New York A 3108 – Move over law when approaching stationary emergency vehicle with flashing lights

Bill Location:
New YorkAssembly / House
Bill Title:

Requires a driver approaching stationary emergency vehicles, tow or recovery trucks, or highway maintenance vehicles displaying flashing lights to switch lanes or reduce the speed of the driver's vehicle, and be prepared to stop the vehicle.

Full Bill Text ›
NMA Recommendation:

UPDATE January 4, 2021: Bill died in committee

A 3108 was introduced to the Assembly on January 28, 2019 and subsequently was referred to the Transportation Committee where it awaits disposition.

A3108 would impose a fine of $100 to $500 for a driver not making a lane change away from a roadside emergency vehicle with flashing lights or, if a lane change isn’t possible, not slowing down when passing the emergency vehicle.

The majority of drivers, out of safety concerns and common courtesy, normally take those steps when passing a parked/disabled vehicle on the side of the road, let alone an emergency vehicle. By increasing the penalty for not moving over or slowing down, drivers will feel an added urgency to take those actions even when it may be spur-of-the-moment and not safe to do in the presence of surrounding traffic. This is not unlike the effect that red-light cameras can have in increasing rear-end collisions when drivers suddenly stop when the traffic signal turns yellow to avoid a photo ticket.

In addition the language of the bill is too vague. “If a lane change pursuant to paragraph one of this subdivision is not possible, reduce the speed of such motor vehicle to a reasonable and proper speed for existing road and traffic conditions . . .” means that any driver, short of one who stops completely, can be ticketed on an arbitrary judgment call.







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