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

                                  3142

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. HEVESI -- read once and referred 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
PURSUANT  TO  THIS SECTION BY A POLICE OR JUDICIAL OFFICER SHALL INCLUDE

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

A. 3142                             2

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.