BILL NUMBER: S311
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the opera-
tion of vehicles when approaching a parked, stopped or standing author-
ized emergency vehicle or hazard vehicle or vehicle displaying a blue or
green light
 
PURPOSE:
This bill increases the penalties for a violation of the move-over law
when a law enforcement officer, first responder, tow truck operator or
other applicable safety personnel are physically injured or killed
because of such violation.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Section 1144-a of the vehicle and traffic
law to establish penalties for a violation of the move-over law that
results in physical or serious physical injury.
Section 2 of the bill requires a person's driving privileges be
suspended upon conviction of a violation of the move-over law that
resulted in serious physical injury or death.
Section 3 requires the Division of Criminal Justice Services to estab-
lish a public information campaign.
Section 4 establishes the effective date
 
JUSTIFICATION:
Efforts to protect our first responders and other safety personnel from
the dangers associated with providing emergency assistance along high-
ways, including controlled-access highways, prompted the enactment of
the "Ambrose-Searles Move-Over Act" in 2010. The move-over law, as it is
commonly referred to, requires motorists to exercise due care in
approaching a vehicle that has stopped, parked or is standing as identi-
fied by the illumination of said vehicle's flashing emergency lights.
The goal of this important statutory provision, however, which was to
forestall future collisions resulting in injury or death of said person-
nel, unfortunately has failed to achieve its objective. In order to
provide further protection, this legislation requires the establishment
of a public information campaign to educate the driving public of the
seriousness of a violation of the move-over law that results in injury
or death and increases the penalties for such violations.
 
LEGISLATIVE HISTORY:
2023-24: S.187/A.10192 Referred to Transportation
2021-22: S.2270 Referred to Transportation
2019-20: S.1332/A.3826 Referred to Transportation
2017-18: S.8196/A.10825 Referred to Transportation
 
FISCAL IMPLICATIONS:
Not yet determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S311: 1144-a vehicle and traffic law, 510 vehicle and traffic law, 510(2) vehicle and traffic law