PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to amend Part 44 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 375(41)
Subject:
Colored lights.
Purpose:
To authorize the affixing and display of blue lights on police vehicles as required by L. 2006, ch. 45.
Text of proposed rule:
Subdivision (a) of Section 44.4 is re-numbered to be subdivision (a-1), and a new subdivision (a) is added to read as follows:
(a) One or more blue lights or combination blue and red lights or combination blue, red and white lights may be affixed to a police vehicle, provided that such blue light or lights shall be displayed on a police vehicle for rear projection only. In the event that the trunk or rear gate of a police vehicle obstructs or diminishes the visibility of other emergency lighting on such vehicle, a blue light may be affixed to and displayed from the trunk, rear gate or interior of such vehicle. Such lights may be displayed on a police vehicle when such vehicle is engaged in an emergency operation. Nothing contained in this subdivision shall be deemed to authorize the use of blue lights on police vehicles unless such vehicles also display one or more red, or combination red and white lights as otherwise authorized in this section.
(a-1) One blue light may be affixed to any motor vehicle owned by a volunteer member of a fire department or on a motor vehicle owned by a member of such person's family residing in the same household or by a business enterprise in which such person has a proprietary interest or by which he is employed.
Subdivision (c) of Section 44.4 is amended to read as follows:
(c) Authorization to affix a blue light to each of the motor vehicles described in subdivision [(a)](a-1) must be in writing, signed by the chief of the fire department or company. Authorization to affix a green light to each of the vehicles described in subdivision (b) must be in writing and signed by the chief officer of the volunteer ambulance service. The authorization given to members of their respective organization may be revoked at any time by the chief officer who issued the same or his successor in office. Such written authority must be carried upon the person of the operator of the vehicle whenever such lights are displayed.
Subdivision (f) of Section 44.4 is amended to read as follows:
(f) [A] Except for police vehicles, a green light may be affixed to a vehicle which is entitled to have a blue light affixed and such blue light is affixed and both are properly authorized.
Subdivision (h) of Section 44.4 is amended to read as follows:
(h) [A] Except for police vehicles, a blue or green light may not be affixed to a vehicle which is entitled to have red lights affixed and one or more red lights are so affixed.
Subdivision (k) of Section 44.4 is amended to read as follows:
(k) A blue or green light affixed to and displayed upon a vehicle pursuant to [the preceding provisions] subdivisions (a-1) or (b) shall also comply with the following:
(1) Only one such light may be displayed which must be visible from in front of such vehicle.
(2) REPEALED 11/6/02.
(3) Such light may not be part of the headlamp system.
(4) No inscription may appear across the face of the lens or dome.
(5) Such light may be a fixed, unidirectional light, either steady or flashing, mounted in front of or behind the grille or anywhere on the vehicle, or a revolving, rotating, oscillating or constantly moving light which must be mounted above the headlamps preferably on the roof to avoid reflected glare or distraction to the operator. If mounted upon the dashboard inside the vehicle, a suitable cover, which may consist of paint, must be used to prevent reflected glare or distraction to the operator.
(6) Such light must consist of a lamp with a blue or green lens and not an uncolored lens with a blue or green bulb, except that a roof-mounted dome unit which does not include a lens, must consist of a blue or green dome and not an uncolored dome with a blue or green bulb.
(7) The lens of such a light must be not less than three inches nor more than six inches in diameter, except that a roof-mounted dome unit which does not include a lens must be not more than nine inches in height.
(8) A roof-mounted dome unit may consist of one or more bulbs or sealed-beam lamps whose light source cannot exceed 32 candlepower.
(9) The affixing of more than one light or lighting device or fixture whereby the lights or lamps are made to flash alternately is prohibited.
Text of proposed rule and any required statements and analyses may be obtained from:
Michele L. Welch, Counsel's Office, Department of Motor Vehicles, Six Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Data, views or arguments may be submitted to:
Sean J. Martin, Assistant Counsel, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This proposed regulation would amend 15 NYCRR Part 44. 4 to authorize the affixing and display of blue lights on police vehicles. The proposal implements Chapter 45 of the Laws of 2006. Prior to this enactment, police vehicles were authorized to affix and display only red, or a combination of red and white lights.
This is a consensus rule because it is a minor change that merely tracks the language set forth in Chapter 45. There are no known objections to this proposal.
Job Impact Statement
A Job Impact Statement is not submitted with this regulation because the authorization for police vehicles to display blue lights shall have no impact on job opportunities in New York State.
