Senate Bill S6171

2019-2020 Legislative Session

Relates to the removal of vehicles, cargo or debris from the highway

download bill text pdf

Sponsored By

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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Votes

2019-S6171 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §600, V & T L; amd §15, Hway L

2019-S6171 (ACTIVE) - Summary

Relates to the removal of vehicles, cargo or debris from the highway.

2019-S6171 (ACTIVE) - Sponsor Memo

2019-S6171 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6171
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced by Sen. KENNEDY -- (at request of the Department of Transpor-
   tation)  --  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  and  the  highway  law,  in
   relation to the removal of vehicles and cargo from the highway

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 600 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON  OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
 INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A  LOCATION
 OFF  THE  ROADWAY  BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
 OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC,  SHALL  NOT
 BE  CONSTRUED  TO  BE  IN  VIOLATION  OF SUBDIVISION ONE OF THIS SECTION
 BECAUSE OF SUCH MOVEMENT.
   § 2. Subdivision 2 of section 15 of the highway  law,  as  amended  by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2.  The  commissioner  [of transportation] OR A POLICE OFFICER, OR ANY
 PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE  OFFICER,
 shall  have  the power to cause the immediate removal, from the right of
 way of any state  highway,  of  any  vehicle,  CARGO,  OR  DEBRIS  which
 obstructs  or interferes with the use of such a highway for public trav-
 el; or which obstructs  or  interferes  with  the  construction,  recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres  with  the clearing or removal of snow or ice from such a highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency.  THE COMMISSIONER OR A  POLICE
 OFFICER,  OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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