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