Bill Text: NY S00099 | 2013-2014 | General Assembly | Introduced

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Bill Title: Exempts emergency vehicles from obedience to traffic laws when involved in emergency operations.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S00099 Detail]

Download: New_York-2013-S00099-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          99
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  exempting
         authorized  emergency  vehicles  from  obedience  to traffic laws when
         involved in an emergency operation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  1104 of the vehicle and traffic law, subdivision
    2  (a) as amended by chapter 197 of the laws of 1970, subdivisions (c)  and
    3  (d)  as  amended  by chapter 606 of the laws of 1994, subdivision (e) as
    4  relettered by chapter 336 of the laws of 1968, and  subdivision  (f)  as
    5  added by chapter 400 of the laws of 1975, is amended to read as follows:
    6    S 1104. Authorized  emergency  vehicles. (a) [The driver of an author-
    7  ized emergency vehicle, when involved in  an  emergency  operation,  may
    8  exercise  the  privileges  set forth in this section, but subject to the
    9  conditions herein stated.] UNLESS OTHERWISE MADE  SPECIFICALLY  APPLICA-
   10  BLE,  THE  PROVISIONS  OF  THIS TITLE, EXCEPT THE PROVISIONS OF SECTIONS
   11  ELEVEN HUNDRED NINETY-TWO THROUGH ELEVEN HUNDRED NINETY-SIX,  SHALL  NOT
   12  APPLY  TO THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE WHEN INVOLVED IN
   13  AN EMERGENCY OPERATION PROVIDED THAT WHEN PROCEEDING PAST A  STEADY  RED
   14  SIGNAL,  A  FLASHING  RED  SIGNAL  OR  A STOP SIGN, THE DRIVER MUST HAVE
   15  SLOWED DOWN AS MAY BE NECESSARY FOR SAFE OPERATION  AND  WHEN  EXCEEDING
   16  MAXIMUM SPEED LIMITS, THE DRIVER DOES NOT ENDANGER LIFE OR PROPERTY. ANY
   17  AUTHORIZED  EMERGENCY  VEHICLE  ACTING PURSUANT TO THIS SUBDIVISION MUST
   18  STILL DRIVE WITH DUE REGARD FOR THE SAFETY OF  ALL  PERSONS,  NOR  SHALL
   19  SUCH PROVISIONS PROTECT THE DRIVER FROM THE CONSEQUENCES OF HIS RECKLESS
   20  DISREGARD FOR THE SAFETY OF OTHERS.
   21    (b) [The driver of an authorized emergency vehicle may:
   22    1. Stop, stand or park irrespective of the provisions of this title;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01962-01-3
       S. 99                               2
    1    2.  Proceed  past a steady red signal, a flashing red signal or a stop
    2  sign, but only after slowing down as may be necessary  for  safe  opera-
    3  tion;
    4    3.  Exceed  the  maximum  speed limits so long as he does not endanger
    5  life or property;
    6    4. Disregard regulations governing directions of movement  or  turning
    7  in specified directions.
    8    (c)  Except  for  an authorized emergency vehicle operated as a police
    9  vehicle or bicycle, the] THE exemptions herein granted to an  authorized
   10  emergency vehicle shall apply only when audible signals are sounded from
   11  any said vehicle while in motion by bell, horn, siren, electronic device
   12  or  exhaust whistle [as may be reasonably necessary], and when the vehi-
   13  cle is equipped with AND HAS IN USE at least one lighted  lamp  so  that
   14  from  any direction, under normal atmospheric conditions from a distance
   15  of five hundred feet from such vehicle, at least one red light  will  be
   16  displayed and visible.
   17    [(d)]  (C) An authorized emergency vehicle operated as a police, sher-
   18  iff or deputy sheriff vehicle may exceed the maximum  speed  limits  for
   19  the  purpose  of calibrating such vehicles' speedometer. Notwithstanding
   20  any other law, rule or regulation to the contrary, a police, sheriff  or
   21  deputy sheriff bicycle operated as an authorized emergency vehicle shall
   22  not  be  prohibited  from using any sidewalk, highway, street or roadway
   23  during an emergency operation.
   24    [(e) The foregoing provisions shall  not  relieve  the  driver  of  an
   25  authorized  emergency vehicle from the duty to drive with due regard for
   26  the safety of all persons, nor shall such provisions protect the  driver
   27  from  the  consequences  of  his  reckless  disregard  for the safety of
   28  others.
   29    (f)] (D) Notwithstanding any other law,  rule  or  regulation  to  the
   30  contrary,  an ambulance operated in the course of an emergency shall not
   31  be prohibited from using  any  highway,  street  or  roadway;  provided,
   32  however,  that  an  authority having jurisdiction over any such highway,
   33  street or roadway may specifically prohibit travel thereon by ambulances
   34  if such authority shall deem such travel to be extremely  hazardous  and
   35  would endanger patients being transported thereby.
   36    S 2. This act shall take effect immediately.