senate Bill S1311

Relates to accident and investigation reports

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Relates to accident and investigation reports and requires reports submitted to the commissioner of motor vehicles to include an enumeration of any convictions on the operating record of the operator of each motor vehicle involved in an accident.

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Bill Details

See Assembly Version of this Bill:
A3142
Versions:
S1311
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง603 & 603-a, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4432, A294
2009-2010: A11633, A11633

Sponsor Memo

BILL NUMBER:S1311

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to requirements for
accident and investigation reports

PURPOSE:
The purpose of this bill is to include information on accident reports
pertaining to prior convictions on the operating record of the
operator of motor vehicles involved in an accident.

SUMMARY OF PROVISIONS:
This legislation amends subdivision 1 of section 603 of the vehicle
and traffic law as amended by chapter 432 of the laws of 1997; and
also amends subdivision 1 of section 603-a of the vehicle and traffic
law as added by chapter 408 of the laws of 2001.

JUSTIFICATION:
Currently, police officers have the discretion to disclose information
about a motorists' prior accident history to a victim of an accident.
Victims have the right to request accident reports, but these reports
do not document prior offenses of the motorists. This legislation
will require accident reports to detail a motorists' accident history
as it relates to the type of offense laid out in the accident report.

LEGISLATIVE HISTORY:
2009-2010: A.11633 - New bill in Senate 2011.
2011-2012: S.4432/A.294

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1311

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to requirements
  for accident and investigation reports

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 603 of the vehicle and traffic
law, as amended by chapter 432 of the laws of 1997, is amended  to  read
as follows:
  1.  Every  police or judicial officer to whom an accident resulting in
injury to a person shall have been reported, pursuant to  the  foregoing
provisions  of this chapter, shall immediately investigate the facts, or
cause the same to be investigated, and report the matter to the  commis-
sioner  forthwith; provided, however, that the report of the accident is
made to the police officer or judicial officer within  five  days  after
such  accident.  Every  coroner, or other official performing like func-
tions, shall likewise make a report to the commissioner with respect  to
all  deaths found to have been the result of motor vehicle or motorcycle
accidents.   Such report shall include  information  on  the  width  and
length  of  trucks,  tractors,  trailers  and semitrailers, which are in
excess of ninety-five inches in width or thirty-four feet in length  and
which  are  involved in such accidents, whether such accident took place
in a work area and whether it was being operated with an  overweight  or
overdimension permit.  Such report shall distinctly indicate and include
information  as  to whether the inflatable restraint system inflated and
deployed.   Nothing contained in this subdivision  shall  be  deemed  to
preclude  a  police  officer from reporting any other accident which, in
the judgment of such police officer, would be required to be reported to
the commissioner by the operator of a vehicle pursuant  to  section  six
hundred  five of this article.  ANY REPORT SUBMITTED TO THE COMMISSIONER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04281-01-3

S. 1311                             2

PURSUANT TO THIS SECTION BY A POLICE OR JUDICIAL OFFICER  SHALL  INCLUDE
AN  ENUMERATION OF ANY CONVICTIONS ON THE OPERATING RECORD OF THE OPERA-
TOR OR OPERATORS OF EACH MOTOR VEHICLE INVOLVED IN SUCH ACCIDENT FOR ANY
VIOLATION OF THIS ARTICLE, TITLE SEVEN OF THIS CHAPTER, OR PROVISIONS OF
THE PENAL LAW FOR WHICH A VIOLATION OF TITLE SEVEN OF THIS CHAPTER IS AN
ESSENTIAL ELEMENT.
  S  2.   Subdivision 1 of section 603-a of the vehicle and traffic law,
as added by chapter 408 of the laws of  2001,  is  amended  to  read  as
follows:
  1.  In  addition  to  the requirements of section six hundred three of
this article, whenever a motor vehicle accident results in serious phys-
ical injury or death to a person, and such accident either is discovered
by a police officer, or reported to a police officer  within  five  days
after  such accident occurred, the police shall conduct an investigation
of such accident. Such investigation shall be conducted for the purposes
of making a determination of the following: the facts and  circumstances
of  the  accident;  the  type  or  types of vehicles involved, including
passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
ed use motorcycles, off-highway motorcycles,  and/or  bicycles;  whether
pedestrians  were  involved; the contributing factor or factors; whether
it can be determined if  a  violation  or  violations  of  this  chapter
occurred,  and if so, the specific provisions of this chapter which were
violated and by whom; and, the cause of such accident, where such  cause
can  be determined. The police shall forward a copy of the investigation
report to the commissioner within five business days of  the  completion
of such report.  ALL INVESTIGATION REPORTS SUBMITTED TO THE COMMISSIONER
PURSUANT TO THIS SECTION SHALL INCLUDE AN ENUMERATION OF ANY CONVICTIONS
ON THE OPERATING RECORD OF THE OPERATOR OR OPERATORS OF EACH MOTOR VEHI-
CLE  INVOLVED  IN SUCH ACCIDENT FOR ANY VIOLATION OF THIS ARTICLE, TITLE
SEVEN OF THIS CHAPTER, OR PROVISIONS  OF  THE  PENAL  LAW  FOR  WHICH  A
VIOLATION OF TITLE SEVEN OF THIS CHAPTER IS AN ESSENTIAL ELEMENT.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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