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

                                  4298

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09399-01-5


              

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

                                 4298--B
    Cal. No. 303

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens.  ROBACH, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- passed by  Senate
  and  delivered  to the Assembly, recalled, vote reconsidered, restored
  to third reading, amended and ordered reprinted, retaining  its  place
  in the order of third reading

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 TOW TRUCKS FROM USING  SHOUL-
DERS OR SLOPES IN AS LIMITED AND INCIDENTAL A MANNER AS PRACTICABLE WHEN
DISPATCHED TO THE SCENE OF AN ACCIDENT BY A LAW ENFORCEMENT AGENCY OR AN
AUTHORITY,  DEPARTMENT  OR  AGENCY  HAVING  JURISDICTION OVER SUCH CONT-
ROLLED-ACCESS HIGHWAY AND ALL LANES ARE OBSTRUCTED BY TRAFFIC, PROVIDED,
HOWEVER, THAT THE FOREGOING SHALL NOT RELIEVE THE DRIVER OF A TOW  TRUCK
FROM THE DUTY TO DRIVE WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS NOR
SHALL  SUCH PROVISION PROTECT THE TOW TRUCK DRIVER FROM THE CONSEQUENCES
OF HIS OR HER RECKLESS DISREGARD FOR THE SAFETY OF OTHERS AND  SHALL  AT
ALL  TIMES  OPERATE  SUCH  TOW TRUCK IN COMPLIANCE WITH ALL STANDARDS OF
CARE IMPOSED TO PREVENT THOSE INJURIES OR DAMAGES TO PERSONS OR PROPERTY
OF ANOTHER WHICH MAY RESULT FROM THE OPERATOR'S NEGLIGENCE, RECKLESSNESS

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

                                                           LBD09399-05-5

S. 4298--B                          2

OR INTENTIONAL MISCONDUCT, NOR SHALL  IT  PREVENT  motor  vehicles  from
using  shoulders  or slopes when directed by police officers or flagper-
sons, 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.  The  governor's traffic safety committee shall conduct a public
education campaign to educate the general public about the provisions of
this act and to make motorists aware of the potential use  of  shoulders
and slopes on limited access highways by operators of tow trucks.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
commissioner  of  motor  vehicles  is authorized to promulgate any regu-
lations necessary to effectuate the provisions of this act on its effec-
tive date.