Imposes fines for failure to exercise due care and move over when approaching parked, stopped or standing motor vehicles on the shoulder of a highway.
Summary
S04649 amends the New York Vehicle and Traffic Law to increase the penalties for violating the state’s “move over” / due-care requirement when approaching parked, stopped, or standing vehicles on the shoulder of a highway. The bill adds a new penalty schedule for violations of section 1144-a, establishing a first-offense fine of up to $275 and/or up to 15 days in jail, a second offense within 18 months of up to $450 and/or up to 45 days in jail, and a third or subsequent offense within 18 months of up to $750 and/or up to 90 days in jail.
The measure is prospective only and would take effect January 1, 2026, applying to violations committed on or after that date. In practical terms, it strengthens enforcement against drivers who fail to slow down and move over near roadside vehicles, including emergency responders, tow trucks, disabled vehicles, and other stopped cars on the shoulder, by making repeat violations more costly and potentially more punitive.
Impact
The bill changes section 1800 of the Vehicle and Traffic Law by creating a specific penalty provision for section 1144-a violations. It does not alter the underlying duty to exercise due care and move over; instead, it increases the fines and potential jail exposure for first and repeat offenses, especially within an 18-month lookback period. The affected parties are motorists subject to traffic enforcement and, indirectly, roadside workers, emergency personnel, and stranded drivers who benefit from stronger deterrence.
Sentiment
The available voting history shows strong, unanimous support for the bill in both the Senate Transportation Committee and on final passage in the Senate, with no recorded dissenting votes. That suggests broad agreement that increasing penalties for move-over violations is a public safety measure. No committee transcript was provided, so there is no recorded debate reflecting opposition or reservations in the materials supplied.
Contention
No specific points of contention appear in the provided record. Because the bill passed unanimously and there are no committee transcripts, there is no evidence here of disagreement over the size of the fines, the inclusion of jail time, the 18-month repeat-offense window, or the policy choice to use tougher penalties to improve roadside safety. Any potential concerns would likely center on proportionality of penalties or enforcement burden, but those concerns are not documented in the supplied materials.
Same As
Imposes fines for failure to exercise due care and move over when approaching parked, stopped or standing motor vehicles on the shoulder of a highway.
Requires an operator of a motor vehicle to exercise due care to avoid colliding with a vehicle which is parked, stopped, or standing on the shoulder of a parkway or controlled-access highway.
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.
Increases penalties for traffic violations related to the failure to properly operate a motor vehicle when approaching a parked, stopped or standing authorized emergency vehicle, hazard vehicle, vehicle displaying a blue or green light or certain other motor vehicles; increases penalties for multiple violations.