Vehicle & Traffic Law § 1144-AB,“Failed Due Care For Hazard Vehicle“

Vehicle & Traffic Law § 1144-AB is the “little brother” of Vehicle & Traffic Law 1144-a(a). “AA” concerns emergency vehicles such as police cars and ambulances and “AB” concerns tow trucks. As opposed to AA, this violation is rarely ticketed.

The basic idea behind this law is that tow truck drivers are in danger when dealing with a disabled car on the side of the road. There have been instances where tow truck drivers were killed by passing cars. The law now requires motorists traveling on multi-lane highways to move out of the right-hand lane when there is a hazard vehicle on the shoulder with its yellow lights on. If moving over is not possible the motorist must slow down to a reasonable speed for the given circumstances.

VTL 1144- AB “Failed Due Care For Hazard Vehicle Stopped or Standing“ is a 2-point ticket. The fine is up to the judge with the maximum being $150 + $93 surcharge. There may be higher fines and fees with previous violations on your record. Most importantly this violation will appear on your driving record and will likely impact your insurance rates for several years.

Statute

The wording of the relevant statute is as follows:

Every operator of a motor vehicle shall exercise due care to avoid colliding with a hazard vehicle which is parked, stopped or standing on the shoulder or on any portion of such highway and such hazard vehicle is displaying one or more amber lights pursuant to the provisions of paragraph three 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 hazard vehicle displaying one or more amber lights pursuant to the provisions of paragraph three 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 and eleven hundred twenty-eight of this title.

Challenging a 1144AB Ticket

If you were cited with this ticket, you may want to contact an attorney before you take action. Not handling your ticket properly can result in a fine, points on your license, and increased insurance rates. An attorney can go to court in your place and an attorney is in the best position to obtain the optimal disposition. You can challenge your ticket even if the allegations are true. For more detailed information, you can contact the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The attorneys at the Benjamin Goldman Law Office have specific experience fighting 1144ab tickets. Our records show that as of December of 2024 we have been able to get them all dismissed or reduced to parking tickets. The Benjamin Goldman Law Office is a law firm that is dedicated to traffic ticket defense. We help motorists in all areas of New York State. Our firm takes on cases in North County, Capital District, Hudson Valley, Upstate New York, New York City, Long Island, Catskills, Southern Tier, Central New York, Mohawk Valley, and Western New York. The team at the Benjamin Goldman Law Office welcomes new cases and will be glad to review your tickets. Contact us at your convenience via phone call, text message, or email.

Fight a VTL § 1144-AB Ticket