Assembly Bill A8933A

Signed By Governor
2021-2022 Legislative Session

Limits the liability of operators and owners of first-response emergency service vehicles for monetary penalties for certain traffic violations committed while responding to a medical emergency

download bill text pdf

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Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2021-A8933 - Details

See Senate Version of this Bill:
S8031
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §240, V & T L

2021-A8933 - Summary

Limits the liability of operators and owners of first-response emergency vehicles for monetary penalties for certain traffic violations committed while responding to a medical emergency in a city with a population of one million or more persons.

2021-A8933 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8933
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to limiting the
   liability of operators and owners of first-response emergency vehicles
   for monetary penalties for certain traffic infractions committed while
   responding to a medical emergency in a city with a population  of  one
   million or more persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 227 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  (A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AT EVERY
 HEARING FOR THE ADJUDICATION OF A TRAFFIC  INFRACTION,  AS  PROVIDED  BY
 THIS  ARTICLE, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE OPERATOR
 OR OWNER OF A FIRST-RESPONSE EMERGENCY VEHICLE INVOLVED IN  THE  COMMIS-
 SION  OF  A  TRAFFIC INFRACTION FOR EXCEEDING THE SPEED LIMIT, RUNNING A
 RED LIGHT OR DRIVING IN A BUS LANE IS NOT LIABLE FOR A MONETARY  PENALTY
 FOR  THE  COMMISSION OF SUCH INFRACTION IF SUCH OPERATOR OR OWNER OF THE
 FIRST-RESPONSE EMERGENCY VEHICLE PROVIDES THE HEARING OFFICER WITH:
   (I) A SIGNED AND AFFIRMED AFFIDAVIT ATTESTING THAT THE OPERATOR OF THE
 VEHICLE AT THE TIME OF  THE  INFRACTION  IS  A  MEDICALLY-TRAINED  FIRST
 RESPONDER AND THAT THE TRAFFIC INFRACTION OCCURRED DURING THE USE OF THE
 FIRST-RESPONSE EMERGENCY VEHICLE TO RESPOND TO A MEDICAL EMERGENCY CALL;
 AND
   (II)  DOCUMENTATION  SUPPORTING  THE DISPATCH OF THE MEDICAL EMERGENCY
 CALL AND THE DISPATCH OF THE OPERATOR AND VEHICLE TO THE  SCENE  OF  THE
 MEDICAL EMERGENCY. IF AN OWNER OR OPERATOR OF A FIRST-RESPONSE EMERGENCY
 VEHICLE IS STOPPED BY AN OFFICER WHILE RESPONDING TO A MEDICAL EMERGENCY
 CALL, SUCH OWNER OR OPERATOR SHOULD NOT BE LIABLE FOR A MONETARY PENALTY
 AND  POINTS  ON THEIR LICENSE FOR AN INFRACTION THAT OCCURRED DURING THE
 USE OF THE FIRST-RESPONSE EMERGENCY VEHICLE  TO  RESPOND  TO  A  MEDICAL
 EMERGENCY CALL.
   (B)  AS  USED  IN THIS SUBDIVISION, "FIRST-RESPONSE EMERGENCY VEHICLE"
 INCLUDES AMBULANCES AS DEFINED IN SECTION ONE HUNDRED-B OF THIS  CHAPTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-A8933A (ACTIVE) - Details

See Senate Version of this Bill:
S8031
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §240, V & T L

2021-A8933A (ACTIVE) - Summary

Limits the liability of operators and owners of first-response emergency vehicles for monetary penalties for certain traffic violations committed while responding to a medical emergency in a city with a population of one million or more persons.

2021-A8933A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8933--A
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to limiting the
   liability of operators and owners of first-response emergency vehicles
   for  monetary penalties for certain traffic violations committed while
   responding to a medical emergency in a city with a population  of  one
   million or more persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 1-b to read as follows:
   1-B.  (A)  IN  A  CITY  HAVING A POPULATION OF ONE MILLION OR MORE, AT
 EVERY HEARING FOR THE ADJUDICATION OF A NOTICE OF LIABILITY, AS PROVIDED
 BY THIS ARTICLE, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE  OWNER
 OF A FIRST-RESPONSE EMERGENCY VEHICLE ALLEGED TO BE LIABLE IN ACCORDANCE
 WITH  ANY  PROVISIONS  OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF
 MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN  OPERATOR
 THEREOF:  TO  COMPLY  WITH  TRAFFIC-CONTROL  INDICATIONS IN VIOLATION OF
 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH
 THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLA-
 TION-MONITORING  SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS
 CHAPTER; OR TO COMPLY  WITH  CERTAIN  POSTED  MAXIMUM  SPEED  LIMITS  IN
 VIOLATION  OF  SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF
 PHOTO SPEED VIOLATION MONITORING SYSTEMS,  IN  ACCORDANCE  WITH  ARTICLE
 THIRTY  OF  THIS  CHAPTER;  OR  TO  COMPLY WITH BUS LANE RESTRICTIONS AS
 DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE  INSTALLATION
 AND  OPERATION  OF  BUS  LANE  PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
 TWENTY-FOUR OF THIS CHAPTER IS NOT LIABLE FOR SUCH ALLEGED VIOLATION  IF
 SUCH  OWNER OF THE FIRST-RESPONSE EMERGENCY VEHICLE PROVIDES THE HEARING
 OFFICER WITH:
   (I) A SIGNED AND AFFIRMED AFFIDAVIT ATTESTING THAT THE OPERATOR OF THE
 FIRST-RESPONSE EMERGENCY VEHICLE AT THE TIME OF THE ALLEGED VIOLATION IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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