Bill S5507A-2013

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle or volunteer first responder

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or volunteer first responder.

Details

Actions

  • Jun 11, 2013: referred to transportation
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1101
  • May 30, 2013: PRINT NUMBER 5507A
  • May 30, 2013: AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • May 16, 2013: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 4, 2013
Ayes (19): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Martins, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S5507A

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the operation of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle or volunteer first responder

PURPOSE:

To increase the penalties for operating a motor vehicle recklessly when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle and causing serious physical injury or death.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision (a) and of section 1144-a of the vehicle and traffic law to clarify that the move over act applies to authorized emergency vehicles stopped in travel lanes and all public highways.

Adds two new subdivisions (b) and (d) to increase the penalties for individuals who operate a vehicle recklessly and cause serious physical injury or death to a class E or D felony respectively.

Section 2. This act shall take effect on the one hundred eightieth day after it shall have become law.

JUSTIFICATION:

The "move over law" requires drivers approaching stopped police, emergency or hazard vehicles with their lights flashing to slow down and move over at least one lane away from that vehicle if traffic conditions allow. Violators face a fine between $250 and $400 and/or up to 30 days imprisonment, as well as two penalty points on their driver's license. However, the law does not include any enhanced penalties if a driver causes death or serious physical injury as a result of violating the law.

In February of 2011, Nassau County Police Officer Michael Califano was killed while performing a routine traffic stop on the Long Island Expressway when his cruiser was struck from behind by a box truck. Despite the fact that Officer Califano's cruiser was stopped on the shoulder with its lights flashing and the box truck's driver's negligent actions caused Officer Califano's death, the offender received only a conviction for reckless driving, which is an unclassified misdemeanor, because the current "move over law" does not allow for drivers to face enhanced penalties for killing or seriously injuring someone as a result of violating the law.

This legislation would build upon the protections the "move over law" provides our emergency personnel and hazard vehicle operators by increasing the penalties for those who operate a motor vehicle recklessly when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle and causing serious physical injury or death.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5507--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the vehicle and traffic law, in relation to the opera- tion of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle or volunteer first responder THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1144-a of the vehicle and traffic law, as amended by chapter 458 of the laws of 2011, is amended to read as follows: S 1144-a. Operation of vehicles when approaching a parked, stopped or standing authorized emergency [vehicle] or hazard vehicle OR VOLUNTEER FIRST RESPONDER. (a) Every operator of a motor vehicle shall exercise due care to avoid colliding with [an authorized emergency] A DESIGNATED vehicle which is parked, stopped or standing on the shoulder, TRAVEL LANES or any portion of [such] A PUBLIC highway and such [authorized emergency] DESIGNATED vehicle is displaying one or more red or combina- tion red and white, AMBER, BLUE OR GREEN lights pursuant to the provisions of [paragraph] PARAGRAPHS two, THREE, FOUR OR FIVE of subdi- vision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways, PUBLIC HIGHWAYS 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 OR LANE where such [authorized emergency] DESIGNATED vehicle displaying one or more red or combination red and white, AMBER, BLUE OR GREEN lights pursuant to the provisions of paragraph two, THREE, FOUR OR FIVE 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]
A DRIVER REQUIRED TO MOVE FROM A LANE PURSUANT TO THIS SECTION SHOULD, WHEREVER POSSIBLE, COMPLY WITH THE PROVISIONS OF THIS CHAPTER, BUT IN THE EVENT SUCH COMPLIANCE WOULD PREVENT A DRIVER FROM MOVING TO ANOTHER LANE, THE DRIVER MAY DISREGARD ANY PROHIBITIVE LANE MARKINGS OR TRAFFIC CONTROL DEVICES AS AN EMERGENCY MEASURE INTENDED TO PREVENT AN IMMINENT COLLISION. SUCH EMERGENCY MEASURE MAY ONLY BE UTILIZED WHEN THE DRIVER IS ABLE TO MOVE FROM THE DRIVER'S LANE SAFELY. IN THE EVENT THAT CONDITIONS PREVENT A DRIVER FROM MOVING TO ANOTHER LANE SAFELY, THE DRIVER SHALL BE REQUIRED TO REDUCE THE SPEED OF THE DRIVER'S VEHICLE TO A SPEED THAT IS REASONABLE AND PRUDENT UNDER THE CONDITIONS AND HAVING REGARD TO THE ACTUAL AND POTENTIAL HAZARDS THEN EXISTING PURSUANT TO PARAGRAPH (A) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS TITLE. (b) [Every operator of a motor vehicle shall exercise due care to avoid colliding with a hazard vehicle which is parked, stopped or stand- ing on the shoulder or on any portion of such highway and such hazard vehicle is displaying one or more amber lights pursuant to the provisions of paragraph three 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 hazard vehicle displaying one or more amber lights pursuant to the provisions of paragraph three 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 and eleven hundred twenty-eight of this title.] ANY PERSON WHO VIOLATES SUBDIVISION (A) OF THIS SECTION AND WHO ENGAGES IN RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON SHALL BE GUILTY OF A CLASS E FELONY. (C) ANY PERSON WHO VIOLATES SUBDIVISION (A) OF THIS SECTION AND WHO ENGAGES IN RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND CAUSES THE DEATH OF ANOTHER PERSON SHALL BE GUILTY OF A CLASS D FELONY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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