BILL NUMBER: S3549
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to penalties
for traffic infractions related to the operation of vehicles when
approaching authorized emergency vehicles
 
PURPOSE:
This bill relates to penalties for traffic infractions related to the
operation of vehicles when approaching authorized emergency vehicles.
 
SUMMARY OF PROVISIONS:
Section 1: Is amended by adding a new subdivision (e-1). Every person
convicted of a violation of the provisions of section eleven hundred
fortyfour-a of this chapter shall for a first conviction thereof be
punished by a fine of not more than four hundred fifty dollars. For a
conviction of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by a fin of not
more than six hundred dollars and shall be assessed six points to such
person's driving record, which shall also cause such person to be liable
to the department for payment of a driver responsibility assessment as
provided in subdivision four of section five hundred three of this chap-
ter. For a conviction of a third violation and all subsequent
violations, all of which were committed within a period of eighteen
months, such person shall b punished by a fine of not more than seven
hundred fifty dollars or by imprisonment for not more than one year or
by both such fine and imprisonment.
Section 2: This act shall take effect immediately.
 
JUSTIFICATION:
On May 9th, 2024, Vincent J. Giammarva, 62, of Le Roy, Genesee County,
tragically lost his life, while his coworker, Mark Vara, 58, of Scotts-
ville, sustained serious injuries. They were struck by an eastbound
tractor-trailer while working in a designated work zone between exits 47
and 46 on the Thruway. The driver of the tractor-trailer failed to move
over, his first-time offense, resulting in this preventable accident.
In March, two months before the accident, New York State expanded its
Move Over Law, requiring drivers to slow down and change lanes for all
stationary vehicles. However, penalties for non-compliance stayed at
just $150 for a first-time offense.
This piece of legislation is crucial as it strengthens the Move Over Law
by increasing penalties for both first-time and repeat offenses, promot-
ing greater accountability and safety on our roads. By implementing
stricter penalties, this legislation aims to deter dangerous driving
behaviors and protect the well-being of all road users and workers.
 
LEGISLATIVE HISTORY:
2024: S9883 Referred to Rules
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S3549: 1800 vehicle and traffic law