Bill S393-2013

Relates to emergency rule with respect to the removal of vehicles from public streets and highways

Relates to emergency rule with respect to the removal of vehicles from public streets and highways.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 393 2013-2014 Regular Sessions IN 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.

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