Bill Text: NY A10280 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires drivers to move from a lane which contains or is immediately adjacent to the shoulder where a vehicle displaying an emergency condition is parked, stopped or standing.

Spectrum: Moderate Partisan Bill (Democrat 26-7)

Status: (Introduced - Dead) 2012-05-17 - referred to transportation [A10280 Detail]

Download: New_York-2011-A10280-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10280
                                 I N  A S S E M B L Y
                                     May 17, 2012
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI, GUNTHER, GALEF, McDONOUGH, PERRY,
         MAISEL, REILLY, ABBATE, SCARBOROUGH, KEARNS, BRONSON, WEPRIN, BARRETT,
         WALTER, SCHIMMINGER, CLARK,  TITUS,  P. RIVERA,  RA,  BURLING,  FINCH,
         CRESPO,  MARKEY  --  Multi-Sponsored  by  -- M. of A. ARROYO, BOYLAND,
         BRENNAN, HAWLEY, HOOPER, McLAUGHLIN, SWEENEY, WEISENBERG -- read  once
         and referred to the Committee on Transportation
       AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
         drivers to move from a lane which contains or is immediately  adjacent
         to  the  shoulder where a vehicle displaying an emergency condition is
         parked, stopped or standing to another lane
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 159-a to read as follows:
    3    S 159-A. VEHICLE IN DISTRESS. A VEHICLE WHICH IS PARKED,  STOPPED,  OR
    4  STANDING ON THE SHOULDER OF A HIGHWAY, INTERSTATE, PARKWAY, OR ROAD THAT
    5  IS  EXPERIENCING  AN EMERGENCY CONDITION. A VEHICLE IN DISTRESS THAT MAY
    6  BE IDENTIFIED BY SEVERAL FEATURES INCLUDING BUT NOT LIMITED TO  FLASHING
    7  AMBER  HAZARD  WARNING LIGHTS, OPEN HOOD, ROAD FLARES, ORANGE REFLECTIVE
    8  TRIANGLE, WHITE FLAG IN THE WINDOW, FLAT TIRE, LEAKING FLUIDS, OR ABNOR-
    9  MAL SMOKE COMING FROM THE VEHICLE.
   10    S 2. Section 1144-a of the vehicle  and  traffic  law  is  amended  by
   11  adding a new subdivision (c) to read as follows:
   12    (C) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
   13  COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
   14  ING  ON  THE SHOULDER OF A HIGHWAY AND DISPLAYING AN EMERGENCY CONDITION
   15  INCLUDING BUT NOT LIMITED TO AMBER HAZARD WARNING LIGHTS,  ROAD  FLARES,
   16  WHITE  FLAG  IN  WINDOW, OR REFLECTIVE HAZARD TRIANGLE. FOR OPERATORS OF
   17  MOTOR VEHICLES ON PARKWAYS OR CONTROLLED ACCESS HIGHWAYS, SUCH DUE  CARE
   18  SHALL  INCLUDE, BUT NOT LIMITED TO, MOVING FROM A LANE WHICH CONTAINS OR
   19  IS IMMEDIATELY ADJACENT TO THE SHOULDER WHERE SUCH A VEHICLE IS DISPLAY-
   20  ING AN EMERGENCY CONDITION IS PARKED, STOPPED  OR  STANDING  TO  ANOTHER
   21  LANE,  PROVIDED  THAT SUCH MOVEMENT OTHERWISE COMPLIES WITH THE REQUIRE-
   22  MENTS OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, THE  PROVISIONS  OF
   23  SECTIONS  ELEVEN  HUNDRED  TEN  AND  ELEVEN HUNDRED TWENTY-EIGHT OF THIS
   24  TITLE.
   25    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15489-01-2