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

                                  7938

                            I N  S E N A T E

                              May 26, 2016
                               ___________

Introduced  by  Sen. VALESKY -- 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  the  opera-
  tion  of vehicles when approaching a parked, stopped or standing vehi-
  cle displaying a blue or green light

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

  Section  1.  Subdivision  3  of section 502 of the vehicle and traffic
law, as amended by chapter 458 of the laws of 2011, 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 or hazard]  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 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 458 of the laws of
2011, 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-
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01976-06-6

S. 7938                             2

cising  due  care  to avoid colliding with a parked, stopped or standing
authorized emergency vehicle or hazard vehicle pursuant to section elev-
en hundred forty-four-a of this chapter, the ability to read and compre-
hend traffic signs and symbols and such other matters as the commission-
er  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 written 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 assault-
ing, threatening 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 exer-
cising due care to avoid colliding with a parked,  stopped  or  standing
[authorized  emergency  vehicle  or  hazard] vehicle pursuant to section
eleven hundred forty-four-a of this chapter. Such test shall be adminis-
tered 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 3. The section heading of 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:
  Operation of vehicles when approaching a parked, stopped  or  standing
authorized  emergency  vehicle or hazard vehicle OR VEHICLE DISPLAYING A
BLUE OR GREEN LIGHT.
  S 4. Section 1144-a of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision (c) to read as follows:
  (C) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
COLLIDING  WITH  A  VEHICLE  DISPLAYING  A  BLUE  LIGHT  PURSUANT TO THE
PROVISIONS OF PARAGRAPH FOUR OR A GREEN LIGHT PURSUANT TO THE PROVISIONS
OF PARAGRAPH FIVE OF SUBDIVISION  FORTY-ONE  OF  SECTION  THREE  HUNDRED
SEVENTY-FIVE OF THIS CHAPTER WHICH IS PARKED, STOPPED OR STANDING ON THE
SHOULDER OR ANY PORTION OF SUCH HIGHWAY. 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  IMME-
DIATELY  ADJACENT  TO  THE SHOULDER WHERE SUCH VEHICLE DISPLAYING A BLUE
LIGHT PURSUANT TO THE PROVISIONS OF PARAGRAPH  FOUR  OR  A  GREEN  LIGHT
PURSUANT TO THE PROVISIONS OF PARAGRAPH 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  AND  ELEVEN  HUNDRED
TWENTY-EIGHT OF THIS TITLE.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.