Amd §§1110, 1111, 1113, 1116 & 1144, add §1111-g, V & T L
 
Authorizes drivers to disobey a traffic-control device or signal, after exercising reasonable care, in order to yield the right of way to an authorized emergency vehicle.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A232
SPONSOR: Eichenstein
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to authorizing
an operator of a motor vehicle to disobey a traffic-control device or
signal in the course of yielding the right of way to an authorized emer-
gency vehicle
 
PURPOSE OR GENERAL IDEA OF BILL:
To explicitly codify that the driver of a motor vehicle may, after exer-
cising due care, move through a red light in order to let an authorized
emergency vehicle pass and to make provisions for the simple appeal of
red-light camera tickets incurred under such circumstances.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision a of section 1110 of the vehicle and traf-
fic law to allow drivers to disobey official traffic control devices in
order to give right of way to emergency vehicles.
Section 2 amends paragraphs 1 and 3 of subdivision d of section 1111 of
the vehicle and traffic law to allow drivers to disobey circular red
lights and red arrows in order to give right of way to emergency vehi-
cles.
Section 3 requires municipalities to review red light camera tickets to
determine whether a driver passed through a red light to give right of
way to an emergency vehicle and to provide a simplified mechanism for
individuals to appeal red light tickets on these grounds.
Section 4 amends subdivision a of section 1113 of the vehicle and traf-
fic law to allow drivers to disobey flashing red light indications in
order to give right of way to emergency vehicles.
Section 5 amends section 1116 of the vehicle and traffic law to allow
drivers to disobey lane use control signal indications in order to give
right of way to emergency vehicles.
Section 6 outlines the circumstances under which a driver may disobey a
traffic signal in order to give right of way to emergency vehicles.
Section 7 establishes the effective date.
 
JUSTIFICATION:
New York law clearly states that, after exercising due care, a driver
must make all efforts to provide emergency vehicles with an unimpeded
right of way when the emergency vehicle has its lights flashing. This is
perfectly logical public safety measure and it's something that is
understood by all drivers. However, there is a common permutation of
this rule that is not explicitly accounted for by the law: what to do
when you are stopped at a red light and an ambulance is urgently trying
to get through. The answer for most drivers is obvious, if you are
unable to otherwise move out of the way, you check to ensure that you
can safely move through the intersection and let the ambulance pass.
However, not only is it unclear that drivers are permitted to do the
obvious, but they may even be hit with a red-light camera ticket for
doing the right thing. The Yonkers Parking Violation Bureau takes a
commonsense interpretation of the law, stating on its website that: "You
must move your vehicle out of the way for emergency vehicles as per NYS
law. If you do and there is a red-light camera at the intersection, you
will NOT receive a violation if you had to move through the red light to
get out of the way of an emergency vehicle." However, the re is actually
nothing in the law that explicitly supports this conclusion, so drivers
in other municipalities are faced with the cost and inconvenience of
contesting violations for doing exactly what they should do under the
circumstances. This legislation fixes this oversight, by making it
explicit that a driver may disobey a traffic signal when he or she can
do so safely when an emergency vehicle with its flashing lights acti-
vated needs to get through. At least five states-Delaware, Illinois,
Tennessee, Florida, and Mary- land-already have laws on the books making
yielding to emergency vehicles a statutory defense to red light camera
tickets. This bill will also require municipalities to give drivers an
easy way to appeal red light tickets issued under these circumstances,
so that people won't be unnecessarily burdened for doing what's right.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A2366 - Referred to transportation
2019-20: A7252 - Referred to transportation
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
232
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
an operator of a motor vehicle to disobey a traffic-control device or
signal in the course of yielding the right of way to an authorized
emergency vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 1110 of the vehicle and traffic
2 law, as amended by chapter 259 of the laws of 1964, is amended to read
3 as follows:
4 (a) Every person shall obey the instructions of any official traffic-
5 control device applicable to him or her placed in accordance with the
6 provisions of this chapter, unless otherwise directed by a traffic or
7 police officer, or unless otherwise authorized by section eleven hundred
8 forty-four of this title, subject to the exceptions granted the driver
9 of an authorized emergency vehicle in this title.
10 § 2. Paragraphs 1 and 3 of subdivision (d) of section 1111 of the
11 vehicle and traffic law, paragraph 1 as amended by chapter 760 of the
12 laws of 1974 and paragraph 3 as amended by chapter 356 of the laws of
13 1971 and as renumbered by chapter 760 of the laws of 1974, are amended
14 to read as follows:
15 1. Traffic, except pedestrians, facing a steady circular red signal,
16 unless to make such other movement as is permitted by other indications
17 shown at the same time, shall stop at a clearly marked stop line, but if
18 none, then shall stop before entering the crosswalk on the near side of
19 the intersection, or in the event there is no crosswalk, at the point
20 nearest the intersecting roadway where the driver has a view of the
21 approaching traffic on the intersecting roadway before entering the
22 intersection and shall remain standing until an indication to proceed is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00123-01-3
A. 232 2
1 shown except as provided in paragraph two of this subdivision or as
2 authorized by section eleven hundred forty-four of this title.
3 3. Traffic, except pedestrians, facing a steady red arrow signal may
4 not enter the intersection to make the movement indicated by such arrow
5 and, unless entering the intersection to make such other movement as is
6 permitted by other indications shown at the same time, shall stop at a
7 clearly marked stop line, but if none, then shall stop before entering
8 the crosswalk on the near side of the intersection, or in the event
9 there is no crosswalk at the point nearest the intersecting roadway
10 where the driver has a view of the approaching traffic on the intersect-
11 ing roadway before entering the intersection and shall remain standing
12 until an indication to proceed is shown except as authorized by section
13 eleven hundred forty-four of this title.
14 § 3. The vehicle and traffic law is amended by adding a new section
15 1111-g to read as follows:
16 § 1111-g. Review of traffic-control violation; yielding right of way
17 to an authorized emergency vehicle. (a) Every municipality which is
18 authorized to install and operate traffic-control signal photo violation
19 monitoring devices pursuant to this article, shall establish and imple-
20 ment a program and methodology which provides for the review of the
21 photographs, microphotographs, videotape or other recorded images
22 produced by its traffic-control signal photo violation monitoring
23 devices to determine whether any owner charged with a violation of
24 subdivision (d) of section eleven hundred eleven of this article, diso-
25 beyed the traffic-control signal as authorized by section eleven hundred
26 forty-four of this title; in which case, any notice of liability for
27 such violation shall be void.
28 (b) Every such municipality shall include space on each notice of
29 liability it issues, in which an owner may indicate that the alleged
30 violation was authorized in order to yield the right of way to an
31 authorized emergency vehicle in accordance with section eleven hundred
32 forty-four of this title. In each instance in which an owner so indi-
33 cates, the municipality shall cause a review to be conducted pursuant to
34 subdivision (a) of this section.
35 § 4. Subdivision (a) of section 1113 of the vehicle and traffic law,
36 as amended by chapter 722 of the laws of 2006, is amended to read as
37 follows:
38 (a) Flashing red indications. Unless to make another movement permit-
39 ted by other indications shown at the same time or as authorized by
40 section eleven hundred forty-four of this title, vehicular traffic
41 facing a circular red signal or red arrow with rapid intermittent flash-
42 es shall stop at a clearly marked stop line, but if none, then shall
43 stop before entering the crosswalk on the near side of the intersection,
44 or in the event there is no crosswalk, at the point nearest the inter-
45 secting roadway where the driver has a view of approaching traffic on
46 the intersecting roadway before entering the intersection and the right
47 to proceed shall be subject to the rules applicable after making a stop
48 at a stop sign.
49 § 5. The opening paragraph of section 1116 of the vehicle and traffic
50 law, as amended by chapter 228 of the laws of 2012, is amended to read
51 as follows:
52 Whenever traffic is controlled by lane-use control signal indications
53 located over the individual lanes of a highway, only the colors green,
54 yellow, white and red shall be used, and said signals shall, except as
55 otherwise required by section eleven hundred forty-four of this title,
56 indicate and apply as follows:
A. 232 3
1 § 6. Subdivision (a) of section 1144 of the vehicle and traffic law,
2 as amended by chapter 606 of the laws of 1994, is amended to read as
3 follows:
4 (a) Upon the immediate approach of an authorized emergency vehicle
5 equipped with at least one lighted lamp exhibiting red light visible
6 under normal atmospheric conditions from a distance of five hundred feet
7 to the front of such vehicle other than a police vehicle or bicycle when
8 operated as an authorized emergency vehicle, and when audible signals
9 are sounded from any said vehicle by siren, exhaust whistle, bell, air-
10 horn or electronic equivalent; the driver of every other vehicle shall
11 yield the right of way and shall immediately drive to a position paral-
12 lel to, and as close as possible to the right-hand edge or curb of the
13 roadway, or to either edge of a one-way roadway three or more lanes in
14 width, clear of any intersection, and shall stop and remain in such
15 position until the authorized emergency vehicle has passed, unless
16 otherwise directed by a police officer. A driver, after exercising
17 reasonable care for all persons using the highway, may disobey any offi-
18 cial traffic-control device or traffic-control signal, when such disobe-
19 dience is necessary to yield the right of way to an authorized emergency
20 vehicle.
21 § 7. This act shall take effect on the first of January next succeed-
22 ing the date on which it shall have become a law.