Opn. No.

Requestor: Hon. Franklin E. White, Commissioner New York State Department of Transportation State Office Campus, Bldg. 5 Albany, N.Y. 12232

Written by: Robert Abrams, Attorney General

An inquiry by your counsel gives rise to the following question. If a person described in Vehicle and Traffic Law § 1103(b) (hereafter, "V T") fails to exercise "due regard for the safety of all persons . . ." in utilizing an exemption from any of the "Rules of the Road" set forth in the provisions of V T, does a violation of that provision occur. We conclude a violation does not occur.

Title 7 of the V T, entitled…