S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10825
 
                           I N  A S S E M B L Y
 
                               May 21, 2018
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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
   authorized emergency vehicle or hazard vehicle or vehicle 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. Section 1144-a of the vehicle and traffic law,  as  amended
 by  chapter  458 of the laws of 2011, the section heading as amended and
 subdivision (c) as added by chapter 97 of the laws of 2016, and subdivi-
 sion (a) as amended by chapter 248 of the laws of 2013,  is  amended  to
 read as follows:
   §  1144-a. Operation of vehicles when approaching a parked, stopped or
 standing authorized emergency  vehicle  or  hazard  vehicle  or  vehicle
 displaying a blue or green light. (a) 1. Every operator of a motor vehi-
 cle  shall exercise due care to avoid colliding with an authorized emer-
 gency 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 or is displaying one or  more
 blue, combination blue and red or combination blue, red and white lights
 pursuant to the provisions of subparagraph b of paragraph four of subdi-
 vision  forty-one of section three hundred seventy-five of this chapter.
 For operators of motor vehicles on parkways or controlled  access  high-
 ways,  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, blue or
 white or any combination of red and white lights or blue or  combination
 blue  and  red or combination blue, red and white lights pursuant to the
 provisions of paragraph two or subparagraph  b  of  paragraph  four,  as
 applicable  of  subdivision  forty-one of section three hundred seventy-
 five of this chapter is parked, stopped or  standing  to  another  lane,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15100-05-8

 A. 10825                            2
 
 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.
   [(b)]  2. 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.
   [(c)]  3. 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.
   (B)  1.   AN OPERATOR OF A MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS
 DEFINED UNDER ARTICLE TEN OF THE PENAL LAW AS  A  RESULT  OF  RECKLESSLY
 FAILING  TO  EXERCISE  DUE  CARE IN VIOLATION OF SUBDIVISION (A) OF THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF
 NOT LESS THAN TWO HUNDRED FIFTY  DOLLARS  NOR  MORE  THAN  FIVE  HUNDRED
 DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. A CONVICTION
 FOR  A  SECOND  OR ANY SUBSEQUENT VIOLATION, ANY OF WHICH WERE COMMITTED
 WITHIN A PERIOD OF EIGHTEEN MONTHS, SHALL CONSTITUTE A CLASS  E  FELONY,
 PUNISHABLE  BY  A  FINE  OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWO
 THOUSAND FIVE  HUNDRED  DOLLARS  IN  ADDITION  TO  ANY  OTHER  PENALTIES
 PROVIDED BY LAW.
   2.  AN  OPERATOR  OF  A  MOTOR VEHICLE (I) WHO CAUSES SERIOUS PHYSICAL
 INJURY AS DEFINED UNDER ARTICLE TEN OF THE PENAL  LAW  AS  A  RESULT  OF
 RECKLESSLY  FAILING TO EXERCISE DUE CARE IN VIOLATION OF SUBDIVISION (A)
 OF THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY PUNISHABLE BY A FINE
 OF NOT LESS THAN ONE  THOUSAND  DOLLARS  NOR  MORE  THAN  FIVE  THOUSAND
 DOLLARS  IN  ADDITION  TO ANY OTHER PENALTY PROVIDED BY LAW, OR (II) WHO
 CAUSES DEATH AS A RESULT OF RECKLESSLY FAILING TO EXERCISE DUE  CARE  IN
 VIOLATION  OF SUBDIVISION (A) OF THIS SECTION SHALL BE GUILTY OF A CLASS
 C FELONY PUNISHABLE BY A FINE OF NOT LESS THAN  TWO  THOUSAND  NOR  MORE
 THAN  FIVE  THOUSAND DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED

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 BY LAW, AND BY SUSPENSION OF  A  LICENSE  OR  REGISTRATION  PURSUANT  TO
 SUBPARAGRAPH  (XVIII)  OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION FIVE
 HUNDRED TEN OF THIS CHAPTER.
   (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "RECKLESSLY" SHALL HAVE
 THE SAME MEANING AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding a new subparagraph (xviii) to  read  as
 follows:
   (XVIII)  FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED
 FORTY-FOUR-A OF THIS CHAPTER AND THE COMMISSION OF SUCH VIOLATION CAUSED
 SERIOUS PHYSICAL INJURY TO OR DEATH OF ANOTHER PERSON.
   §  3.  The  division  of  criminal  justice services shall establish a
 public information campaign to instruct  the  public  that  operating  a
 motor  vehicle when approaching a parked, stopped or standing authorized
 emergency vehicle or hazard vehicle or  vehicle  displaying  a  blue  or
 green  light that results in physical injury, serious physical injury or
 death as a result of the operator recklessly  failing  to  exercise  due
 care to avoid a collision can result in serious criminal penalties.
   § 4. This act shall take effect immediately.