NY State Senate Bill 2013-S7948

Senate Bill S7948

2013-2014 Legislative Session

Authorizes drivers to disobey a traffic-control device or signal, after exercising reasonable care, in order to yield the right of way to an authorized emergency vehicle

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 17, 2014	referred to rules

2013-S7948 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1110, 1111, 1113, 1116 & 1144, add §1111-e, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1303
2017-2018: S355
2019-2020: S4834
2021-2022: S3685
2023-2024: S1377

2013-S7948 (ACTIVE) - Summary

Authorizes drivers to disobey a traffic-control device or signal, after exercising reasonable care, in order to yield the right of way to an authorized emergency vehicle.

2013-S7948 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7948

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to authorizing an operator of a motor vehicle to disobey a
traffic-control device or signal in the course of yielding the right
of way to an authorized emergency vehicle

PURPOSE:

To explicitly codify that the driver of a motor vehicle may, after
exercising due care, move through a red light in order to let an
authorized emergency vehicle pass and to make provisions for the
simple appeal of red light camera tickets incurred under such
circumstances.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision a of section 1110 of the vehicle and
traffic law to allow drivers to disobey official traffic control
devices in order to give right of way to emergency vehicles.

Section 2 amends paragraphs 1 and 3 of subdivision d of section 1111
of the vehicle and traffic law to allow drivers to disobey circular
red lights and red arrows in order to give right of way to emergency
vehicles.

Section 3 requires municipalities to review red light camera tickets
to determine whether a driver passed through a red light to give right
of way to an emergency vehicle and to provide a simplified mechanism
for individuals to appeal red light tickets on these grounds.

Section 4 amends subdivision a of section 1113 of the vehicle and
traffic law to allow drivers to disobey flashing red light indications
in order to give right of way to emergency vehicles.

Section 5 amends section 1116 of the vehicle and traffic law to allow
drivers to disobey lane use control signal indications in order to
give right of way to emergency vehicles.

Section 6 outlines the circumstances under which a driver may disobey
a traffic signal in order to give right of way to emergency vehicles.

Section 7 establishes the effective date.

JUSTIFICATION:

New York law clearly states that, after exercising due care, a driver
must make all efforts to provide emergency vehicles with an unimpeded
right of way when the emergency vehicle has its lights flashing. This
is perfectly logical public safety measure and it's something that's
understood by all drivers. However, there is a common permutation of
this rule that is not explicitly accounted for by the law: what to do
when you are stopped at a red light and an ambulance is urgently
trying to get through The answer for most drivers is obvious, if you
are unable to otherwise move out of the way, you check to ensure that
you can safely move through the intersection, and let the ambulance
pass. However, not only is it not clear that drivers are permitted to


do the obvious, but they may even be hit with a red light camera
ticket for doing the right thing.  The Yonkers Parking Violation
Bureau takes a common sense interpretation of the law, stating on its
website that: "You must move your vehicle out of the way for emergency
vehicles as per NYS law. If you do and there is a red light camera at
the intersection, you will NOT receive a violation if you had to move
through the red light to get out of the way of an emergency vehicle."
However, there is actually nothing in the law that explicitly supports
this conclusion, so drivers in other municipalities are faced with the
cost and inconvenience of contesting violations for doing exactly what
they should do under the circumstances. This legislation fixes this
oversight, by making it explicit that a driver may disobey a traffic
signal when he or she can do so safely when an emergency vehicle with
its flashing lights activated needs to get through. At least five
states-Delaware, Illinois, Tennessee, Florida, and Maryland-already
have laws on the books making yielding to emergency vehicles a
statutory defense to red light camera tickets.  This bill will also
require municipalities to give drivers an easy way to appeal red light
tickets issued under these circumstances, so that people won't be
unnecessarily burdened for doing what is right.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

2013-S7948 (ACTIVE) - Bill Text download pdf

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

                                  7948

                            I N  S E N A T E

                            October 17, 2014
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  an  operator of a motor vehicle to disobey a traffic-control device or
  signal in the course of yielding the right of  way  to  an  authorized
  emergency vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 1110 of the vehicle and  traffic
law,  as  amended by chapter 259 of the laws of 1964, is amended to read
as follows:
  (a) Every person shall obey the instructions of any official  traffic-
control  device  applicable  to him OR HER placed in accordance with the
provisions of this chapter, unless otherwise directed by  a  traffic  or
police officer, OR UNLESS OTHERWISE AUTHORIZED BY SECTION ELEVEN HUNDRED
FORTY-FOUR  OF  THIS TITLE, subject to the exceptions granted the driver
of an authorized emergency vehicle in this title.
  S 2. Paragraphs 1 and 3 of subdivision (d)  of  section  1111  of  the
vehicle  and  traffic  law, paragraph 1 as amended by chapter 760 of the
laws of 1974 and paragraph 3 as amended by chapter 356 of  the  laws  of
1971  and  as renumbered by chapter 760 of the laws of 1974, are amended
to read as follows:
  1. Traffic, except pedestrians, facing a steady circular  red  signal,
unless  to make such other movement as is permitted by other indications
shown at the same time, shall stop at a clearly marked stop line, but if
none, then shall stop before entering the crosswalk on the near side  of
the  intersection,  or  in the event there is no crosswalk, at the point
nearest the intersecting roadway where the driver  has  a  view  of  the
approaching  traffic  on  the  intersecting  roadway before entering the
intersection and shall remain standing until an indication to proceed is
shown except as provided in paragraph two  of  this  subdivision  OR  AS
AUTHORIZED BY SECTION ELEVEN HUNDRED FORTY-FOUR OF THIS TITLE.
  3.  Traffic,  except pedestrians, facing a steady red arrow signal may
not enter the intersection to make the movement indicated by such  arrow

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

                                                           LBD15833-01-4

S. 7948                             2

and,  unless entering the intersection to make such other movement as is
permitted by other indications shown at the same time, shall stop  at  a
clearly  marked  stop line, but if none, then shall stop before entering
the  crosswalk  on  the  near  side of the intersection, or in the event
there is no crosswalk at the  point  nearest  the  intersecting  roadway
where the driver has a view of the approaching traffic on the intersect-
ing  roadway  before entering the intersection and shall remain standing
until an indication to proceed is shown EXCEPT AS AUTHORIZED BY  SECTION
ELEVEN HUNDRED FORTY-FOUR OF THIS TITLE.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1111-e to read as follows:
  S 1111-E. REVIEW OF TRAFFIC-CONTROL VIOLATION; YIELDING RIGHT  OF  WAY
TO  AN  AUTHORIZED  EMERGENCY  VEHICLE.  (A) EVERY MUNICIPALITY WHICH IS
AUTHORIZED TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION
MONITORING DEVICES PURSUANT TO THIS ARTICLE, SHALL ESTABLISH AND  IMPLE-
MENT  A  PROGRAM  AND  METHODOLOGY  WHICH PROVIDES FOR THE REVIEW OF THE
PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED   IMAGES
PRODUCED  BY  ITS  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION  MONITORING
DEVICES TO DETERMINE WHETHER ANY  OWNER  CHARGED  WITH  A  VIOLATION  OF
SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, DISO-
BEYED THE TRAFFIC-CONTROL SIGNAL AS AUTHORIZED BY SECTION ELEVEN HUNDRED
FORTY-FOUR OF THIS TITLE; IN WHICH CASE, ANY  NOTICE  OF  LIABILITY  FOR
SUCH VIOLATION SHALL BE VOID.
  (B)  EVERY  SUCH  MUNICIPALITY  SHALL  INCLUDE SPACE ON EACH NOTICE OF
LIABILITY IT ISSUES, IN WHICH AN OWNER MAY  INDICATE  THAT  THE  ALLEGED
VIOLATION  WAS  AUTHORIZED  IN  ORDER  TO  YIELD  THE RIGHT OF WAY TO AN
AUTHORIZED EMERGENCY VEHICLE IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED
FORTY-FOUR  OF  THIS  TITLE. IN EACH INSTANCE IN WHICH AN OWNER SO INDI-
CATES, THE MUNICIPALITY SHALL CAUSE A REVIEW TO BE CONDUCTED PURSUANT TO
SUBDIVISION (A) OF THIS SECTION.
  S 4. Subdivision (a) of section 1113 of the vehicle and  traffic  law,
as  amended  by  chapter  722 of the laws of 2006, is amended to read as
follows:
  (a) Flashing red indications. Unless to make another movement  permit-
ted  by  other  indications  shown  at the same time OR AS AUTHORIZED BY
SECTION ELEVEN HUNDRED  FORTY-FOUR  OF  THIS  TITLE,  vehicular  traffic
facing a circular red signal or red arrow with rapid intermittent flash-
es  shall  stop  at  a clearly marked stop line, but if none, then shall
stop before entering the crosswalk on the near side of the intersection,
or in the event there is no crosswalk, at the point nearest  the  inter-
secting  roadway  where  the driver has a view of approaching traffic on
the intersecting roadway before entering the intersection and the  right
to  proceed shall be subject to the rules applicable after making a stop
at a stop sign.
  S 5. The opening paragraph of section 1116 of the vehicle and  traffic
law,  as  amended by chapter 228 of the laws of 2012, is amended to read
as follows:
  Whenever traffic is controlled by lane-use control signal  indications
located  over  the individual lanes of a highway, only the colors green,
yellow, white and red shall be used, and said signals shall,  EXCEPT  AS
OTHERWISE  REQUIRED  BY SECTION ELEVEN HUNDRED FORTY-FOUR OF THIS TITLE,
indicate and apply as follows:
  S 6. Subdivision (a) of section 1144 of the vehicle and  traffic  law,
as  amended  by  chapter  606 of the laws of 1994, is amended to read as
follows:

S. 7948                             3

  (a) Upon the immediate approach of  an  authorized  emergency  vehicle
equipped  with  at  least  one lighted lamp exhibiting red light visible
under normal atmospheric conditions from a distance of five hundred feet
to the front of such vehicle other than a police vehicle or bicycle when
operated  as  an  authorized emergency vehicle, and when audible signals
are sounded from any said vehicle by siren, exhaust whistle, bell,  air-
horn  or  electronic equivalent; the driver of every other vehicle shall
yield the right of way and shall immediately drive to a position  paral-
lel  to,  and as close as possible to the right-hand edge or curb of the
roadway, or to either edge of a one-way roadway three or more  lanes  in
width,  clear  of  any  intersection,  and shall stop and remain in such
position until the  authorized  emergency  vehicle  has  passed,  unless
otherwise  directed  by  a  police  officer.  A DRIVER, AFTER EXERCISING
REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY, MAY DISOBEY ANY OFFI-
CIAL TRAFFIC-CONTROL DEVICE OR TRAFFIC-CONTROL SIGNAL, WHEN SUCH DISOBE-
DIENCE IS NECESSARY TO YIELD THE RIGHT OF WAY TO AN AUTHORIZED EMERGENCY
VEHICLE.
  S 7. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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