S T A T E O F N E W Y O R K ________________________________________________________________________ 3210 2009-2010 Regular Sessions I N A S S E M B L Y January 23, 2009 ___________ Introduced by M. of A. CHRISTENSEN -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to enacting the "Ambrose-Searles move over act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Ambrose-Searles move over act". 3 S 2. Subdivision 3 of section 502 of the vehicle and traffic law, as 4 amended by chapter 692 of the laws of 1985, is amended to read as 5 follows: 6 3. Application for learner's permit. An application for a learner's 7 permit shall be included in the application for a license. A learner's 8 permit shall be issued in such form as the commissioner shall determine 9 but shall not be issued unless the applicant has successfully passed the 10 vision test required by this section and the test set forth in paragraph 11 (a) of subdivision four of this section with respect to laws relating to 12 traffic and ability to read and comprehend traffic signs and symbols and 13 has satisfactorily completed any course required pursuant to paragraph 14 (a) of subdivision four of this section. Upon acceptance of an applica- 15 tion for a learner's permit the commissioner shall provide the applicant 16 with a driver's manual which includes but is not limited to the laws 17 relating to traffic, the laws relating to and physiological effects of 18 driving while ability impaired and driving while intoxicated, THE LAW 19 FOR EXERCISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR 20 STANDING AUTHORIZED EMERGENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED 21 FORTY-FOUR-A OF THIS CHAPTER, explanations of traffic signs and symbols 22 and such other matters as the commissioner may prescribe. 23 S 3. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502 24 of the vehicle and traffic law, as amended by chapter 585 of the laws of 25 2002, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05512-01-9 A. 3210 2 1 (i) Upon submission of an application for a driver's license, the 2 applicant shall be required to take and pass a test, or submit evidence 3 of passage of a test, with respect to the laws relating to traffic, the 4 laws relating to driving while ability is impaired and while intoxicat- 5 ed, under the overpowering influence of "Road Rage", or "Work Zone Safe- 6 ty" awareness as defined by the commissioner, THE LAW RELATING TO EXER- 7 CISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING 8 AUTHORIZED EMERGENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED 9 FORTY-FOUR-A OF THIS CHAPTER, the ability to read and comprehend traffic 10 signs and symbols and such other matters as the commissioner may 11 prescribe, and to satisfactorily complete a course prescribed by the 12 commissioner of not less than four hours and not more than five hours, 13 consisting of classroom driver training and highway safety instruction 14 or the equivalent thereof. Such test shall include at least seven writ- 15 ten questions concerning the effects of consumption of alcohol or drugs 16 on the ability of a person to operate a motor vehicle and the legal and 17 financial consequences resulting from violations of section eleven 18 hundred ninety-two of this chapter, prohibiting the operation of a motor 19 vehicle while under the influence of alcohol or drugs. Such test shall 20 include one or more written questions concerning the devastating effects 21 of "Road Rage" on the ability of a person to operate a motor vehicle and 22 the legal and financial consequences resulting from assaulting, threat- 23 ening or interfering with the lawful conduct of another person legally 24 using the roadway. Such test shall include one or more questions 25 concerning the potential dangers to persons and equipment resulting from 26 the unsafe operation of a motor vehicle in a work zone. SUCH TEST MAY 27 INCLUDE ONE OR MORE QUESTIONS CONCERNING THE LAW FOR EXERCISING DUE CARE 28 TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING AUTHORIZED EMER- 29 GENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS 30 CHAPTER. Such test shall be administered by the commissioner. The 31 commissioner shall cause the applicant to take a vision test and a test 32 for color blindness. Upon passage of the vision test, the application 33 may be accepted and the application fee shall be payable. 34 S 4. The vehicle and traffic law is amended by adding a new section 35 1144-a to read as follows: 36 S 1144-A. OPERATION OF VEHICLES WHEN APPROACHING A PARKED, STOPPED OR 37 STANDING AUTHORIZED EMERGENCY VEHICLE. EVERY OPERATOR OF A MOTOR VEHICLE 38 SHALL EXERCISE DUE CARE TO AVOID COLLIDING WITH AN AUTHORIZED EMERGENCY 39 VEHICLE WHICH IS PARKED, STOPPED OR STANDING ON THE SHOULDER OR ANY 40 PORTION OF SUCH HIGHWAY AND SUCH AUTHORIZED EMERGENCY VEHICLE IS 41 DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS PURSUANT 42 TO THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION FORTY-ONE OF SECTION 43 THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER. FOR OPERATORS OF MOTOR 44 VEHICLES ON PARKWAYS OR CONTROLLED ACCESS HIGHWAYS, SUCH DUE CARE SHALL 45 INCLUDE, BUT NOT BE LIMITED TO, MOVING FROM A LANE WHICH CONTAINS OR IS 46 IMMEDIATELY ADJACENT TO THE SHOULDER WHERE SUCH AUTHORIZED EMERGENCY 47 VEHICLE DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS 48 PURSUANT TO THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION FORTY-ONE OF 49 SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IS PARKED, STOPPED OR 50 STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT OTHERWISE COMPLIES 51 WITH THE REQUIREMENTS OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, THE 52 PROVISIONS OF SECTIONS ELEVEN HUNDRED TEN OF THIS TITLE AND ELEVEN 53 HUNDRED TWENTY-EIGHT OF THIS TITLE. EVERY PERSON CONVICTED OF A 54 VIOLATION OF THIS SECTION SHALL: FOR A FIRST CONVICTION THEREOF, BE 55 PUNISHED BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE 56 THAN FOUR HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY A. 3210 3 1 DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND 2 VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF THREE YEARS, 3 SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT LESS THAN SIX HUNDRED 4 DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR 5 NOT MORE THAN ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISON- 6 MENT; UPON A CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH 7 WERE COMMITTED WITHIN A PERIOD OF THREE YEARS, SUCH PERSON SHALL BE 8 PUNISHED BY A FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE 9 THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE 10 HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. 11 S 5. The commissioner of motor vehicles shall establish and implement 12 an educational program designed to inform operators of motor vehicles in 13 this state of the requirements of section 1144-a of the vehicle and 14 traffic law, as added by section four of this act. 15 S 6. This act shall take effect immediately, provided that: 16 (a) sections two and three of this act shall take effect September 1, 17 2009, except that the promulgation of any rules and regulations, and the 18 taking of any other actions necessary to implement the provisions of 19 such sections of this act are authorized and directed to be made on or 20 before the effective date of such sections of this act; and 21 (b) section four of this act shall take effect January 1, 2010.