New York Vehicle and Traffic Law (VTL) §1103 is an exception to the general rule that drivers and owners of vehicles will be found liable for damages proximately caused by their negligent acts. This exception protects drivers of hazard vehicles (street sweepers, snowplows, e.g.) from being held to an ordinary negligence standard while performing work on a publicly owned and maintained thoroughfare, accessible to the general public for vehicular travel.1 The protection applies when the operators of “hazard vehicles” are actually engaged in “hazardous operations” on or adjacent to a highway by holding them to a heightened reckless disregard standard of care.
VTL §1103 also controls when these vehicles are traveling to or from such hazardous operations; however, in those moments drivers are operating as general residents of the road, not in their capacity as hazard vehicle operator, and subject to the general negligence standard.
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