Relates to the presence of traffic control devices on roadways which prohibit the changing of lanes on such roadways.

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S397-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S397-2013 Memo

BILL NUMBER:S397

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 place indicating
those portions of any roadway where the changing of lanes is
prohibited, 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 double 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 that the original
intent of section 1128(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 espe-
cially hazardous" can be misconstrued as an additional criterion (to
the presence of barrier markings) required being in violation of this
law.


In this bill, the use of the phase "where the changing lanes is
prohibited", brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d).

PRIOR LEGISLATIVE HISTORY:
2012:    S.7215
2011-12  Similar legislation S.1316/A.3559  - Passed Senate
2009-10: Similar legislation S.5175B/A.9823 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S397-2013 Text

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

                                     397

                         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 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 IN  PLACE  INDI-
  CATING  THOSE  PORTIONS  OF  ANY  ROADWAY WHERE THE CHANGING OF LANES IS
  PROHIBITED, DRIVERS OF VEHICLES SHALL OBEY THE DIRECTION OF  EVERY  SUCH
  DEVICE.  FOR  THE  PURPOSE OF THIS SUBDIVISION, OFFICIAL TRAFFIC CONTROL
  DEVICES ARE DESIGNATED BY A SOLID DOUBLE 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.
                                                             LBD00687-01-3