NY State Senate Bill 2017-S355

Senate Bill S355

2017-2018 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 Transportation 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation returned to senate died in assembly
May 09, 2017	referred to transportation delivered to assembly passed senate
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.690
Jan 04, 2017	referred to transportation

Votes

- May 9, 2017 - Floor Vote
  S355
  
  58
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2017
      
      aye (58)
      
      Addabbo Jr.
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (4)
      
      Akshar
      
      Croci
      
      Murphy
      
      Ranzenhofer
  May 2, 2017 - Transportation Committee Vote
  S355
  
  15
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 2, 2017
      
      aye (15)
      
      Avella
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Kaminsky
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Peralta
      
      Ritchie
      
      Robach
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (2)
      
      Croci
      
      Ranzenhofer
      
      aye wr (2)
      
      Griffo
      
      Squadron

co-Sponsors

2017-S355 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1110, 1111, 1113, 1116 & 1144, add §1111-f, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7948
2015-2016: S1303
2019-2020: S4834
2021-2022: S3685
2023-2024: S1377

2017-S355 (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.

2017-S355 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S355

 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 unclear 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 commonsense 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's right.

 LEGISLATIVE HISTORY :

2015-2016 - S1303A
2013-2014: S.7948

 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.

2017-S355 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    355
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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  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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00062-01-7

 S. 355                              2
 
 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
 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.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 1111-f to read as follows:
   §  1111-F.  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.
   §  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.
   §  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. 355                              3
 
   §  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:
   (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.
   § 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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Senate Bill S355

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Sponsored By

Jose Peralta