S1316-2011 - NY Senate Open Legislation - Relates to the presence of official full or partial lane markings on roadway

Relates to the presence of official full or partial barrier markings on roadways which prohibit crossing of such markings.

Sponsor: DILAN

Co-sponsor(s): DIAZ, HASSELL-THOMPSON

Committee: RULES
Law Section: Vehicle and Traffic Law
Law: Amd S1128, V & T L

S1316-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 5, 2012: ADVANCED TO THIRD READING
Mar 1, 2012: 2ND REPORT CAL.
Feb 29, 2012: 1ST REPORT CAL.243
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 6, 2011: referred to transportation
Jun 6, 2011: DELIVERED TO ASSEMBLY
Jun 6, 2011: PASSED SENATE
Mar 10, 2011: ADVANCED TO THIRD READING
Mar 9, 2011: 2ND REPORT CAL.
Mar 8, 2011: 1ST REPORT CAL.181
Jan 6, 2011: REFERRED TO TRANSPORTATION

S1316-2011 Meetings

Transportation: Mar 8, 2011, Transportation: Feb 29, 2012

S1316-2011 Calendars

S1316-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 8, 2011

Ayes (19): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky

VOTE: FLOOR VOTE: - Jun 6, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Absent (1): Parker

VOTE: COMMITTEE VOTE: - Transportation - Feb 29, 2012

Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Excused (1): Adams

S1316-2011 Memo

BILL NUMBER:S1316

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to roadway
lane markings

PURPOSE OR GENERAL IDEA OF BILL:
To amend the vehicle and traffic law by clarifying which roadway
official traffic control devices prohibit the changing of travel
lanes in the same direction.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subdivision d of section 1128 of chapter
206 of vehicle and traffic law by changing the language "markings
are in place indicating those portions of any roadway where
crossing such markings would be especially hazardous, no driver of a
vehicle proceeding along such highway shall at any time drive across
such markings" to read, "traffic control devices are in installed
on roadways prohibiting the changing of lanes, drivers of vehicles
shall obey the direction of every such device." Additionally it adds
the wording "For the purpose of this subdivision, official traffic
control devices are designated by a two solid white line pavement
marking or a sign.
Section 2 provides that this act shall take
effect immediately.

JUSTIFICATION:
As the current vehicle and traffic law 1128 (d) is written, official
highway markings are those that shall not at any time be crossed
by a driver. The law's original intent was as a "no lane change"
provision to the vehicle and traffic law. However, the current law
is vague and allows police officers to issue a ticket in violation of
section 1128 (d) to anyone whom the officer deems has, in a-hazardous
manner crossed a marking such as the edge line, which could
include your own driveway entrance. The Appellate Term, of the Second
Department found in the People v Shulman that the white edgeline
along the side of the road does not constitute an "official marking"
under VAT 1128 (d) . This court ruled in favor of Mr. Shulman,
finding from his research that the original intent of section 11
28 (d) was in specific reference to crossing barrier markings. The
white edge line along the road, for instance, does not represent a
barrier marking and thus is not an official roadway marking under
section 1128(d).

The presence barrier markings already indicates those portions of the
roadway where the NYDOT has determined that crossing such markings
would be especially hazardous and thus that changing lanes is
prohibited.

Further, the extra wording "where crossing such markings would be
especially hazardous" can be misconstrued as an additional criterion
(to the
presence of barrier markings) required being in violation of this law.


In the proposed amendment, the use of the phase "where changing lanes
is prohibited", brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d). Further, to
update and clarify Section 1128(d), language from the current Federal
MUTCD description, "a two solid White line pavement marking", has
been added.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5175B/A.9823 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1316-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1316

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- 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 roadway lane
    markings

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision (d) of section 1128 of the vehicle and  traffic
  law,  as added by chapter 206 of the laws of 1971, is amended to read as
  follows:

    (d) When official [markings are in place indicating those portions  of
  any  roadway where crossing such markings would be especially hazardous,
  no driver of a vehicle proceeding along such highway shall at  any  time
  drive  across  such  markings]  TRAFFIC CONTROL DEVICES ARE INSTALLED ON
  ROADWAYS PROHIBITING THE CHANGING OF LANES, DRIVERS  OF  VEHICLES  SHALL
  OBEY  THE DIRECTION OF EVERY SUCH DEVICE. FOR THE PURPOSE OF THIS SUBDI-
  VISION, OFFICIAL TRAFFIC CONTROL DEVICES ARE DESIGNATED BY A TWO  NORMAL
  SOLID WHITE LINE PAVEMENT MARKING OR A SIGN.
    S 2. This act shall take effect immediately.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03009-01-1

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S1316-2011: Relates to the presence of official full or partial lane markings on roadway