Amd V & T L, generally; amd §3650-c, Ed L; amd §§396-z & 369-z, Gen Bus L; amd §§3420, 5102, 5106, 5202 &
7602, Art 52 Art Head, Ins L; amd §301-c, Mil L; amd §65.10, Pen L; amd §387, Pub Auth L; amd §66-a, Pub Off
L; amd §89-g, St Fin L; amd §217, Transp L
Replaces each instance of the word accident with the word crash in relation to the vehicle and traffic law.
STATE OF NEW YORK
________________________________________________________________________
3839
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, the education law, the
general business law, the insurance law, the military law, the penal
law, the public authorities law, the public officers law, the state
finance law, and the transportation law, in relation to replacing each
instance of the word accident with the word crash; and to change the
word accident to crash in the vehicle and traffic law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 105-a of the vehicle and traffic law, as added by
2 chapter 303 of the laws of 2014, is amended to read as follows:
3 § 105-a. Car carrier. A truck that is designed to carry one to three
4 motor vehicles on a flat platform that slides or tilts to the ground to
5 facilitate loading and unloading of such motor vehicles and to tow an
6 additional motor vehicle behind it by the use of a wheel lift. For the
7 purposes of this chapter, whenever such car carrier tows or carries a
8 disabled, illegally parked or abandoned motor vehicle or a motor vehicle
9 involved in [an accident] a crash, such car carrier shall be deemed to
10 be a tow truck and shall comply with all provisions of this chapter, and
11 any other law, ordinance, order, rule and regulation, applicable to tow
12 trucks.
13 § 2. Section 107-b of the vehicle and traffic law, as added by chapter
14 552 of the laws of 1994, is amended to read as follows:
15 § 107-b. Commercial towing. The moving or removing of disabled, ille-
16 gally parked, or abandoned motor vehicles or motor vehicles involved in
17 [accidents] crashes, by another motor vehicle, for which there is direct
18 or indirect compensation. Commercial towing shall also include towing by
19 a person, firm, corporation, or other entity pursuant to a contract or
20 other agreement with a political subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04017-01-3
A. 3839 2
1 § 3. Section 114-b of the vehicle and traffic law, as amended by chap-
2 ter 496 of the laws of 2021, is amended to read as follows:
3 § 114-b. Emergency operation. The operation, or parking, of an author-
4 ized emergency vehicle, when such vehicle is engaged in transporting a
5 sick or injured person, transporting prisoners, delivering blood or
6 blood products in a situation involving an imminent health risk, trans-
7 porting human organs and/or medical personnel for the purpose of organ
8 recovery or transplantation in a situation involving an imminent health
9 risk where undue delay would jeopardize such recovery or transplanta-
10 tion, pursuing an actual or suspected violator of the law, or responding
11 to, or working or assisting at the scene of [an accident] a crash,
12 disaster, police call, alarm of fire, actual or potential release of
13 hazardous materials or other emergency. Emergency operation shall not
14 include returning from such service.
15 § 4. Section 148-b of the vehicle and traffic law, as added by chapter
16 552 of the laws of 1994, is amended to read as follows:
17 § 148-b. Tow truck. A motor vehicle that tows or carries a disabled,
18 illegally parked or abandoned motor vehicle or a motor vehicle involved
19 in [an accident] a crash.
20 § 5. Subparagraph (i) of paragraph (i) of subdivision 1 of section 201
21 of the vehicle and traffic law, as amended by section 2 of part E of
22 chapter 60 of the laws of 2005, is amended to read as follows:
23 (i) any [accident] crash reports filed with the commissioner,
24 conviction certificates, police reports, complaints, satisfied judgment
25 records, closed suspension and revocation orders, hearing records, other
26 than audio tape recordings of hearings, significant correspondence
27 relating to any of the same, and any other record on file after remain-
28 ing on file for four years except that if the commissioner shall
29 receive, during the last year of such period of four years, written
30 notice to retain one or more of such papers or documents, the same shall
31 be retained for another four years in addition to said period of four
32 years. The provisions of this paragraph shall not apply to certificates
33 of conviction filed with respect to convictions which affect sentencing
34 or administrative action required by law beyond such four year period.
35 Such certificates may be destroyed after they have no legal effect on
36 sentencing or administrative action;
37 § 6. Subdivision 6 of section 201 of the vehicle and traffic law, as
38 amended by chapter 432 of the laws of 1997, is amended to read as
39 follows:
40 6. Whenever any document referred to in subdivision one of this
41 section is filed with this department when it is not required to be
42 filed and is used by this department for no other purposes, other than
43 for statistics or research, the document shall not be a public record.
44 Provided, however, that [an accident] a crash report filed with this
45 department when it is not required to be filed shall not be a public
46 record except as follows: for use by the state or any political subdi-
47 vision thereof for no other purposes other than for statistics or
48 research relating to highway safety; for any lawful purpose by a person
49 to whom such report pertains or named in such report, or his or her
50 authorized representative; and, for use by any other person, or his or
51 her authorized representative, who has demonstrated to the satisfaction
52 of the commissioner that such person is or may be a party to a civil
53 action arising out of the conduct described in such [accident] crash
54 report.
A. 3839 3
1 § 7. Subdivision 3 of section 202 of the vehicle and traffic law, as
2 amended by chapter 169 of the laws of 1994, is amended to read as
3 follows:
4 3. Fees for copies of documents. The fees for copies of documents,
5 other than [accident] crash reports, shall be one dollar per page. A
6 page shall consist of either a single or double side of any document.
7 The fee for a copy of [an accident] a crash report shall be fifteen
8 dollars. All copies of documents shall be certified at no additional
9 fee. Whenever search of records of the department is required in
10 conjunction with a request for a copy of a document, the fee for such
11 search shall be the fee provided in paragraph (a) of subdivision two of
12 this section. The result of such search will be the locating of the
13 document to be copied, or if no document can be located, a certification
14 to that effect will be the result of the search.
15 § 8. Subdivision 1 of section 220 of the vehicle and traffic law, as
16 added by chapter 574 of the laws of 1969, is amended to read as follows:
17 (1) Notwithstanding any other provision of this chapter or other law,
18 whether general, special or local, the commissioner may permit the
19 installation and use of any item of equipment which he, in his
20 discretion, determines will either reduce [accidents] crashes, injuries
21 and fatalities, or otherwise contribute to highway safety.
22 § 9. Paragraph a of subdivision 4 of section 250 of the vehicle and
23 traffic law, as amended by chapter 305 of the laws of 1995, is amended
24 to read as follows:
25 a. The provisions of this chapter relative to the registration of
26 motor vehicles, motorcycles and trailers and the display of registration
27 numbers shall not apply to a motor vehicle, motorcycle or trailer owned
28 by a non-resident of the state who is a seasonal farm laborer, for a
29 period extending from the first day of April to and including the thir-
30 tieth day of November in each year, provided that the owner thereof
31 shall have complied with the provisions of the law of the foreign coun-
32 try, state, territory or federal district of his residence relative to
33 registration of such motor vehicle, motorcycle or trailer, as the case
34 may be, and the display of registration numbers thereof, and provided
35 further that the owner thereof shall furnish proof to the commissioner
36 that such owner has in effect with respect to such motor vehicle an
37 automobile liability policy issued by an insurance company authorized to
38 do business in this state or by an unauthorized insurer authorized to
39 transact business in the jurisdiction of his residence in at least the
40 amount of twenty-five thousand dollars because of bodily injury to or
41 fifty thousand dollars because of death of one person in any one [acci-
42 dent] crash and, subject to said limit for one person, in at least the
43 amount of fifty thousand dollars because of bodily injury to or one
44 hundred thousand dollars because of death of two or more persons in any
45 [accident] crash, and in at least the amount of ten thousand dollars
46 because of injury to or destruction of property of others in any one
47 [accident] crash.
48 § 10. Subdivision 1 of section 253 of the vehicle and traffic law, as
49 amended by chapter 216 of the laws of 1992, is amended to read as
50 follows:
51 1. The use or operation by a non-resident of a vehicle in this state,
52 or the use or operation in this state of a vehicle in the business of a
53 non-resident, or the use or operation in this state of a vehicle owned
54 by a non-resident if so used or operated with his permission, express or
55 implied, shall be deemed equivalent to an appointment by such non-resi-
56 dent of the secretary of state to be his true and lawful attorney upon
A. 3839 4
1 whom may be served the summons in any action against him, growing out of
2 any [accident] crash or collision in which such non-resident may be
3 involved while using or operating such vehicle in this state or in which
4 such vehicle may be involved while being used or operated in this state
5 in the business of such non-resident or with the permission, express or
6 implied, of such non-resident owner; and such use or operation shall be
7 deemed a signification of his agreement that any such summons against
8 him which is so served shall be of the same legal force and validity as
9 if served on him personally within the state and within the territorial
10 jurisdiction of the court from which the summons issues, and that such
11 appointment of the secretary of state shall be irrevocable and binding
12 upon his executor or administrator. Where such non-resident has died
13 prior to the commencement of an action brought pursuant to this section,
14 service of process shall be made on the executor or administrator of
15 such non-resident in the same manner and on the same notice as is
16 provided in the case of the non-resident himself. Where an action has
17 been duly commenced under the provisions of this section against a non-
18 resident who dies thereafter, the court must allow the action to be
19 continued against his executor or administrator upon motion with such
20 notice as the court deems proper.
21 § 11. Section 254 of the vehicle and traffic law, as amended by chap-
22 ter 418 of the laws of 1964, is amended to read as follows:
23 § 254. Service of summons on residents who depart from state and on
24 residents' executors or administrators who are nonresidents or who
25 depart from state. The provisions of section two hundred fifty-three of
26 this chapter shall also apply (a) to a resident who departs from the
27 state subsequent to the [accident] crash or collision and remains absent
28 therefrom for thirty days continuously, whether such absence is intended
29 to be temporary or permanent, and to any executor or administrator of
30 such resident, and (b) to an executor or administrator of a resident if
31 such executor or administrator is a nonresident or if, being a resident,
32 he departs from the state and remains absent therefrom for thirty days
33 continuously, whether such absence is intended to be temporary or perma-
34 nent.
35 § 12. Section 301-a of the vehicle and traffic law, as added by chap-
36 ter 634 of the laws of 1973, and subdivision 1 as amended by chapter 608
37 of the laws of 1993, is amended to read as follows:
38 § 301-a. Re-inspection of motor vehicles involved in certain [acci-
39 dents] crashes. 1. The commissioner may require that a motor vehicle
40 registered in this state or elsewhere which is required to be inspected,
41 be re-inspected after it is involved in a property damage [accident]
42 crash which is required to be reported to the motor vehicle department.
43 Such re-inspection shall be made within sixty days of the date of the
44 [accident] crash if the motor vehicle is driven away from the [accident]
45 crash site. Such re-inspection shall be made before the vehicle is oper-
46 ated on the public highways if the motor vehicle is towed or transported
47 from the [accident] crash site, except that a motor vehicle may be driv-
48 en from a repair shop to an inspection station for the purpose of being
49 re-inspected.
50 2. The owner of a car so damaged shall be required to submit to the
51 department within the same time limit as provided in subdivision one of
52 this section satisfactory proof of re-inspection pursuant to rules and
53 regulations to be promulgated by the commissioner.
54 3. Failure to submit such proof of re-inspection as herein provided
55 shall constitute ground for suspension or revocation of his privileges
A. 3839 5
1 of operating a motor vehicle in this state and of the operation within
2 this state of any motor vehicle owned by him.
3 § 13. Subdivision 2 of section 310 of the vehicle and traffic law is
4 amended to read as follows:
5 (2) Declaration of purpose. The legislature is concerned over the
6 rising toll of motor vehicle [accidents] crashes and the suffering and
7 loss thereby inflicted. The legislature determines that it is a matter
8 of grave concern that motorists shall be financially able to respond in
9 damages for their negligent acts, so that innocent victims of motor
10 vehicle [accidents] crashes may be recompensed for the injury and finan-
11 cial loss inflicted upon them. The legislature finds and declares that
12 the public interest can best be served in satisfying the insurance
13 requirements of this article by private enterprise operating in a
14 competitive market to provide proof of financial security through the
15 methods prescribed herein.
16 § 14. Paragraph (a) of subdivision 4 of section 311 of the vehicle and
17 traffic law, as amended by chapter 305 of the laws of 1995, is amended
18 to read as follows:
19 (a) Affording coverage as defined in the minimum provisions prescribed
20 in a regulation which shall be promulgated by the superintendent at
21 least ninety days prior to effective date of this act. The superinten-
22 dent before promulgating such regulations or any amendment thereof,
23 shall consult with all insurers licensed to write automobile liability
24 insurance in this state and shall not prescribe minimum provisions which
25 fail to reflect the provisions of automobile liability insurance poli-
26 cies, other than motor vehicle liability policies as defined in section
27 three hundred forty-five of this chapter, issued within this state at
28 the date of such regulation or amendment thereof. Nothing contained in
29 such regulation or in this article shall prohibit any insurer from
30 affording coverage under an owner's policy of liability insurance more
31 liberal than that required by said minimum provisions. Every such
32 owner's policy of liability insurance shall provide insurance subject to
33 said regulation against loss from the liability imposed by law for
34 damages, including damages for care and loss of services, because of
35 bodily injury to or death of any person and injury to or destruction of
36 property arising out of the ownership, maintenance, use, or operation of
37 a specific motor vehicle or motor vehicles within the state of New York,
38 or elsewhere in the United States in North America or the Dominion of
39 Canada, subject to a limit, exclusive of interest and costs, with
40 respect to each such motor vehicle except a tow truck, of twenty-five
41 thousand dollars because of bodily injuries to and fifty thousand
42 dollars because of death of one person in any one [accident] crash and,
43 subject to said limit for one person, to a limit of fifty thousand
44 dollars because of bodily injury to and one hundred thousand dollars
45 because of death of two or more persons in any one [accident] crash, and
46 to a limit of ten thousand dollars because of injury to or destruction
47 of property of others in any one [accident] crash provided, however,
48 that such policy need not be for a period coterminous with the registra-
49 tion period of the vehicle insured. The limit, exclusive of interest and
50 costs, with respect to a tow truck shall be a combined single limit of
51 at least three hundred thousand dollars because of bodily injury or
52 death to one or more persons or because of injury or destruction of
53 property of others in any one [accident] crash, and to a limit of twen-
54 ty-five thousand dollars because of damage to a vehicle in the care,
55 custody and control of the insured. Any insurer authorized to issue an
56 owner's policy of liability insurance as provided for in this article
A. 3839 6
1 may, pending the issue of such a policy, make an agreement, to be known
2 as a binder, or may, in lieu of such a policy, issue a renewal endorse-
3 ment or evidence of renewal of an existing policy; each of which shall
4 be construed to provide indemnity or protection in like manner and to
5 the same extent as such a policy. The provisions of this article shall
6 apply to such binders, renewal endorsements or evidences of renewal.
7 Every such policy issued insuring private passenger vehicles and every
8 renewal policy, renewal endorsement, or other evidence of renewal issued
9 shall have attached thereto a rating information form which clearly
10 specifies and defines the rating classification assigned thereto,
11 including any applicable merit rating plan; and
12 § 15. Subdivision 1 of section 315 of the vehicle and traffic law is
13 amended to read as follows:
14 1. The commissioner, upon the surrender of the registration and number
15 plates for a motor vehicle for which a financial security bond or depos-
16 it was accepted by the commissioner, shall permit the cancellation of
17 any such bond or shall direct that any such deposit be returned by the
18 commissioner of taxation and finance. The commissioner shall not release
19 such bond or deposit in the event any action for damages upon a liabil-
20 ity referred to in this article is then pending or any judgment upon any
21 such liability then outstanding and unsatisfied, or in the event the
22 commissioner has received notice that such person has within the period
23 of three months immediately preceding been involved as a driver in any
24 motor vehicle [accident] crash. An affidavit of the applicant of non-
25 existence of such facts shall be sufficient evidence thereof in the
26 absence of evidence to the contrary in the records of the bureau.
27 § 16. Section 316 of the vehicle and traffic law, the third undesig-
28 nated paragraph as amended by chapter 511 of the laws of 1999, and the
29 fourth undesignated paragraph as added by chapter 316 of the laws of
30 1972, is amended to read as follows:
31 § 316. Self-insurers. The commissioner, in his discretion, may upon
32 the application of a person having registered in his name in this state
33 more than twenty-five motor vehicles, issue a certificate of self-insu-
34 rance when he is reasonably satisfied that such person is possessed and
35 will continue to be possessed of financial ability to respond to judg-
36 ments obtained against such person, arising out of the ownership, main-
37 tenance, use or operation of any such person's motor vehicles. Upon due
38 notice and hearing, the commissioner may, in his discretion and upon
39 reasonable grounds, cancel a certificate of self-insurance.
40 As a condition to the issuance of a certificate of self-insurance, the
41 registrant shall pay annually in addition to any other fee prescribed by
42 this chapter, a fee of one dollar and fifty cents for each motor vehicle
43 registered in his name and the aggregate amount of such fees shall be
44 applied in reduction of the assessment levied pursuant to section three
45 hundred seventeen of this article.
46 As a further condition to the issuance of a certificate of self-insu-
47 rance, the registrant shall pay annually in addition to any other fee
48 prescribed by this chapter, an amount per vehicle to be determined by
49 the Motor Vehicle [Accident] Crash Indemnification Corporation pursuant
50 to section five thousand two hundred seven of the insurance law for each
51 motor vehicle registered in his name and the aggregate amount of such
52 fees shall be transmitted by the commissioner to the Motor Vehicle
53 [Accident] Crash Indemnification Corporation continued pursuant to
54 section five thousand two hundred three of the insurance law to be
55 applied in reduction of assessments levied by said corporation pursuant
56 to section five thousand two hundred seven of the insurance law.
A. 3839 7
1 Notwithstanding the provisions of any other section, for the purposes
2 of this section, the term "motor vehicle" shall include "snowmobiles" as
3 defined by subdivision [six of § 8-0105 of the conservation law] one of
4 section twenty-two hundred twenty-one of this chapter.
5 § 17. Subdivision 9 of section 318 of the vehicle and traffic law, as
6 amended by chapter 1025 of the laws of 1971, is amended to read as
7 follows:
8 9. (a) If a motor vehicle has been involved in [an accident] a crash,
9 and its registration or the driver's license of its operator, or both,
10 have been revoked pursuant to this section, then neither such vehicle
11 nor any other motor vehicle shall be registered or reregistered in the
12 name of its owner or of any other person legally responsible for its
13 use, nor shall any driver's license be issued to such owner, person or
14 operator until one year has passed since the date of such revocation
15 and, as the case may be, the commissioner has received the payments and
16 evidence required by paragraph (c) [below] of this subdivision.
17 (b) If a motor vehicle not registered in this state is involved in [an
18 accident] a crash in this state and the privilege of its operation with-
19 in this state has been revoked, then neither its owner, any person
20 legally responsible for its use nor its operator shall exercise the
21 privilege of the operation of such vehicle within this state or the
22 privilege of operation within this state of any motor vehicle, until one
23 year has passed since the date of revocation and, as the case may be,
24 the commissioner has received the payments and evidence as required in
25 paragraph (c) [below] of this subdivision.
26 (c) The payments and evidence referred to in paragraphs (a) and (b)
27 [above] of this subdivision shall be evidence, satisfactory to the
28 commissioner,
29 (1) That no cause of action based upon such [accident] crash against
30 such owner, person legally responsible or operator has been commenced
31 within a period of one year from the date of the [accident] crash or a
32 release thereof has been given to such owner, person or operator, or
33 (2) That no judgment arising out of such cause of action for amounts
34 within the limits stated in paragraph (a) of subdivision four of section
35 three hundred eleven of this article against such owner, person or oper-
36 ator remains unsatisfied, except that such registration and licensing
37 privileges may be restored on compliance with the procedures permitting
38 the payment of a judgment in installments provided in section three
39 hundred thirty-four of this title, and
40 (3) That all civil penalties required to be paid to the department
41 pursuant to the provisions of subdivision five of section three hundred
42 nineteen of this [chapter] article have been paid.
43 § 18. Paragraph (a) of subdivision 11 of section 318 of the vehicle
44 and traffic law, as amended by chapter 735 of the laws of 1970, is
45 amended to read as follows:
46 (a) Where the license or privileges of any person, or the registration
47 of a motor vehicle registered in his name, has been suspended or revoked
48 under this article [six of this chapter], and the motor vehicle [acci-
49 dent] crash indemnification corporation or an insurer has paid any
50 amount towards satisfaction of a judgment against such person, or has
51 obtained a judgment against such person as a result of payments made to
52 third parties such license, privileges or registration shall be
53 suspended, or the suspension or revocation thereof shall be continued,
54 as provided in this subdivision.
55 § 19. Paragraphs (a) and (c) of subdivision 12 of section 318 of the
56 vehicle and traffic law, paragraph (a) as amended by chapter 843 of the
A. 3839 8
1 laws of 1980, and paragraph (c) as amended by chapter 805 of the laws of
2 1984, are amended to read as follows:
3 (a) If the owner or operator of a motor vehicle in any manner involved
4 in [an accident] a crash occurring in this state resulting in death or
5 bodily injuries to any person fails to produce satisfactory evidence as
6 proof of financial security within forty-eight hours after the [acci-
7 dent] crash, the motor vehicle shall be subject to impoundment and any
8 peace officer, acting pursuant to his special duties, or any police
9 officer is authorized to impound and store such motor vehicle. If said
10 motor vehicle is subject to impoundment and is not so impounded, the
11 owner or his representative shall cause said motor vehicle to be stored
12 in a public garage or storage place in this state as selected by the
13 owner or representative and shall continue such storage for the period
14 of time provided in this section. The aforementioned storage shall
15 constitute "impoundment" within the meaning of this section. The cost of
16 storage of any such impounded motor vehicle shall be borne by the owner.
17 So long as the impoundment is in force no person shall remove the
18 impounded vehicle or permit it to be removed from its place of impound-
19 ment except upon the order of the commissioner.
20 (c) The impoundment shall continue until (1) there is a final disposi-
21 tion of the claim for death or bodily injury of the person, resulting
22 from the [accident] crash in which said motor vehicle was involved, by
23 payment of a judgment or settlement by the owner, or by a final judgment
24 in his favor, or (2) one year has elapsed since the date of the [acci-
25 dent] crash and no filing has been made pursuant to section five thou-
26 sand two hundred eight of the insurance law, or (3) a release of the
27 motor vehicle upon order of the commissioner. The commissioner may order
28 the release of said motor vehicle upon the depositing with the commis-
29 sioner of taxation and finance of security or a bond in such form and
30 amount as may be approved by the commissioner. If said motor vehicle is
31 not released from impoundment after the lapse of one year, the commis-
32 sioner may dispose of it by public sale and remit the proceeds from the
33 sale to the commissioner of taxation and finance to be held pending the
34 final disposition of the claim.
35 § 20. Subdivision (d) of section 332 of the vehicle and traffic law is
36 amended to read as follows:
37 (d) Any person whose license, registration or non-resident's driving
38 privilege is subject to suspension hereunder, may be relieved from the
39 effect of failure to satisfy such judgment, if such person files with
40 the commissioner proper evidence that a bond or insurance policy as
41 provided for in this article was in force and effect at the time of the
42 [accident] crash resulting in the judgment, and was available for the
43 satisfaction of the judgment to the extent provided for in section three
44 hundred thirty-three of this article and that such judgment was so
45 satisfied.
46 § 21. Section 333 of the vehicle and traffic law, as amended by chap-
47 ter 305 of the laws of 1995, is amended to read as follows:
48 § 333. Payments sufficient to satisfy requirements of this article.
49 Every judgment herein referred to shall for the purpose of this article
50 only be deemed satisfied: (a) When twenty-five thousand dollars has been
51 credited upon any judgment or judgments rendered in excess of that
52 amount because of bodily injury to or when fifty thousand dollars has
53 been credited upon any judgment or judgments rendered in excess of that
54 amount because of death of one person as the result of any one [acci-
55 dent] crash; or
A. 3839 9
1 (b) When subject to such limit of twenty-five thousand dollars because
2 of bodily injury to or fifty thousand dollars because of death of one
3 person, the sum of fifty thousand dollars has been credited upon any
4 judgment or judgments rendered in excess of that amount because of bodi-
5 ly injury to or when one hundred thousand dollars has been credited upon
6 any judgment or judgments rendered in excess of that amount because of
7 death of two or more persons as the result of any one [accident] crash;
8 or
9 (c) When ten thousand dollars has been credited upon any judgment or
10 judgments rendered in excess of that amount because of injury to or
11 destruction of property of others as a result of any one [accident]
12 crash.
13 Payments made in settlement of any claims because of bodily injury,
14 death or property damage arising from a motor vehicle [accident] crash
15 shall be credited in reduction of the amounts provided for in this
16 section.
17 § 22. Section 335 of the vehicle and traffic law, subdivision (a) as
18 amended by chapter 305 of the laws of 1995, and paragraph 1 of subdivi-
19 sion (a) as further amended by section 104 of part A of chapter 62 of
20 the laws of 2011, is amended to read as follows:
21 § 335. Security and proof required following [accident] crash. (a) Not
22 less than ten days nor more than sixty days after receipt by him of the
23 report or notice of [an accident] a crash which has resulted in bodily
24 injury or death, or in damage to the property of any one person in
25 excess of one thousand dollars, the commissioner shall forthwith suspend
26 the license of any person operating, and the registration certificates
27 and registration plates of any person owning, a motor vehicle in any
28 manner involved in such [accident] crash unless and until such operator
29 (or chauffeur) or owner or both shall have previously furnished or imme-
30 diately furnishes security sufficient in the judgment of the commission-
31 er to satisfy any judgment or judgments for damages resulting from such
32 [accident] crash as may be recovered against such owner or operator (or
33 chauffeur) by or on behalf of any aggrieved person or his legal repre-
34 sentative, and unless and until such owner or operator (or chauffeur) or
35 both shall immediately furnish and thereafter maintain proof of finan-
36 cial responsibility in the future. Where erroneous information with
37 respect to insurance coverage of the owner or operator (or chauffeur) of
38 any such vehicle is furnished to the commissioner, he shall take appro-
39 priate action as above provided within sixty days after the receipt by
40 him of correct information with respect to such coverage. This section
41 shall not apply: (1) to such owner or operator (or chauffeur) if such
42 owner had in effect at the time of such [accident] crash with respect to
43 such motor vehicle a standard provisions automobile liability policy in
44 form approved by the superintendent of financial services and issued by
45 an insurance company authorized to do business in this state or, if such
46 motor vehicle was not registered in this state or was a motor vehicle
47 which was registered elsewhere than in this state at the effective date
48 of the policy, or the most recent renewal thereof, an automobile liabil-
49 ity policy acceptable to the superintendent of financial services as
50 substantially the equivalent of such standard provisions automobile
51 liability policy; (2) to such operator (or chauffeur), if not the owner
52 of such motor vehicle, if there was in effect at the time of such [acci-
53 dent] crash such a policy with respect to his operation of motor vehi-
54 cles not owned by him or, if such motor vehicle was a private passenger
55 motor vehicle, with respect to his operation of private passenger motor
56 vehicles not owned by him or (3) to such owner or operator (or chauf-
A. 3839 10
1 feur) if the liability of such owner or operator (or chauffeur) for
2 damages resulting from such [accident] crash is, in the judgment of the
3 commissioner, covered by any other form of liability insurance policy
4 issued by an insurance company authorized to do business in this state
5 or by a bond, provided every such policy or bond mentioned herein is
6 subject, if the [accident] crash has resulted in bodily injury, to a
7 limit, exclusive of interest and costs, of twenty-five thousand dollars
8 or death to a limit, exclusive of interest and costs, of fifty thousand
9 dollars, because of bodily injury to or death of one person in any one
10 [accident] crash and, subject to said limit for one person, to a limit
11 of fifty thousand dollars because of bodily injury to or one hundred
12 thousand dollars because of death of two or more persons in any one
13 [accident] crash, and, if the [accident] crash has resulted in injury to
14 or destruction of property, to a limit of ten thousand dollars because
15 of injury to or destruction of property of others in any one [accident]
16 crash or (4) to such owner or operator if the commissioner shall deter-
17 mine that the failure to have liability coverage as described above was
18 caused solely by the negligence or malfeasance of a person other than
19 the person whose license or registration has been suspended or is
20 subject to suspension, and that the person seeking to avoid such suspen-
21 sion was not aware of the lack of such liability coverage. However, with
22 respect to the provisions of (4) above, the burden of proof shall be
23 upon the person seeking to avoid such suspension action. Provided
24 further, that such facts shall be established by clear and convincing
25 evidence, either by the submission of affidavits or at a hearing called
26 in the discretion of the commissioner.
27 Upon receipt of notice of such [accident] crash, the insurance carrier
28 or surety company which issued such policy or bond shall furnish for
29 filing with the commissioner a written notice that such policy or bond
30 was in effect at the time of such [accident] crash or shall notify the
31 commissioner in such manner as he may require in case such policy or
32 bond was not in effect at the time of such [accident] crash.
33 In case any such operator (or chauffeur) or owner has no license to
34 operate issued under this chapter or no motor vehicle registered in his
35 name in this state, he shall not be allowed a license or registration
36 until he has complied with this article to the same extent as would be
37 necessary if he had held an operator's or chauffeur's license and a
38 motor vehicle registration issued under this chapter at the time of the
39 [accident] crash.
40 (b) Such security, where ordered, shall be in such form and in such
41 amount as the commissioner may require, but in no case in excess of the
42 amount of proof required by section three hundred forty-one of this
43 article. The commissioner may reduce the amount of security ordered in
44 any case within six months after the date of the [accident] crash, if,
45 in his judgment, the amount ordered is too large. In case the security
46 originally ordered has been deposited, the excess deposited over the
47 reduced amount ordered shall be returned to the depositor or his
48 personal representative forthwith, notwithstanding the provisions of
49 subdivision (c) of this section.
50 (c) Security furnished in compliance with the requirements of this
51 section shall be placed by the commissioner in the custody of the
52 commissioner of taxation and finance and shall be applicable only to the
53 payment of a judgment against the depositor for damages arising out of
54 the [accident] crash in question in an action at law begun not later
55 than one year after the date of such [accident] crash or, upon assign-
56 ment of the depositor, made not later than one year after the date of
A. 3839 11
1 such [accident] crash, to the settlement of a claim arising out of such
2 [accident] crash, or upon assignment of the depositor, made after the
3 expiration of one year after the date of such [accident] crash, to the
4 settlement of an action at law begun not later than one year after the
5 date of such [accident] crash. All of such payments made out of the
6 deposited security shall be made as follows: Payment shall first be
7 made to each of the judgment creditors and to each of the claimants who
8 have agreed to settle their claims, whose damages were evaluated by the
9 commissioner, in an amount not greater than the amount fixed in their
10 respective evaluations. Whenever the commissioner shall be given
11 evidence, satisfactory to him, that the amounts of all claims for
12 damages against the depositor arising out of such [accident] crash are
13 fixed, either by judgment or settlement agreement, payment shall be made
14 out of any balance remaining after the first distribution to each of
15 those persons whose judgments or settlement amounts have not been fully
16 paid but whose damages were evaluated by the commissioner, in proportion
17 to the amounts of their respective evaluations unless there is suffi-
18 cient to make payment in full; and any balance remaining after the first
19 and second distributions are completed shall be paid to those judgment
20 creditors and those claimants who have agreed to settle their claims but
21 whose damages were not evaluated, in proportion to the amounts of their
22 respective judgments or settlement amounts unless there is sufficient to
23 make payment in full. Such deposit, or any balance thereof, shall be
24 returned to the depositor or his personal representative whenever after
25 the expiration of such year, the commissioner shall be given evidence,
26 satisfactory to him, that there is no such action pending and no such
27 judgment unsatisfied or whenever, before the expiration of such year,
28 the commissioner shall be given evidence, satisfactory to him, that
29 there is no such judgment unsatisfied and that there is no existing
30 cause of action against the depositor for damages arising out of such
31 [accident] crash.
32 (c-1) After security, furnished in compliance with the requirements of
33 this section, has remained on deposit for five years, the commissioner
34 shall make a determination as to whether the deposit, or any balance
35 thereof, is returnable to the depositor or the person entitled thereto.
36 In the event that such deposit, or any balance thereof, is determined to
37 be returnable, but remains unclaimed by the depositor or the person
38 entitled thereto for a period of one year following the date of such
39 determination, such unclaimed deposit, or any balance thereof, shall be
40 deemed abandoned property subject to the provisions of the abandoned
41 property law.
42 (d) The provisions of subdivision (a) of this section shall not apply
43 to the owner of a motor vehicle operated by one having obtained
44 possession or control thereof without the expressed or implied consent
45 of such owner, to a police officer or member of the state police who is
46 compelled to assume the custody and operation of a motor vehicle of
47 another because such motor vehicle was (1) stolen from or lost by the
48 owner, (2) abandoned, either by the owner or any other person with or
49 without the owner's consent, (3) is being operated by a person disabled
50 so as not to be able to operate it properly, or (4) is being operated by
51 an intoxicated person; or to either the owner or operator of a motor
52 vehicle involved in an [accident] crash wherein no damage or injury was
53 caused to other than the person or property of such owner or operator.
54 (e) In lieu of deposit of security when required pursuant to the
55 provisions of this section the commissioner may accept a written agree-
56 ment, executed and acknowledged by the person required to deposit secu-
A. 3839 12
1 rity and any person who has sustained bodily injury, including death, or
2 damage to his property, or his legal representative, providing for the
3 payment of an agreed amount in installments, with respect to the claims
4 of such person for injuries or damages resulting from the [accident]
5 crash. In the event of default in payment of any installment under such
6 agreement, then upon notice of such default the commissioner shall
7 forthwith suspend the license and registration certificates and regis-
8 tration plates of the person in default until release has been filed
9 with the commissioner indicating that the entire agreed amount has been
10 paid. But in no case shall such agreement be used in lieu of proof of
11 maintenance of financial responsibility in the future required pursuant
12 to the provisions of this section.
13 § 23. Section 337 of the vehicle and traffic law, as amended by chap-
14 ter 176 of the laws of 1990, is amended to read as follows:
15 § 337. Suspension, duration. (a) The suspension required in sections
16 three hundred thirty-two, three hundred thirty-four and subdivision (e)
17 of section three hundred thirty-five [(e)] of this article shall remain
18 in effect, the motor vehicle in any manner involved in such [accident]
19 crash shall not be registered in the name of the person whose license
20 and/or registration certificate was so suspended, or in any other name
21 where the commissioner has reasonable grounds to believe that such
22 registration will have the effect of defeating the purposes of this
23 article, and no other motor vehicle shall be registered in the name of
24 such person nor any new licenses issued to such person unless and until
25 such judgment is satisfied or stayed or is discharged in bankruptcy and
26 the judgment debtor gives proof of financial responsibility in the
27 future as required pursuant to section three hundred thirty-five of this
28 article except under the conditions as stated in sections three hundred
29 thirty-three and three hundred thirty-four of this article.
30 (b) The suspension required in section three hundred thirty-five of
31 this article shall remain in effect, the motor vehicle in any manner
32 involved in such [accident] crash shall not be registered in the name of
33 the person whose license and/or registration certificate was so
34 suspended, or in any other name where the commissioner has reasonable
35 grounds to believe that such registration will have the effect of
36 defeating the purposes of this article, and no other motor vehicle shall
37 be registered in the name of such person nor any new licenses issued to
38 such person, unless and until such person complies with the requirement
39 with respect to furnishing security, or unless and until such person has
40 obtained a release, or a favorable judgment in an action at law to
41 recover damages resulting from such [accident] crash or unless such
42 person shall have satisfied in the manner herein provided any judgment
43 rendered against such person in such an action, or unless such judgment
44 rendered against such person is discharged in bankruptcy, and at all
45 events until such person gives and thereafter maintains proof of his
46 financial responsibility.
47 Provided, however, that any person whose license or registration
48 became subject to suspension or has been suspended pursuant to subdivi-
49 sion (a) of section three hundred thirty-five of this article, whether
50 or not such person has furnished security and proof of financial respon-
51 sibility, shall be relieved from furnishing or maintaining proof of
52 financial responsibility if (1) one year has elapsed since the date of
53 the [accident] crash, (2) nine months have elapsed since the date of
54 compliance with any suspension order made against such person because of
55 such [accident] crash, (3) such person has neither paid nor agreed in
56 writing to pay anything for damages resulting from such [accident]
A. 3839 13
1 crash, (4) no suit for damages because thereof has been brought against
2 such person and (5) such person is not required to furnish or maintain
3 proof of financial responsibility for some reason other than for having
4 been involved in such [accident] crash. If a suit or suits for damages
5 resulting from such [accident] crash shall have been brought and such
6 suit or suits shall have resulted in a judgment or judgments, the
7 successful person in such suit or suits shall be relieved from furnish-
8 ing or maintaining proof of financial responsibility forthwith provided
9 such person is not required to furnish or maintain such proof for
10 reasons other than for having been involved in such [accident] crash
11 and, in case such person has furnished security because of having been
12 involved in such [accident] crash, it shall be returned to such person
13 or the personal representative of such person forthwith notwithstanding
14 the provisions of subdivision (c) of section three hundred thirty-five
15 of this article. The fact of having been involved in such [accident]
16 crash shall not bar the issuance of license and registration to a person
17 who has been relieved from furnishing or maintaining proof of financial
18 responsibility pursuant to the provisions of this paragraph.
19 (c) A discharge in bankruptcy following the rendering of any such
20 judgment shall not relieve the judgment debtor from any of the require-
21 ments of this article unless otherwise provided in subdivisions (a) and
22 (b) of this section.
23 § 24. Subdivision (d) of section 338 of the vehicle and traffic law,
24 the opening paragraph as amended by chapter 838 of the laws of 1970, is
25 amended to read as follows:
26 (d) The commissioner shall take action as required anywhere in this
27 article, upon receiving proper evidence that any resident of this state,
28 has in any other state had his driving privileges suspended and/or the
29 operation of any motor vehicle owned by him prohibited pursuant to a law
30 of such other state providing for such suspension or prohibition because
31 of a conviction or because of an unsatisfied judgment which would
32 require the commissioner to suspend a non-resident's driving privileges
33 had such a conviction or judgment been rendered in this state against a
34 non-resident, provided, however, that no suspension or prohibition shall
35 be effective until twenty days have elapsed from the date upon which
36 notice of suspension shall have been mailed to the operator or owner
37 during which period such operator or owner shall be permitted to submit
38 evidence of satisfaction of the judgment or other evidence relating
39 thereto.
40 Upon receipt of a certification that the operating privilege of a
41 resident of this state has been suspended, revoked or cancelled in any
42 such other state pursuant to a law providing for its suspension, revoca-
43 tion or cancellation for failure to deposit security for the payment of
44 a judgment as may arise out of a motor vehicle [accident] crash under
45 circumstances which would require the commissioner to suspend a non-
46 resident's operating privilege had the [accident] crash occurred in this
47 state, the commissioner shall suspend the license of such resident if he
48 was the operator, and all of his registrations if he was the owner of a
49 motor vehicle involved in such [accident] crash. Such suspension shall
50 continue until such resident furnishes evidence of his compliance with
51 the law of such other state relating to the deposit of such security.
52 § 25. Section 341 of the vehicle and traffic law, as amended by chap-
53 ter 305 of the laws of 1995, is amended to read as follows:
54 § 341. Amount of proof required. Proof of financial responsibility
55 shall mean proof of ability to respond in damages for liability there-
56 after incurred, arising out of the ownership, maintenance or use of a
A. 3839 14
1 motor vehicle, in the amount of twenty-five thousand dollars because of
2 bodily injury to or fifty thousand dollars because of death of any one
3 person, and subject to said limit respecting one person, in the amount
4 of fifty thousand dollars because of bodily injury to or one hundred
5 thousand dollars because of death of two or more persons in any one
6 [accident] crash, and in the amount of ten thousand dollars because of
7 injury to or destruction of property in any one [accident] crash. Such
8 proof in such amounts shall be furnished for each motor vehicle regis-
9 tered by such person.
10 § 26. Subdivision (c) of section 343 of the vehicle and traffic law,
11 as amended by chapter 300 of the laws of 1960, and as further amended by
12 section 104 of part A of chapter 62 of the laws of 2011, is amended to
13 read as follows:
14 (c) When a person has been required to furnish proof of a financial
15 responsibility and there has been in effect a motor vehicle liability
16 policy for his benefit for a period of three years, during which period
17 such person or any vehicle registered in his name has not been involved
18 in any [accident] crash upon which a report is required pursuant to
19 section six hundred five [hereof] of this chapter, such person may file
20 in lieu thereof, the written certificate of any insurance carrier duly
21 authorized to do business in this state, certifying that there is in
22 effect a standard provisions automobile liability policy in form
23 approved by the [superintendant] superintendent of financial services
24 with a limit of liability no less than provided in subdivision (a) of
25 section three hundred thirty-five of this [law] article.
26 § 27. Paragraphs 1 and 3 of subdivision (a) of section 344 of the
27 vehicle and traffic law are amended to read as follows:
28 (1) Said insurance carrier shall execute a power of attorney authoriz-
29 ing the commissioner to accept service on its behalf of notice or proc-
30 ess in any action arising out of a motor vehicle [accident] crash in
31 this state.
32 (3) Said insurance carrier shall also agree to accept as final and
33 binding any judgment of any court of competent jurisdiction in this
34 state duly rendered in any action arising out of a motor vehicle [acci-
35 dent] crash.
36 § 28. Paragraph 3 of subdivision (b) of section 345 of the vehicle and
37 traffic law, as amended by chapter 305 of the laws of 1995, is amended
38 to read as follows:
39 (3) Shall insure the insured or such other person against loss from
40 the liability imposed by law for damages, including damages for care and
41 loss of services because of bodily injury to or death of any person and
42 injury to or destruction of property arising out of the ownership, main-
43 tenance, use, or operation of such motor vehicle or motor vehicles with-
44 in the state of New York, or elsewhere in the United States in North
45 America or the Dominion of Canada, subject to a limit, exclusive of
46 interest and cost, with respect to each such motor vehicle, except a tow
47 truck, of twenty-five thousand dollars because of bodily injury to or
48 fifty thousand dollars because of death of one person in any one [acci-
49 dent] crash and, subject to said limit for one person, to a limit of
50 fifty thousand dollars because of bodily injury to or one hundred thou-
51 sand dollars because of death of two or more persons in any one [acci-
52 dent] crash, and to a limit of ten thousand dollars because of injury to
53 or destruction of property of others in any one [accident] crash. The
54 limit, exclusive of interest and costs, with respect to a tow truck
55 shall be a combined single limit of three hundred thousand dollars
56 because of bodily injury [of] or death to one or more persons or because
A. 3839 15
1 of injury or destruction of property of others in any one [accident]
2 crash, and to a limit of twenty-five thousand dollars because of damage
3 to a vehicle in the care, custody and control of the insured.
4 § 29. Paragraph 1 of subdivision (i) of section 345 of the vehicle and
5 traffic law is amended to read as follows:
6 (1) The liability of any company under a motor vehicle liability poli-
7 cy shall become absolute whenever loss or damage covered by said policy
8 occurs, and the satisfaction by the insured of a final judgment for such
9 loss or damage shall not be a condition precedent to the right or duty
10 of the carrier to make payment on account of such loss or damage. No
11 such policy shall be cancelled or annulled as respects any loss or
12 damage by any agreement between the carrier and the insured after the
13 said insured has become responsible for such loss or damage, and any
14 such cancellation or [annullment] annulment shall be void. If the death
15 of the insured shall occur after the insured has become liable during
16 the policy period for loss or damage covered by the policy, the policy
17 shall not be deemed terminated by such death with respect to such
18 liability and the company shall be liable thereunder in the same manner
19 and to the same extent as though death had not occurred. Upon the recov-
20 ery of a final judgment against any person for any such loss or damage,
21 if the judgment debtor or the decedent whom he represents was at the
22 accrual of the cause of action insured against liability therefor under
23 a motor vehicle liability policy, the judgment creditor shall be enti-
24 tled to have the insurance money applied to the satisfaction of the
25 judgment. But the policy may provide that the insured, or any other
26 person covered by the policy, shall reimburse the company for payments
27 made on account of any [accident] crash, claim or suit involving a
28 breach of the terms, provisions or conditions of the policy; and
29 further, if the policy shall provide for limits in excess of the limits
30 designated in this section, the insurance carrier may plead against such
31 judgment creditor, with respect to the amount of such excess limits of
32 liability, any defenses which it may be entitled to plead against the
33 insured. Any such policy may further provide for the prorating of the
34 insurance thereunder with other applicable valid and collectible insur-
35 ance. If the death, insolvency or bankruptcy of the insured shall occur
36 within the policy period, the policy during the unexpired portion of
37 such period shall cover the legal representatives of the insured. No
38 statement made by the insured or on his behalf, and no violation of the
39 terms of the policy, shall operate to defeat or avoid the policy so as
40 to bar recovery within the limits provided in subdivision (b) of this
41 section.
42 § 30. Subdivision 2 of section 353 of the vehicle and traffic law is
43 amended to read as follows:
44 (2) In the event the person who has given proof of financial responsi-
45 bility surrenders his operator's or chauffeur's license, registration
46 certificates and registration plates to the commissioner, but the
47 commissioner shall not release such proof in the event any action for
48 damages upon a liability referred to in this article is then pending, or
49 any judgment upon any such liability then outstanding and unsatisfied,
50 or in the event the commissioner has received notice that such person
51 has within the period of three months immediately preceding been
52 involved as a driver in any motor vehicle [accident] crash. An affida-
53 vit of the applicant of the non-existence of such facts shall be suffi-
54 cient evidence thereof in the absence of evidence to the contrary in the
55 records of the bureau.
A. 3839 16
1 § 31. Section 354 of the vehicle and traffic law, as amended by chap-
2 ter 61 of the laws of 1989, is amended to read as follows:
3 § 354. Commissioner to furnish operating record. The commissioner
4 shall upon request furnish any insurance carrier or any person an
5 abstract of the operating record of any person subject to the provisions
6 of this article, which abstract shall include enumeration of any
7 convictions of such person of a violation of any provision of any stat-
8 ute relating to the operation of a motor vehicle or any [accidents]
9 crashes in which a motor vehicle driven by such person has been involved
10 during the current calendar year and the three calendar years preceding
11 that in which the request for the operating record is received and if
12 specifically requested shall also fully designate the motor vehicles, if
13 any, registered in the name of such person and the name of the insurer
14 insuring such motor vehicle, for the registration year in which the
15 request for the operating record is received. A request for an abstract
16 of an operating record shall be subject to the provisions of section two
17 hundred two of this chapter.
18 § 32. Section 366 of the vehicle and traffic law is amended to read as
19 follows:
20 § 366. Past application of article. This article, except section three
21 hundred thirty-nine [thereof] of this article, shall not apply to any
22 judgment in a civil action or cause of action arising out of [an acci-
23 dent] a crash occurring prior to the effective date of this article.
24 § 33. The section heading, the opening paragraph of subdivision 1 and
25 subdivisions 3 and 4 of section 370 of the vehicle and traffic law, the
26 section heading and subdivision 4 as amended by chapter 609 of the laws
27 of 1962, the opening paragraph of subdivision 1 as amended by chapter 20
28 of the laws of 2002 and as further amended by section 104 of part A of
29 chapter 62 of the laws of 2011 and subdivision 3 as amended by chapter
30 232 of the laws of 2001, are amended to read as follows:
31 Indemnity bonds or insurance policies; notice of [accident] crash.
32 Every person, firm, association or corporation engaged in the business
33 of carrying or transporting passengers for hire in any motor vehicle or
34 motorcycle, except street cars, and motor vehicles or motorcycles owned
35 and operated by a municipality, and except as otherwise provided in this
36 section, which shall be operated over, upon or along any public street
37 or highway of the state of New York shall file with the commissioner of
38 motor vehicles for each motor vehicle or motorcycle intended to be so
39 operated evidence, in such form as the commissioner may prescribe, of a
40 corporate surety bond or a policy of insurance, approved as to form by
41 the superintendent of financial services in a company authorized to do
42 business in the state, approved by the superintendent as to solvency and
43 responsibility, conditioned for the payment of a minimum sum, hereinaft-
44 er called minimum liability, on a judgment or judgments for damages,
45 including damages for care and loss of services, because of bodily inju-
46 ry to, or death of any one person in any one [accident] crash, and
47 subject to such minimum liability a maximum sum, hereinafter called
48 maximum liability on a judgment or judgments for damages, including
49 damages for care and loss of services because of bodily injury to, or
50 death of two or more persons in any one [accident] crash and for the
51 payment of a minimum sum, called minimum liability on all judgments for
52 damages because of injury to or destruction of property of others in any
53 one [accident] crash, recovered against such person, firm, association
54 or corporation upon claims arising out of the same transaction or trans-
55 actions connected with the same subject of action, to be apportioned
56 ratably among the judgment creditors according to the amount of their
A. 3839 17
1 respective judgments for damage or injury caused in the operation, main-
2 tenance, use or the defective construction of such motor vehicle or
3 motorcycle as follows:
4 3. A person, firm, association or corporation engaged in the business
5 of renting or leasing rental vehicles to be operated upon the public
6 highways for carrying passengers shall be subject to the provisions of
7 this section in the same manner and to the same extent as if such
8 person, firm, association or corporation were actually engaged in the
9 business of carrying or transporting passengers for hire.
10 Notwithstanding the provisions of subdivision one of this section, a
11 person, firm, association or corporation engaged in the business of
12 renting or leasing motor vehicles, having registered in this state more
13 than twenty-five motor vehicles subject to the provisions of this
14 section and who qualifies as hereinafter provided, may file a certif-
15 icate of self-insurance. The commissioner of motor vehicles in his
16 discretion may, upon the application of such a person, firm, association
17 or corporation issue a certificate of self-insurance when he is reason-
18 ably satisfied that such person is possessed and will continue to be
19 possessed of financial ability to respond to judgments obtained against
20 such person, arising out of the ownership, maintenance, use or operation
21 of any such person's motor vehicle. Upon due notice and hearing, the
22 commissioner may, in his discretion and upon reasonable grounds, cancel
23 a certificate of self-insurance.
24 As a condition to the issuance of a certificate of self-insurance
25 under this subdivision the registrant shall pay annually in addition to
26 any other fee prescribed by this chapter, a fee of one dollar and fifty
27 cents for each motor vehicle registered in his name and the aggregate
28 amount of such fees shall be applied in reduction of the assessment
29 levied pursuant to section three hundred seventeen of this title.
30 As a further condition to the issuance of a certificate of self-insu-
31 rance, the registrant shall pay annually in addition to any other fee
32 prescribed by this chapter, an amount per vehicle to be determined by
33 the Motor Vehicle [Accident] Crash Indemnification Corporation pursuant
34 to section five thousand two hundred seven of the insurance law and the
35 aggregate amount of such fees shall be transmitted by the commissioner
36 to the Motor Vehicle [Accident] Crash Indemnification Corporation
37 continued pursuant to section five thousand two hundred three of the
38 insurance law to be applied in reduction of assessments levied by said
39 corporation pursuant to section five thousand two hundred seven of the
40 insurance law.
41 4. Every person operating a motor vehicle or motorcycle as to which a
42 bond or policy of insurance is required by this section, which is in any
43 manner involved in [an accident] a crash, shall within five days give
44 written notice of the time and place of the [accident] crash to the
45 surety or insurer. Failure to give notice of [an accident] a crash as
46 herein provided shall constitute a misdemeanor, but shall not affect the
47 liability of the surety or insurer.
48 § 34. Subdivision 2 of section 385 of the vehicle and traffic law, as
49 amended by chapter 973 of the laws of 1966, is amended to read as
50 follows:
51 2. The height of a vehicle from under side of tire to top of vehicle,
52 inclusive of load, shall be not more than thirteen and one-half feet.
53 Any damage to highways, bridges or highway structures resulting from the
54 use of a vehicle exceeding thirteen feet in height where such excess
55 height is the proximate cause of the [accident] crash shall be compen-
56 sated for by the owner and operator of such vehicle.
A. 3839 18
1 § 35. The opening paragraph of subdivision 2 of section 398-b of the
2 vehicle and traffic law, as amended by chapter 212 of the laws of 1980,
3 is amended to read as follows:
4 As used in this article the term "motor vehicle repair shop" means any
5 person who, for compensation, is wholly or partially engaged in the
6 business of repairing or diagnosing motor vehicle malfunctions or
7 repairing motor vehicle bodies, fenders or other components damaged by
8 [accident] crash or otherwise, except that such term does not include:
9 § 36. The article heading of article 12-B of the vehicle and traffic
10 law, as added by chapter 290 of the laws of 1998, is amended to read as
11 follows:
12 APPROVAL OF MOTOR VEHICLE [ACCIDENT] CRASH
13 PREVENTION COURSES
14 § 37. Section 399-a of the vehicle and traffic law, as added by chap-
15 ter 290 of the laws of 1998, is amended to read as follows:
16 § 399-a. Statement of purpose. The purposes of this article are to
17 further highway safety by preserving the quality and efficacy of the
18 [accident] crash prevention course programs. These purposes will be
19 accomplished by establishing strict criteria for initial and continual
20 course sponsorship approval.
21 § 38. Section 399-b of the vehicle and traffic law, as added by chap-
22 ter 290 of the laws of 1998, is amended to read as follows:
23 § 399-b. Definitions. For the purposes of this article, the following
24 terms shall have the following definitions:
25 1. "Sponsoring agency" shall mean an organization which owns a motor
26 vehicle [accident] crash prevention course approved by the commissioner.
27 2. "Delivery agency" shall mean an organization which conducts a spon-
28 soring agency's approved motor vehicle [accident] crash prevention
29 course.
30 3. "Instructor" shall mean an individual employed by a delivery agency
31 to teach an approved [accident] crash prevention course.
32 4. "[Accident] Crash prevention course" or "course" shall mean the
33 [accident] crash prevention course curriculum or specialized course
34 curriculum which has been approved by the commissioner.
35 5. "Completion certificate" shall mean a document which cannot be
36 altered and which is provided to the student who successfully completes
37 the [accident] crash prevention course.
38 6. "Specialized course" shall mean a course aimed primarily at enhanc-
39 ing safety within a specific occupation or for a specific category of
40 vehicles.
41 § 39. Section 399-c of the vehicle and traffic law, as added by chap-
42 ter 290 of the laws of 1998, is amended to read as follows:
43 § 399-c. Approval by the commissioner. The commissioner must approve
44 [an accident] a crash prevention course before any person attending and
45 successfully completing such course may qualify to receive mandatory
46 insurance reduction benefits in accordance with subsection (a) of
47 section two thousand three hundred thirty-six of the insurance law. The
48 commissioner shall base the decision to approve a course upon the
49 requirements set forth in this article and any additional requirements
50 as the commissioner deems necessary.
51 § 40. Subdivision 1 of section 399-d of the vehicle and traffic law,
52 as added by chapter 290 of the laws of 1998, is amended to read as
53 follows:
54 1. An agency or organization seeking approval as a motor vehicle
55 [accident] crash prevention course sponsoring agency shall apply to the
56 commissioner for approval. Such applications shall be made in writing
A. 3839 19
1 and on forms prescribed by the commissioner. The application shall
2 include at a minimum: the title or name of the course, the name of the
3 organization submitting the application, proof of course ownership, and
4 the names and addresses of all owners, officers, and directors of the
5 agency or organization, and such other information or material as the
6 commissioner may prescribe. An application shall not be considered to be
7 complete until all information and material required by this chapter and
8 by regulation of the commissioner has been submitted.
9 § 41. Section 399-f of the vehicle and traffic law, as added by chap-
10 ter 290 of the laws of 1998, is amended to read as follows:
11 § 399-f. Proof of effectiveness. Proof of effectiveness shall be veri-
12 fiable research documentation submitted by the applicant for sponsorship
13 showing evidence of effectiveness comparable to that of the national
14 safety council's defensive driving course as determined by the commis-
15 sioner in terms of reduced convictions or [accidents] crashes or both.
16 This research documentation shall employ accepted research principles
17 and include treatment and non-treatment control groups comprised of
18 samples of the representative driver base. In order to establish verifi-
19 able effectiveness, each sample group should be comprised of a minimum
20 of three thousand drivers selected randomly. The documentation shall
21 include conviction or [accident] crash data for each motorist for a
22 period of at least eighteen months prior to the course completion date
23 and at least eighteen months subsequent to such date, and equivalent
24 time periods for non-treatment control groups. The documentation shall
25 also include a description of the sampling and analytic procedures used,
26 and the motorist identification number and course completion date for
27 all course attendees. The applicant for sponsorship shall provide, at
28 the request of the commissioner and at the applicant's expense, all
29 driving record data and analysis used in the development of the submit-
30 ted research documentation. Submission of any fraudulent or inten-
31 tionally misleading data will disqualify that organization and all
32 owners and principals from participating or approval in the [accident]
33 crash prevention course for a period of ten years from submission date.
34 The commissioner may, by regulation, provide for a smaller sample group
35 for specialized courses.
36 § 42. The article heading of article 12-C of the vehicle and traffic
37 law, as added by chapter 751 of the laws of 2005, is amended to read as
38 follows:
39 [ACCIDENT] CRASH PREVENTION COURSE INTERNET, AND OTHER TECHNOLOGY
40 PILOT PROGRAM
41 § 43. Section 399-k of the vehicle and traffic law, as added by chap-
42 ter 751 of the laws of 2005, is amended to read as follows:
43 § 399-k. [Accident] Crash prevention course internet technology pilot
44 program. The commissioner shall establish and implement a comprehensive
45 pilot program to review and study internet, and other technologies as
46 approved by the commissioner, as a training method for the adminis-
47 tration and completion of an approved [accident] crash prevention course
48 for the purposes of granting point and insurance premium reduction bene-
49 fits.
50 § 44. Section 399-l of the vehicle and traffic law, as amended by
51 section 1 of part ZZ of chapter 58 of the laws of 2020, is amended to
52 read as follows:
53 § 399-l. Application. Applicants for participation in the pilot
54 program established pursuant to this article shall be among those [acci-
55 dent] crash prevention course sponsoring agencies that have a course
56 approved by the commissioner pursuant to article twelve-B of this title
A. 3839 20
1 and which deliver such course to the public. Provided, the commissioner
2 shall, in his or her discretion, approve additional applications after
3 the effective date of this article. In order to be approved for partic-
4 ipation in such pilot program, the course must comply with the
5 provisions of law, rules and regulations applicable thereto. The commis-
6 sioner may, in his or her discretion, impose a fee for the submission of
7 each application to participate in the pilot program established pursu-
8 ant to this article. Such fee shall not exceed seven thousand five
9 hundred dollars.
10 § 45. Section 399-m of the vehicle and traffic law, as added by chap-
11 ter 751 of the laws of 2005, is amended to read as follows:
12 § 399-m. Pilot program scope and duration. The commissioner shall
13 conduct a pilot program designed to evaluate utilizing internet, and
14 other technologies as approved by the commissioner, for delivering
15 [accident] crash prevention courses for point and insurance premium
16 reduction benefits to the public by permitting qualifying applicants to
17 participate in the pilot program for a period of five years.
18 § 46. Section 399-n of the vehicle and traffic law, as added by chap-
19 ter 751 of the laws of 2005, is amended to read as follows:
20 § 399-n. Regulations. 1. The commissioner is authorized and directed
21 to promulgate any rules and regulations necessary to implement the
22 provisions of this article and to insure that internet, and other tech-
23 nology as approved by the commissioner, delivered [accident] crash
24 prevention courses established pursuant to this article can validate:
25 student identity at registration and throughout the course; partic-
26 ipation throughout the course; that the time requirements are met; and
27 successful completion of the course. Provided, however, that any rules
28 and regulations promulgated pursuant to this article shall not stipulate
29 any particular location for delivery of [an accident] a crash prevention
30 course or limit the time of day during which such course may be taken.
31 2. The commissioner is authorized to impose a fee upon each [accident]
32 crash prevention course sponsoring agency approved for participation in
33 the pilot program, which shall not exceed eight dollars for each student
34 who completes [an accident] a crash prevention course by means of the
35 pilot program established pursuant to this article.
36 § 47. Section 399-o of the vehicle and traffic law, as added by chap-
37 ter 751 of the laws of 2005, is amended to read as follows:
38 § 399-o. Report by commissioner. Within five years of the establish-
39 ment and implementation of this article, the commissioner shall report
40 to the governor, the temporary president of the senate and the speaker
41 of the assembly on the [accident] crash prevention course internet, and
42 other technology as approved by the commissioner, pilot program and its
43 results. Such report shall include recommendations as to the future use
44 of internet and other technologies as an effective way, in addition to
45 classroom presentation, to deliver to the public approved [accident]
46 crash prevention courses, and qualifications for participants in such
47 approved internet and other technology-delivered programs.
48 § 48. Paragraph (e) of subdivision 4 of section 503 of the vehicle and
49 traffic law, as added by section 2 of part E of chapter 59 of the laws
50 of 2004, is amended to read as follows:
51 (e) Any completion of a motor vehicle [accident] crash prevention
52 course approved pursuant to article twelve-B of this chapter shall not
53 serve to reduce the calculation of points on a person's driving record
54 for the purposes of this section.
55 § 49. Subdivision 2 of section 506 of the vehicle and traffic law, as
56 added by chapter 780 of the laws of 1972, is amended to read as follows:
A. 3839 21
1 2. The commissioner may require every person holding a license issued
2 pursuant to this article to submit to such an examination as shall be
3 determined by him to be appropriate if such person has been involved in
4 three [accidents] crashes while driving a motor vehicle or motorcycle
5 within a period of eighteen months, if such [accidents] crashes were
6 required to be reported by section six hundred five of this chapter.
7 § 50. Subdivision 7 of section 509-a of the vehicle and traffic law,
8 as added by chapter 599 of the laws of 1993, is amended to read as
9 follows:
10 (7) [accident] crash shall include any [accident] crash with another
11 vehicle, object or person, which occurs in this state or elsewhere, in
12 which any person is killed or injured, or in which damage to the proper-
13 ty of any one person, including the operator, in excess of one thousand
14 five hundred dollars is sustained, or in which damage in excess of two
15 thousand five hundred dollars is sustained to any bus as defined in
16 section one hundred four of this chapter; provided however that [acci-
17 dents] crashes occurring outside this state shall not be recorded on the
18 driver's license record.
19 § 51. Subdivisions 1 and 3 of section 509-bb of the vehicle and traf-
20 fic law, as added by chapter 599 of the laws of 1993, are amended to
21 read as follows:
22 (1) Any person employed as a bus driver who has on three occasions
23 been the operator of a motor vehicle involved in [an accident] a crash
24 of a nature or type set forth in section five hundred nine-a of this
25 article, where such [accidents] crashes occurred within an eighteen-
26 month period, shall be subject to reexamination, including a road test,
27 as provided in this section; provided, however, that if such person is
28 subject to a period of disqualification pursuant to section five hundred
29 nine-c or five hundred nine-cc of this article, such reexamination shall
30 occur not more than forty-five days prior to the completion of such
31 period of disqualification; and provided, further, that [accidents]
32 crashes in which the driver was completely without fault shall not be
33 included in determining whether such reexamination is required.
34 (3) For purposes of this section, one such [accident] crash shall not
35 be counted if the person successfully completes a motor vehicle [acci-
36 dent] crash prevention course approved by the commissioner.
37 § 52. Subparagraph (iv) of paragraph (b) and paragraphs (d), (e) and
38 (f) of subdivision 1 and subparagraph (iii) of paragraph (b) and para-
39 graphs (d), (e) and (f) of subdivision 2 of section 509-c of the vehicle
40 and traffic law, subparagraph (iv) of paragraph (b) of subdivision 1 and
41 subparagraph (iii) of paragraph (b) of subdivision 2 as amended by chap-
42 ter 360 of the laws of 1986, paragraph (d) of subdivision 1 and para-
43 graph (d) of subdivision 2 as amended by chapter 599 of the laws of 1993
44 and paragraphs (e) and (f) of subdivision 1 and paragraphs (e) and (f)
45 of subdivision 2 as added by chapter 599 of the laws of 1993, are
46 amended to read as follows:
47 (iv) has been convicted of leaving the scene of [an accident] a crash
48 which resulted in personal injury or death under subdivision two of
49 section six hundred of this chapter or an offense committed outside of
50 this state which would constitute a violation of subdivision two of
51 section six hundred of this chapter. Such disqualification shall be for
52 a period of three years if such conviction occurred prior to September
53 fifteenth, nineteen hundred eighty-five; or
54 (d) for a period of one year, if that person has accumulated nine or
55 more points on his or her driving record for acts that occurred during
56 an eighteen month period on or after September fifteenth, nineteen
A. 3839 22
1 hundred eighty-five, provided, however, that the disqualification shall
2 terminate if the person has reduced the points to less than nine through
3 the successful completion of a motor vehicle [accident] crash prevention
4 course.
5 (e) for a period of one year, if that person was the operator of a
6 motor vehicle involved in two or more [accidents] crashes of a nature
7 and type set forth in section five hundred nine-a of this article, where
8 such [accidents] crashes occurred within an eighteen-month period
9 following a reexamination conducted pursuant to section five hundred
10 nine-bb of this article, provided that [accidents] crashes in which the
11 driver was completely without fault shall not be included in determining
12 whether such disqualification is required;
13 (f) for a period of one year, if that person fails to pass a road test
14 administered pursuant to section five hundred nine-bb of this article;
15 provided, however, that such person shall be given the opportunity to
16 complete a motor vehicle [accident] crash prevention course approved by
17 the commissioner and to then undergo a second road test administered
18 pursuant to section five hundred nine-bb of this article, and such
19 disqualification shall cease if such person passes such second road
20 test.
21 (iii) has been convicted of leaving the scene of [an accident] a crash
22 which resulted in personal injury or death under subdivision two of
23 section six hundred of this chapter or an offense committed outside of
24 this state which would constitute a violation of subdivision two of
25 section six hundred of this chapter; or
26 (d) for a period of one year, if that person accumulates nine or more
27 points on his or her driving record for acts occurring during an eigh-
28 teen month period, provided, however, that the disqualification shall
29 terminate if the person has reduced the points to less than nine through
30 the successful completion of a motor vehicle [accident] crash prevention
31 course.
32 (e) for a period of one year, if that person was the operator of a
33 motor vehicle involved in two or more [accidents] crashes of a nature
34 and type set forth in section five hundred nine-a of this article, where
35 such [accidents] crashes occurred within an eighteen-month period
36 following a reexamination conducted pursuant to section five hundred
37 nine-bb of this article, provided that [accidents] crashes in which the
38 driver was completely without fault shall not be included in determining
39 whether such disqualification is required;
40 (f) for a period of one year, if that person fails to pass a road test
41 administered pursuant to section five hundred nine-bb of this article;
42 provided, however, that such person shall be given the opportunity to
43 complete a motor vehicle [accident] crash prevention course approved by
44 the commissioner and to then undergo a second road test administered
45 pursuant to section five hundred nine-bb of this article, and such
46 disqualification shall cease if such person passes such second road
47 test.
48 § 53. Subparagraph (v) of paragraph (b) and paragraphs (d), (e) and
49 (f) of subdivision 1, subparagraph (iv) of paragraph (c) and paragraphs
50 (e), (f) and (g) of subdivision 2 of section 509-cc of the vehicle and
51 traffic law, subparagraph (v) of paragraph (b) of subdivision 1 as added
52 by chapter 675 of the laws of 1985, paragraph (d) of subdivision 1 and
53 paragraph (e) of subdivision 2 as amended by chapter 599 of the laws of
54 1993, paragraphs (e) and (f) of subdivision 1 and paragraphs (f) and (g)
55 of subdivision 2 as added by chapter 599 of the laws of 1993, and
A. 3839 23
1 subparagraph (iv) of paragraph (c) of subdivision 2 as amended by chap-
2 ter 360 of the laws of 1986, are amended to read as follows:
3 (v) has been convicted of leaving the scene of [an accident] a crash
4 which resulted in personal injury or death under section six hundred of
5 this chapter or an offense committed outside of this state which would
6 constitute a violation of section six hundred of this chapter.
7 (d) for a period of one year, if that person has accumulated nine or
8 more points on his or her driving record for acts that occurred during
9 an eighteen month period on or after September fifteenth, nineteen
10 hundred eighty-five, provided, however, that the disqualification shall
11 terminate if the person has reduced the points to less than nine through
12 the successful completion of a motor vehicle [accident] crash prevention
13 course.
14 (e) for a period of one year, if that person or was the operator of a
15 motor vehicle involved in two or more [accidents] crashes of a nature
16 and type set forth in section five hundred nine-a of this article, where
17 such [accidents] crashes occurred within an eighteen-month period
18 following a reexamination conducted pursuant to section five hundred
19 nine-bb of this article, provided that [accidents] crashes in which the
20 driver was completely without fault shall not be included in determining
21 whether such disqualification is required;
22 (f) for a period of one year, if that person fails to pass a road test
23 administered pursuant to section five hundred nine-bb of this article;
24 provided, however, that such person shall be given the opportunity to
25 complete a motor vehicle [accident] crash prevention course approved by
26 the commissioner and to then undergo a second road test administered
27 pursuant to section five hundred nine-bb of this article, and such
28 disqualification shall cease if such person passes such second road
29 test.
30 (iv) has been convicted of leaving the scene of [an accident] a crash
31 which resulted in personal injury or death under subdivision two of
32 section six hundred of this chapter or an offense committed outside of
33 this state which would constitute a violation of subdivision two of
34 section six hundred of this chapter; or
35 (e) for a period of one year, if that person accumulates nine or more
36 points on his or her driving record for acts occurring during an eigh-
37 teen month period, provided, however, that the disqualification shall
38 terminate if the person has reduced the points to less than nine through
39 the successful completion of a motor vehicle [accident] crash prevention
40 course.
41 (f) for a period of one year, if that person was the operator of a
42 motor vehicle involved in two or more [accidents] crashes of a nature
43 and type set forth in section five hundred nine-a of this article, where
44 such [accidents] crashes occurred within an eighteen-month period
45 following a reexamination conducted pursuant to section five hundred
46 nine-bb of this article, provided that [accidents] crashes in which the
47 driver was completely without fault shall not be included in determining
48 whether such disqualification is required;
49 (g) for a period of one year, if that person fails to pass a road test
50 administered pursuant to section five hundred nine-bb of this article;
51 provided, however, that such person shall be given the opportunity to
52 complete a motor vehicle [accident] crash prevention course approved by
53 the commissioner and to then undergo a second road test administered
54 pursuant to section five hundred nine-bb of this article, and such
55 disqualification shall cease if such person passes such second road
56 test.
A. 3839 24
1 § 54. Subdivision 7 of section 509-d of the vehicle and traffic law,
2 as added by chapter 599 of the laws of 1993, is amended to read as
3 follows:
4 (7) Each motor carrier shall prepare a report setting forth: (a) the
5 number of miles travelled by buses operated by such motor carrier in the
6 preceding twelve months; (b) the number of convictions and [accidents]
7 crashes involving any driver employed by such motor carrier during the
8 preceding twelve months, as reported to such carrier pursuant to section
9 five hundred nine-f of this [chapter] article; and (c) the number of
10 convictions and [accidents] crashes per ten thousand miles travelled.
11 Such report shall be filed with the department as an attachment to the
12 affidavit of compliance required by subdivision (c) of section five
13 hundred nine-j of this [chapter] article, and a copy of such report
14 shall be made available by the carrier to any person upon request.
15 § 55. Section 509-e of the vehicle and traffic law, as amended by
16 chapter 853 of the laws of 1975, is amended to read as follows:
17 § 509-e. Annual review of driving record. Each motor carrier shall, at
18 least once every twelve months, review the driving record of each bus
19 driver it employs to determine whether that driver meets minimum
20 requirements for safe driving and is qualified to drive a bus pursuant
21 to section five hundred nine-b of this article. In reviewing a driving
22 record, the motor carrier must consider any evidence that the bus driver
23 has violated applicable provisions of the vehicle and traffic law. The
24 motor carrier must also consider the driver's [accident] crash record
25 and any evidence that the driver has violated laws governing the opera-
26 tion of motor vehicles, such as speeding, reckless driving, and operat-
27 ing while under the influence of alcohol or drugs, that indicate that
28 the driver has exhibited a disregard for the safety of the public. Such
29 information shall be recorded in the employer's record.
30 § 56. Section 509-f of the vehicle and traffic law, as amended by
31 chapter 599 of the laws of 1993, is amended to read as follows:
32 509-f. Record of violations. Each motor carrier shall, at least once
33 every twelve months, require each bus driver it employs to prepare and
34 furnish it with a list of all violations of motor vehicle traffic laws
35 and ordinances (other than violations involving only parking) of which
36 the driver has been convicted or on account of which he has forfeited
37 bond or collateral and all [accidents] crashes of a nature or type set
38 forth in section five hundred nine-a of this article in which the driver
39 was involved during the preceding twelve months whether such violations
40 or [accidents] crashes occurred in this state or elsewhere. Such infor-
41 mation shall be recorded in the employer's record.
42 § 57. Subdivisions 1-b and 4 of section 509-i of the vehicle and traf-
43 fic law, subdivision 1-b as added and subdivision 4 as amended by chap-
44 ter 599 of the laws of 1993, are amended to read as follows:
45 1-b. A driver who is involved in [an accident] a crash of a nature or
46 type set forth in section five hundred nine-a of this article in any
47 jurisdiction shall notify his or her employer within five working days
48 from the date of the [accident] crash. A driver who fails to notify his
49 or her employer of such [accident] crash within the five working day
50 period shall be subject to a five working day suspension.
51 4. In addition to the requirements of subdivision three of this
52 section, the commissioner shall notify the motor carrier of any
53 conviction for any traffic violation or [accident] crash resulting from
54 operation of a motor vehicle against a bus driver employed by the motor
55 carrier, shall require payment of the fee necessary to defray the cost
56 of the notification, and shall require all motor carriers to establish
A. 3839 25
1 an escrow account with the department which shall be used to pay for the
2 costs incurred by the department when it informs the motor carrier of a
3 driver's conviction or [accident] crash; and may, if requested by a
4 political subdivision which contracts with a motor carrier for the
5 transportation of school children, provide such notice to the political
6 subdivision.
7 § 58. Subparagraph (iii) of paragraph a of subdivision 2 of section
8 510 of the vehicle and traffic law, as amended by chapter 47 of the laws
9 of 1988, is amended to read as follows:
10 (iii) of any violation of subdivision two of section six hundred or
11 section three hundred ninety-two of this chapter or of a local law or
12 ordinance making it unlawful to leave the scene of [an accident] a crash
13 without reporting;
14 § 59. Paragraph (a) of subdivision 4 of section 510-a of the vehicle
15 and traffic law, as amended by section 1 of part C of chapter 58 of the
16 laws of 2013, is amended to read as follows:
17 (a) A serious traffic violation shall mean operating a commercial
18 motor vehicle in violation of any provision of this chapter or the laws
19 or ordinances of any other state or locality outside of this state that
20 restricts or prohibits the use of a hand-held mobile telephone or a
21 portable electronic device while operating a commercial motor vehicle or
22 in violation of any provision of this chapter or the laws of any other
23 state, the District of Columbia or any Canadian province which (i)
24 limits the speed of motor vehicles, provided the violation involved
25 fifteen or more miles per hour over the established speed limit; (ii) is
26 defined as reckless driving by state or local law or regulation; (iii)
27 prohibits improper or erratic lane change; (iv) prohibits following too
28 closely; (v) relates to motor vehicle traffic (other than parking,
29 standing or stopping) and which arises in connection with a fatal [acci-
30 dent] crash; (vi) operating a commercial motor vehicle without first
31 obtaining a commercial driver's license as required by section five
32 hundred one of this title; (vii) operating a commercial motor vehicle
33 without a commercial driver's license in the driver's possession; or
34 (viii) operating a commercial motor vehicle without the proper class of
35 commercial driver's license and/or endorsement for the specific vehicle
36 being operated or for the passengers or type of cargo being transported.
37 § 60. Section 520 of the vehicle and traffic law, as amended by chap-
38 ter 607 of the laws of 1979, is amended to read as follows:
39 § 520. Statement of findings and declaration of purpose. The ever-in-
40 creasing number of [accidents] crashes, personal injuries and deaths
41 resulting from alcohol or drug-related traffic offenses is a matter of
42 great concern to the legislature. The diminished perception of intoxi-
43 cated and impaired operators of motor vehicles presents a constant and
44 intolerable threat to the lives and well-being of the citizens of the
45 state. Efforts aimed at alleviating this threat have proven inadequate.
46 The public interest in the cause of highway safety will be well served
47 by the implementation of a permanent program of rehabilitation for those
48 operators convicted of alcohol or drug-related traffic offenses and
49 certain operators who have been adjudicated youthful offenders for alco-
50 hol or drug-related traffic offenses. The commissioner of motor vehicles
51 should have the authority to offer to such operators an opportunity for
52 rehabilitation, thereby reducing the threat aimed at themselves and the
53 people of the state.
54 § 61. Section 523-b of the vehicle and traffic law, as added by chap-
55 ter 596 of the laws of 1975, is amended to read as follows:
A. 3839 26
1 § 523-b. Experimental driver safety programs. The commissioner may
2 study the feasibility of programs to improve driver behavior, attitude,
3 performance or skills in order to reduce motor vehicle [accidents] cras-
4 hes and traffic violations, and to promote highway safety. He shall have
5 the authority to establish such programs on a limited, experimental
6 basis in order to assist in such feasibility study provided any such
7 program is funded by any source other than state funds, or if any such
8 program is to be funded with state funds, then he may establish such
9 program only with the approval of the director of the division of the
10 budget.
11 § 62. The article heading of article 22 of the vehicle and traffic law
12 is amended to read as follows:
13 [ACCIDENTS] CRASHES AND [ACCIDENT]
14 CRASH REPORTS
15 § 63. Paragraph b of subdivision 1 of section 600 of the vehicle and
16 traffic law, as amended by section 4 of part AAA of chapter 59 of the
17 laws of 2017, is amended to read as follows:
18 b. It shall be the duty of any member of a law enforcement agency who
19 is at the scene of the [accident] crash to request the said operator or
20 operators of the motor vehicles, when physically capable of doing so, to
21 exchange the information required hereinabove and such member of a law
22 enforcement agency shall assist such operator or operators in making
23 such exchange of information in a reasonable and harmonious manner.
24 A violation of the provisions of paragraph a of this subdivision shall
25 constitute a traffic infraction punishable by a fine of up to two
26 hundred fifty dollars or a sentence of imprisonment for up to fifteen
27 days or both such fine and imprisonment.
28 § 64. Paragraph b of subdivision 2 of section 600 of the vehicle and
29 traffic law, as amended by section 4 of part AAA of chapter 59 of the
30 laws of 2017, is amended to read as follows:
31 b. It shall be the duty of any member of a law enforcement agency who
32 is at the scene of the [accident] crash to request the said operator or
33 operators of the motor vehicles, when physically capable of doing so, to
34 exchange the information required hereinabove and such member of a law
35 enforcement agency shall assist such operator or operators in making
36 such exchange of information in a reasonable and harmonious manner.
37 § 65. Section 603 of the vehicle and traffic law, as amended by chap-
38 ter 550 of the laws of 1993 and subdivision 1 as amended by chapter 432
39 of the laws of 1997, is amended to read as follows:
40 § 603. [Accidents] Crashes; police authorities and coroners to report.
41 1. Every police or judicial officer to whom [an accident] a crash
42 resulting in injury to a person shall have been reported, pursuant to
43 the foregoing provisions of this chapter, shall immediately investigate
44 the facts, or cause the same to be investigated, and report the matter
45 to the commissioner forthwith; provided, however, that the report of the
46 [accident] crash is made to the police officer or judicial officer with-
47 in five days after such [accident] crash. Every coroner, or other offi-
48 cial performing like functions, shall likewise make a report to the
49 commissioner with respect to all deaths found to have been the result of
50 motor vehicle or motorcycle [accidents] crashes. Such report shall
51 include information on the width and length of trucks, tractors, trail-
52 ers and semitrailers, which are in excess of ninety-five inches in width
53 or thirty-four feet in length and which are involved in such [accidents]
54 crashes, whether such [accident] crash took place in a work area and
55 whether it was being operated with an overweight or overdimension
A. 3839 27
1 permit. Such report shall distinctly indicate and include information
2 as to whether the inflatable restraint system inflated and deployed.
3 Nothing contained in this subdivision shall be deemed to preclude a
4 police officer from reporting any other [accident] crash which, in the
5 judgment of such police officer, would be required to be reported to the
6 commissioner by the operator of a vehicle pursuant to section six
7 hundred five of this article.
8 2. In addition to the requirements of subdivision one of this section,
9 every police officer or judicial officer to whom [an accident] a crash
10 shall have been reported involving a commercial vehicle as defined in
11 either subdivision four of section five hundred one-a or subdivision one
12 of section five hundred nine-p of this chapter shall immediately inves-
13 tigate the facts, or cause the same to be investigated and report the
14 matter to the commissioner forthwith, provided that the report of the
15 [accident] crash is made to the police officer or judicial officer with-
16 in five days after such [accident] crash, whenever such [accident] crash
17 has resulted in (i) a vehicle being towed from the [accident] crash
18 scene as the result of incurring disabling damage, (ii) a fatality, or
19 (iii) any individual being transported to a medical facility to receive
20 treatment as the result of physical injury sustained in the [accident]
21 crash.
22 § 66. Section 603-a of the vehicle and traffic law, as added by chap-
23 ter 408 of the laws of 2001, subdivision 1 as amended by chapter 489 of
24 the laws of 2017 and paragraph (b) of subdivision 1 as amended by chap-
25 ter 27 of the laws of 2018, is amended to read as follows:
26 § 603-a. [Accidents] Crashes; police authorities to investigate.
27 1. In addition to the requirements of section six hundred three of
28 this article, whenever a motor vehicle [accident] crash results in seri-
29 ous physical injury or death to a person, and such [accident] crash
30 either is discovered by a police officer, or reported to a police offi-
31 cer within five days after such [accident] crash occurred, the police
32 shall conduct an investigation of such [accident] crash.
33 (a) Such investigation shall be conducted for the purposes of making a
34 determination of the following: the facts and circumstances of the
35 [accident] crash; the type or types of vehicles involved, including
36 passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
37 ed use motorcycles, off-highway motorcycles, and/or bicycles; whether
38 pedestrians were involved; the contributing factor or factors; whether
39 it can be determined if a violation or violations of this chapter
40 occurred, and if so, the specific provisions of this chapter which were
41 violated and by whom; and, the cause of such [accident] crash, where
42 such cause can be determined.
43 (b) When present at the scene of such [accident] crash, the investi-
44 gating officer shall also request that all operators of motor vehicles
45 involved in such [accident] crash submit to field testing as defined in
46 section eleven hundred ninety-four of this chapter provided there are
47 reasonable grounds to believe such motor vehicle operator committed a
48 serious traffic violation in the same [accident] crash. The results of
49 such field testing or refusal of such testing shall be included in the
50 police investigation report. For the purposes of this section, "serious
51 traffic violation" shall mean operating a motor vehicle in violation of
52 any of the following provisions of this chapter: articles twenty-three,
53 twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine and
54 thirty and sections five hundred eleven, six hundred and twelve hundred
55 twelve.
A. 3839 28
1 (c) The police shall forward a copy of the investigation report to the
2 commissioner within five business days of the completion of such report.
3 2. For purposes of this section, the following terms shall have the
4 following meanings:
5 (a) "commercial motor vehicle" shall have the same meaning as such
6 term is defined in either subdivision four of section five hundred one-a
7 or subdivision one of section five hundred nine-p of this chapter; and
8 (b) "serious physical injury" shall have the same meaning as such term
9 is defined in section 10.00 of the penal law.
10 § 67. Section 603-b of the vehicle and traffic law, as amended by
11 chapter 408 of the laws of 2007, is amended to read as follows:
12 § 603-b. [Accidents] Crashes; police to indicate serious physical
13 injury and death on simplified traffic information or summons and
14 compliant. In addition to the requirements of section six hundred three
15 of this article and subdivision twelve of section eleven hundred nine-
16 ty-two of this chapter, in every case where a law enforcement officer is
17 required to report pursuant to section six hundred three of this article
18 and a person is charged with a violation of this chapter arising out of
19 such [accident] crash, the law enforcement officer alleging such charge
20 shall make a clear notation in the "Description of Violation" section of
21 a simplified traffic information, or in an area provided on a summons
22 and complaint pursuant to subdivision one of section two hundred twen-
23 ty-six of this chapter, if, arising out of the same [accident] crash,
24 someone other than the person charged was killed or suffered serious
25 physical injury as defined in section 10.00 of the penal law; such nota-
26 tion shall be in the form of a "D" if someone other than the person
27 charged was killed and such notation shall be in the form of a "S.P.I."
28 if someone other than the person charged suffered serious physical inju-
29 ry; provided however, that the failure to make such notation shall in no
30 way affect a charge for a violation of this chapter.
31 § 68. Section 604 of the vehicle and traffic law is amended to read as
32 follows:
33 § 604. Reports; contents; preparation; distribution; filing. Reports
34 of [accidents] crashes required under the preceding section, or under
35 the rules and regulations of the commissioner, shall be upon forms
36 prepared by him and contain such information as he shall prescribe.
37 Blank forms for such reports shall be printed by the commissioner and a
38 supply sent to all city, town and village clerks and to the chief offi-
39 cer of every city police department for general distribution and use as
40 herein provided. Reports of [accidents] crashes, required under the
41 preceding section, shall be sent to and filed with the commissioner at
42 the main office of the bureau of motor vehicles in the city of Albany,
43 except as otherwise provided by the rules and regulations of the commis-
44 sioner.
45 § 69. Section 605 of the vehicle and traffic law, as amended by chap-
46 ter 254 of the laws of 1989, paragraphs 1 and 2 of subdivision (a) as
47 amended by chapter 498 of the laws of 1999, paragraph 4 of subdivision
48 (a) as amended by chapter 71 of the laws of 2004 and subdivision (c) as
49 amended by chapter 161 of the laws of 1996, is amended to read as
50 follows:
51 § 605. Report required upon [accident] crash. (a) 1. Every person
52 operating a motor vehicle, except a police officer (as defined in subdi-
53 vision thirty-four of section 1.20 of the criminal procedure law), a
54 correction officer, or a firefighter, operating a police department, a
55 correction department, or fire department vehicle respectively while on
56 duty, if a report has been filed by the owner of such vehicle, which is
A. 3839 29
1 in any manner involved in [an accident] a crash, anywhere within the
2 boundaries of this state, in which any person is killed or injured, or
3 in which damage to the property of any one person, including himself, in
4 excess of one thousand dollars is sustained, shall within ten days after
5 such [accident] crash, report the matter in writing to the commissioner.
6 If such operator or chauffeur be physically incapable of making such
7 report and there be another participant in the [accident] crash not
8 incapacitated, such participant shall make such report within ten days
9 after such [accident] crash. If the operator or chauffeur involved in
10 such [accident] crash be unable to make such report, the owner of the
11 motor vehicle involved in such [accident] crash, if such owner be not
12 involved in such [accident] crash or incapacitated, shall within ten
13 days after he learns of the fact of such [accident] crash report the
14 matter to the commissioner together with such information as may have
15 come to his knowledge relating to such [accident] crash. Every such
16 operator or chauffeur of a motor vehicle, or participant in any such
17 [accident] crash, or owner of the motor vehicle involved in any such
18 [accident] crash, shall make such other and additional reports as the
19 commissioner shall require.
20 2. Failure to report an [accident] crash as herein provided or failure
21 to give correctly the information required of him by the commissioner in
22 connection with such report shall be a misdemeanor and shall constitute
23 a ground for suspension or revocation of the operator's (or chauffeur's)
24 license or all certificates of registration for any motor vehicle, or of
25 both, of the person failing to make such report as herein required. In
26 addition, the commissioner may temporarily suspend the driver's license
27 or permit or certificate of registration of the motor vehicle involved
28 in the [accident] crash, or of both, of the person failing to report [an
29 accident] a crash within the period prescribed in paragraph one of this
30 subdivision, until such report has been filed. However, no suspension or
31 a revocation shall be made of a license or certificate of registration
32 of any police officer, correction officer, or firefighter involved in
33 [an accident] a crash while on duty for failure to report such [acci-
34 dent] crash within ten days thereof if a report has been filed by the
35 owner of such vehicle.
36 3. In the case of a non-resident the failure to report [an accident] a
37 crash as herein provided shall constitute ground for suspension or revo-
38 cation of his privileges of operating a motor vehicle in this state and
39 of the operation within this state of any motor vehicle owned by him.
40 4. When a report required by this section is made by an owner or an
41 operator of a fire vehicle, as defined by section one hundred fifteen-a
42 of this chapter, or a police vehicle, as defined by section one hundred
43 thirty-two-a of this chapter, when such [accident] crash occurred during
44 the operation of such vehicle in response to an emergency where the
45 operator was responding to a call to duty as a paid or volunteer member
46 of any fire department, or in the case of a police vehicle, when such
47 [accident] crash occurred during emergency operation, as defined by
48 section one hundred fourteen-b of this chapter, the commissioner shall
49 omit the event described in such report from the operator's external
50 license abstract. Provided, however, the commissioner shall not omit
51 the event described in such report from the operator's external license
52 abstract if as a result of such event such operator has either (i) been
53 charged with a violation of this chapter or of the penal law, unless the
54 commissioner receives evidence that such charge has been dismissed, or
55 that the action has otherwise been terminated in favor of the accused
56 pursuant to section 160.50 of the criminal procedure law, or that the
A. 3839 30
1 charge has otherwise been adjudicated in an administrative or other
2 proceeding in favor of the defendant operator or (ii) been found to have
3 been grossly negligent by a final order of a court of competent juris-
4 diction.
5 (b) Every person operating a bicycle which is in any manner involved
6 in [an accident] a crash on a public highway in this state in which any
7 person is killed, other than the operator, or suffers serious physical
8 injury as defined pursuant to subdivision ten of section 10.00 of the
9 penal law, shall within ten days after such operator learns of the fact
10 of such death or serious physical injury, report the matter in writing
11 to the commissioner. If such operator is physically incapable of making
12 such report within ten days, he or she shall make the report immediately
13 upon recovery from the physical incapacity. If such operator is an
14 unemancipated minor who is incapable of making such report for any
15 reason, the parent or guardian of such operator shall make such report
16 within ten days after learning of the fact of such [accident] crash.
17 Every such operator of a bicycle, or parent or guardian of such uneman-
18 cipated minor operator, shall make such other and additional reports as
19 the commissioner shall require.
20 (c) The report required by this section shall be made in such form and
21 number as the commissioner may prescribe. Such report shall include
22 information on the width and length of trucks, tractors, trailers and
23 semitrailers, which are in excess of ninety-five inches in width or
24 thirty-four feet in length and which are involved in such [accidents]
25 crashes, whether such [accident] crash took place in a work area and
26 whether it was being operated with an overweight or over dimension
27 permit. Such report shall distinctly indicate and include information as
28 to whether the inflatable restraint system inflated and deployed.
29 § 70. Section 606 of the vehicle and traffic law, as added by chapter
30 429 of the laws of 2015, is amended to read as follows:
31 § 606. Processing of required reports. The commissioner, when process-
32 ing reports of [accidents] crashes filed pursuant to this article, shall
33 give priority to reports involving serious physical injury (as defined
34 in subdivision ten of section 10.00 of the penal law) or death.
35 § 71. Paragraphs 2 and 3 of subdivision (m) of section 1111-a of the
36 vehicle and traffic law, as amended by section 10 of part TT of chapter
37 58 of the laws of 2019, are amended to read as follows:
38 2. within each borough of such city, the aggregate number, type and
39 severity of [accidents] crashes reported at intersections where a traff-
40 ic-control signal photo violation-monitoring system is used for the
41 three years preceding the installation of such system, to the extent the
42 information is maintained by the department of motor vehicles of this
43 state;
44 3. within each borough of such city, the aggregate number, type and
45 severity of [accidents] crashes reported at intersections where a traff-
46 ic-control signal photo violation-monitoring system is used for the
47 reporting year, as well as for the preceding three years that the traff-
48 ic-control signal photo violation-monitoring system has been opera-
49 tional, to the extent the information is maintained by the department of
50 motor vehicles of this state;
51 § 72. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the
52 vehicle and traffic law, as amended by section 11 of part TT of chapter
53 58 of the laws of 2019, are amended to read as follows:
54 2. the aggregate number, type and severity of [accidents] crashes
55 reported at intersections where a traffic-control signal photo viola-
56 tion-monitoring system is used for the three years preceding the instal-
A. 3839 31
1 lation of such system, to the extent the information is maintained by
2 the department of motor vehicles of this state;
3 3. the aggregate number, type and severity of [accidents] crashes
4 reported at intersections where a traffic-control signal photo viola-
5 tion-monitoring system is used for the reporting year, as well as for
6 each year that the traffic-control signal photo violation-monitoring
7 system has been operational, to the extent the information is maintained
8 by the department of motor vehicles of this state;
9 § 73. Paragraphs 2 and 3 of subdivision (m) of section 1111-b of the
10 vehicle and traffic law, as amended by section 12 of part TT of chapter
11 58 of the laws of 2019, are amended to read as follows:
12 2. the aggregate number, type and severity of [accidents] crashes
13 reported at intersections where a traffic-control signal photo viola-
14 tion-monitoring system is used for the three years preceding the instal-
15 lation of such system, to the extent the information is maintained by
16 the department of motor vehicles of this state;
17 3. the aggregate number, type and severity of [accidents] crashes
18 reported at intersections where a traffic-control signal photo viola-
19 tion-monitoring system is used for the reporting year, as well as for
20 each year that the traffic-control signal photo violation-monitoring
21 system has been operational, to the extent the information is maintained
22 by the department of motor vehicles of this state;
23 § 74. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the
24 vehicle and traffic law, as amended by section 13 of part TT of chapter
25 58 of the laws of 2019, are amended to read as follows:
26 2. the aggregate number, type and severity of [accidents] crashes
27 reported at intersections where a traffic-control signal photo viola-
28 tion-monitoring system is used for the three years preceding the instal-
29 lation of such system, to the extent the information is maintained by
30 the department of motor vehicles of this state;
31 3. the aggregate number, type and severity of [accidents] crashes
32 reported at intersections where a traffic-control signal photo viola-
33 tion-monitoring system is used for the reporting year, as well as for
34 each year that the traffic-control signal photo violation-monitoring
35 system has been operational, to the extent the information is maintained
36 by the department of motor vehicles of this state;
37 § 75. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
38 vehicle and traffic law, as amended by section 14 of part TT of chapter
39 58 of the laws of 2019, are amended to read as follows:
40 2. the aggregate number, type and severity of [accidents] crashes
41 reported at intersections where a traffic-control signal photo viola-
42 tion-monitoring system is used for the three years preceding the instal-
43 lation of such system, to the extent the information is maintained by
44 the department of motor vehicles of this state;
45 3. the aggregate number, type and severity of [accidents] crashes
46 reported at intersections where a traffic-control signal photo viola-
47 tion-monitoring system is used for the reporting year, as well as for
48 each year that the traffic-control signal photo violation-monitoring
49 system has been operational, to the extent the information is maintained
50 by the department of motor vehicles of this state;
51 § 76. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
52 vehicle and traffic law, as amended by section 15 of part TT of chapter
53 58 of the laws of 2019, are amended to read as follows:
54 2. the aggregate number, type and severity of [accidents] crashes
55 reported at intersections where a traffic-control signal photo viola-
56 tion-monitoring system is used for the three years preceding the instal-
A. 3839 32
1 lation of such system, to the extent the information is maintained by
2 the department of motor vehicles of this state;
3 3. the aggregate number, type and severity of [accidents] crashes
4 reported at intersections where a traffic-control signal photo viola-
5 tion-monitoring system is used for the reporting year, as well as for
6 each year that the traffic-control signal photo violation-monitoring
7 system has been operational, to the extent the information is maintained
8 by the department of motor vehicles of this state;
9 § 77. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
10 vehicle and traffic law, as amended by section 16 of part TT of chapter
11 58 of the laws of 2019, are amended to read as follows:
12 2. the aggregate number, type and severity of [accidents] crashes
13 reported at intersections where a traffic-control signal photo viola-
14 tion-monitoring system is used for the three years preceding the instal-
15 lation of such system, to the extent the information is maintained by
16 the department of motor vehicles of this state;
17 3. the aggregate number, type and severity of [accidents] crashes
18 reported at intersections where a traffic-control signal photo viola-
19 tion-monitoring system is used for the reporting year, as well as for
20 each year that the traffic-control signal photo violation-monitoring
21 system has been operational, to the extent the information is maintained
22 by the department of motor vehicles of this state;
23 § 78. Paragraphs 2 and 3 of subdivision (m) of section 1111-e of the
24 vehicle and traffic law, as amended by section 17 of part TT of chapter
25 58 of the laws of 2019, are amended to read as follows:
26 2. the aggregate number, type and severity of [accidents] crashes
27 reported at intersections where a traffic-control signal photo viola-
28 tion-monitoring system is used for the three years preceding the instal-
29 lation of such system, to the extent the information is maintained by
30 the department of motor vehicles of this state;
31 3. the aggregate number, type and severity of [accidents] crashes
32 reported at intersections where a traffic-control signal photo viola-
33 tion-monitoring system is used for the reporting year, as well as for
34 each year that the traffic-control signal photo violation-monitoring
35 system has been operational, to the extent the information is maintained
36 by the department of motor vehicles of this state;
37 § 79. Section 1131 of the vehicle and traffic law, as amended by chap-
38 ter 294 of the laws of 2016, is amended to read as follows:
39 § 1131. Driving on shoulders and slopes. Except for bicycles and those
40 classes of vehicles required to travel on shoulders or slopes, no motor
41 vehicle shall be driven over, across, along, or within any shoulder or
42 slope of any state controlled-access highway except at a location
43 specifically authorized and posted by the department of transportation.
44 The foregoing limitation shall not prevent tow trucks from using shoul-
45 ders or slopes in as limited and incidental a manner as practicable when
46 dispatched to the scene of [an accident] a crash by a law enforcement
47 agency or an authority, department or agency having jurisdiction over
48 such controlled-access highway and all lanes are obstructed by traffic,
49 provided, however, that the foregoing shall not relieve the driver of a
50 tow truck from the duty to drive with due regard for the safety of all
51 persons nor shall such provision protect the tow truck driver from the
52 consequences of his or her reckless disregard for the safety of others
53 and shall at all times operate such tow truck in compliance with all
54 standards of care imposed to prevent those injuries or damages to
55 persons or property of another which may result from the operator's
56 negligence, recklessness or intentional misconduct, nor shall it prevent
A. 3839 33
1 motor vehicles from using shoulders or slopes when directed by police
2 officers or flagpersons, nor does it prevent motor vehicles from stop-
3 ping, standing, or parking on shoulders or slopes where such stopping,
4 standing, or parking is lawful.
5 § 80. Paragraph 1 of subdivision (c) of section 1146 of the vehicle
6 and traffic law, as amended by chapter 333 of the laws of 2010, is
7 amended to read as follows:
8 1. A driver of a motor vehicle who causes serious physical injury as
9 defined in article ten of the penal law to a pedestrian or bicyclist
10 while failing to exercise due care in violation of subdivision (a) of
11 this section, shall be guilty of a traffic infraction punishable by a
12 fine of not more than seven hundred fifty dollars or by imprisonment for
13 not more than fifteen days or by required participation in a motor vehi-
14 cle [accident] crash prevention course pursuant to paragraph (e-1) of
15 subdivision two of section 65.10 of the penal law or by any combination
16 of such fine, imprisonment or course, and by suspension of a license or
17 registration pursuant to subparagraph (xiv) or (xv) of paragraph b of
18 subdivision two of section five hundred ten of this chapter.
19 § 81. Paragraph 2 of subdivision (c) of section 1170 of the vehicle
20 and traffic law, as amended by chapter 501 of the laws of 2016, is
21 amended to read as follows:
22 2. Any person convicted of a violation of this section resulting in
23 [an accident] a crash which causes physical injury, as that term is
24 defined pursuant to subdivision nine of section 10.00 of the penal law,
25 serious physical injury, as that term is defined pursuant to subdivision
26 ten of section 10.00 of the penal law, or death to another person, shall
27 be guilty of a class E felony.
28 § 82. Subdivision 1 of section 1180-a of the vehicle and traffic law,
29 as amended by chapter 464 of the laws of 2003, is amended to read as
30 follows:
31 1. Notwithstanding any other provision of law, no city, village, town,
32 county, public authority, division, office or department of the state
33 shall maintain or create (a) any speed limit in excess of fifty-five
34 miles per hour on any road, highway, parkway or bridge or (b) any speed
35 limit on any other portion of a public highway, which is not uniformly
36 applicable to all types of motor vehicles using such portion of highway,
37 if on November first, nineteen hundred seventy-three, such portion of
38 highway had a speed limit which was uniformly applicable to all types of
39 motor vehicles using it; provided however, a lower speed limit may be
40 established for any vehicle operating under a special permit because of
41 any weight or dimension of such vehicle, including any load thereon, and
42 (c) provided further, paragraph (b) of this subdivision shall not apply
43 to any portion of a highway during such time that the condition of the
44 highway, weather, [an accident] a crash, or other condition creates a
45 temporary hazard to the safety of traffic on such portion of a highway.
46 However, the commissioner of the department of transportation may estab-
47 lish a maximum speed limit of not more than sixty-five miles per hour on
48 any state roadway which meets department criteria for such maximum
49 speed.
50 § 83. Subdivision 1 of section 1194 of the vehicle and traffic law, as
51 added by chapter 47 of the laws of 1988, is amended to read as follows:
52 1. Arrest and field testing. (a) Arrest. Notwithstanding the
53 provisions of section 140.10 of the criminal procedure law, a police
54 officer may, without a warrant, arrest a person, in case of a violation
55 of subdivision one of section eleven hundred ninety-two of this article,
56 if such violation is coupled with [an accident] a crash or collision in
A. 3839 34
1 which such person is involved, which in fact has been committed, though
2 not in the police officer's presence, when the officer has reasonable
3 cause to believe that the violation was committed by such person.
4 (b) Field testing. Every person operating a motor vehicle which has
5 been involved in [an accident] a crash or which is operated in violation
6 of any of the provisions of this chapter shall, at the request of a
7 police officer, submit to a breath test to be administered by the police
8 officer. If such test indicates that such operator has consumed alcohol,
9 the police officer may request such operator to submit to a chemical
10 test in the manner set forth in subdivision two of this section.
11 § 84. Paragraph (f) of subdivision 5 of section 1197 of the vehicle
12 and traffic law, as added by chapter 47 of the laws of 1988, is amended
13 to read as follows:
14 (f) Obtain and assemble data on alcohol-related [accident] crash
15 arrests, convictions and [accidents] crashes and to analyze, study, and
16 consolidate such data for educational, research and informational
17 purposes.
18 § 85. Section 1229-a of the vehicle and traffic law, as added by chap-
19 ter 654 of the laws of 1969 and as renumbered by chapter 274 of the laws
20 of 1971, is amended to read as follows:
21 § 1229-a. Pedestrians, animals, and non-motorized vehicles prohibited
22 on state expressway highways or state interstate route highways includ-
23 ing the entrances thereto and exits therefrom. No person, unless other-
24 wise directed by a police officer shall: (a) As a pedestrian, occupy any
25 space within the limits of a state expressway highway or state inter-
26 state route highway, including the entrances thereto and exits there-
27 from, except: in a rest area, parking area, or scenic overlook; in the
28 performance of public works or official duties; as a result of an emer-
29 gency caused by [an accident] a crash or breakdown of a motor vehicle or
30 to obtain assistance; where a sidewalk, footpath or pedestrian crossing
31 of such a highway is provided; (b) Occupy any space of a state express-
32 way highway or state interstate route highway, including the entrances
33 thereto and exits therefrom, with: an animal-drawn vehicle; herded
34 animals, a pushcart; a bicycle; except in the performance of public
35 works or official duties, or on paths or parts of such highway provided
36 for such uses.
37 § 86. Paragraph (b) of subdivision 2 of section 1229-b of the vehicle
38 and traffic law, as added by chapter 19 of the laws of 2000, is amended
39 to read as follows:
40 (b) Notwithstanding any other provision of this section to the contra-
41 ry, standing passengers may be permitted without limitation as to number
42 during the first ten days of session in each school year, and in circum-
43 stances where a breakdown, [accident] crash, or other unforeseen occur-
44 rence necessitates the transportation of standing passengers.
45 § 87. Subdivision (a) of section 1602 of the vehicle and traffic law,
46 as amended by chapter 498 of the laws of 1969, is amended to read as
47 follows:
48 (a) Whenever a police officer shall deem it advisable during a fire or
49 at the time of any [accident] crash or special emergency and only for
50 such period of time as is necessitated thereby for the public safety or
51 convenience, temporarily to close any street or part thereof to vehicu-
52 lar traffic, or to vehicles of a certain description, or to divert the
53 traffic thereof, or to divert or break a course of pedestrian traffic,
54 such official shall have power and authority to do so.
A. 3839 35
1 § 88. Subdivision 19 of section 1630 of the vehicle and traffic law,
2 as amended by chapter 795 of the laws of 1974, is amended to read as
3 follows:
4 19. Vehicles illegally parked, stopped or standing, or vehicles
5 involved in [accidents] crashes, including, but not limited to, the
6 removal and storage of such vehicles, the fixing of reasonable charges,
7 to be paid by the owner, operator or person entitled to possession, for
8 such removal and storage and for other expenses incurred in connection
9 therewith, the creation of liens on such vehicles for such charges and
10 expenses, the enforcement of such liens, the determination of ownership
11 or right to possession of such vehicles, the time before such vehicles
12 are deemed abandoned vehicles pursuant to section twelve hundred twen-
13 ty-four of this chapter, and the disposition of the proceeds of sales
14 held pursuant to said section.
15 § 89. Paragraph 20 of subdivision (a) of section 1642 of the vehicle
16 and traffic law, as amended by chapter 795 of the laws of 1974, is
17 amended to read as follows:
18 20. Vehicles illegally parked, stopped or standing, or vehicles
19 involved in [accidents] crashes, including, but not limited to, the
20 removal and storage of such vehicles, the fixing of reasonable charges,
21 to be paid by the owner, operator or person entitled to possession, for
22 such removal and storage and for other expenses incurred in connection
23 therewith, the creation of liens on such vehicles for such charges and
24 expenses, the enforcement of such liens, the determination of ownership
25 or right to possession of such vehicles, the time before such vehicles
26 are deemed abandoned vehicles pursuant to section twelve hundred twen-
27 ty-four of this chapter, and the disposition of the proceeds of sales
28 held pursuant to said section.
29 § 90. Clause (iii) of subparagraph (b) of paragraph 27 of subdivision
30 (a) of section 1642 of the vehicle and traffic law, as amended by chap-
31 ter 248 of the laws of 2014, is amended to read as follows:
32 (iii) a comparison of the aggregate type, number, and severity of
33 [accidents] crashes reported on streets on which street calming measures
34 and lower speed limits were implemented in the year preceding the imple-
35 mentation of such measures and policies and the year following the
36 implementation of such measures and policies, to the extent this infor-
37 mation is maintained by any agency of the state or the city.
38 § 91. Section 1675 of the vehicle and traffic law, as amended by chap-
39 ter 669 of the laws of 1996, is amended to read as follows:
40 § 1675. Functions of the board. The board is authorized:
41 1. To promote and encourage street and highway traffic safety.
42 2. To formulate highway safety programs and coordinate efforts of
43 interested parties and agencies engaged in traffic safety education
44 within such city, town, borough or county.
45 3. To cooperate with local officials in the formulation and execution
46 of traffic safety programs and activities.
47 4. To study traffic conditions on streets and highways, study and
48 analyze reports of [accidents] crashes and causes thereof, and recommend
49 to the appropriate legislative bodies, departments or commissions, such
50 changes in rules, orders, regulations and existing law as the board may
51 deem advisable.
52 5. To conduct meetings whenever and wherever the board shall deem it
53 advisable and to invite to such meetings parties and agencies, public
54 and private, interested in traffic regulation, control and safety educa-
55 tion.
56 6. To promote safety education for drivers and pedestrians.
A. 3839 36
1 7. To obtain and assemble motor vehicle [accident] crash data, and to
2 analyze, study and consolidate such data for educational and informa-
3 tional purposes.
4 8. Coordinate and direct local activities related to the implementa-
5 tion of the state highway safety program, as approved by the governor or
6 his designee.
7 § 92. Subdivision 10 of section 2401 of the vehicle and traffic law,
8 as added by chapter 402 of the laws of 1986, is amended to read as
9 follows:
10 10. "Operation as emergency vehicle" shall mean the operation or park-
11 ing of an authorized emergency ATV, police or civil defense ATV, includ-
12 ing attendant equipment, displaying emergency lights as provided in
13 section twenty-four hundred six of this article and which ATV is engaged
14 in transporting a sick or injured person to the nearest medical facility
15 or appropriate site for transfer to an ambulance as defined in article
16 thirty of the public health law, transporting emergency medical
17 services, personnel and equipment to sick or injured persons, pursuing
18 an actual or suspected violator of the law or responding to, or working
19 or assisting at the scene of [an accident] a crash, disaster, police
20 call, alarm or other emergency but shall not include returning from such
21 service.
22 § 93. Section 2413 of the vehicle and traffic law, as added by chapter
23 402 of the laws of 1986, is amended to read as follows:
24 § 2413. [Accidents] Crashes; reports. 1. The operator of any ATV
25 involved in any [accident] crash resulting in injuries to or death of
26 any person or in which property damage in the estimated amount of six
27 hundred dollars or more is sustained, shall immediately notify the near-
28 est law enforcement agency and shall within ten days after such [acci-
29 dent] crash report the matter in writing to the department, with a copy
30 thereof to the sheriff or police commissioner of the county in which
31 said [accident] crash occurred. If such operator is physically incapable
32 of making such report and there is another participant in the [accident]
33 crash not so incapacitated such participant shall make the report within
34 the allotted time after such [accident] crash. In the event that there
35 is no other participant and the operator is other than the owner, then
36 the owner shall within the prescribed period of time, after learning of
37 the facts of such [accident] crash, report the matter to the department,
38 together with such information as may have come to his knowledge relat-
39 ing to such [accident] crash. Every such operator of an ATV, or partic-
40 ipant of any such [accident] crash, or the owner, of the ATV involved in
41 any such [accident] crash, shall make such other and additional reports
42 as the commissioner shall require.
43 2. Whenever any ATV meets with [an accident] a crash involving a loss
44 of life, personal injury or damage to property and the operator thereof
45 has knowledge of such [accident] crash, he shall stop and give his name
46 and address, the name and address of the owner thereof and the registra-
47 tion number assigned to said ATV to the injured person or the person
48 sustaining the damage, or to a peace or police officer. In the event the
49 person sustaining the damage is not present at the place where the
50 damage occurred, the operator shall, as soon as physically able, report
51 the same to the nearest law enforcement agency.
52 3. A peace, police, or judicial officer who investigates or receives
53 information of [an accident] a crash involving an ATV shall make a writ-
54 ten report of the investigation or information received, and such addi-
55 tional facts relating to the [accident] crash as may come to his know-
A. 3839 37
1 ledge and mail the same within forty-eight hours to the department and
2 keep a record thereof in his office.
3 4. Failure of any person to report [an accident] a crash as herein
4 provided or failure to give correctly the information required of him by
5 the commissioner in connection with such report shall be a misdemeanor
6 and shall constitute a ground for suspension or revocation of the ATV
7 safety certificate of any person or the certificate of registration of
8 any ATV involved in the [accident] crash. The commissioner may tempo-
9 rarily suspend the ATV safety certificate of the person failing to make
10 such report or the certificate of registration of the ATV involved in
11 the [accident] crash until such report has been filed.
12 § 94. Section 3650-c of the education law, as added by section 71 of
13 part A of chapter 436 of the laws of 1997, is amended to read as
14 follows:
15 § 3650-c. [Accident] Crash report data base. The commissioner, in
16 consultation with the commissioner of motor vehicles, shall establish an
17 electronic data file containing [accident] crash reports relating to
18 school buses.
19 § 95. Paragraph (g) of subdivision 5 and paragraph (a) of subdivision
20 6 of section 396-z of the general business law, as amended by chapter
21 109 of the laws of 2018, are amended to read as follows:
22 (g) (i) For purposes of this subdivision, each of the following shall
23 constitute an "incident report form": (A) a motor vehicle [accident]
24 crash report pursuant to section six hundred five of the vehicle and
25 traffic law; or (B) any similar appropriate form furnished by the rental
26 vehicle company.
27 (ii) An incident report form described in clause (B) of subparagraph
28 (i) of this paragraph:
29 (A) may be sent or given to a renter and/or authorized driver, as
30 applicable, with a request that the renter and/or authorized driver
31 provide information pursuant to this section concerning damage to a
32 vehicle rented to the renter or operated by an authorized driver, as the
33 case may be; and
34 (B) such a form may also be made available as a fill-in form on the
35 rental vehicle company's website, and the renter or authorized driver,
36 as the case may be, shall be advised of the availability of such web-
37 based fill-in form when a request for incident information is made under
38 this subdivision.
39 (a) A rental vehicle company may hold an authorized driver liable to
40 the extent permitted under this chapter for physical or mechanical
41 damage to the rental vehicle that occurs during the time the rental
42 vehicle is under the rental agreement; provided, however, that an
43 authorized driver shall not be liable for any normal wear and tear or
44 mechanical damage that could reasonably be expected from normal use of
45 the vehicle. For the purposes of this subdivision, the term "normal wear
46 and tear" shall mean the deterioration of the condition of the vehicle
47 or its component parts due to repetitive use and does not include damage
48 that materially diminishes the value of the vehicle and arises from a
49 specific occurrence or [accident] crash during the time the rental vehi-
50 cle is subject to the rental agreement; and the term "actual and reason-
51 able costs" shall mean the cost to repair the vehicle including all
52 discounts and price adjustments available to the rental vehicle company
53 and shall include costs for towing, storage, and impound fees where
54 applicable.
A. 3839 38
1 § 96. Paragraph (g) of subdivision 5 and paragraph (a) of subdivision
2 6 of section 369-z of the general business law, as amended by chapter
3 731 of the laws of 2006, are amended to read as follows:
4 (g) For purposes of this subdivision, an "incident report" shall be
5 defined as a motor vehicle [accident] crash report pursuant to section
6 six hundred five of the vehicle and traffic law or any similar appropri-
7 ate form furnished by the rental vehicle company.
8 (a) A rental vehicle company may hold an authorized driver liable to
9 the extent permitted under this chapter for physical or mechanical
10 damage to the rental vehicle that occurs during the time the rental
11 vehicle is under the rental agreement; provided, however, that a renter
12 shall not be liable for mechanical damage unrelated to an [accident]
13 crash, nor for any normal wear and tear or other mechanical damage that
14 could reasonably be expected from normal use of the vehicle, except in
15 instances where abuse or neglect by the driver is shown. For the
16 purposes of this subdivision, "actual and reasonable costs" shall mean
17 the repair price reduced by all discounts paid by the rental vehicle
18 company to the repairer of the vehicle, including costs for towing,
19 storage, and impound fees.
20 § 97. Paragraphs 1, 2 and 3 of subsection (f) of section 3420 of the
21 insurance law, paragraph 1 and subparagraph (A) of paragraph 2 as
22 amended by section 19 of part III of chapter 59 of the laws of 2019 and
23 paragraph 2 as separately amended by chapters 547 and 568 of the laws of
24 1997, are amended to read as follows:
25 (1) No policy insuring against loss resulting from liability imposed
26 by law for bodily injury or death suffered by any natural person arising
27 out of the ownership, maintenance and use of a motor vehicle or an
28 altered motor vehicle commonly referred to as a "stretch limousine"
29 having a seating capacity of eight or more passengers used in the busi-
30 ness of carrying or transporting passengers for hire, by the insured
31 shall be issued or delivered by any authorized insurer upon any motor
32 vehicle or an altered motor vehicle commonly referred to as a "stretch
33 limousine" having a seating capacity of eight or more passengers used in
34 the business of carrying or transporting passengers for hire, then prin-
35 cipally garaged or principally used in this state unless it contains a
36 provision whereby the insurer agrees that it will pay to the insured, as
37 defined in such provision, subject to the terms and conditions set forth
38 therein to be prescribed by the board of directors of the Motor Vehicle
39 [Accident] Crash Indemnification Corporation and approved by the super-
40 intendent, all sums, not exceeding a maximum amount or limit of twenty-
41 five thousand dollars exclusive of interest and costs, on account of
42 injury to and all sums, not exceeding a maximum amount or limit of fifty
43 thousand dollars exclusive of interest and costs, on account of death of
44 one person, in any one [accident] crash, and the maximum amount or
45 limit, subject to such limit for any one person so injured of fifty
46 thousand dollars or so killed of one hundred thousand dollars, exclusive
47 of interest and costs, on account of injury to, or death of, more than
48 one person in any one [accident] crash, which the insured or his legal
49 representative shall be entitled to recover as damages from an owner or
50 operator of an uninsured motor vehicle, unidentified motor vehicle which
51 leaves the scene of [an accident] a crash, a motor vehicle registered in
52 this state as to which at the time of the [accident] crash there was not
53 in effect a policy of liability insurance, a stolen vehicle, a motor
54 vehicle operated without permission of the owner, an insured motor vehi-
55 cle where the insurer disclaims liability or denies coverage or an
56 unregistered vehicle because of bodily injury, sickness or disease,
A. 3839 39
1 including death resulting therefrom, sustained by the insured, caused by
2 [accident] a crash occurring in this state and arising out of the owner-
3 ship, maintenance or use of such motor vehicle. No payment for non-eco-
4 nomic loss shall be made under such policy provision to a covered person
5 unless such person has incurred a serious injury, as such terms are
6 defined in section five thousand one hundred two of this chapter. Such
7 policy shall not duplicate any element of basic economic loss provided
8 for under article fifty-one of this chapter. No payments of first party
9 benefits for basic economic loss made pursuant to such article shall
10 diminish the obligations of the insurer under this policy provision for
11 the payment of non-economic loss and economic loss in excess of basic
12 economic loss. Notwithstanding any inconsistent provisions of section
13 three thousand four hundred twenty-five of this article, any such policy
14 which does not contain the aforesaid provisions shall be construed as if
15 such provisions were embodied therein.
16 (2) (A) Any such policy shall, at the option of the insured, also
17 provide supplementary uninsured/underinsured motorists insurance for
18 bodily injury, in an amount up to the bodily injury liability insurance
19 limits of coverage provided under such policy, subject to a maximum of
20 two hundred fifty thousand dollars because of bodily injury to or death
21 of one person in any one [accident] crash and, subject to such limit for
22 one person, up to five hundred thousand dollars because of bodily injury
23 to or death of two or more persons in any one [accident] crash, or a
24 combined single limit policy of five hundred thousand dollars because of
25 bodily injury to or death of one or more persons in any one [accident]
26 crash; and any such policy insuring against loss resulting from liabil-
27 ity imposed by law for bodily injury or death suffered by any natural
28 person arising out of the ownership, maintenance, and use of an altered
29 motor vehicle commonly referred to as a "stretch limousine" having a
30 seating capacity of eight or more passengers used in the business of
31 carrying or transporting passengers for hire, shall provide supplementa-
32 ry uninsured/underinsured motorists insurance for bodily injury, in an
33 amount of a combined single limit of one million five hundred thousand
34 dollars because of bodily injury or death of one or more persons in any
35 one [accident] crash. Provided however, an insurer issuing any such
36 policy, except a policy insuring against loss resulting from liability
37 imposed by law for bodily injury or death suffered by any natural person
38 arising out of the ownership, maintenance, and use of an altered motor
39 vehicle commonly referred to as a "stretch limousine" having a seating
40 capacity of eight or more passengers used in the business of carrying or
41 transporting passengers for hire, in lieu of offering to the insured the
42 coverages stated above, may provide supplementary uninsured/underinsured
43 motorists insurance for bodily injury, in an amount up to the bodily
44 injury liability insurance limits of coverage provided under such poli-
45 cy, subject to a maximum of one hundred thousand dollars because of
46 bodily injury to or death of one person in any one [accident] crash and,
47 subject to such limit for one person, up to three hundred thousand
48 dollars because of bodily injury to or death of two or more persons in
49 any one [accident] crash, or a combined single limit policy of three
50 hundred thousand dollars because of bodily injury to or death of one or
51 more persons in any one [accident] crash, if such insurer also makes
52 available a personal umbrella policy with liability coverage limits up
53 to at least five hundred thousand dollars which also provides coverage
54 for supplementary uninsured/underinsured motorists claims. Supplementary
55 uninsured/underinsured motorists insurance shall provide coverage, in
56 any state or Canadian province, if the limits of liability under all
A. 3839 40
1 bodily injury liability bonds and insurance policies of another motor
2 vehicle liable for damages are in a lesser amount than the bodily injury
3 liability insurance limits of coverage provided by such policy. Upon
4 written request by any insured covered by supplemental
5 uninsured/underinsured motorists insurance or his duly authorized repre-
6 sentative and upon disclosure by the insured of the insured's bodily
7 injury and supplemental uninsured/underinsured motorists insurance
8 coverage limits, the insurer of any other owner or operator of another
9 motor vehicle against which a claim has been made for damages to the
10 insured shall disclose, within forty-five days of the request, the bodi-
11 ly injury liability insurance limits of its coverage provided under the
12 policy or all bodily injury liability bonds. The time of the insured to
13 make any supplementary uninsured/underinsured motorist claim, shall be
14 tolled during the period the insurer of any other owner or operator of
15 another motor vehicle that may be liable for damages to the insured,
16 fails to so disclose its coverage. As a condition precedent to the obli-
17 gation of the insurer to pay under the supplementary
18 uninsured/underinsured motorists insurance coverage, the limits of
19 liability of all bodily injury liability bonds or insurance policies
20 applicable at the time of the [accident] crash shall be exhausted by
21 payment of judgments or settlements.
22 (B) In addition to the notice provided, upon issuance of a policy of
23 motor vehicle liability insurance pursuant to regulations promulgated by
24 the superintendent, insurers shall notify insureds, in writing, of the
25 availability of supplementary uninsured/underinsured motorists coverage.
26 Such notification shall contain an explanation of supplementary
27 uninsured/underinsured motorists coverage and the amounts in which it
28 can be purchased. Subsequently, a notification of availability shall be
29 provided at least once a year and may be simplified pursuant to regu-
30 lations promulgated by the superintendent, but must include a concise
31 statement that supplementary uninsured/underinsured motorists coverage
32 is available, an explanation of such coverage, and the coverage limits
33 that can be purchased from the insurer.
34 (3) The protection provided by this subsection shall not apply to any
35 cause of action by an insured person arising out of a motor vehicle
36 [accident] crash occurring in this state against a person whose identity
37 is unascertainable, unless the bodily injury to the insured person arose
38 out of physical contact of the motor vehicle causing the injury with the
39 insured person or with a motor vehicle which the insured person was
40 occupying (meaning in or upon or entering into or alighting from) at the
41 time of the [accident] crash.
42 § 97-a. Subparagraph (A) and clause (i) of subparagraph (B) of para-
43 graph 2-a of subsection (f) of section 3420 of the insurance law, as
44 amended by chapter 15 of the laws of 2018, are amended to read as
45 follows:
46 (A) Notwithstanding paragraph two of this subsection, this paragraph
47 shall apply to any new insurance policy or contract subject to this
48 subsection entered into after the effective date of this paragraph.
49 This paragraph shall not be deemed to apply to any policies originally
50 entered into prior to the effective date of this paragraph, but renewed
51 after the effective date of this paragraph, or to any policy of commer-
52 cial risk insurance. Any new insurance policy or contract entered into
53 after the effective date of this paragraph shall, at the option of the
54 first named insured, also provide supplementary uninsured/underinsured
55 motorists insurance for bodily injury, in an amount equal to the bodily
56 injury liability insurance limits of coverage provided under such motor
A. 3839 41
1 vehicle liability insurance policy; provided, however, that a first
2 named insured may exercise the choice to decline such supplementary
3 uninsured/underinsured motorists insurance or select a lower amount of
4 coverage through a written waiver signed, or electronically signed, by
5 such insured, subject to the requirements of subparagraph (B) of this
6 paragraph. Supplementary uninsured/underinsured motorists insurance
7 shall provide coverage, in any state or Canadian province, if the limits
8 of liability under all bodily injury liability bonds and insurance poli-
9 cies of any other motor vehicle liable for damages are in a lesser
10 amount than the bodily injury liability insurance limits of coverage
11 provided by such policy. Upon written request by any insured covered by
12 supplemental uninsured/underinsured motorists insurance or a duly
13 authorized representative and upon disclosure by the insured of the
14 insured's bodily injury and supplemental uninsured/underinsured motor-
15 ists insurance coverage limits, the insurer of any other owner or opera-
16 tor of another motor vehicle against which a claim has been made for
17 damages to the insured shall disclose, within forty-five days of the
18 request, the bodily injury liability insurance limits of its coverage
19 provided under the policy or all bodily injury liability bonds. The time
20 of the insured to make any supplementary uninsured/underinsured motorist
21 claim, shall be tolled during the period the insurer of any other owner
22 or operator of another motor vehicle that may be liable for damages to
23 the insured, fails to so disclose its coverage. As a condition precedent
24 to the obligation of the insurer to pay under the supplementary
25 uninsured/underinsured motorists insurance coverage, the limits of
26 liability of all bodily injury liability bonds or insurance policies
27 applicable at the time of the [accident] crash shall be exhausted by
28 payment of judgments or settlements.
29 (i) The form shall also advise that supplementary
30 uninsured/underinsured motorists coverage (sum coverage) provides insur-
31 ance protection for any person included as insured under your policy if
32 he or she is injured in [an accident] a crash involving another motor
33 vehicle whose owner or operator was negligent but who has either no
34 bodily injury or liability insurance, or less than the insurance you
35 carry. Sum coverage shall be equal to the level of the bodily injury
36 liability coverage of your motor vehicle liability insurance policy
37 unless you sign a waiver requesting lower coverage or declining the
38 coverage. You are urged to carefully consider this decision.
39 § 97-b. Paragraph 2 of subsection (d) of section 3420 of the insurance
40 law, as amended by chapter 388 of the laws of 2008, is amended to read
41 as follows:
42 (2) If under a liability policy issued or delivered in this state, an
43 insurer shall disclaim liability or deny coverage for death or bodily
44 injury arising out of a motor vehicle [accident] crash or any other type
45 of [accident] crash occurring within this state, it shall give written
46 notice as soon as is reasonably possible of such disclaimer of liability
47 or denial of coverage to the insured and the injured person or any other
48 claimant.
49 § 98. Paragraphs 2 and 3 of subsection (a) of section 5102 of the
50 insurance law, paragraph 2 as amended by chapter 320 of the laws of
51 1991, are amended to read as follows:
52 (2) Loss of earnings from work which the person would have performed
53 had he not been injured, and reasonable and necessary expenses incurred
54 by such person in obtaining services in lieu of those that he would have
55 performed for income, up to two thousand dollars per month for not more
56 than three years from the date of the [accident] crash causing the inju-
A. 3839 42
1 ry. An employee who is entitled to receive monetary payments, pursuant
2 to statute or contract with the employer, or who receives voluntary
3 monetary benefits paid for by the employer, by reason of the employee's
4 inability to work because of personal injury arising out of the use or
5 operation of a motor vehicle, is not entitled to receive first party
6 benefits for "loss of earnings from work" to the extent that such mone-
7 tary payments or benefits from the employer do not result in the employ-
8 ee suffering a reduction in income or a reduction in the employee's
9 level of future benefits arising from a subsequent illness or injury.
10 (3) All other reasonable and necessary expenses incurred, up to twen-
11 ty-five dollars per day for not more than one year from the date of the
12 [accident] crash causing the injury.
13 § 98-a. Paragraph 1 of subsection (a) of section 5102 of the insurance
14 law, as amended by chapter 601 of the laws of 2022, is amended to read
15 as follows:
16 (1) All necessary expenses incurred for: (i) medical, hospital
17 (including services rendered in compliance with article forty-one of the
18 public health law, whether or not such services are rendered directly by
19 a hospital), surgical, nursing, dental, ambulance, x-ray, prescription
20 drug and prosthetic services; (ii) psychiatric, physical therapy
21 (provided that treatment is rendered pursuant to a referral) and occupa-
22 tional therapy and rehabilitation (provided that treatment is rendered
23 pursuant to a referral); (iii) any non-medical remedial care and treat-
24 ment rendered in accordance with a religious method of healing recog-
25 nized by the laws of this state; and (iv) any other professional health
26 services; all without limitation as to time, provided that within one
27 year after the date of the [accident] crash causing the injury it is
28 ascertainable that further expenses may be incurred as a result of the
29 injury. For the purpose of determining basic economic loss, the expenses
30 incurred under this paragraph shall be in accordance with the limita-
31 tions of section five thousand one hundred eight of this article.
32 § 99. Paragraph 1 of subsection (d) of section 5106 of the insurance
33 law, as amended by section 8 of part AAA of chapter 59 of the laws of
34 2017, is amended to read as follows:
35 (1) Except as provided in paragraph two of this subsection, where
36 there is reasonable belief more than one insurer would be the source of
37 first party benefits, the insurers may agree among themselves, if there
38 is a valid basis therefor, that one of them will accept and pay the
39 claim initially. If there is no such agreement, then the first insurer
40 to whom notice of claim is given shall be responsible for payment. Any
41 such dispute shall be resolved in accordance with the arbitration proce-
42 dures established pursuant to section five thousand one hundred five of
43 this article and regulations as promulgated by the superintendent, and
44 any insurer paying first-party benefits shall be reimbursed by other
45 insurers for their proportionate share of the costs of the claim and the
46 allocated expenses of processing the claim, in accordance with the
47 provisions entitled "other coverage" contained in regulation and the
48 provisions entitled "other sources of first-party benefits" contained in
49 regulation. If there is no such insurer and the motor vehicle [accident]
50 crash occurs in this state, then an applicant who is a qualified person
51 as defined in article fifty-two of this chapter shall institute the
52 claim against the motor vehicle [accident] crash indemnification corpo-
53 ration.
54 § 100. The article heading of article 52 of the insurance law is
55 amended to read as follows:
A. 3839 43
1 MOTOR VEHICLE [ACCIDENT] CRASH INDEMNIFICATION
2 CORPORATION
3 § 101. Subsections (f) and (j) of section 5202 of the insurance law
4 are amended to read as follows:
5 (f) "Corporation" means the "motor vehicle [accident] crash indemnifi-
6 cation corporation".
7 (j) "Financially irresponsible motorist" means the owner, operator, or
8 other person legally responsible for the operation of an uninsured motor
9 vehicle involved in [an accident] a crash resulting in personal injury
10 or death who did not have in effect at the time of such [accident] crash
11 either:
12 (1) a valid and collectible policy of bodily injury liability and
13 property damage liability insurance or bond with applicable limits at
14 least equal to those specified in section three hundred eleven of the
15 vehicle and traffic law; or
16 (2) a certificate of self insurance issued by the department of motor
17 vehicles pursuant to section three hundred sixteen of the vehicle and
18 traffic law; or
19 (3) who has not otherwise complied with the provisions of section
20 three hundred twelve of the vehicle and traffic law; or
21 (4) who does not have in effect at the time of such [accident] crash a
22 valid and collectible policy of bodily injury liability and property
23 damage liability insurance with applicable limits at least equal to
24 those specified in section 25.13 of the parks, recreation and historic
25 preservation law.
26 § 102. Subsection (f) of section 7602 of the insurance law is amended
27 to read as follows:
28 (f) "Motor vehicle [accident] crash" means either [an accident] a
29 crash occurring within or without this state arising out of the owner-
30 ship, operation or maintenance of a motor vehicle which is principally
31 garaged in this state or [an accident] a crash occurring within this
32 state arising out of the ownership, operation or maintenance of a motor
33 vehicle which is not principally garaged in this state.
34 § 103. Section 301-c of the military law, as added by chapter 489 of
35 the laws of 2011, is amended to read as follows:
36 § 301-c. [Accident] Crash prevention course information. The division
37 of military and naval affairs shall provide returning servicemen and
38 women who have returned from a combat theater or combat zone of oper-
39 ations with information about [accident] crash prevention courses
40 approved by the commissioner of motor vehicles pursuant to article
41 twelve-B of the vehicle and traffic law. This information may be
42 provided in written form to be available at Yellow Ribbon Reintegration
43 programs or any other reintegration programs offered by the division or
44 may be made available online on the division's website. The division
45 shall also provide a link to the department of motor vehicles website
46 pages containing information about the [accident] crash prevention
47 courses.
48 § 104. Paragraph (e-1) of subdivision 2 of section 65.10 of the penal
49 law, as added by chapter 571 of the laws of 2006, is amended to read as
50 follows:
51 (e-1) Participate in a motor vehicle [accident] crash prevention
52 course. The court may require such condition where a person has been
53 convicted of a traffic infraction for a violation of article twenty-six
54 of the vehicle and traffic law where the commission of such violation
55 caused the serious physical injury or death of another person. For
56 purposes of this paragraph, the term "motor vehicle [accident] crash
A. 3839 44
1 prevention course" shall mean a motor vehicle [accident] crash
2 prevention course approved by the department of motor vehicles pursuant
3 to article twelve-B of the vehicle and traffic law;
4 § 105. Section 387 of the public authorities law, as added by chapter
5 700 of the laws of 2004, is amended to read as follows:
6 § 387. Fees for searches and copies of [accident] crash and [accident]
7 crash reconstruction reports. Notwithstanding any other law to the
8 contrary, the fees for searching the records of the authority for [an
9 accident] a crash report, for furnishing a copy of [an accident] a crash
10 report, and for furnishing a copy of [an accident] a crash recon-
11 struction report shall not exceed the fees charged by the division of
12 state police pursuant to section sixty-six-a of the public officers law
13 and/or by the department of motor vehicles pursuant to section two
14 hundred two of the vehicle and traffic law, provided, however, that no
15 fee shall be charged to any public officer, board or body, or volunteer
16 fire company, for searches or copies of [accident] crash reports to be
17 used for a public purpose.
18 § 106. Section 66-a of the public officers law, as amended by chapter
19 169 of the laws of 1994 and subdivision 3 as added by chapter 179 of the
20 laws of 2000, is amended to read as follows:
21 § 66-a. [Accident] Crash reports kept by police authorities to be open
22 to the inspection of persons interested. 1. Notwithstanding any incon-
23 sistent provisions of law, general, special or local, or any limitation
24 contained in the provision of any city charter, all reports and records
25 of any [accident] crash, kept or maintained by the state police or by
26 the police department or force of any county, city, town, village or
27 other district of the state, shall be open to the inspection of any
28 person having an interest therein, or of such person's attorney or
29 agent, even though the state or a municipal corporation or other subdi-
30 vision thereof may have been involved in the [accident] crash; except
31 that the authorities having custody of such reports or records may
32 prescribe reasonable rules and regulations in regard to the time and
33 manner of such inspection, and may withhold from inspection any reports
34 or records the disclosure of which would interfere with the investi-
35 gation or prosecution by such authorities of a crime involved in or
36 connected with the [accident] crash.
37 2. Notwithstanding the provisions of section twenty-three hundred
38 seven of the civil practice law and rules, the public officers law, or
39 any other law to the contrary, the division of state police shall charge
40 fees for the search and copy of [accident] crash reports and photo-
41 graphs. A search fee of fifteen dollars per [accident] crash report
42 shall be charged, with no additional fee for a photocopy. An additional
43 fee of fifteen dollars shall be charged for a certified copy of any
44 [accident] crash report. A fee of twenty-five dollars per photograph or
45 contact sheet shall be charged. The fees for investigative reports
46 shall be the same as those for [accident] crash reports.
47 3. Notwithstanding the provisions of section twenty-three hundred
48 seven of the civil practice law and rules, this chapter, or any other
49 law to the contrary, the county of Nassau, upon adoption of a local law,
50 is hereby authorized to require the police department of the county of
51 Nassau to charge fees for the search and copy of [accident] crash
52 reports and photographs. A search fee of ten dollars per [accident]
53 crash report shall be charged, with no additional fee for a photocopy.
54 An additional fee of ten dollars shall be charged for a certified copy
55 of any [accident] crash report. A fee of fifteen dollars per photograph
A. 3839 45
1 or contact sheet shall be charged. The fees for investigative reports
2 shall be the same as those for [accident] crash reports.
3 § 107. Section 89-g of the state finance law, as added by chapter 751
4 of the laws of 2005, subdivisions 2 and 3 as renumbered by section 2 of
5 part D of chapter 58 of the laws of 2016, is amended to read as follows:
6 § 89-g. [Accident] Crash prevention course internet, and other tech-
7 nology pilot program fund. 1. There is hereby established in the joint
8 custody of the state comptroller and the commissioner of taxation and
9 finance a special fund to be known as the "[accident] crash prevention
10 course internet, and other technology pilot program fund".
11 2. The moneys in the [accident] crash prevention course internet, and
12 other technology pilot program fund shall be kept separate and shall not
13 be commingled with any other moneys in the custody of the commissioner
14 of taxation and finance and the state comptroller.
15 3. The moneys in such fund shall be expended only for the purposes of
16 administering and implementing the provisions of article twelve-C of the
17 vehicle and traffic law by the department of motor vehicles.
18 § 108. Section 217 of the transportation law, as added by chapter 428
19 of the laws of 1983, subdivision 5 as amended, subdivision 7 as added
20 and subdivision 8 as renumbered by chapter 84 of the laws of 1985 and
21 subdivision 9 as added by section 1 of part C of chapter 58 of the laws
22 of 2018, is amended to read as follows:
23 § 217. Powers and duties of the board. The board shall have the
24 following powers and duties:
25 1. To investigate [accidents] crashes occurring on or involving public
26 transportation facilities or systems whether publicly or privately owned
27 and report on the results of such investigations;
28 2. To establish within the board [an accident] a crash reporting
29 procedure and file for the purpose of accurate analysis of public trans-
30 portation safety and to prepare an annual [accident] crash report for
31 the governor and the legislature;
32 3. To review, in connection with the investigation of [accidents]
33 crashes, the safety, maintenance and training programs of public trans-
34 portation facilities or systems whether publicly or privately owned and
35 recommend the establishment of equipment and safety standards in
36 connection therewith;
37 4. To adopt, promulgate, amend and rescind suitable rules and regu-
38 lations to carry out the provisions and purposes of this article or to
39 enforce any standards established hereunder;
40 5. To hold hearings, issue reports, administer oaths or affirmations,
41 examine any person under oath or affirmation and to issue subpoenas
42 requiring the attendance and giving of testimony of witnesses and
43 require the production of any books, papers, documentary or other
44 evidence. The powers provided in this subdivision may be delegated by
45 the board to any member of the board or department employee assigned to
46 the board. A subpoena issued under this subdivision shall be regulated
47 by the civil practice law and rules;
48 6. To take or cause to be taken affidavits or depositions within or
49 without the state;
50 7. To enter upon any property where a public transportation [accident]
51 crash has occurred, or where a vehicle, appurtenance or other item
52 involved in any such [accident] crash is located, to fulfill the
53 requirements of article nine-b of this chapter.
54 8. To render each year to the governor and to the legislature a writ-
55 ten report of its activities.
A. 3839 46
1 9. To enforce the requirements of section five thousand three hundred
2 twenty-nine of title forty-nine of the United States Code, as amended
3 from time to time, as it pertains to oversight of rail fixed guideway
4 public transportation systems.
5 § 109. Wherever the term "accident" or any equivalent expression ther-
6 eof is used in any provision of the vehicle and traffic law or the
7 insurance law, such term shall be deemed to mean and refer to "crash" or
8 variation thereof.
9 § 110. This act shall take effect immediately; provided, however,
10 that:
11 a. the amendments to article 12-C of the vehicle and traffic law, made
12 by sections forty-two through forty-seven of this act shall not affect
13 the repeal of such article and shall be deemed repealed therewith;
14 b. the amendments to paragraphs 2 and 3 of subdivision (m) of section
15 1111-a of the vehicle and traffic law made by section seventy-one of
16 this act shall not affect the repeal of such section and shall be deemed
17 repealed therewith;
18 c. the amendments to paragraphs 2 and 3 of subdivision (n) of section
19 1111-b of the vehicle and traffic law made by section seventy-two of
20 this act shall not affect the repeal of such section and shall be deemed
21 repealed therewith;
22 d. the amendments to paragraphs 2 and 3 of subdivision (m) of section
23 1111-b of the vehicle and traffic law made by section seventy-three of
24 this act shall not affect the repeal of such section and shall be deemed
25 repealed therewith;
26 e. the amendments to paragraphs 2 and 3 of subdivision (n) of section
27 1111-b of the vehicle and traffic law made by section seventy-four of
28 this act shall not affect the repeal of such section and shall be deemed
29 repealed therewith;
30 f. the amendments to paragraphs 2 and 3 of subdivision (m) of section
31 1111-d of the vehicle and traffic law made by section seventy-five of
32 this act shall not affect the repeal of such section and shall be deemed
33 repealed therewith;
34 g. the amendments to paragraphs 2 and 3 of subdivision (m) of section
35 1111-d of the vehicle and traffic law made by section seventy-six of
36 this act shall not affect the repeal of such section and shall be deemed
37 repealed therewith;
38 h. the amendments to paragraphs 2 and 3 of subdivision (m) of section
39 1111-d of the vehicle and traffic law made by section seventy-seven of
40 this act shall not affect the repeal of such section and shall be deemed
41 repealed therewith;
42 i. the amendments to paragraph (g) of subdivision 5 and paragraph (a)
43 of subdivision 6 of section 396-z of the general business law made by
44 section ninety-five of this act shall be subject to the expiration and
45 reversion of such section pursuant to section 4 of chapter 109 of the
46 laws of 2018, as amended, when upon such date the provisions of section
47 ninety-six of this act shall take effect;
48 j. the amendments to paragraph 2-a of subsection (f) of section 3420
49 of the insurance law made by section ninety-seven-a of this act shall
50 not affect the repeal of such subdivision and shall be deemed repealed
51 therewith;
52 k. if chapter 601 of the laws of 2022 shall not have taken effect on
53 or before such date then section ninety-eight-a of this act shall take
54 effect on the same date and in the same manner as such chapter of the
55 laws of 2022 takes effect;
A. 3839 47
1 l. the amendments to subdivision 3 of section 66-a of the public offi-
2 cers law made by section one hundred six of this act shall not affect
3 the repeal of such subdivision and shall be deemed repealed therewith;
4 and
5 m. the amendments to section 89-g of the state finance law made by
6 section one hundred seven of this act shall not affect the repeal of
7 such section and shall be deemed repealed therewith.
