S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1100
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI, COLTON, CAHILL, GUNTHER, LUPARDO,
   GOTTFRIED, OTIS, GALEF, PAULIN, SANTABARBARA -- Multi-Sponsored by  --
   M.  of  A.   BRAUNSTEIN, COOK, ENGLEBRIGHT, GLICK, JEAN-PIERRE -- 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, the section heading as amended and
 subdivision (c) as added by chapter 97 of the laws of 2016,  subdivision
 (a)  as  amended by chapter 248 of the laws of 2013, and subdivision (b)
 as amended by section 3 of part C of chapter 58 of the laws of 2020,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05090-01-1

 A. 1100                             2
 
 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 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 or, if such hazard vehicle is designed  for  the
 towing or pushing of disabled vehicles such hazard vehicle is displaying
 one  or  more  amber  lights or one or more blue or combination blue and
 amber lights pursuant to the provisions of paragraph three  or  subpara-
 graph  b-1 of paragraph four, as applicable, 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 (i) such hazard vehicle
 displaying  one or more amber lights pursuant to the provisions of para-
 graph three of subdivision forty-one of section three  hundred  seventy-
 five of this chapter or (ii) such hazard vehicle designed for the towing
 or  pushing  of disabled vehicles displaying one or more amber lights or
 one or more blue or combination blue and amber lights  pursuant  to  the
 provisions  of paragraph three or subparagraph b-1 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 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

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 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.