VTL 1144-AB,“Failed Due Care For Hazard Vehicle“

Written By: Benjamin Goldman, Esq.

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.

VTL 1144-AB is the “little brother” ofVTL 1144-AA. “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.

If you were cited with this ticket, you may want to contact an attorney before you take action. We will be glad to discuss this ticket with you. Our firm has seen much success in getting such charges reduced to parking tickets or dismissed entirely. We provide all motorists with a free consultation.

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.

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