Ambrose-Searles Move Over Act
LAWS OF NEW YORK, 2010
CHAPTER 387

AN ACT to amend the vehicle and traffic law, in relation to enacting the
"Ambrose-Searles move over act"

Became a law August 13, 2010, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Short title. This act shall be known and may be cited as
the "Ambrose-Searles move over act".

§ 2. Subdivision 3 of section 502 of the vehicle and traffic law, as
amended by chapter 692 of the laws of 1985, is amended to read as
follows:

3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while intoxicated, the law
for exercising due care to avoid colliding with a parked, stopped or
standing authorized emergency vehicle pursuant to section eleven hundred
forty-four-a of this chapter,
explanations of traffic signs and symbols
and such other matters as the commissioner may prescribe.

§ 3. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 585 of the laws of
2002, is amended to read as follows:

(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the law relating to exer-
cising due care to avoid colliding with a parked, stopped or standing
authorized emergency vehicle pursuant to section eleven hundred forty-
four-a of this chapter,
the ability to read and comprehend traffic signs
and symbols and such other matters as the commissioner may prescribe,
and to satisfactorily complete a course prescribed by the commissioner
of not less than four hours and not more than five hours, consisting of
classroom driver training and highway safety instruction or the equiv-
alent thereof. Such test shall include at least seven written questions
concerning the effects of consumption of alcohol or drugs on the ability

CHAP. 387 2

of a person to operate a motor vehicle and the legal and financial
consequences resulting from violations of section eleven hundred nine-
ty-two of this chapter, prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test shall include
one or more written questions concerning the devastating effects of
"Road Rage" on the ability of a person to operate a motor vehicle and
the legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another person legally
using the roadway. Such test shall include one or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone. Such test may
include one or more questions concerning the law for exercising due care
to avoid colliding with a parked, stopped or standing authorized emer-
gency vehicle pursuant to section eleven hundred forty-four-a of this
chapter.
Such test shall be administered by the commissioner. The
commissioner shall cause the applicant to take a vision test and a test
for color blindness. Upon passage of the vision test, the application
may be accepted and the application fee shall be payable.

§ 4. The vehicle and traffic law is amended by adding a new section
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.

§ 5. This act shall take effect immediately, provided that:

(a) sections two and three of this act shall take effect September 1,
2010, except that the promulgation of any rules and regulations, and the
taking of any other actions necessary to implement the provisions of
such sections of this act are authorized and directed to be made on or
before the effective date of such sections of this act; and

(b) section four of this act shall take effect January 1, 2011.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.