Relates to procedures engaged in by investigating peace or police officers responding to traffic accidents involving a pedestrian or bicyclist and an omnibus.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6048B
SPONSOR: Mosley TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to procedures
engaged in by investigating peace or police officers responding to traf-
fic accidents involving a pedestrian or bicyclist and an omnibus
PURPOSE:
To prevent commercial bus drivers involved in a pedestrian or bicyclist
accident in the course of their employment from being summarily arrested
at the scene of the accident.
SUMMARY OF PROVISIONS:
The bill amends the Vehicle & Traffic Law of NYS by adding a new section
600A which directs that any police or peace officer refrain from imme-
diately arresting a bus operator at the scene of an accident where an
omnibus has struck a pedestrian or bicyclist and when such officer
reasonably believes the bus operator committed only a traffic infraction
or misdemeanor, notwithstanding any local law, ordinance or rule.
JUSTIFICATION:
State law in article 19-A of the Vehicle & Traffic Law sets forth
provisions specific to bus operators operating commercial buses within
NYS. These provisions are more stringent than the requirements to oper-
ate any other motor vehicle and therefore this bill seeks to impose
uniform procedures when bus operators are involved in accidents with
pedestrians and bicycle riders. Any locally enacted law or ordinance
which allows or permits summary arrest of bus operators suspected of
commission of a traffic infraction or misdemeanor would be nullified by
this bill once it is enacted. Enactment would ensure that there is a
uniform statewide procedure in effect in such circumstances.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6048--B
2015-2016 Regular Sessions
IN ASSEMBLY
March 11, 2015
___________
Introduced by M. of A. MOSLEY, COLTON, ABBATE, PICHARDO, WEPRIN, BROOK-
KRASNY, WRIGHT, ORTIZ, BENEDETTO, WALKER, RICHARDSON, DAVILA, SEPULVE-
DA, BICHOTTE, CRESPO, LINARES -- Multi-Sponsored by -- M. of A. BRON-
SON, DILAN -- read once and referred to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to procedures
engaged in by investigating peace or police officers responding to
traffic accidents involving a pedestrian or bicyclist and an omnibus
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 600-a to read as follows:
3 § 600-a. Accidents involving pedestrians or bicyclists and an omnibus.
4 Notwithstanding any local law, ordinance or rule, any peace officer or
5 police officer responding to the scene of an accident involving a colli-
6 sion between an omnibus and either a pedestrian or bicycle operator, who
7 is conducting an investigation as to the cause for such collision and is
8 responsible for the completion of an accident report required by this
9 article, shall issue a simplified traffic information for the omnibus
10 operator to appear in a court having competent jurisdiction if such
11 officer has a reasonable cause to believe that a traffic infraction,
12 other than a violation of subdivision one of section eleven hundred
13 ninety-two of this chapter, or misdemeanor, other than a misdemeanor
14 defined by this chapter, has been committed by the omnibus operator. If
15 the driver of the omnibus is duly licensed under article nineteen-A of
16 this chapter, has remained at the scene of such accident and has cooper-
17 ated with the investigating officer, then such officer shall not detain
18 or otherwise prevent such operator from leaving the scene of such acci-
19 dent after the officer has completed his or her immediate investigation
20 at the scene of such accident.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09714-04-5
