VTL 1144AB “Failed Due Care For Hazard Vehicle“

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.

This is the “little brother” of VTL 1144AA. “AA” concerns emergency vehicle 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.

This violation carried two points so it may affect your insurance premiums. The Benjamin Goldman Law Office has handled these tickets with positive results. Feel free to contact us if you were charged with VTL 1144AB.