S T A T E O F N E W Y O R K
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5129--A
Cal. No. 729
2023-2024 Regular Sessions
I N S E N A T E
February 23, 2023
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Introduced by Sens. WEBB, KENNEDY -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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 motor vehicle which is parked, stopped, or standing on the
shoulder of a parkway or a controlled-access highway
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 OR CERTAIN OTHER MOTOR VEHICLES. (a)
Every operator 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 emergency vehicle is displaying one or more red or combina-
tion 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 seventy-five of this chapter. For operators of motor vehi-
cles on parkways or controlled access highways, such due care shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03232-05-3
S. 5129--A 2
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-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) 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 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 combina-
tion green and amber lights pursuant to the provisions of paragraph
three or subparagraph (c) of paragraph five, as applicable, of subdivi-
sion 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 (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 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 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 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, 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-
S. 5129--A 3
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 ON A PARKWAY AND ON A CONT-
ROLLED-ACCESS HIGHWAY SHALL EXERCISE DUE CARE TO AVOID COLLIDING WITH A
MOTOR VEHICLE WHICH IS PARKED, STOPPED OR STANDING ON THE SHOULDER OR
ANY PORTION OF SUCH PARKWAY OR CONTROLLED-ACCESS HIGHWAY. FOR THE
PURPOSES OF THIS SUBDIVISION, 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 MOTOR VEHICLE 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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
