PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of 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 chapter 45 of the Laws of 2006.
Text of final rule:
Subdivision (a) of Section 44.4 is amended to read as follows:
(a)(1) 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 a police vehicle unless such vehicle also displays one or more red, or combination red and white lights as otherwise authorized in this section.
(2) 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 paragraph (2) of subdivision (a) 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 (d) of Section 44.4 is amended to read as follows:
(d) A green light may not be affixed, nor may the authorization be given to do so, to a vehicle described in paragraph (2) of subdivision (a) where an ambulance service is operated by and is a function of a volunteer fire department or company.
Subdivision (f) of Section 44.4 is amended to read as follows:
(f) A green light may be affixed to a vehicle, other than a police 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 as provided in paragraph (1) of subdivision (a), 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 by adding a new paragraph (10) to read as follows:
(10) The provisions of this subdivision shall not apply to a police vehicle.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 44.4(a), (c), (d), (f), (h) and (k).
Text of rule and any required statements and analyses may be obtained from:
Michele L. Welch, Counsel's Office, 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
Job Impact Statement
A Job Impact Statement that was included in the original filing states that there will be no impact on jobs as a result of the adoption of this regulation. The revised proposal will also have no impact on jobs. The regulation merely authorizes the display of blue lights on police vehicles, and neither the original nor the revised proposal will have any impact on jobs.
