Bill Text: NY S07938 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or volunteer first responder.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-07-21 - SIGNED CHAP.97 [S07938 Detail]

Download: New_York-2015-S07938-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7938
                    IN SENATE
                                      May 26, 2016
                                       ___________
        Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
          printed to be committed 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 vehi-
          cle 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.  Subdivision  3  of section 502 of the vehicle and traffic
     2  law, as amended by chapter 458 of the laws of 2011, is amended  to  read
     3  as follows:
     4    3.  Application  for  learner's permit. An application for a learner's
     5  permit shall be included in the application for a license.  A  learner's
     6  permit  shall be issued in such form as the commissioner shall determine
     7  but shall not be issued unless the applicant has successfully passed the
     8  vision test required by this section and the test set forth in paragraph
     9  (a) of subdivision four of this section with respect to laws relating to
    10  traffic and ability to read and comprehend traffic signs and symbols and
    11  has satisfactorily completed any course required pursuant  to  paragraph
    12  (a)  of subdivision four of this section. Upon acceptance of an applica-
    13  tion for a learner's permit the commissioner shall provide the applicant
    14  with a driver's manual which includes but is not  limited  to  the  laws
    15  relating  to  traffic, the laws relating to and physiological effects of
    16  driving while ability impaired and driving while  intoxicated,  the  law
    17  for  exercising  due  care  to avoid colliding with a parked, stopped or
    18  standing [authorized emergency vehicle or hazard]  vehicle  pursuant  to
    19  section  eleven  hundred  forty-four-a  of this chapter, explanations of
    20  traffic signs and symbols and such other matters as the commissioner may
    21  prescribe.
    22    § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
    23  of the vehicle and traffic law, as amended by chapter 458 of the laws of
    24  2011, is amended to read as follows:
    25    (i) Upon submission of an application  for  a  driver's  license,  the
    26  applicant  shall be required to take and pass a test, or submit evidence
    27  of passage of a test, with respect to the laws relating to traffic,  the
    28  laws  relating to driving while ability is impaired and while intoxicat-
    29  ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
    30  ty" awareness as defined by the commissioner, the law relating to  exer-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01976-06-6
        S. 7938                             2
     1  cising  due  care  to avoid colliding with a parked, stopped or standing
     2  authorized emergency vehicle or hazard vehicle pursuant to section elev-
     3  en hundred forty-four-a of this chapter, the ability to read and compre-
     4  hend traffic signs and symbols and such other matters as the commission-
     5  er  may prescribe, and to satisfactorily complete a course prescribed by
     6  the commissioner of not less than four hours  and  not  more  than  five
     7  hours,  consisting  of  classroom  driver  training  and  highway safety
     8  instruction or the equivalent thereof. Such test shall include at  least
     9  seven written questions concerning the effects of consumption of alcohol
    10  or  drugs  on the ability of a person to operate a motor vehicle and the
    11  legal and financial consequences resulting from  violations  of  section
    12  eleven  hundred ninety-two of this chapter, prohibiting the operation of
    13  a motor vehicle while under the influence of alcohol or drugs. Such test
    14  shall include one or more written questions concerning  the  devastating
    15  effects  of  "Road  Rage"  on the ability of a person to operate a motor
    16  vehicle and the legal and financial consequences resulting from assault-
    17  ing, threatening or interfering  with  the  lawful  conduct  of  another
    18  person  legally  using  the roadway. Such test shall include one or more
    19  questions concerning the potential  dangers  to  persons  and  equipment
    20  resulting  from  the unsafe operation of a motor vehicle in a work zone.
    21  Such test may include one or more questions concerning the law for exer-
    22  cising due care to avoid colliding with a parked,  stopped  or  standing
    23  [authorized  emergency  vehicle  or  hazard] vehicle pursuant to section
    24  eleven hundred forty-four-a of this chapter. Such test shall be adminis-
    25  tered by the commissioner. The commissioner shall cause the applicant to
    26  take a vision test and a test for color blindness. Upon passage  of  the
    27  vision  test,  the  application  may be accepted and the application fee
    28  shall be payable.
    29    § 3. The section heading of section 1144-a of the vehicle and  traffic
    30  law,  as  amended by chapter 458 of the laws of 2011, is amended to read
    31  as follows:
    32    Operation of vehicles when approaching a parked, stopped  or  standing
    33  authorized  emergency  vehicle or hazard vehicle or vehicle displaying a
    34  blue or green light.
    35    § 4. Section 1144-a of the vehicle  and  traffic  law  is  amended  by
    36  adding a new subdivision (c) to read as follows:
    37    (c) Every operator of a motor vehicle shall exercise due care to avoid
    38  colliding  with  a  vehicle  displaying  a  blue  light  pursuant to the
    39  provisions of paragraph four or a green light pursuant to the provisions
    40  of paragraph five of subdivision  forty-one  of  section  three  hundred
    41  seventy-five of this chapter which is parked, stopped or standing on the
    42  shoulder or any portion of such highway. For operators of motor vehicles
    43  on  parkways or controlled access highways, such due care shall include,
    44  but not be limited to, moving from a lane which  contains  or  is  imme-
    45  diately  adjacent  to  the shoulder where such vehicle displaying a blue
    46  light pursuant to the provisions of paragraph  four  or  a  green  light
    47  pursuant to the provisions of paragraph five of subdivision forty-one of
    48  section three hundred seventy-five of this chapter is parked, stopped or
    49  standing to another lane, provided that such movement otherwise complies
    50  with the requirements of this chapter including, but not limited to, the
    51  provisions  of  sections  eleven  hundred ten and eleven hundred twenty-
    52  eight of this title.
    53    § 5. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.