S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1381
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE, COLTON, CAHILL, GUNTHER,
   LUPARDO, HOOPER, GOTTFRIED, OTIS, JENNE, GALEF, WALKER, PAULIN, SANTA-
   BARBARA, CROUCH -- Multi-Sponsored by -- M. of  A.  BRAUNSTEIN,  COOK,
   ENGLEBRIGHT, GLICK, JEAN-PIERRE, MAGEE, McDONALD, MURRAY, SKARTADOS --
   read once and referred to the Committee on Transportation

 AN ACT to amend the vehicle and traffic law, in relation to requiring an
   operator  of  a  motor vehicle to exercise due care to avoid colliding
   with a vehicle in distress which is parked, stopped,  or  standing  on
   the shoulder of a highway
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 159-b to read as follows:
   §  159-B.  VEHICLE IN DISTRESS. A VEHICLE WHICH IS PARKED, STOPPED, OR
 STANDING ON THE SHOULDER OF A HIGHWAY, INTERSTATE, PARKWAY, OR ROAD THAT
 IS EXPERIENCING AN EMERGENCY CONDITION. A VEHICLE  IN  DISTRESS  MAY  BE
 IDENTIFIED  BY  SEVERAL  FEATURES  INCLUDING BUT NOT LIMITED TO FLASHING
 AMBER HAZARD WARNING LIGHTS, ROAD FLARES,  ORANGE  REFLECTIVE  TRIANGLE,
 WHITE FLAG IN THE WINDOW, OR ABNORMAL SMOKE COMING FROM THE VEHICLE.
   §  2.  Section  1144-a  of  the vehicle and traffic law, as amended by
 chapter 458 of the laws of 2011, subdivision (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 IN
 DISTRESS. (a) Every operator of a motor vehicle shall exercise due  care
 to avoid colliding with an authorized emergency 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04649-01-7

 A. 1381                             2
 
 or combination blue, red and white lights pursuant to the provisions  of
 subparagraph  b  of  paragraph  four of subdivision forty-one of section
 three hundred seventy-five of this chapter. For operators of motor vehi-
 cles  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 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, 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) Every operator of a motor vehicle shall exercise due care to avoid
 colliding  with a hazard vehicle which is parked, stopped or standing 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 seven-
 ty-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) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
 COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
 ING ON THE SHOULDER OF A 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 IMMEDIATELY
 ADJACENT TO THE SHOULDER WHERE SUCH A VEHICLE  IN  DISTRESS  IS  PARKED,
 STOPPED  OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT OTHER-
 WISE 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.
   § 3. 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 blue or green light OR VEHICLE IN DISTRESS. (a) Every  opera-
 tor  of  a motor vehicle shall exercise due care to avoid colliding with
 an authorized emergency vehicle which is parked, stopped or standing  on
 the shoulder or any portion of such highway and such authorized emergen-
 cy  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

 A. 1381                             3
 
 of paragraph four of subdivision  forty-one  of  section  three  hundred
 seventy-five  of  this chapter. For operators of motor vehicles on park-
 ways or controlled access highways, such due care shall include, but not
 be limited to, moving from a lane which contains or is immediately adja-
 cent  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 stand-
 ing 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.
   (b) Every operator of a motor vehicle shall exercise due care to avoid
 colliding with a hazard vehicle which is parked, stopped or standing  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 seven-
 ty-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) 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.
   (D) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
 COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
 ING ON THE SHOULDER OF A 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 IMMEDIATELY
 ADJACENT TO THE SHOULDER WHERE SUCH A VEHICLE  IN  DISTRESS  IS  PARKED,
 STOPPED  OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT OTHER-
 WISE 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.

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   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if chapter 97 of the
 laws of 2016 shall not have taken effect on or  before  such  date  then
 section  three of this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2016 takes effect.