This bill has been amended

Bill S397-2013

Relates to the presence of official full or partial lane markings on roadway

Relates to the presence of official full or partial lane markings on roadways.

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  • Jan 9, 2013: REFERRED TO TRANSPORTATION

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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 especially 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 397 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 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.

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