This bill has been amended

Bill S4298-2015

Authorizes emergency vehicles and tow trucks to travel on shoulders or slopes of controlled-access highways

Authorizes emergency vehicles and tow trucks to travel on shoulders or slopes of controlled-access highways when dispatched to the scene of an accident.

Details

Actions

  • Mar 26, 2015: ADVANCED TO THIRD READING
  • Mar 25, 2015: 2ND REPORT CAL.
  • Mar 24, 2015: 1ST REPORT CAL.303
  • Mar 11, 2015: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 24, 2015
Ayes (18): Robach, Marcellino, Avella, Gallivan, Larkin, Martins, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Valesky, Young, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky
Ayes W/R (1): Panepinto

Memo

BILL NUMBER:S4298

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to vehicles that may travel on the shoulders of controlled-access highways

PURPOSE: To allow emergency vehicles and tow trucks to travel on shoulders and slopes of controlled-access highways when dispatched to the scene of an accident by a law enforcement agency or an authority, department or agency having jurisdiction over such controlled-access highway.

SUMMARY OF PROVISIONS:

Section 1. Authorizes emergency vehicles and tow trucks to travel on shoulders and slopes of controlled-access highways when dispatched to the scene of an accident by a law enforcement agency or an authority, department or agency having jurisdiction, over such controlled-access highway.

Section 2. Provides for an immediate effective date.

JUSTIFICATION: Current law only authorizes motor vehicles that are "directed by police officers or flagpersons" to travel on-shoulders and slopes of controlled-access highways. There have been incidents when tow truck operators have been held liable for accidents caused while using shoulders and slopes to gain access to accident scenes on the theory that they had no authority to engage in such conduct. This bill seeks to provide necessary protection to emergency vehicles and tow trucks when using the only means available to them in reaching accident scenes.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4298 2015-2016 Regular Sessions IN SENATE March 11, 2015 ___________
Introduced by Sen. ROBACH -- 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 vehicles that may travel on the shoulders of controlled-access highways THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1131 of the vehicle and traffic law, as added by chapter 162 of the laws of 1990, is amended to read as follows: S 1131. Driving on shoulders and slopes. Except for bicycles and those classes of vehicles required to travel on shoulders or slopes, no motor vehicle shall be driven over, across, along, or within any shoulder or slope of any state controlled-access highway except at a location specifically authorized and posted by the department of transportation. The foregoing limitation shall not prevent EMERGENCY VEHICLES AND TOW TRUCKS FROM USING SHOULDERS OR SLOPES WHEN DISPATCHED TO THE SCENE OF AN ACCIDENT BY A LAW ENFORCEMENT AGENCY OR AN AUTHORITY, DEPARTMENT OR AGENCY HAVING JURISDICTION OVER SUCH CONTROLLED-ACCESS HIGHWAY NOR SHALL IT PREVENT motor vehicles from using shoulders or slopes when directed by police officers or flagpersons, nor does it prevent motor vehicles from stopping, standing, or parking on shoulders or slopes where such stopping, standing, or parking is lawful. S 2. This act take effect immediately.

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