Senate Bill S842

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

                                   842

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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  requiring
  accident  reports to indicate whether a mobile phone was in use at the
  time of the accident

  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. SUCH REPORT SHALL DISTINCTLY INDICATE AND INCLUDE  INFORMATION
AS  TO  WHETHER A MOBILE TELEPHONE, AS SUCH TERM IS DEFINED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C  OF  THIS
CHAPTER,  WAS  IN USE AT THE TIME OF SAID ACCIDENT. Nothing contained in

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

                                                           LBD03656-01-1

S. 842                              2

this subdivision shall be deemed  to  preclude  a  police  officer  from
reporting any other accident which, in the judgment of such police offi-
cer,  would be required to be reported to the commissioner by the opera-
tor of a vehicle pursuant to section six hundred five of this article.
  S  2. This act shall take effect on the one hundred eightieth day from
the date it shall have become a law, provided,  however,  any  rules  or
regulations  necessary  for the implementation of the provisions of this
act on its effective date shall be promulgated on or before such date.