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

                                 5507--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09426-07-3
              

S. 5507--A                          2

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.