Senator George Borrello has introduced new legislation designed to enhance safety in highway construction and maintenance zones.
The first bill would mandate the installation of at least two photo speed violation monitoring systems in work areas on state highways and the New York State Thruway, expanding and strengthening the five-year Automated Work Zone Speed Enforcement (AWZSE) program, overseen by the New York State Department of Transportation (DOT) and the Thruway Authority. Under this program, motorists caught by work zone monitoring cameras of driving at least 10 miles per hour over the posted limit in a work zone area are fined through a ticket they receive in the mail. The program identified over 130,000 speeding violations in work zones statewide last year.
“In 2023, there were 130,000 speeding violations in monitored work zone areas on state highways. That is a staggering number,” said Senator Borrello. “Even worse, many weren’t just speeding violations, there were 144 injuries and three fatalities due to motorists ignoring the law and driving into prohibited work zones. Those are preventable tragedies, which is why I am introducing legislation that would strengthen speed violation monitoring systems in work zones by requiring monitoring at every highway and thruway worksite.”
Under the bill, S9884, a demonstration program would mandate the installation of at least two photo speed monitoring systems at each work site on controlled-access highways and the thruway. Under current law, speed monitoring is limited to 30 sites at any one time – 10 on the thruway and 20 on NYSDOT roads. This restriction leaves many work sites unmonitored, increasing the risk of accidents and injuries for both drivers and construction workers.
“By equipping work zones with two photo speed monitoring systems, we can better detect and ultimately deter speeding, thus reducing accidents and protecting both workers and motorists,” said Senator Borrello.
The other measure would increase the penalties for failing to move over or slow down when approaching authorized emergency vehicles, as required by New York’s “Move Over” law.
In 2010, the law was enacted to reduce collisions with emergency vehicles stopped on the roadway. The law was later expanded to also include hazard vehicles, highway worker vehicles, and tow trucks. Most recently, the law was further expanded to cover all vehicles stopped on the side of the road. Drivers are now required to exercise due care to avoid any stopped vehicles by either changing lanes or slowing down.
Senator Borrello noted that when drivers ignore the law, the results can be tragic.
On May 9, Vincent J. Giammarva, 62, from Le Roy, Genesee County, a constituent of the 57th Senate District, lost his life, while his coworker, Mark Vara, 58, from Scottsville, suffered serious injuries. Both men were struck by an eastbound tractor-trailer while working in a designated work zone between exits 47 and 46 on the Thruway.
The tractor-trailer driver failed to slow down and move over as required when approaching the work zone. Despite the fatality and serious injuries caused in this case, the current law dictates that this driver will receive a fine of only $150 unless additional charges are brought.
In addition to the $150 fine for a first offense, current law provides for a $300 fine for a second offense within 18 months, and $450 for a third offense within 18 months.
“The tragic loss of Mr. Giammarva and the serious injuries sustained by Mark Vara underscore the urgent need for reform. Current penalties are too weak to be a deterrent. Lives are at stake when motorists ignore the law and we need penalties that reflect that,” said Senator Borrello.
Senate Bill S9883 would increase penalties for failure to move over or slow down when there is a stopped vehicle on the roadway. Under this amendment, a first conviction would result in a fine of $450. A second conviction within 18 months would increase the fine to $600 and add 6 points to the driver’s license, making the driver liable for a Driver Responsibility Assessment in addition to the $600 fine. A third conviction within 18 months can lead to a fine of $750, imprisonment for up to one year, or both, depending on the severity of the infraction.
“While nothing can undo the Giammarva family’s loss of a beloved husband and father, these measures are aimed at strengthening our worker safety laws, thereby raising the public’s awareness of the gravity of this problem. We saw the effect that stronger drunk driving laws and penalties had in combatting impaired driving. In 1980 there were around 28,000 drunk driving deaths in the U.S. while in 2020, there were 11,654. While that is still too many, the decrease resulting from stronger laws was undeniable. Reckless motorists in worker safety zones are just as much a threat to life and safety, which is why I have introduced these laws,” concluded Senator Borrello.
Press release from the Genesee County Sheriff's Office:
The Governor has signed into law amendments to the Vehicle and Traffic Law extending the current "Move-Over" law which require drivers approaching stopped police, emergency or hazard vehicles with their lights flashing to slow down and, if on a divided highway, to move over at least one lane away from that vehicle if traffic conditions allow.Below is a summary of these amendments, which become effective Jan. 17 (180 days after new law was signed).
It is important to understand that the purpose of this law is to increase the safety of those people who are working on the shoulder and along the edge of the road. Slowing down and putting distance between your passing vehicle and people in close proximity to any road increases the time you have to react.
However, moving over should never endanger others on the highway. Sudden movement or braking in an attempt to "move over" when it is not safe to do so must be avoided. When you see emergency or hazard lights ahead, immediately assess the traffic around you and plan a safe and gradual movement while using proper signals.
Our roads and highways are a wonderful convenience but they are also one of the most dangerous places to be. Please put away all distraction and concentrate on the very serious task of driving.
Chief Deputy Gordon Dibble
From the Law Offices of Mark C. Butler, PLLC, Williamsville
Client Advisory Regarding New "Move Over" Law for Parked, Stopped or Standing Vehicles Displaying a Blue or Green Light:
Dear Client:
Yesterday (July 21) theGovernor signed into law amendments to the Vehicle and Traffic Law ("VTL") extending the current "Move-Over" law, which requires drivers approaching stopped police, mergency or hazard vehicles with their lights flashing to slow down and, if on a divided highway, to move over at least one lane away from that vehicle if traffic conditions allow.
The new provisions extend that law to vehicles operated by volunteer firefighters and volunteer ambulance workers involved in roadside emergency operations, which are displaying revolving blue or green lights as authorized by law.
The law amends three sections of the VTL, principally section 1144-a by creating a new subsection (c) that requires in relevant part "Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light ... or a green light ... which is parked, stopped or standing on the shoulder or any portion of such highway. 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 should where such vehicle displaying a blue light or a green light ... [that] is parked, stopped or standing to another lane..."
(The new law is included in Chapter 97 of the Laws of 2016.)
The letter continues...
Our counsel is that this new law should be read narrowly: that it applies ONLY to fire and EMS vehicles with an authorized blue or green light as the case may be which are PARKED, STOPPED or STANDING.This law does NOT apply to such vehicles while moving!
As with the original "Move-Over" law, a violation can result in a fine between $150 and $400 and/or up to 45 days imprisonment as well as DMV administrative penalities.
As motorists take to the roads this Memorial Day holiday, State Police are urging everyone to buckle up. Now through June 5th, law enforcement officials will be out in full force, taking part in the 2016 National Click It or Ticket seat belt enforcement mobilization and cracking down on motorists who are not belted.
Law enforcement agencies across Western New York will join forces to provide increased seat belt enforcement. The campaign aims to send a zero-tolerance message to the public: driving or riding unbuckled will result in a ticket, no matter what state.
According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), 9,385 passenger vehicle occupants killed in 2014 were not wearing their seat belts at the time of the crash. Statistically unbelted fatalities are more prevalent at night than during the daytime: 58 percent of those killed in 2014 during the overnight hours of 6 p.m. to 5:59 a.m. were unbelted at the time of the crash.
Thousands of Americans are alive today because a seat belt saved them during a crash. In 2014, the use of seat belts in passenger vehicles saved an estimated 12,802 lives. From 2010 to 2014, seat belts saved an estimated 63,000 lives.
For more on the national Click It or Ticket mobilization, visit www.nhtsa.gov.
As the kids head back to school, Genesee County Undersheriff William Sheron reminds parents, commuters, kids and teens to make safety a priority and provides the following safety tips to review and share.
Know New York’s School Bus Law:
It is illegal to pass a stopped school bus when the large red lights are flashing, even on divided and multilane highways and on school grounds.
You must stop whether you are approaching the school bus from the front or overtaking it from the rear.
Drive Safely:
Obey signs, signals, and crossing guards in school zones.
Slow down, especially around bus stops, in school zones and during before and after school hours.
Stay alert behind the wheel. Avoid use of electronic devices and other distracting behaviors while driving.
Look for and expect to see pedestrians and bicyclists, especially before and after school.
Remind Walkers to:
Walk on the sidewalk if one is available; if there is no sidewalk, walk facing oncoming traffic.
Pay attention when walking. Avoid texting, talking on the phone, and using headphones.
Look left, right, then left again before crossing the street. Never cross the street while using an electronic device.
Cross only at crosswalks.
At the Bus Stop, Remind Children to:
Stay three giant steps (six feet) away from the curb when waiting for the bus; and wait until the driver says to board.
Quickly board the school bus, find a seat, sit facing the front, and do what the school bus driver.
Getting off the bus, wait for the driver to signal it is safe to cross. Then cross at least five giant steps (10 feet) away from the front of the bus. Look left-right-left for traffic.
Genesee County STOP DWI Coordinator Matt Landers today announced the launch of the new, free “Have A Plan” mobile app that encourages people to have a plan to get home safely if they are impaired by alcohol or drugs.
The app is a valuable tool in helping reduce accidents and injuries caused by impaired drivers.
It operates on iPhone, Android and Windows platforms, and targets the 18-34 age range with features such as an ability to preload a list of designated drivers, find a taxi cab via GPS, an alcohol impairment estimator, various motor skills tests to assess impairment level and a "Report DWI" button that connects users to their local 9-1-1 service.
The app also offers a list of DWI facts and myths, access to STOP-DWI social media sites such as Twitter, Facebook and YouTube, as well as a RSS feed to get the latest news on impaired driving.
“The ‘Have A Plan’ app will be important in the effort to prevent impaired driving," Landers said. "We want people to enjoy themselves, but we also want them to get home safely. This app helps its users do that by placing a tool in the hands of a potentially impaired driver to find a safe way home.”
Developed by STOP-DWI New York and Staples Marketing under a grant from the New York State Governor’s Traffic Safety Committee, “Have A Plan” is one of the most comprehensive traffic safety mobile apps in the country. Users can download the “Have A Plan” app by visiting www.stopdwi.org/mobile app and selecting the link for the Apple Store, Google Play, or the Windows Phone Store.
“I urge drivers to make advance plans to get a sober ride home from a friend, family or by taxi. The new “Have A Plan’ app can help guide individuals to make the right choice to get home safely. Don’t put yourself or others in harm’s way by driving while impaired,” said Coordinator Landers.
STOP-DWI, which stands for ‘Special Traffic Operations Program for Driving While Intoxicated, was created by the State Legislature in 1981 to empower county governments to coordinate local efforts to reduce alcohol and other drug-related traffic crashes within the context of a comprehensive and financially self-sustaining alcohol and highway safety program.
You can follow the Genesee County STOP-DWI program on Facebook and receive more information on the mobile app along with other useful information.
