NY State Senate Bill 2017-S8196

Senate Bill S8196

2017-2018 Legislative Session

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2018	referred to transportation

2017-S8196 (ACTIVE) - Details

See Assembly Version of this Bill:: A10825
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1144-a & 510, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1332, A3826
2021-2022: S2270
2023-2024: S187

2017-S8196 (ACTIVE) - Summary

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light; provides for mandatory revocation of a driver's license for a period of six months where a person violates section 1144-a of the vehicle and traffic law and causes serious physical injury or death to another person; directs the division of criminal justice services to 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.

2017-S8196 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8196

SPONSOR: GALLIVAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the operation of vehicles when approaching a parked, stopped
or standing authorized emergency vehicle or hazard vehicle or vehicle
displaying a blue or green light

 
PURPOSE:

This bill increases the penalties for a violation of the move-over law
when a law enforcement officer, first responder, tow truck operator or
other applicable safety personnel are physically injured or killed
because of such violation.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1144-a of the vehicle and traffic
law to establish penalties for a violation of the move-over law that
results in physical or serious physical injury.

Section 2 of the bill requires a person's driving privileges be
suspended upon conviction of a violation of the move-over law that
resulted in serious physical injury or death.

Section 3 requires the Division of Criminal Justice Services to estab-
lish a public information campaign.

Section 4 establishes the effective date.

 
JUSTIFICATION:

Efforts to protect our first responders and other safety personnel from
the dangers associated with providing emergency assistance along high-
ways, including controlled-access highways, prompted the enactment of
the "Ambrose-Searles Move-Over Act" in 2010. The move-over law, as it is
commonly referred to, requires motorists to exercise due care in
approaching a vehicle that has stopped, parked or is standing as identi-
fied by the illumination of said vehicle's flashing emergency lights.
The goal of this important statutory provision, however, which was to
forestall future collisions resulting in injury or death of said person-
nel, unfortunately has failed to achieve its objective.

In order to provide further protection, this legislation requires the
establishment of a public information campaign to educate the driving
public of the seriousness of a violation of the move-over law that
results in injury or death and increases the penalties for such
violations.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8196
 
                             I N  S E N A T E
 
                              April 17, 2018
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
   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

 S. 8196                             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

 S. 8196                             3
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.