STATE OF NEW YORK ________________________________________________________________________ 10192 IN ASSEMBLY 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: 1 Section 1. Section 1144-a of the vehicle and traffic law, as amended 2 by chapter 458 of the laws of 2011, the section heading as amended and 3 subdivision (c) as added by chapter 97 of the laws of 2016, subdivision 4 (a) as amended by chapter 248 of the laws of 2013, and subdivision (b) 5 as amended by chapter 504 of the laws of 2022, is amended to read as 6 follows: 7 § 1144-a. Operation of vehicles when approaching a parked, stopped or 8 standing authorized emergency vehicle or hazard vehicle or vehicle 9 displaying a blue or green light. (a) 1. Every operator of a motor vehi- 10 cle shall exercise due care to avoid colliding with an authorized emer- 11 gency vehicle which is parked, stopped or standing on the shoulder or 12 any portion of such highway and such authorized emergency vehicle is 13 displaying one or more red or combination red and white lights pursuant 14 to the provisions of paragraph two of subdivision forty-one of section 15 three hundred seventy-five of this chapter or is displaying one or more 16 blue, combination blue and red or combination blue, red and white lights 17 pursuant to the provisions of subparagraph b of paragraph four of subdi- 18 vision forty-one of section three hundred seventy-five of this chapter. 19 For operators of motor vehicles on parkways or controlled access high- 20 ways, such due care shall include, but not be limited to, moving from a 21 lane which contains or is immediately adjacent to the shoulder where 22 such authorized emergency vehicle displaying one or more red, blue or 23 white or any combination of red and white lights or blue or combination 24 blue and red or combination blue, red and white lights pursuant to the 25 provisions of paragraph two or subparagraph b of paragraph four, as 26 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. LBD00201-01-3
A. 10192 2 1 five of this chapter is parked, stopped or standing to another lane, 2 provided that such movement otherwise complies with the requirements of 3 this chapter including, but not limited to, the provisions of sections 4 eleven hundred ten [of this title] and eleven hundred twenty-eight of 5 this title. 6 [(b)] 2. Every operator of a motor vehicle shall exercise due care to 7 avoid colliding with a hazard vehicle which is parked, stopped or stand- 8 ing on the shoulder or on any portion of such highway and such hazard 9 vehicle is displaying one or more amber lights pursuant to the 10 provisions of paragraph three of subdivision forty-one of section three 11 hundred seventy-five of this chapter or, if such hazard vehicle is 12 designed for the towing or pushing of disabled vehicles such hazard 13 vehicle is displaying one or more amber lights or one or more blue or 14 combination blue and amber lights pursuant to the provisions of para- 15 graph three or subparagraph b-1 of paragraph four, as applicable, of 16 subdivision forty-one of section three hundred seventy-five of this 17 chapter or, if such hazard vehicle owned and operated by the state or by 18 a county, city, town or village is designed for the removal of ice and 19 snow such hazard vehicle is displaying one or more amber lights or one 20 or more green or combination green and amber lights pursuant to the 21 provisions of paragraph three or subparagraph (c) of paragraph five, as 22 applicable, of subdivision forty-one of section three hundred seventy- 23 five of this chapter. For operators of motor vehicles on parkways or 24 controlled access highways, such due care shall include, but not be 25 limited to, moving from a lane which contains or is immediately adjacent 26 to the shoulder where (i) such hazard vehicle displaying one or more 27 amber lights pursuant to the provisions of paragraph three of subdivi- 28 sion forty-one of section three hundred seventy-five of this chapter or 29 (ii) such hazard vehicle designed for the towing or pushing of disabled 30 vehicles displaying one or more amber lights or one or more blue or 31 combination blue and amber lights pursuant to the provisions of para- 32 graph three or subparagraph b-1 of paragraph four, as applicable, of 33 subdivision forty-one of section three hundred seventy-five of this 34 chapter or (iii) such hazard vehicle owned and operated by the state or 35 by a county, city, town or village is displaying one or more amber 36 lights or one or more green or combination green and amber lights pursu- 37 ant to the provisions of paragraph three or subparagraph (c) of para- 38 graph five, as applicable, of subdivision forty-one of section three 39 hundred seventy-five of this chapter, is parked, stopped or standing to 40 another lane, provided that such movement otherwise complies with the 41 requirements of this chapter including, but not limited to, the 42 provisions of sections eleven hundred ten and eleven hundred twenty- 43 eight of this title. 44 [(c)] 3. Every operator of a motor vehicle shall exercise due care to 45 avoid colliding with a vehicle displaying a blue light pursuant to the 46 provisions of paragraph four or a green light pursuant to the provisions 47 of paragraph five of subdivision forty-one of section three hundred 48 seventy-five of this chapter which is parked, stopped or standing on the 49 shoulder or any portion of such highway. For operators of motor vehicles 50 on parkways or controlled access highways, such due care shall include, 51 but not be limited to, moving from a lane which contains or is imme- 52 diately adjacent to the shoulder where such vehicle displaying a blue 53 light pursuant to the provisions of paragraph four or a green light 54 pursuant to the provisions of paragraph five of subdivision forty-one of 55 section three hundred seventy-five of this chapter is parked, stopped or 56 standing to another lane, provided that such movement otherwise complies
A. 10192 3 1 with the requirements of this chapter including, but not limited to, the 2 provisions of sections eleven hundred ten and eleven hundred twenty- 3 eight of this title. 4 (b) 1. An operator of a motor vehicle who causes physical injury as 5 defined under article ten of the penal law as a result of recklessly 6 failing to exercise due care in violation of subdivision (a) of this 7 section shall be guilty of a class A misdemeanor punishable by a fine of 8 not less than two hundred fifty dollars nor more than five hundred 9 dollars in addition to any other penalties provided by law. A conviction 10 for a second or any subsequent violation, any of which were committed 11 within a period of eighteen months, shall constitute a class E felony, 12 punishable by a fine of not less than one thousand nor more than two 13 thousand five hundred dollars in addition to any other penalties 14 provided by law. 15 2. An operator of a motor vehicle (i) who causes serious physical 16 injury as defined under article ten of the penal law as a result of 17 recklessly failing to exercise due care in violation of subdivision (a) 18 of this section shall be guilty of a class D felony punishable by a fine 19 of not less than one thousand dollars nor more than five thousand 20 dollars in addition to any other penalty provided by law, or (ii) who 21 causes death as a result of recklessly failing to exercise due care in 22 violation of subdivision (a) of this section shall be guilty of a class 23 C felony punishable by a fine of not less than two thousand nor more 24 than five thousand dollars in addition to any other penalties provided 25 by law, and by suspension of a license or registration pursuant to 26 subparagraph (xviii) of paragraph b of subdivision two of section five 27 hundred ten of this chapter. 28 (c) For the purposes of this section, the term "recklessly" shall have 29 the same meaning as defined in section 15.05 of the penal law. 30 § 2. Paragraph b of subdivision 2 of section 510 of the vehicle and 31 traffic law is amended by adding a new subparagraph (xviii) to read as 32 follows: 33 (xviii) for a period of six months where the holder is convicted of a 34 violation of paragraph two of subdivision (b) of section eleven hundred 35 forty-four-a of this chapter and the commission of such violation caused 36 serious physical injury to or death of another person. 37 § 3. The division of criminal justice services shall establish a 38 public information campaign to instruct the public that operating a 39 motor vehicle when approaching a parked, stopped or standing authorized 40 emergency vehicle or hazard vehicle or vehicle displaying a blue or 41 green light that results in physical injury, serious physical injury or 42 death as a result of the operator recklessly failing to exercise due 43 care to avoid a collision can result in serious criminal penalties. 44 § 4. This act shall take effect immediately.