BILL NUMBER: S4649

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to increasing
fines for failure to yield when approaching authorized emergency vehi-
cles

 
PURPOSE:

This legislation will increase monetary penalties for drivers convicted
of speeding in a work zone and failing to move over when legally
required

 
SUMMARY OF PROVISIONS:

Section one amends section 1800 of the vehicle and traffic law to
increase penalties for failing to move over when legally required as
follows:

*For a first conviction, a fine of not more than $425. The current fine
              

is not more than $275.

*For a second conviction in an 18-month period, a fine of not more than
$675. The current fine is not more than $450.

*For a third conviction in an 18-month period, a fine of not more than
$1,125. The current fine is not more than $750.

 
JUSTIFICATION:

This legislation is critical to better protect both highway workers.
and motorists. Construction and maintenance workers face significant
risks while working on roadways, and these dangers are exacerbated by
driver negligence. According to the Federal Highway Administration, an
average of 132 workers are killed each year in work zone crashes, with
thousands more suffering injuries. In 2020 alone, nearly 850 fatalities
occurred in work zone crashes across the United States, with speeding
and failure to yield being among the leading contributing factors.

Failing to move over when approaching a stopped emergency or maintenance
vehicle is a widespread issue, contributing to a concerning number of
incidents where workers are struck by passing vehicles. In New York, a
significant number of work zone crashes are caused by drivers neglecting
the state's "Move Over" law, which mandates that drivers slow down and
move over when approaching stationary emergency or maintenance vehicles
with flashing lights.

The last time fines for failing to move over were increased in New York
was in the early 2000s. Since then, traffic volumes, roadwork demands,
size and weight of vehicles, and the risks to workers have increased
significantly. However, the penalties for these offenses have not kept
pace with the growing dangers. A 2021 survey showed that nearly 40% of
drivers fail to move over when approaching an emergency vehicle, further
underscoring the need for stronger penalties to deter dangerous driving
behavior. By increasing these penalties, New York can send a strong
message that such reckless driving will no longer be tolerated. Enhanced
penalties will serve as a deterrent, encouraging drivers to follow speed
limits and move over for roadside workers, thereby reducing the number
of accidents and fatalities.

 
LEGISLATIVE HISTORY:

2025: A 4016

 
FISCAL IMPLICATIONS:

None to New York State.

 
EFFECTIVE DATE:
January 1, 2026