Move Over Law now effective in NYS

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Jul 19, 2007
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NEW YORK STATE LAW: became effective Jan. 1, 2011

Ambrose-Searles ??Move Over Act??

Protects law enforcement officers and emergency workers stopped along roadways while
performing their duties.

?h Drivers must use due care when approaching an emergency vehicle that displays red and/or
white emergency lighting.

?h On all roads and highways, drivers must reduce speed;

?h On Parkways and other controlled access highways with multiple lanes, drivers must
move from the lane immediately adjacent to the emergency vehicle, unless traffic or
other hazards exist to prevent doing so safely.
 
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May 22, 2009
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Is this law meant to augment or replace the existing law for failure to yield right of way to an emergency vehicle or Interference with emergency vehicle or ambulance in the discharge of their duties.


 
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Jul 19, 2007
Messages
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svd385 said:
Is this law meant to augment or replace the existing law for failure to yield right of way to an emergency vehicle or Interference with emergency vehicle or ambulance in the discharge of their duties.

Looks like there is some new material.  Here's the full text:


The vehicle and traffic law is amended by adding a new section 40 1144-a to read as follows:

? 1144-a. Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle.

Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title.

 
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I saw sign flashing this law on Tappan Zee last nite.........Law? I figured it was common sense !! (I know few posess that these days) !
 
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Feb 12, 2008
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We have the same law here in Texas. When it first went into effect people obeyed it. Now that it's been on the books for a couple of years I've noticed fewer drivers moving over (or slowing down). Just for what it's worth.
 
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Feb 12, 2008
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It's a $500 fine. just a misdemeanor, although I'm sure if someone gets killed it could be ramped up. (even if someone gets HURT it's still a misdemeanor.)
 
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Jan 14, 2009
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Is this new law added to the several to which a member may write at the scene or may only the police write them?
 
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Jul 19, 2007
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Probably writable, depending upon Dep't. policy.  But I don't think that FD would be writing many, because it would seem (from the very nature of the violation) that you would have to chase down and stop the offending vehicles.
 
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Aug 16, 2007
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Same for PD. Do you think they're going to stop writing 1 ticket to chase down someone? The only way I see this being enforceable is if there will be 2 RMPs per car stop or an RMP will sit there with it's light on for no reason other than to see if anyone moves. (I'm sure a lawyer can make this sound like entrapment.)

Either way, I don't see it making much difference in NYC. Traffic already grinds to a halt thanks to rubberneckers.
 
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R1SmokeEater said:
I saw sign flashing this law on Tappan Zee last nite.........Law? I figured it was common sense !! (I know few posess that these days) !

Amen. Not possessing it is apparently now a criminal act!!!
 
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