New York State Assembly

 
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A07628 Summary:

A07628 Actions:

A07628 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:03/26/2024AYE/NAY:24/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
Norris
Aye
Lupardo
Aye
McDonough
Excused
Thiele
Aye
Miller
Aye
Simon
Aye
DeStefano
Aye
Williams
Aye
Durso
Aye
Fahy
Aye
Giglio
Aye
McMahon
Aye
McGowan
Aye
Darling
Aye
Slater
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Excused
De Los Santos
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/07/2024AYE/NAY:32/0  Action: Favorable         
Weinstein
Excused
Ra
Aye
Glick
Aye
Fitzpatrick
Excused
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Excused
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

A07628 Floor Votes:

A07628 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7628--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2023
                                       ___________
 
        Introduced  by M. of A. BORES, DE LOS SANTOS, SEAWRIGHT, ZINERMAN, ARDI-
          LA, GONZALEZ-ROJAS, GLICK, O'DONNELL, SIMON, SIMONE,  CHANG,  EPSTEIN,
          LEVENBERG,  LEMONDES  --  read  once  and referred to the Committee on
          Transportation -- recommitted to the Committee  on  Transportation  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to reporting
          accidents involving  electric  scooters  and  bicycles  with  electric
          assist
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 603 of  the  vehicle  and  traffic
     2  law,  as  amended by chapter 432 of the laws of 1997, is amended to read
     3  as follows:
     4    1. Every police or judicial officer to whom an accident  resulting  in
     5  injury  to  a person shall have been reported, pursuant to the foregoing
     6  provisions of this chapter or pursuant to  the  provisions  of  sections
     7  twelve hundred forty or twelve hundred forty-one of this chapter involv-
     8  ing  a  bicycle  with  electric  assist or pursuant to the provisions of
     9  sections twelve hundred eighty-seven or twelve hundred  eighty-eight  of
    10  this chapter, shall immediately investigate the facts, or cause the same
    11  to be investigated, and report the matter to the commissioner forthwith;
    12  provided, however, that the report of the accident is made to the police
    13  officer or judicial officer within five days after such accident.  Every
    14  coroner,  or  other  official  performing like functions, shall likewise
    15  make a report to the commissioner with respect to all  deaths  found  to
    16  have  been the result of motor vehicle [or], motorcycle, electric scoot-
    17  er, or bicycle with electric assist accidents. Such report shall include
    18  information regarding the type or types of vehicles involved,  including
    19  passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10758-04-4
        A. 7628--A                          2
 
     1  ed use motorcycles, off-highway motorcycles, electric scooters, bicycles
     2  with electric assist and/or bicycles. Such report shall include informa-
     3  tion  on  the  width  and length of trucks, tractors, trailers and semi-
     4  trailers,  which are in excess of ninety-five inches in width or thirty-
     5  four feet in length and which are involved in  such  accidents,  whether
     6  such  accident  took place in a work area and whether it was being oper-
     7  ated with an overweight or overdimension  permit.    Such  report  shall
     8  distinctly indicate and include information as to whether the inflatable
     9  restraint  system  inflated  and  deployed.    Nothing contained in this
    10  subdivision shall be deemed to preclude a police officer from  reporting
    11  any  other accident which, in the judgment of such police officer, would
    12  be required to be reported to the commissioner  by  the  operator  of  a
    13  vehicle pursuant to section six hundred five of this article.
    14    §  2.  The  opening  paragraph  and  paragraph (a) of subdivision 1 of
    15  section 603-a of the vehicle and traffic law, as amended by chapter  489
    16  of the laws of 2017, are amended to read as follows:
    17    In  addition  to the requirements of section six hundred three of this
    18  article, whenever a motor vehicle,  bicycle  with  electric  assist,  or
    19  electric scooter accident results in serious physical injury or death to
    20  a person, and such accident either is discovered by a police officer, or
    21  reported  to  a  police  officer  within  five  days after such accident
    22  occurred, the police shall conduct an investigation of such accident.
    23    (a) Such investigation shall be conducted for the purposes of making a
    24  determination of the following: the facts and circumstances of the acci-
    25  dent; the type or types of vehicles involved, including passenger  motor
    26  vehicles,  commercial  motor vehicles, motorcycles, limited use motorcy-
    27  cles, off-highway motorcycles, electric scooters, bicycles with electric
    28  assist, and/or bicycles; whether pedestrians were involved; the contrib-
    29  uting factor or factors; whether it can be determined if a violation  or
    30  violations  of this chapter occurred, and if so, the specific provisions
    31  of this chapter which were violated and by whom; and, the cause of  such
    32  accident, where such cause can be determined.
    33    §  3. Section 604 of the vehicle and traffic law is amended to read as
    34  follows:
    35    § 604. Reports; contents; preparation; distribution; filing.   Reports
    36  of accidents required under [the preceding section] sections six hundred
    37  three  and  six  hundred three-a of this article, or under the rules and
    38  regulations of the commissioner, shall be upon forms prepared  by  [him]
    39  the  commissioner  and contain such information as [he] the commissioner
    40  shall prescribe; provided, however, that the commissioner shall  provide
    41  space  on such forms to indicate the type or types of vehicles involved,
    42  including passenger motor vehicles, commercial motor vehicles,  motorcy-
    43  cles,  limited use motorcycles, off-highway motorcycles, electric scoot-
    44  ers, bicycles with electric assist, and/or bicycles.   Blank  forms  for
    45  such  reports  shall be printed by the commissioner and a supply sent to
    46  all city, town and village clerks and to the chief officer of every city
    47  police department for general distribution and use as  herein  provided.
    48  Reports  of  accidents,  required  under the preceding section, shall be
    49  sent to and filed with the commissioner at the main office of the bureau
    50  of motor vehicles in the city of Albany, except as otherwise provided by
    51  the rules and regulations of the commissioner.
    52    § 4.  Subdivisions (b) and (c) of section 605 of the vehicle and traf-
    53  fic law, subdivision (b) as added by chapter 254 of the  laws  of  1989,
    54  and  subdivision  (c) as amended by chapter 161 of the laws of 1996, are
    55  amended to read as follows:
        A. 7628--A                          3
 
     1    (b) Every person operating [a] an electric scooter or a bicycle  which
     2  is  in  any  manner  involved in an accident on a public highway in this
     3  state in which any person is killed, other than the operator, or suffers
     4  serious physical injury  as  defined  pursuant  to  subdivision  ten  of
     5  section  10.00 of the penal law, shall within ten days after such opera-
     6  tor learns of the fact of such death or serious physical injury,  report
     7  the  matter  in  writing  to the commissioner. If such operator is phys-
     8  ically incapable of making such report within ten days, he or she  shall
     9  make  the report immediately upon recovery from the physical incapacity.
    10  If such operator is an unemancipated minor who is  incapable  of  making
    11  such  report  for  any  reason,  the parent or guardian of such operator
    12  shall make such report within ten days after learning  of  the  fact  of
    13  such accident.  Every such operator of an electric scooter or a bicycle,
    14  or  parent  or guardian of such unemancipated minor operator, shall make
    15  such other and additional reports as the commissioner shall require.
    16    (c) The report required by this section shall be made in such form and
    17  number as the commissioner may  prescribe.  Such  report  shall  include
    18  information  on  the  width and length of trucks, tractors, trailers and
    19  semitrailers, which are in excess of  ninety-five  inches  in  width  or
    20  thirty-four  feet  in  length  and which are involved in such accidents,
    21  whether such accident took place in a work area and whether it was being
    22  operated with an overweight or over dimension permit. Such report  shall
    23  distinctly indicate and include information as to whether the inflatable
    24  restraint  system  inflated  and  deployed.    Such report shall include
    25  information on the type or types of vehicles involved, including passen-
    26  ger motor vehicles, commercial motor vehicles, motorcycles, limited  use
    27  motorcycles,  off-highway  motorcycles, electric scooters, bicycles with
    28  electric assist, and/or bicycles.
    29    § 5.  This act shall take effect one year after it shall have become a
    30  law.  Effective immediately, the addition, amendment  and/or  repeal  of
    31  any  rule  or regulation necessary for the implementation of this act on
    32  its effective date are authorized to be made and completed on or  before
    33  such date.