S393-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S393-2013 Memo

BILL NUMBER:S393

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to emergency rule with
respect to the removal of vehicles from public streets and highways

PURPOSE:
To allow police officers and other public officers to direct
that vehicles and their contents be removed from public highways and
to relieve such Police officer and public officers, and anyone acting
pursuant to their direction from liability for such removal, unless
such removal was carried out in a reckless or grossly negligent manner.

SUMMARY OF PROVISIONS:
Adds a new paragraph to section 1602 of the
vehicle and traffic law to accomplish the foregoing.

JUSTIFICATION:
Numerous studies have indicated that delays in clearing
highways of wrecked or damaged vehicles often leads to secondary
accidents and a loss of productivity by persons who are
inconvenienced by highways that are closed as the result of
accidents. For this reason, many police agencies and political
subdivisions have adopted "quick clearance" procedures that are
designed to open highways in as short a time as possible. These
procedures often require the removal of vehicles (sometimes by the
use of bulldozers) in a manner that results in unavoidable damage to
Such vehicles and their cargo.

This bill relieves police officers and other public officers, and any
persons acting pursuant to their direction, from liability for damage
caused to such vehicles and cargo unless such removal is carried out
in a reckless or grossly negligent manner.

Legislation of this nature is endorsed by the 1-95 Corridor Coalition,
a coalition consisting of transportation, police, emergency and
private sector interests that range from Maine to Florida.

LEGISLATIVE HISTORY:
2011-12:  S.1366/A.1343
2009-10:  S.5175/A.9995 - Passed Senate

FISCAL IMPACT:
None to the state.

EFFECTIVE DATE:
Immediately.

S393-2013 Text

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

                                     393

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DILAN  -- 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  emergency
    rule  with  respect to the removal of vehicles from public streets and
    highways

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


    Section  1.  Section 1602 of the vehicle and traffic law is amended by
  adding a new subdivision (e) to read as follows:

    (E) A POLICE OFFICER OR OTHER PUBLIC OFFICER WHO HAS  BEEN  DESIGNATED
  BY  THE  STATE OR A POLITICAL SUBDIVISION THEREOF TO REGULATE TRAFFIC AT
  THE SCENE OF AN ACCIDENT OR SPECIAL EMERGENCY MAY, IN THE  INTERESTS  OF
  PUBLIC SAFETY AND CONVENIENCE, DIRECT THAT A VEHICLE AND ITS CONTENTS BE
  REMOVED  FROM  A  PUBLIC STREET OR HIGHWAY. SUCH POLICE OFFICER OR OTHER
  PUBLIC OFFICER AND ANY PERSON ACTING PURSUANT TO HIS  OR  HER  DIRECTION
  SHALL  NOT  BE  LIABLE  FOR  ANY  DAMAGE TO SUCH VEHICLE OR ITS CONTENTS
  UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR  GROSSLY  NEGLIGENT
  MANNER.
    S 2. This act shall take effect immediately.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00701-01-3