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Article 26 - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title VII ›
• Article 26

S 1140. Vehicle approaching or entering intersection.  (a) The driver
of a vehicle approaching an intersection shall yield the right of way to
a vehicle which has entered the intersection from a different highway.
  (b) When two vehicles enter an intersection from different highways at
approximately the same time the driver of the vehicle on the left shall
yield the right of way to the vehicle on the right.
  (c) The right of way rules declared in subsections (a) and (b) are
modified at through highways and otherwise as stated in this title.

S 1141. Vehicle turning left.  The driver of a vehicle intending to
turn to the left within an intersection or into an alley, private road,
or driveway shall yield the right of way to any vehicle approaching from
the opposite direction which is within the intersection or so close as
to constitute an immediate hazard.

S 1142. Vehicle entering stop or yield intersection.  (a) Except when
directed to proceed by a police officer, every driver of a vehicle
approaching a stop sign shall stop as required by section eleven hundred
seventy-two and after having stopped shall yield the right of way to any
vehicle which has entered the intersection from another highway or which
is approaching so closely on said highway as to constitute an immediate
hazard during the time when such driver is moving across or within the
intersection.
  (b) The driver of a vehicle approaching a yield sign shall in
obedience to such sign slow down to a speed reasonable for existing
conditions, or shall stop if necessary as provided in section eleven
hundred seventy-two, and shall yield the right of way to any pedestrian
legally crossing the roadway on which he is driving, and to any vehicle
in the intersection or approaching on another highway so closely as to
constitute an immediate hazard during the time such driver is moving
across or within the intersection. Provided, however, that if such
driver is involved in a collision with a pedestrian in a crosswalk or a
vehicle in the intersection after driving past a yield sign without
stopping, such collision shall be deemed prima facie evidence of his
failure to yield the right of way.

S 1143. Vehicle entering roadway.  The driver of a vehicle about to
enter or cross a roadway from any place other than another roadway shall
yield the right of way to all vehicles approaching on the roadway to be
entered or crossed.

S 1144. Operation of vehicles on approach of authorized emergency
vehicles.  (a) Upon the immediate approach of an authorized emergency
vehicle equipped with at least one lighted lamp exhibiting red light
visible under normal atmospheric conditions from a distance of five
hundred feet to the front of such vehicle other than a police vehicle or
bicycle when operated as an authorized emergency vehicle, and when
audible signals are sounded from any said vehicle by siren, exhaust
whistle, bell, air-horn or electronic equivalent; the driver of every
other vehicle shall yield the right of way and shall immediately drive
to a position parallel to, and as close as possible to the right-hand
edge or curb of the roadway, or to either edge of a one-way roadway
three or more lanes in width, clear of any intersection, and shall stop
and remain in such position until the authorized emergency vehicle has
passed, unless otherwise directed by a police officer.
  (b) This section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with reasonable care
for all persons using the highway.

S 1144-a. Operation of vehicles when approaching a parked, stopped or
  standing authorized emergency  vehicle  or  hazard  vehicle.  (a)  Every
  operator  of  a motor vehicle shall exercise due care to avoid colliding
  with an  authorized  emergency  vehicle  which  is  parked,  stopped  or
  standing  on  the  shoulder  or  any  portion  of  such highway and such
  authorized  emergency  vehicle  is  displaying  one  or  more   red   or
  combination red and white lights pursuant to the provisions of paragraph
  two  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 authorized emergency vehicle displaying one or more
  red or combination red and white lights pursuant to  the  provisions  of
  paragraph   two  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  of this title and eleven
  hundred twenty-eight of this title.
    (b) 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.

S 1145. Vehicle approaching rotary traffic circle or island.  Except
where a traffic control device directs otherwise, the driver of a
vehicle approaching or about to enter a rotary traffic circle or island
shall yield the right of way to any vehicle already traveling on such
circle or around such island.

S 1146. Drivers   to   exercise  due  care.  (a)  Notwithstanding  the
  provisions of any other law to the contrary, every driver of  a  vehicle
  shall   exercise  due  care  to  avoid  colliding  with  any  bicyclist,
  pedestrian, or domestic animal upon any roadway and shall  give  warning
  by  sounding  the horn when necessary. For the purposes of this section,
  the term "domestic animal" shall mean domesticated  sheep,  cattle,  and
  goats which are under the supervision and control of a pedestrian.
    (b)  1.  A  driver  of  a  motor vehicle who causes physical injury as
  defined in article ten of the penal law to  a  pedestrian  or  bicyclist
  while  failing  to  exercise due care in violation of subdivision (a) of
  this section, shall be guilty of a traffic infraction  punishable  by  a
  fine  of  not  more than five hundred dollars or by imprisonment for not
  more than fifteen days or by both such fine and imprisonment.
    2. If such driver of a motor  vehicle  causes  physical  injury  while
  failing  to  exercise  due  care in violation of subdivision (a) of this
  section, then there shall be a rebuttable presumption that, as a  result
  of  such  failure  to  exercise due care, such person operated the motor
  vehicle in a manner that caused such physical injury.
    (c) 1. A driver of a motor vehicle who causes serious physical  injury
  as  defined in article ten of the penal law to a pedestrian or bicyclist
  while failing to exercise due care in violation of  subdivision  (a)  of
  this  section,  shall  be guilty of a traffic infraction punishable by a
  fine of not more than seven hundred fifty dollars or by imprisonment for
  not more than fifteen days or  by  required  participation  in  a  motor
  vehicle  accident  prevention  course  pursuant  to  paragraph  (e-1) of
  subdivision two of section 65.10 of the penal law or by any  combination
  of  such fine, imprisonment or course, and by suspension of a license or
  registration pursuant to subparagraph (xiv) or (xv) of  paragraph  b  of
  subdivision two of section five hundred ten of this chapter.
    2.  If  such  driver of a motor vehicle causes serious physical injury
  while failing to exercise due care in violation of  subdivision  (a)  of
  this  section,  then  there shall be a rebuttable presumption that, as a
  result of such failure to exercise due care, such  person  operated  the
  motor vehicle in a manner that caused such serious physical injury.
    (d) A violation of subdivision (b) or (c) of this section committed by
  a  person  who  has  previously  been convicted of any violation of such
  subdivisions within the preceding five years, shall constitute a class B
  misdemeanor punishable by a fine of not more than one  thousand  dollars
  in addition to any other penalties provided by law.
    (e)  Nothing  contained  in  this section shall prevent the court from
  imposing  any  other  authorized  disposition,  including  a  period  of
  community service.

S 1146-a. Approaching horses. 1. Notwithstanding the provisions of any
other law to the contrary, every driver of a vehicle shall exercise due
care to avoid colliding with any horse being ridden or led along a
public highway.
  2. Every driver of a vehicle shall approach a horse being ridden or
led along a public highway at a reasonable and prudent speed so as to
avoid frightening such horse and shall pass the horse at a reasonable
distance.
  3. No driver of a vehicle shall sound the horn when approaching or
passing a horse on a public highway.

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