This bill has been amended

Bill S4647B-2009

Enacts the "Ambrose-Searles move over act"

Enacts the "Ambrose-Searles move over act" which requires every operator of a motor vehicle to exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of a highway; sets forth standard of due care.

Details

Actions

  • Aug 13, 2010: SIGNED CHAP.387
  • Aug 3, 2010: DELIVERED TO GOVERNOR
  • Jun 29, 2010: returned to senate
  • Jun 29, 2010: passed assembly
  • Jun 29, 2010: ordered to third reading rules cal.426
  • Jun 29, 2010: substituted for a5292b
  • Jun 16, 2010: referred to codes
  • Jun 16, 2010: DELIVERED TO ASSEMBLY
  • Jun 16, 2010: PASSED SENATE
  • Jun 16, 2010: ORDERED TO THIRD READING CAL.976
  • Jun 14, 2010: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 25, 2010: REPORTED AND COMMITTED TO CODES
  • May 18, 2010: PRINT NUMBER 4647B
  • May 18, 2010: AMEND AND RECOMMIT TO TRANSPORTATION
  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Jun 2, 2009: REPORTED AND COMMITTED TO CODES
  • May 28, 2009: PRINT NUMBER 4647A
  • May 28, 2009: AMEND AND RECOMMIT TO TRANSPORTATION
  • Apr 27, 2009: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 25, 2010
Ayes (19): Dilan, Stavisky, Savino, Perkins, Addabbo, Squadron, Diaz, Valesky, Aubertine, Foley, Fuschillo, Libous, Johnson O, Nozzolio, Robach, Larkin, Lanza, Young, Volker
VOTE: COMMITTEE VOTE: - Rules - Jun 16, 2010
Ayes (21): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Skelos, Johnson O, Volker, Farley, LaValle, Seward, Hannon, Saland
Ayes W/R (2): Padavan, Larkin

Memo

 BILL NUMBER:  S4647B

TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to enacting the "Ambrose-Searles move over act"

PURPOSE OR GENERAL IDEA OF BILL :

To protect law enforcement and emergency workers by requiring motorists to "move over" or "slow down" when approaching a parked authorized emergency vehicle with emergency lights flashing.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 is the short title, the "Ambrose-Searles Move Over Act."

Section 2 requires the commissioner of motor vehicles to include an explanation of the requirements for overtaking a parked authorized emergency vehicle in the driver's manual given to all learner's permit applicants.

Section 3 requires applicants taking a driver's license test to be questioned on the requirements for overtaking a parked authorized emergency vehicle.

Section 4 describes actions drivers must take prior to and upon overtaking an authorized emergency vehicle parked on a highway when such vehicle's emergency lights are flashing.

JUSTIFICATION :

Thousands of law enforcement and emergency workers risk their lives every day to protect the citizens of New York State. New York must join other states that have enacted similar legislation to protect from harm from passing motorists those police and emergency workers that must stop on roadways in the performance of their duties. This bill would require motorists to "move over" or "slow down" when their vehicle is approaching an authorized emergency vehicle when its emergency lights are flashing when parked on a highway or roadway in New York State.

This legislation honors the memory of two police officers, New York State Trooper Robert Ambrose and Onondaga County Deputy Sheriff Glenn M. Searles, as well as others who have tragically lost their lives on the highways while serving the public.

On December 23, 2002 New York State Trooper Robert Ambrose was fatally injured during a routine traffic stop on the New York State Thruway in Yonkers. Trooper Ambrose's vehicle was rear-ended by an intoxicated driver of a sports utility vehicle at a speed in excess of 80 miles per hour. Upon impact, his patrol car burst into flames. Ambrose was burned alive inside his vehicle.

On November 29, 2003, Onondaga County Deputy Sheriff Glenn M. Searles was assisting a motorist whose vehicle had gone off the highway when a second car lost control and struck Deputy Searles, pinning him against his patrol car. Deputy Searles died from his injuries.

LEGISLATIVE HISTORY :

2003-2004: S.1390 Passed Senate, A.6164 Reported to Codes. 2005-2006: A.2403C Reported to Ways and Means 2007-2008: A.6499 Reported to Codes

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately, except sections 2 and 3 shall take effect September 1, 2010, except that the promulgation of any rules and regulations, and the taking of any other actions necessary to implement the provisions of such sections of this act are authorized and directed to be made on or before the effective date of such sections of this act. Section 4 shall take effect January 1, 2011.

Text

STATE OF NEW YORK ________________________________________________________________________ 4647--B 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sens. STACHOWSKI, DILAN, C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to enacting the "Ambrose-Searles move over act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "Ambrose-Searles move over act". S 2. Subdivision 3 of section 502 of the vehicle and traffic law, as amended by chapter 692 of the laws of 1985, is amended to read as follows: 3. Application for learner's permit. An application for a learner's permit shall be included in the application for a license. A learner's permit shall be issued in such form as the commissioner shall determine but shall not be issued unless the applicant has successfully passed the vision test required by this section and the test set forth in paragraph (a) of subdivision four of this section with respect to laws relating to traffic and ability to read and comprehend traffic signs and symbols and has satisfactorily completed any course required pursuant to paragraph (a) of subdivision four of this section. Upon acceptance of an applica- tion for a learner's permit the commissioner shall provide the applicant with a driver's manual which includes but is not limited to the laws relating to traffic, the laws relating to and physiological effects of driving while ability impaired and driving while intoxicated, THE LAW FOR EXERCISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING AUTHORIZED EMERGENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS CHAPTER, explanations of traffic signs and symbols and such other matters as the commissioner may prescribe. S 3. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502 of the vehicle and traffic law, as amended by chapter 585 of the laws of 2002, is amended to read as follows: (i) Upon submission of an application for a driver's license, the applicant shall be required to take and pass a test, or submit evidence of passage of a test, with respect to the laws relating to traffic, the laws relating to driving while ability is impaired and while intoxicat- ed, under the overpowering influence of "Road Rage", or "Work Zone Safe- ty" awareness as defined by the commissioner, THE LAW RELATING TO EXER- CISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING AUTHORIZED EMERGENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS CHAPTER, the ability to read and comprehend traffic signs and symbols and such other matters as the commissioner may prescribe, and to satisfactorily complete a course prescribed by the commissioner of not less than four hours and not more than five hours, consisting of classroom driver training and highway safety instruction or the equivalent thereof. Such test shall include at least seven writ- ten questions concerning the effects of consumption of alcohol or drugs on the ability of a person to operate a motor vehicle and the legal and financial consequences resulting from violations of section eleven hundred ninety-two of this chapter, prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs. Such test shall include one or more written questions concerning the devastating effects of "Road Rage" on the ability of a person to operate a motor vehicle and the legal and financial consequences resulting from assaulting, threat- ening or interfering with the lawful conduct of another person legally using the roadway. Such test shall include one or more questions concerning the potential dangers to persons and equipment resulting from the unsafe operation of a motor vehicle in a work zone. SUCH TEST MAY INCLUDE ONE OR MORE QUESTIONS CONCERNING THE LAW FOR EXERCISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING AUTHORIZED EMER- GENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS CHAPTER. Such test shall be administered by the commissioner. The commissioner shall cause the applicant to take a vision test and a test for color blindness. Upon passage of the vision test, the application may be accepted and the application fee shall be payable. S 4. The vehicle and traffic law is amended by adding a new section 1144-a to read as follows: S 1144-A. OPERATION OF VEHICLES WHEN APPROACHING A PARKED, STOPPED OR STANDING AUTHORIZED EMERGENCY VEHICLE. EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID COLLIDING WITH AN AUTHORIZED EMERGENCY VEHICLE WHICH IS PARKED, STOPPED OR STANDING ON THE SHOULDER OR ANY PORTION OF SUCH HIGHWAY AND SUCH AUTHORIZED EMERGENCY VEHICLE IS DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS PURSUANT TO THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER. FOR OPERATORS OF MOTOR VEHICLES ON PARKWAYS OR CONTROLLED ACCESS HIGHWAYS, SUCH DUE CARE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOVING FROM A LANE WHICH CONTAINS OR IS IMMEDIATELY ADJACENT TO THE SHOULDER WHERE SUCH AUTHORIZED EMERGENCY VEHICLE DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS PURSUANT TO THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IS PARKED, STOPPED OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT OTHERWISE COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, THE
PROVISIONS OF SECTIONS ELEVEN HUNDRED TEN OF THIS TITLE AND ELEVEN HUNDRED TWENTY-EIGHT OF THIS TITLE. S 5. This act shall take effect immediately, provided that: (a) sections two and three of this act shall take effect September 1, 2010, except that the promulgation of any rules and regulations, and the taking of any other actions necessary to implement the provisions of such sections of this act are authorized and directed to be made on or before the effective date of such sections of this act; and (b) section four of this act shall take effect January 1, 2011.

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