NY State Senate Bill 2021-S2270

Senate Bill S2270

2021-2022 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

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 20, 2021	referred to transportation

co-Sponsors

2021-S2270 (ACTIVE) - Details

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:: 2017-2018: S8196
2019-2020: S1332
2023-2024: S187

2021-S2270 (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.

2021-S2270 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2270

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the opera-
tion of vehicles when approaching a parked, stopped or standing author-
ized 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:

2019-20: S.1332/A.3826 Referred to Education

2017-18: S.8196/A.10825 Referred to Transportation

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2270 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2270
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sens. GALLIVAN, AKSHAR, COMRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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,  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04108-01-1

 S. 2270                             2
 
 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,
 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  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 para-
 graph three or subparagraph 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  paragraph  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 vehi-
 cles displaying one or more amber lights or one or more blue or combina-
 tion 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)]  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

 S. 2270                             3
 
 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
 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.

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Senate Bill S2270

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Sponsored By

Patrick M. Gallivan