S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10192
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Tague) --
   read once and referred to the Committee on Transportation
 
 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   chapter 504 of the laws of 2022, 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 A. 10192                            2
 
 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 or, if such hazard vehicle owned and operated by the state or by
 a county, city, town or village is designed for the removal of  ice  and
 snow  such  hazard vehicle is displaying one or more amber lights or one
 or more green or combination green and  amber  lights  pursuant  to  the
 provisions  of paragraph three or subparagraph (c) of paragraph five, 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  subdivi-
 sion  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  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  or (iii) such hazard vehicle owned and operated by the state or
 by a county, city, town or village  is  displaying  one  or  more  amber
 lights or one or more green or combination green and amber lights pursu-
 ant  to  the  provisions of paragraph three or subparagraph (c) of para-
 graph five, 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
 A. 10192                            3
 
 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
 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.