STATE OF NEW YORK ________________________________________________________________________ 5259 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by 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 517 of the laws of 2023, is amended to read as follows: 3 § 1144-a. Operation of vehicles when approaching a parked, stopped or 4 standing authorized emergency vehicle, hazard vehicle, vehicle display- 5 ing a blue or green light or certain other motor vehicles. (a) 1. Every 6 operator of a motor vehicle shall exercise due care to avoid colliding 7 with an authorized emergency vehicle which is parked, stopped or stand- 8 ing on the shoulder or any portion of such highway and such authorized 9 emergency vehicle is displaying one or more red or combination red and 10 white lights pursuant to the provisions of paragraph two of subdivision 11 forty-one of section three hundred seventy-five of this chapter or is 12 displaying one or more blue, combination blue and red or combination 13 blue, red and white lights pursuant to the provisions of subparagraph b 14 of paragraph four of subdivision forty-one of section three hundred 15 seventy-five of this chapter. For operators of motor vehicles on park- 16 ways or controlled access highways, such due care shall include, but not 17 be limited to, moving from a lane which contains or is immediately adja- 18 cent to the shoulder where such authorized emergency vehicle displaying 19 one or more red, blue or white or any combination of red and white 20 lights or blue or combination blue and red or combination blue, red and 21 white lights pursuant to the provisions of paragraph two or subparagraph 22 b of paragraph four, as applicable of subdivision forty-one of section 23 three hundred seventy-five of this chapter is parked, stopped or stand- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01173-01-5
A. 5259 2 1 ing to another lane, provided that such movement otherwise complies with 2 the requirements of this chapter including, but not limited to, the 3 provisions of sections eleven hundred ten of this title and eleven 4 hundred twenty-eight of this title. 5 [(b)] 2. Every operator of a motor vehicle shall exercise due care to 6 avoid colliding with a hazard vehicle which is parked, stopped or stand- 7 ing on the shoulder or on any portion of such highway and such hazard 8 vehicle is displaying one or more amber lights pursuant to the 9 provisions of paragraph three of subdivision forty-one of section three 10 hundred seventy-five of this chapter or, if such hazard vehicle is 11 designed for the towing or pushing of disabled vehicles such hazard 12 vehicle is displaying one or more amber lights or one or more blue or 13 combination blue and amber lights pursuant to the provisions of para- 14 graph three or subparagraph b-1 of paragraph four, as applicable, of 15 subdivision forty-one of section three hundred seventy-five of this 16 chapter or, if such hazard vehicle owned and operated by the state or by 17 a county, city, town or village is designed for the removal of ice and 18 snow such hazard vehicle is displaying one or more amber lights or one 19 or more green or combination green and amber lights pursuant to the 20 provisions of paragraph three or subparagraph (c) of paragraph five, as 21 applicable, of subdivision forty-one of section three hundred seventy- 22 five of this chapter. For operators of motor vehicles on parkways or 23 controlled access highways, such due care shall include, but not be 24 limited to, moving from a lane which contains or is immediately adjacent 25 to the shoulder where (i) such hazard vehicle displaying one or more 26 amber lights pursuant to the provisions of paragraph three of subdivi- 27 sion forty-one of section three hundred seventy-five of this chapter or 28 (ii) such hazard vehicle designed for the towing or pushing of disabled 29 vehicles displaying one or more amber lights or one or more blue or 30 combination blue and amber lights pursuant to the provisions of para- 31 graph three or subparagraph b-1 of paragraph four, as applicable, of 32 subdivision forty-one of section three hundred seventy-five of this 33 chapter or (iii) such hazard vehicle owned and operated by the state or 34 by a county, city, town or village is displaying one or more amber 35 lights or one or more green or combination green and amber lights pursu- 36 ant to the provisions of paragraph three or subparagraph (c) of para- 37 graph five, as applicable, of subdivision forty-one of section three 38 hundred seventy-five of this chapter, is parked, stopped or standing to 39 another lane, provided that such movement otherwise complies with the 40 requirements of this chapter including, but not limited to, the 41 provisions of sections eleven hundred ten and eleven hundred twenty- 42 eight of this title. 43 [(c)] 3. Every operator of a motor vehicle shall exercise due care to 44 avoid colliding with a vehicle displaying a blue light pursuant to the 45 provisions of paragraph four or a green light pursuant to the provisions 46 of paragraph five of subdivision forty-one of section three hundred 47 seventy-five of this chapter which is parked, stopped or standing on the 48 shoulder or any portion of such highway. For operators of motor vehicles 49 on parkways or controlled access highways, such due care shall include, 50 but not be limited to, moving from a lane which contains or is imme- 51 diately adjacent to the shoulder where such vehicle displaying a blue 52 light pursuant to the provisions of paragraph four or a green light 53 pursuant to the provisions of paragraph five of subdivision forty-one of 54 section three hundred seventy-five of this chapter is parked, stopped or 55 standing to another lane, provided that such movement otherwise complies 56 with the requirements of this chapter including, but not limited to, the
A. 5259 3 1 provisions of sections eleven hundred ten and eleven hundred twenty- 2 eight of this title. 3 [(d)] 4. Every operator of a motor vehicle on a parkway and on a cont- 4 rolled-access highway shall exercise due care to avoid colliding with a 5 motor vehicle which is parked, stopped or standing on the shoulder or 6 any portion of such parkway or controlled-access highway. For the 7 purposes of this subdivision, such due care shall include, but not be 8 limited to, moving from a lane which contains or is immediately adjacent 9 to the shoulder where such motor vehicle is parked, stopped or standing 10 to another lane, provided that such movement otherwise complies with the 11 requirements of this chapter including, but not limited to, the 12 provisions of sections eleven hundred ten and eleven hundred twenty- 13 eight of this title. 14 (b) 1. An operator of a motor vehicle who causes physical injury as 15 defined under article ten of the penal law as a result of recklessly 16 failing to exercise due care in violation of subdivision (a) of this 17 section shall be guilty of a class A misdemeanor punishable by a fine of 18 not less than two hundred fifty dollars nor more than five hundred 19 dollars in addition to any other penalties provided by law. A conviction 20 for a second or any subsequent violation, any of which were committed 21 within a period of eighteen months, shall constitute a class E felony, 22 punishable by a fine of not less than one thousand nor more than two 23 thousand five hundred dollars in addition to any other penalties 24 provided by law. 25 2. An operator of a motor vehicle (i) who causes serious physical 26 injury as defined under article ten of the penal law as a result of 27 recklessly failing to exercise due care in violation of subdivision (a) 28 of this section shall be guilty of a class D felony punishable by a fine 29 of not less than one thousand dollars nor more than five thousand 30 dollars in addition to any other penalty provided by law, or (ii) who 31 causes death as a result of recklessly failing to exercise due care in 32 violation of subdivision (a) of this section shall be guilty of a class 33 C felony punishable by a fine of not less than two thousand nor more 34 than five thousand dollars in addition to any other penalties provided 35 by law, and by suspension of a license or registration pursuant to 36 subparagraph (xviii) of paragraph b of subdivision two of section five 37 hundred ten of this chapter. 38 (c) For the purposes of this section, the term "recklessly" shall have 39 the same meaning as defined in section 15.05 of the penal law. 40 § 2. Paragraph b of subdivision 2 of section 510 of the vehicle and 41 traffic law is amended by adding a new subparagraph (xviii) to read as 42 follows: 43 (xviii) for a period of six months where the holder is convicted of a 44 violation of paragraph two of subdivision (b) of section eleven hundred 45 forty-four-a of this chapter and the commission of such violation caused 46 serious physical injury to or death of another person. 47 § 3. The division of criminal justice services shall establish a 48 public information campaign to instruct the public that operating a 49 motor vehicle when approaching a parked, stopped or standing authorized 50 emergency vehicle or hazard vehicle or vehicle displaying a blue or 51 green light that results in physical injury, serious physical injury or 52 death as a result of the operator recklessly failing to exercise due 53 care to avoid a collision can result in serious criminal penalties. 54 § 4. This act shall take effect immediately.