A 8317: Requires all vehicles move over or slow down for parked, stopped and standing vehicles on highways, requiring the inclusion of at least one question regarding such requirement on the state driver's license examination, and requires public education measures on such requirement.

  
  STATE OF NEW YORK ________________________________________________________________________ 8317 2025-2026 Regular Sessions  IN ASSEMBLY May 13, 2025 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring all vehicles move over or slow down for parked, stopped and standing vehicles on highways, requiring the inclusion of at least one question regarding such requirement on the state driver's license examination, and requires public education measures on such requirement 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 4 or standing [authorized emergency vehicle, hazard vehicle, vehicle 5 displaying a blue or green light or certain other motor] vehicles. (a) 6 [Every operator of a motor vehicle shall exercise due care to avoid 7 colliding with an authorized emergency vehicle which is parked, stopped 8 or standing on the shoulder or any portion of such highway and such 9 authorized emergency vehicle is displaying one or more red or combina- 10 tion red and white lights pursuant to the provisions of paragraph two of 11 subdivision forty-one of section three hundred seventy-five of this 12 chapter or is displaying one or more blue, combination blue and red or 13 combination blue, red and white lights pursuant to the provisions of 14 subparagraph b of paragraph four of subdivision forty-one of section 15 three hundred seventy-five of this chapter. For operators of motor vehi- 16 cles on parkways or controlled access highways, such due care shall 17 include, but not be limited to, moving from a lane which contains or is 18 immediately adjacent to the shoulder where such authorized emergency 19 vehicle displaying one or more red, blue or white or any combination of 20 red and white lights or blue or combination blue and red or combination 21 blue, red and white lights pursuant to the provisions of paragraph two 22 or subparagraph b of paragraph four, as applicable of subdivision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11954-01-5 
 A. 8317 2 1 forty-one of section three hundred seventy-five of this chapter is 2 parked, stopped or standing to another lane, provided that such movement 3 otherwise complies with the requirements of this chapter including, but 4 not limited to, the provisions of sections eleven hundred ten of this 5 title and eleven hundred twenty-eight of this title. 6 (b) Every operator of a motor vehicle shall exercise due care to avoid 7 colliding with a hazard vehicle which is parked, stopped or standing on 8 the shoulder or on any portion of such highway and such hazard vehicle 9 is displaying one or more amber lights pursuant to the provisions of 10 paragraph three of subdivision forty-one of section three hundred seven- 11 ty-five of this chapter or, if such hazard vehicle is designed for the 12 towing or pushing of disabled vehicles such hazard vehicle is displaying 13 one or more amber lights or one or more blue or combination blue and 14 amber lights pursuant to the provisions of paragraph three or subpara- 15 graph b-1 of paragraph four, as applicable, of subdivision forty-one of 16 section three hundred seventy-five of this chapter or, if such hazard 17 vehicle owned and operated by the state or by a county, city, town or 18 village is designed for the removal of ice and snow such hazard vehicle 19 is displaying one or more amber lights or one or more green or combina- 20 tion green and amber lights pursuant to the provisions of paragraph 21 three or subparagraph (c) of paragraph five, as applicable, of subdivi- 22 sion forty-one of section three hundred seventy-five of this chapter. 23 For operators of motor vehicles on parkways or controlled access high- 24 ways, such due care shall include, but not be limited to, moving from a 25 lane which contains or is immediately adjacent to the shoulder where (i) 26 such hazard vehicle displaying one or more amber lights pursuant to the 27 provisions of paragraph three of subdivision forty-one of section three 28 hundred seventy-five of this chapter or (ii) such hazard vehicle 29 designed for the towing or pushing of disabled vehicles displaying one 30 or more amber lights or one or more blue or combination blue and amber 31 lights pursuant to the provisions of paragraph three or subparagraph b-1 32 of paragraph four, as applicable, of subdivision forty-one of section 33 three hundred seventy-five of this chapter or (iii) such hazard vehicle 34 owned and operated by the state or by a county, city, town or village is 35 displaying one or more amber lights or one or more green or combination 36 green and amber lights pursuant to the provisions of paragraph three or 37 subparagraph (c) of paragraph five, as applicable, of subdivision 38 forty-one of section three hundred seventy-five of this chapter, is 39 parked, stopped or standing to another lane, provided that such movement 40 otherwise complies with the requirements of this chapter including, but 41 not limited to, the provisions of sections eleven hundred ten and eleven 42 hundred twenty-eight of this title. 43 (c) Every operator of a motor vehicle shall exercise due care to avoid 44 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. 8317 3 1 provisions of sections eleven hundred ten and eleven hundred twenty- 2 eight of this title. 3 (d)] 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] section, such due care shall include, but 8 not be limited to[,]: 9 (i) moving from a lane which contains or is immediately adjacent to 10 the shoulder where such motor vehicle is parked, stopped or standing to 11 another lane, provided that such movement otherwise complies with the 12 requirements of this chapter including, but not limited to, the 13 provisions of sections eleven hundred ten and eleven hundred twenty- 14 eight of this title. 15 (ii) for such operators who are unable to safely move from the lane 16 which contains or is immediately adjacent to the shoulder where such 17 motor vehicle is parked, stopped or standing in compliance with the 18 requirements of this chapter including, but not limited to, the 19 provisions of sections eleven hundred ten and eleven hundred twenty- 20 eight of this title, reducing speed to a level that is both reasonable 21 and prudent for the given circumstances, and is in no event greater than 22 ten miles per hour below the posted speed limit when the speed limit is 23 twenty-five miles per hour or greater, or five miles per hour when the 24 posted speed limit is twenty miles per hour or less, whichever is lower. 25 (b) Violations of paragraphs (i) and (ii) of subdivision (a) of this 26 section shall be subject to the same penalties, including but not limit- 27 ed to fines, driver violation points, and mandatory surcharges. The 28 department is authorized and directed to increase penalties for repeat 29 violations of this section or violations resulting in injury or death, 30 in alignment with enhanced penalty structures adopted by other states to 31 deter dangerous driving behaviors and protect roadside workers. 32 (c) The department, in consultation with the department of transporta- 33 tion, shall: 34 (i) develop and distribute comprehensive written materials detailing 35 the move over law and its requirements to all applicants for a driver's 36 license, as well as make such materials readily available at all licens- 37 ing offices statewide. 38 (ii) display move-over safety reminders prominently on electronic 39 traffic message boards and other appropriate signage along highways and 40 major roadways throughout the state. 41 (iii) integrate and enhance instruction on the move over law within 42 existing driver education programs, new driver curricula, and all public 43 awareness campaigns, ensuring the law's provisions and safety rationale 44 are clearly communicated to all motorists. 45 § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502 46 of the vehicle and traffic law, as amended by chapter 379 of the laws of 47 2022, is amended to read as follows: 48 (i) Upon submission of an application for a driver's license, the 49 applicant shall be required to take and pass a test, or submit evidence 50 of passage of a test, with respect to the laws relating to traffic, the 51 laws relating to driving while ability is impaired and while intoxicat- 52 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 53 awareness, "Motorcycle Safety" awareness and "Pedestrian and Bicyclist 54 Safety" awareness as defined by the commissioner, "School Bus Safety" 55 awareness, the law relating to exercising due care to avoid colliding 56 with [a] any parked, stopped or standing [authorized emergency vehicle 
 A. 8317 4 1 or hazard] vehicle pursuant to section eleven hundred forty-four-a of 2 this chapter including, but not limited to, the obligation to change 3 lanes or reduce speed, the ability to read and comprehend traffic signs 4 and symbols and such other matters as the commissioner may prescribe, 5 and to satisfactorily complete a course prescribed by the commissioner 6 of not less than four hours and not more than five hours, consisting of 7 classroom driver training and highway safety instruction or the equiv- 8 alent thereof. Such test shall include at least seven written questions 9 concerning the effects of consumption of alcohol or drugs on the ability 10 of a person to operate a motor vehicle and the legal and financial 11 consequences resulting from violations of section eleven hundred nine- 12 ty-two of this chapter, prohibiting the operation of a motor vehicle 13 while under the influence of alcohol or drugs. Such test shall include 14 one or more written questions concerning the devastating effects of 15 "Road Rage" on the ability of a person to operate a motor vehicle and 16 the legal and financial consequences resulting from assaulting, threat- 17 ening or interfering with the lawful conduct of another person legally 18 using the roadway. Such test shall include one or more questions 19 concerning the potential dangers to persons and equipment resulting from 20 the unsafe operation of a motor vehicle in a work zone. Such test may 21 include one or more questions concerning motorcycle safety. Such test 22 may include one or more questions concerning the law for exercising due 23 care to avoid colliding with a parked, stopped or standing vehicle 24 pursuant to section eleven hundred forty-four-a of this chapter. Such 25 test may include one or more questions concerning school bus safety. 26 Such test may include one or more questions concerning pedestrian and 27 bicyclist safety. Such test shall be administered by the commissioner. 28 The commissioner shall cause the applicant to take a vision test and a 29 test for color blindness. Upon passage of the vision test, the applica- 30 tion may be accepted and the application fee shall be payable. 31 § 3. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law. Effective immediately, the addition, amend- 33 ment and/or repeal of any rule or regulation necessary for the implemen- 34 tation of this act on its effective date are authorized to be made and 35 completed on or before such date.