Bill Text: NY S02270 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light; provides for mandatory revocation of a driver's license for a period of six months where a person violates section 1144-a of the vehicle and traffic law and causes serious physical injury or death to another person; directs the division of criminal justice services to establish a public information campaign to instruct the public that operating a motor vehicle when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light that results in physical injury, serious physical injury or death as a result of the operator recklessly failing to exercise due care to avoid a collision can result in serious criminal penalties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S02270 Detail]
Download: New_York-2021-S02270-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2270 2021-2022 Regular Sessions IN SENATE January 20, 2021 ___________ Introduced by Sens. GALLIVAN, AKSHAR, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law, in relation to the opera- tion of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1144-a of the vehicle and traffic law, as amended 2 by chapter 458 of the laws of 2011, the section heading as amended and 3 subdivision (c) as added by chapter 97 of the laws of 2016, subdivision 4 (a) as amended by chapter 248 of the laws of 2013, and subdivision (b) 5 as amended by section 3 of part C of chapter 58 of the laws of 2020, is 6 amended to read as follows: 7 § 1144-a. Operation of vehicles when approaching a parked, stopped or 8 standing authorized emergency vehicle or hazard vehicle or vehicle 9 displaying a blue or green light. (a) 1. Every operator of a motor vehi- 10 cle shall exercise due care to avoid colliding with an authorized emer- 11 gency vehicle which is parked, stopped or standing on the shoulder or 12 any portion of such highway and such authorized emergency vehicle is 13 displaying one or more red or combination red and white lights pursuant 14 to the provisions of paragraph two of subdivision forty-one of section 15 three hundred seventy-five of this chapter or is displaying one or more 16 blue, combination blue and red or combination blue, red and white lights 17 pursuant to the provisions of subparagraph b of paragraph four of subdi- 18 vision forty-one of section three hundred seventy-five of this chapter. 19 For operators of motor vehicles on parkways or controlled access high- 20 ways, such due care shall include, but not be limited to, moving from a 21 lane which contains or is immediately adjacent to the shoulder where 22 such authorized emergency vehicle displaying one or more red, blue or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04108-01-1S. 2270 2 1 white or any combination of red and white lights or blue or combination 2 blue and red or combination blue, red and white lights pursuant to the 3 provisions of paragraph two or subparagraph b of paragraph four, as 4 applicable of subdivision forty-one of section three hundred seventy- 5 five of this chapter is parked, stopped or standing to another lane, 6 provided that such movement otherwise complies with the requirements of 7 this chapter including, but not limited to, the provisions of sections 8 eleven hundred ten [of this title] and eleven hundred twenty-eight of 9 this title. 10 [(b)] 2. Every operator of a motor vehicle shall exercise due care to 11 avoid colliding with a hazard vehicle which is parked, stopped or stand- 12 ing on the shoulder or on any portion of such highway and such hazard 13 vehicle is displaying one or more amber lights pursuant to the 14 provisions of paragraph three of subdivision forty-one of section three 15 hundred seventy-five of this chapter or, if such hazard vehicle is 16 designed for the towing or pushing of disabled vehicles such hazard 17 vehicle is displaying one or more amber lights or one or more blue or 18 combination blue and amber lights pursuant to the provisions of para- 19 graph three or subparagraph b-1 of paragraph four, as applicable, of 20 subdivision forty-one of section three hundred seventy-five of this 21 chapter. For operators of motor vehicles on parkways or controlled 22 access highways, such due care shall include, but not be limited to, 23 moving from a lane which contains or is immediately adjacent to the 24 shoulder where (i) such hazard vehicle displaying one or more amber 25 lights pursuant to the provisions of paragraph three of subdivision 26 forty-one of section three hundred seventy-five of this chapter or (ii) 27 such hazard vehicle designed for the towing or pushing of disabled vehi- 28 cles displaying one or more amber lights or one or more blue or combina- 29 tion blue and amber lights pursuant to the provisions of paragraph three 30 or subparagraph b-1 of paragraph four, as applicable, of subdivision 31 forty-one of section three hundred seventy-five of this chapter, is 32 parked, stopped or standing to another lane, provided that such movement 33 otherwise complies with the requirements of this chapter including, but 34 not limited to, the provisions of sections eleven hundred ten and eleven 35 hundred twenty-eight of this title. 36 [(c)] 3. Every operator of a motor vehicle shall exercise due care to 37 avoid colliding with a vehicle displaying a blue light pursuant to the 38 provisions of paragraph four or a green light pursuant to the provisions 39 of paragraph five of subdivision forty-one of section three hundred 40 seventy-five of this chapter which is parked, stopped or standing on the 41 shoulder or any portion of such highway. For operators of motor vehicles 42 on parkways or controlled access highways, such due care shall include, 43 but not be limited to, moving from a lane which contains or is imme- 44 diately adjacent to the shoulder where such vehicle displaying a blue 45 light pursuant to the provisions of paragraph four or a green light 46 pursuant to the provisions of paragraph five of subdivision forty-one of 47 section three hundred seventy-five of this chapter is parked, stopped or 48 standing to another lane, provided that such movement otherwise complies 49 with the requirements of this chapter including, but not limited to, the 50 provisions of sections eleven hundred ten and eleven hundred twenty- 51 eight of this title. 52 (b) 1. An operator of a motor vehicle who causes physical injury as 53 defined under article ten of the penal law as a result of recklessly 54 failing to exercise due care in violation of subdivision (a) of this 55 section shall be guilty of a class A misdemeanor punishable by a fine of 56 not less than two hundred fifty dollars nor more than five hundredS. 2270 3 1 dollars in addition to any other penalties provided by law. A conviction 2 for a second or any subsequent violation, any of which were committed 3 within a period of eighteen months, shall constitute a class E felony, 4 punishable by a fine of not less than one thousand nor more than two 5 thousand five hundred dollars in addition to any other penalties 6 provided by law. 7 2. An operator of a motor vehicle (i) who causes serious physical 8 injury as defined under article ten of the penal law as a result of 9 recklessly failing to exercise due care in violation of subdivision (a) 10 of this section shall be guilty of a class D felony punishable by a fine 11 of not less than one thousand dollars nor more than five thousand 12 dollars in addition to any other penalty provided by law, or (ii) who 13 causes death as a result of recklessly failing to exercise due care in 14 violation of subdivision (a) of this section shall be guilty of a class 15 C felony punishable by a fine of not less than two thousand nor more 16 than five thousand dollars in addition to any other penalties provided 17 by law, and by suspension of a license or registration pursuant to 18 subparagraph (xviii) of paragraph b of subdivision two of section five 19 hundred ten of this chapter. 20 (c) For the purposes of this section, the term "recklessly" shall have 21 the same meaning as defined in section 15.05 of the penal law. 22 § 2. Paragraph b of subdivision 2 of section 510 of the vehicle and 23 traffic law is amended by adding a new subparagraph (xviii) to read as 24 follows: 25 (xviii) for a period of six months where the holder is convicted of a 26 violation of paragraph two of subdivision (b) of section eleven hundred 27 forty-four-a of this chapter and the commission of such violation caused 28 serious physical injury to or death of another person. 29 § 3. The division of criminal justice services shall establish a 30 public information campaign to instruct the public that operating a 31 motor vehicle when approaching a parked, stopped or standing authorized 32 emergency vehicle or hazard vehicle or vehicle displaying a blue or 33 green light that results in physical injury, serious physical injury or 34 death as a result of the operator recklessly failing to exercise due 35 care to avoid a collision can result in serious criminal penalties. 36 § 4. This act shall take effect immediately.
