Bill Text: NY A02039 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 2039 (Prior Session Legislation)

NY State Legislature page for A02039

Introduced

Bill Title: Requires a driver approaching stationary emergency vehicles, tow or recovery trucks, or highway maintenance vehicles displaying flashing lights to switch lanes or reduce the speed of the driver's vehicle, and be prepared to stop the vehicle.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A02039 Detail]

Download: New_York-2015-A02039-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2039
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to requiring an
         operator of a motor vehicle approaching stationary emergency vehicles,
         tow or recovery trucks, or highway maintenance vehicles on the roadway
         to switch lanes or reduce the speed of a motor vehicle
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (b) of section 1144 of the vehicle and traffic
    2  law, as amended by chapter 300 of the laws of 1960, is amended  to  read
    3  as follows:
    4    (b)  THE  OPERATOR OF A MOTOR VEHICLE APPROACHING A STATIONARY AUTHOR-
    5  IZED EMERGENCY VEHICLE THAT DISPLAYS FLASHING YELLOW, AMBER, WHITE,  RED
    6  OR  BLUE  LIGHTS, OR A STATIONARY TOW VEHICLE OR A RECOVERY VEHICLE THAT
    7  DISPLAYS FLASHING LIGHTS WHILE PERFORMING A RECOVERY OR LOADING  ON  THE
    8  ROADSIDE,  OR  A  STATIONARY  HIGHWAY  MAINTENANCE VEHICLE THAT DISPLAYS
    9  FLASHING LIGHTS, SHALL APPROACH SUCH  EMERGENCY  VEHICLE,  TOW  VEHICLE,
   10  RECOVERY  VEHICLE  OR  HIGHWAY  MAINTENANCE VEHICLE WITH DUE CAUTION AND
   11  SHALL, ABSENT ANY OTHER DIRECTION BY A LAW ENFORCEMENT OFFICER,  PROCEED
   12  AS FOLLOWS:
   13    (1)  IF  EXISTING  SAFETY  AND  TRAFFIC CONDITIONS PERMIT, MAKE A LANE
   14  CHANGE INTO A LANE NOT ADJACENT TO SUCH VEHICLES; OR
   15    (2) IF A LANE CHANGE PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION  IS
   16  NOT POSSIBLE, REDUCE THE SPEED OF SUCH MOTOR VEHICLE TO A REASONABLE AND
   17  PROPER  SPEED  FOR  EXISTING  ROAD  AND TRAFFIC CONDITIONS, AND SHALL BE
   18  PREPARED TO STOP SUCH MOTOR VEHICLE.
   19    VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY  A  FINE  NOT  TO
   20  EXCEED  ONE  HUNDRED  DOLLARS  FOR  THE FIRST VIOLATION AND FIVE HUNDRED
   21  DOLLARS FOR ANY SUBSEQUENT VIOLATIONS OF THIS SUBDIVISION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05684-01-5
       A. 2039                             2
    1    (C) This section shall not operate to relieve the driver of an author-
    2  ized emergency vehicle from the duty to drive with reasonable  care  for
    3  all persons using the highway.
    4    S  2.  This  act shall take effect on the thirtieth day after it shall
    5  have become a law.