S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8258
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05090-01-1
 S. 8258                             2
 
 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
 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-
 S. 8258                             3
 
 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.