Bill Text: NY A01100 | 2021-2022 | General Assembly | Amended
Bill Title: Requires an operator of a motor vehicle to exercise due care to avoid colliding with a disabled vehicle or a motor vehicle involved in an accident which is parked, stopped, or standing on the shoulder of a highway.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2022-05-16 - print number 1100a [A01100 Detail]
Download: New_York-2021-A01100-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1100--A 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. ZEBROWSKI, COLTON, CAHILL, GUNTHER, LUPARDO, GOTTFRIED, OTIS, GALEF, PAULIN, SANTABARBARA -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, ENGLEBRIGHT, GLICK, JEAN-PIERRE -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to requiring an operator of a motor vehicle to exercise due care to avoid colliding with a disabled vehicle or a motor vehicle involved in an accident which is parked, stopped, or standing on the shoulder of a highway The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1144-a of the vehicle and traffic law, as amended 2 by chapter 458 of the laws of 2011, the section heading as amended and 3 subdivision (c) as added by chapter 97 of the laws of 2016, subdivision 4 (a) as amended by chapter 248 of the laws of 2013, and subdivision (b) 5 as amended by section 3 of part C of chapter 58 of the laws of 2020, is 6 amended to read as follows: 7 § 1144-a. Operation of vehicles when approaching a parked, stopped or 8 standing authorized emergency vehicle [or], hazard vehicle [or], vehicle 9 displaying blue or green light or disabled vehicle. (a) Every operator 10 of a motor vehicle shall exercise due care to avoid colliding with an 11 authorized emergency vehicle which is parked, stopped or standing on the 12 shoulder or any portion of such highway and such authorized emergency 13 vehicle is displaying one or more red or combination red and white 14 lights pursuant to the provisions of paragraph two of subdivision 15 forty-one of section three hundred seventy-five of this chapter or is 16 displaying one or more blue, combination blue and red or combination 17 blue, red and white lights pursuant to the provisions of subparagraph b 18 of paragraph four of subdivision forty-one of section three hundred EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05090-03-2A. 1100--A 2 1 seventy-five of this chapter. For operators of motor vehicles on park- 2 ways or controlled access highways, such due care shall include, but not 3 be limited to, moving from a lane which contains or is immediately adja- 4 cent to the shoulder where such authorized emergency vehicle displaying 5 one or more red, blue or white or any combination of red and white 6 lights or blue or combination blue and red or combination blue, red and 7 white lights pursuant to the provisions of paragraph two or subparagraph 8 b of paragraph four, as applicable of subdivision forty-one of section 9 three hundred seventy-five of this chapter is parked, stopped or stand- 10 ing to another lane, provided that such movement otherwise complies with 11 the requirements of this chapter including, but not limited to, the 12 provisions of sections eleven hundred ten of this title and eleven 13 hundred twenty-eight of this title. 14 (b) Every operator of a motor vehicle shall exercise due care to avoid 15 colliding with a hazard vehicle which is parked, stopped or standing on 16 the shoulder or on any portion of such highway and such hazard vehicle 17 is displaying one or more amber lights pursuant to the provisions of 18 paragraph three of subdivision forty-one of section three hundred seven- 19 ty-five of this chapter or, if such hazard vehicle is designed for the 20 towing or pushing of disabled vehicles such hazard vehicle is displaying 21 one or more amber lights or one or more blue or combination blue and 22 amber lights pursuant to the provisions of paragraph three or subpara- 23 graph b-1 of paragraph four, as applicable, of subdivision forty-one of 24 section three hundred seventy-five of this chapter. For operators of 25 motor vehicles on parkways or controlled access highways, such due care 26 shall include, but not be limited to, moving from a lane which contains 27 or is immediately adjacent to the shoulder where (i) such hazard vehicle 28 displaying one or more amber lights pursuant to the provisions of para- 29 graph three of subdivision forty-one of section three hundred seventy- 30 five of this chapter or (ii) such hazard vehicle designed for the towing 31 or pushing of disabled vehicles displaying one or more amber lights or 32 one or more blue or combination blue and amber lights pursuant to the 33 provisions of paragraph three or subparagraph b-1 of paragraph four, as 34 applicable, of subdivision forty-one of section three hundred seventy- 35 five of this chapter, is parked, stopped or standing to another lane, 36 provided that such movement otherwise complies with the requirements of 37 this chapter including, but not limited to, the provisions of sections 38 eleven hundred ten and eleven hundred twenty-eight of this title. 39 (c) Every operator of a motor vehicle shall exercise due care to avoid 40 colliding with a vehicle displaying a blue light pursuant to the 41 provisions of paragraph four or a green light pursuant to the provisions 42 of paragraph five of subdivision forty-one of section three hundred 43 seventy-five of this chapter which is parked, stopped or standing on the 44 shoulder or any portion of such highway. For operators of motor vehicles 45 on parkways or controlled access highways, such due care shall include, 46 but not be limited to, moving from a lane which contains or is imme- 47 diately adjacent to the shoulder where such vehicle displaying a blue 48 light pursuant to the provisions of paragraph four or a green light 49 pursuant to the provisions of paragraph five of subdivision forty-one of 50 section three hundred seventy-five of this chapter is parked, stopped or 51 standing to another lane, provided that such movement otherwise complies 52 with the requirements of this chapter including, but not limited to, the 53 provisions of sections eleven hundred ten and eleven hundred twenty- 54 eight of this title. 55 (d) Every operator of a motor vehicle shall exercise due care to avoid 56 colliding with a disabled vehicle or a motor vehicle involved in anA. 1100--A 3 1 accident which is parked, stopped or standing on the shoulder or any 2 portion of such highway. For operators of motor vehicles on parkways or 3 controlled access highways, such due care shall include, but not be 4 limited to, moving from a lane which contains or is immediately adjacent 5 to the shoulder where such disabled vehicle or motor vehicle involved in 6 an accident is parked, stopped or standing to another lane, provided 7 that such movement otherwise complies with the requirements of this 8 chapter including, but not limited to, the provisions of sections eleven 9 hundred ten and eleven hundred twenty-eight of this title. 10 § 2. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law.
