Amd V & T L, generally; amd §19-507.2, NYC Ad Cd; amd §3650-c, Ed L; amd §396-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
________________________________________________________________________
7271
IN SENATE
January 15, 2020
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, the administrative code of
the city of New York, 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 transpor-
tation law, in relation to replacing each instance of the word acci-
dent 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.
21 § 3. Section 114-b of the vehicle and traffic law, as amended by chap-
22 ter 460 of the laws of 1996, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02515-04-0
S. 7271 2
1 § 114-b. Emergency operation. The operation, or parking, of an author-
2 ized emergency vehicle, when such vehicle is engaged in transporting a
3 sick or injured person, transporting prisoners, delivering blood or
4 blood products in a situation involving an imminent health risk, pursu-
5 ing an actual or suspected violator of the law, or responding to, or
6 working or assisting at the scene of [an accident] a crash, disaster,
7 police call, alarm of fire, actual or potential release of hazardous
8 materials or other emergency. Emergency operation shall not include
9 returning from such service.
10 § 4. Section 148-b of the vehicle and traffic law, as added by chapter
11 552 of the laws of 1994, is amended to read as follows:
12 § 148-b. Tow truck. A motor vehicle that tows or carries a disabled,
13 illegally parked or abandoned motor vehicle or a motor vehicle involved
14 in [an accident] a crash.
15 § 5. Subparagraph (i) of paragraph (i) of subdivision 1 of section 201
16 of the vehicle and traffic law, as amended by section 2 of part E of
17 chapter 60 of the laws of 2005, is amended to read as follows:
18 (i) any [accident] crash reports filed with the commissioner,
19 conviction certificates, police reports, complaints, satisfied judgment
20 records, closed suspension and revocation orders, hearing records, other
21 than audio tape recordings of hearings, significant correspondence
22 relating to any of the same, and any other record on file after remain-
23 ing on file for four years except that if the commissioner shall
24 receive, during the last year of such period of four years, written
25 notice to retain one or more of such papers or documents, the same shall
26 be retained for another four years in addition to said period of four
27 years. The provisions of this paragraph shall not apply to certificates
28 of conviction filed with respect to convictions which affect sentencing
29 or administrative action required by law beyond such four year period.
30 Such certificates may be destroyed after they have no legal effect on
31 sentencing or administrative action;
32 § 6. Subdivision 6 of section 201 of the vehicle and traffic law, as
33 amended by chapter 432 of the laws of 1997, is amended to read as
34 follows:
35 6. Whenever any document referred to in subdivision one of this
36 section is filed with this department when it is not required to be
37 filed and is used by this department for no other purposes, other than
38 for statistics or research, the document shall not be a public record.
39 Provided, however, that [an accident] a crash report filed with this
40 department when it is not required to be filed shall not be a public
41 record except as follows: for use by the state or any political subdi-
42 vision thereof for no other purposes other than for statistics or
43 research relating to highway safety; for any lawful purpose by a person
44 to whom such report pertains or named in such report, or his or her
45 authorized representative; and, for use by any other person, or his or
46 her authorized representative, who has demonstrated to the satisfaction
47 of the commissioner that such person is or may be a party to a civil
48 action arising out of the conduct described in such [accident] crash
49 report.
50 § 7. Subdivision 3 of section 202 of the vehicle and traffic law, as
51 amended by chapter 169 of the laws of 1994, is amended to read as
52 follows:
53 3. Fees for copies of documents. The fees for copies of documents,
54 other than [accident] crash reports, shall be one dollar per page. A
55 page shall consist of either a single or double side of any document.
56 The fee for a copy of [an accident] a crash report shall be fifteen
S. 7271 3
1 dollars. All copies of documents shall be certified at no additional
2 fee. Whenever search of records of the department is required in
3 conjunction with a request for a copy of a document, the fee for such
4 search shall be the fee provided in paragraph (a) of subdivision two of
5 this section. The result of such search will be the locating of the
6 document to be copied, or if no document can be located, a certification
7 to that effect will be the result of the search.
8 § 8. Subdivision 1 of section 220 of the vehicle and traffic law, as
9 added by chapter 574 of the laws of 1969, is amended to read as follows:
10 (1) Notwithstanding any other provision of this chapter or other law,
11 whether general, special or local, the commissioner may permit the
12 installation and use of any item of equipment which he, in his
13 discretion, determines will either reduce [accidents] crashes, injuries
14 and fatalities, or otherwise contribute to highway safety.
15 § 9. Paragraph a of subdivision 4 of section 250 of the vehicle and
16 traffic law, as amended by chapter 305 of the laws of 1995, is amended
17 to read as follows:
18 a. The provisions of this chapter relative to the registration of
19 motor vehicles, motorcycles and trailers and the display of registration
20 numbers shall not apply to a motor vehicle, motorcycle or trailer owned
21 by a non-resident of the state who is a seasonal farm laborer, for a
22 period extending from the first day of April to and including the thir-
23 tieth day of November in each year, provided that the owner thereof
24 shall have complied with the provisions of the law of the foreign coun-
25 try, state, territory or federal district of his residence relative to
26 registration of such motor vehicle, motorcycle or trailer, as the case
27 may be, and the display of registration numbers thereof, and provided
28 further that the owner thereof shall furnish proof to the commissioner
29 that such owner has in effect with respect to such motor vehicle an
30 automobile liability policy issued by an insurance company authorized to
31 do business in this state or by an unauthorized insurer authorized to
32 transact business in the jurisdiction of his residence in at least the
33 amount of twenty-five thousand dollars because of bodily injury to or
34 fifty thousand dollars because of death of one person in any one [acci-
35 dent] crash and, subject to said limit for one person, in at least the
36 amount of fifty thousand dollars because of bodily injury to or one
37 hundred thousand dollars because of death of two or more persons in any
38 [accident] crash, and in at least the amount of ten thousand dollars
39 because of injury to or destruction of property of others in any one
40 [accident] crash.
41 § 10. Subdivision 1 of section 253 of the vehicle and traffic law, as
42 amended by chapter 216 of the laws of 1992, is amended to read as
43 follows:
44 1. The use or operation by a non-resident of a vehicle in this state,
45 or the use or operation in this state of a vehicle in the business of a
46 non-resident, or the use or operation in this state of a vehicle owned
47 by a non-resident if so used or operated with his permission, express or
48 implied, shall be deemed equivalent to an appointment by such non-resi-
49 dent of the secretary of state to be his true and lawful attorney upon
50 whom may be served the summons in any action against him, growing out of
51 any [accident] crash or collision in which such non-resident may be
52 involved while using or operating such vehicle in this state or in which
53 such vehicle may be involved while being used or operated in this state
54 in the business of such non-resident or with the permission, express or
55 implied, of such non-resident owner; and such use or operation shall be
56 deemed a signification of his agreement that any such summons against
S. 7271 4
1 him which is so served shall be of the same legal force and validity as
2 if served on him personally within the state and within the territorial
3 jurisdiction of the court from which the summons issues, and that such
4 appointment of the secretary of state shall be irrevocable and binding
5 upon his executor or administrator. Where such non-resident has died
6 prior to the commencement of an action brought pursuant to this section,
7 service of process shall be made on the executor or administrator of
8 such non-resident in the same manner and on the same notice as is
9 provided in the case of the non-resident himself. Where an action has
10 been duly commenced under the provisions of this section against a non-
11 resident who dies thereafter, the court must allow the action to be
12 continued against his executor or administrator upon motion with such
13 notice as the court deems proper.
14 § 11. Section 254 of the vehicle and traffic law, as amended by chap-
15 ter 418 of the laws of 1964, is amended to read as follows:
16 § 254. Service of summons on residents who depart from state and on
17 residents' executors or administrators who are nonresidents or who
18 depart from state. The provisions of section two hundred fifty-three of
19 this [chapter] article shall also apply (a) to a resident who departs
20 from the state subsequent to the [accident] crash or collision and
21 remains absent therefrom for thirty days continuously, whether such
22 absence is intended to be temporary or permanent, and to any executor or
23 administrator of such resident, and (b) to an executor or administrator
24 of a resident if such executor or administrator is a nonresident or if,
25 being a resident, he departs from the state and remains absent therefrom
26 for thirty days continuously, whether such absence is intended to be
27 temporary or permanent.
28 § 12. Section 301-a of the vehicle and traffic law, as added by chap-
29 ter 634 of the laws of 1973, and subdivision 1 as amended by chapter 608
30 of the laws of 1993, is amended to read as follows:
31 § 301-a. Re-inspection of motor vehicles involved in certain [acci-
32 dents] crashes. 1. The commissioner may require that a motor vehicle
33 registered in this state or elsewhere which is required to be inspected,
34 be re-inspected after it is involved in a property damage [accident]
35 crash which is required to be reported to the motor vehicle department.
36 Such re-inspection shall be made within sixty days of the date of the
37 [accident] crash if the motor vehicle is driven away from the [accident]
38 crash site. Such re-inspection shall be made before the vehicle is oper-
39 ated on the public highways if the motor vehicle is towed or transported
40 from the [accident] crash site, except that a motor vehicle may be driv-
41 en from a repair shop to an inspection station for the purpose of being
42 re-inspected.
43 2. The owner of a car so damaged shall be required to submit to the
44 department within the same time limit as provided in subdivision one of
45 this section satisfactory proof of re-inspection pursuant to rules and
46 regulations to be promulgated by the commissioner.
47 3. Failure to submit such proof of re-inspection as herein provided
48 shall constitute ground for suspension or revocation of his privileges
49 of operating a motor vehicle in this state and of the operation within
50 this state of any motor vehicle owned by him.
51 § 13. Subdivision 2 of section 310 of the vehicle and traffic law is
52 amended to read as follows:
53 (2) Declaration of purpose. The legislature is concerned over the
54 rising toll of motor vehicle [accidents] crashes and the suffering and
55 loss thereby inflicted. The legislature determines that it is a matter
56 of grave concern that motorists shall be financially able to respond in
S. 7271 5
1 damages for their negligent acts, so that innocent victims of motor
2 vehicle [accidents] crashes may be recompensed for the injury and finan-
3 cial loss inflicted upon them. The legislature finds and declares that
4 the public interest can best be served in satisfying the insurance
5 requirements of this article by private enterprise operating in a
6 competitive market to provide proof of financial security through the
7 methods prescribed herein.
8 § 14. Paragraph (a) of subdivision 4 of section 311 of the vehicle and
9 traffic law, as amended by chapter 305 of the laws of 1995, is amended
10 to read as follows:
11 (a) Affording coverage as defined in the minimum provisions prescribed
12 in a regulation which shall be promulgated by the superintendent [at
13 least ninety days prior to effective date of this act]. The superinten-
14 dent before promulgating such regulations or any amendment thereof,
15 shall consult with all insurers licensed to write automobile liability
16 insurance in this state and shall not prescribe minimum provisions which
17 fail to reflect the provisions of automobile liability insurance poli-
18 cies, other than motor vehicle liability policies as defined in section
19 three hundred forty-five of this [chapter] title, issued within this
20 state at the date of such regulation or amendment thereof. Nothing
21 contained in such regulation or in this article shall prohibit any
22 insurer from affording coverage under an owner's policy of liability
23 insurance more liberal than that required by said minimum provisions.
24 Every such owner's policy of liability insurance shall provide insurance
25 subject to said regulation against loss from the liability imposed by
26 law for damages, including damages for care and loss of services,
27 because of bodily injury to or death of any person and injury to or
28 destruction of property arising out of the ownership, maintenance, use,
29 or operation of a specific motor vehicle or motor vehicles within the
30 state of New York, or elsewhere in the United States in North America or
31 the Dominion of Canada, subject to a limit, exclusive of interest and
32 costs, with respect to each such motor vehicle except a tow truck, of
33 twenty-five thousand dollars because of bodily injuries to and fifty
34 thousand dollars because of death of one person in any one [accident]
35 crash and, subject to said limit for one person, to a limit of fifty
36 thousand dollars because of bodily injury to and one hundred thousand
37 dollars because of death of two or more persons in any one [accident]
38 crash, and to a limit of ten thousand dollars because of injury to or
39 destruction of property of others in any one [accident] crash provided,
40 however, that such policy need not be for a period coterminous with the
41 registration period of the vehicle insured. The limit, exclusive of
42 interest and costs, with respect to a tow truck shall be a combined
43 single limit of at least three hundred thousand dollars because of bodi-
44 ly injury or death to one or more persons or because of injury or
45 destruction of property of others in any one [accident] crash, and to a
46 limit of twenty-five thousand dollars because of damage to a vehicle in
47 the care, custody and control of the insured. Any insurer authorized to
48 issue an owner's policy of liability insurance as provided for in this
49 article may, pending the issue of such a policy, make an agreement, to
50 be known as a binder, or may, in lieu of such a policy, issue a renewal
51 endorsement or evidence of renewal of an existing policy; each of which
52 shall be construed to provide indemnity or protection in like manner and
53 to the same extent as such a policy. The provisions of this article
54 shall apply to such binders, renewal endorsements or evidences of
55 renewal. Every such policy issued insuring private passenger vehicles
56 and every renewal policy, renewal endorsement, or other evidence of
S. 7271 6
1 renewal issued shall have attached thereto a rating information form
2 which clearly specifies and defines the rating classification assigned
3 thereto, including any applicable merit rating plan; and
4 § 15. Subdivision 1 of section 315 of the vehicle and traffic law is
5 amended to read as follows:
6 1. The commissioner, upon the surrender of the registration and number
7 plates for a motor vehicle for which a financial security bond or depos-
8 it was accepted by the commissioner, shall permit the cancellation of
9 any such bond or shall direct that any such deposit be returned by the
10 commissioner of taxation and finance. The commissioner shall not release
11 such bond or deposit in the event any action for damages upon a liabil-
12 ity referred to in this article is then pending or any judgment upon any
13 such liability then outstanding and unsatisfied, or in the event the
14 commissioner has received notice that such person has within the period
15 of three months immediately preceding been involved as a driver in any
16 motor vehicle [accident] crash. An affidavit of the applicant of non-
17 existence of such facts shall be sufficient evidence thereof in the
18 absence of evidence to the contrary in the records of the bureau.
19 § 16. Section 316 of the vehicle and traffic law, the third undesig-
20 nated paragraph as amended by chapter 511 of the laws of 1999, and the
21 fourth undesignated paragraph as added by chapter 316 of the laws of
22 1972, is amended to read as follows:
23 § 316. Self-insurers. The commissioner, in his discretion, may upon
24 the application of a person having registered in his name in this state
25 more than twenty-five motor vehicles, issue a certificate of self-insu-
26 rance when he is reasonably satisfied that such person is possessed and
27 will continue to be possessed of financial ability to respond to judg-
28 ments obtained against such person, arising out of the ownership, main-
29 tenance, use or operation of any such person's motor vehicles. Upon due
30 notice and hearing, the commissioner may, in his discretion and upon
31 reasonable grounds, cancel a certificate of self-insurance.
32 As a condition to the issuance of a certificate of self-insurance, the
33 registrant shall pay annually in addition to any other fee prescribed by
34 this chapter, a fee of one dollar and fifty cents for each motor vehicle
35 registered in his name and the aggregate amount of such fees shall be
36 applied in reduction of the assessment levied pursuant to section three
37 hundred seventeen of this article.
38 As a further condition to the issuance of a certificate of self-insu-
39 rance, the registrant shall pay annually in addition to any other fee
40 prescribed by this chapter, an amount per vehicle to be determined by
41 the Motor Vehicle [Accident] Crash Indemnification Corporation pursuant
42 to section five thousand two hundred seven of the insurance law for each
43 motor vehicle registered in his name and the aggregate amount of such
44 fees shall be transmitted by the commissioner to the Motor Vehicle
45 [Accident] Crash Indemnification Corporation continued pursuant to
46 section five thousand two hundred three of the insurance law to be
47 applied in reduction of assessments levied by said corporation pursuant
48 to section five thousand two hundred seven of the insurance law.
49 Notwithstanding the provisions of any other section, for the purposes
50 of this section, the term "motor vehicle" shall include "snowmobiles" as
51 defined by subdivision [six of § 8-0105 of the conservation law] one of
52 section twenty-two hundred twenty-one of this chapter.
53 § 17. Subdivision 9 of section 318 of the vehicle and traffic law, as
54 amended by chapter 1025 of the laws of 1971, is amended to read as
55 follows:
S. 7271 7
1 9. (a) If a motor vehicle has been involved in [an accident] a crash,
2 and its registration or the driver's license of its operator, or both,
3 have been revoked pursuant to this section, then neither such vehicle
4 nor any other motor vehicle shall be registered or reregistered in the
5 name of its owner or of any other person legally responsible for its
6 use, nor shall any driver's license be issued to such owner, person or
7 operator until one year has passed since the date of such revocation
8 and, as the case may be, the commissioner has received the payments and
9 evidence required by paragraph (c) [below] of this subdivision.
10 (b) If a motor vehicle not registered in this state is involved in [an
11 accident] a crash in this state and the privilege of its operation with-
12 in this state has been revoked, then neither its owner, any person
13 legally responsible for its use nor its operator shall exercise the
14 privilege of the operation of such vehicle within this state or the
15 privilege of operation within this state of any motor vehicle, until one
16 year has passed since the date of revocation and, as the case may be,
17 the commissioner has received the payments and evidence as required in
18 paragraph (c) [below] of this subdivision.
19 (c) The payments and evidence referred to in paragraphs (a) and (b)
20 [above] of this subdivision shall be evidence, satisfactory to the
21 commissioner,
22 (1) That no cause of action based upon such [accident] crash against
23 such owner, person legally responsible or operator has been commenced
24 within a period of one year from the date of the [accident] crash or a
25 release thereof has been given to such owner, person or operator, or
26 (2) That no judgment arising out of such cause of action for amounts
27 within the limits stated in paragraph (a) of subdivision four of section
28 three hundred eleven of this article against such owner, person or oper-
29 ator remains unsatisfied, except that such registration and licensing
30 privileges may be restored on compliance with the procedures permitting
31 the payment of a judgment in installments provided in section three
32 hundred thirty-four of this title, and
33 (3) That all civil penalties required to be paid to the department
34 pursuant to the provisions of subdivision five of section three hundred
35 nineteen of this [chapter] article have been paid.
36 § 18. Paragraph (a) of subdivision 11 of section 318 of the vehicle
37 and traffic law, as amended by chapter 735 of the laws of 1970, is
38 amended to read as follows:
39 (a) Where the license or privileges of any person, or the registration
40 of a motor vehicle registered in his name, has been suspended or revoked
41 under this article [six of this chapter], and the motor vehicle [acci-
42 dent] crash indemnification corporation or an insurer has paid any
43 amount towards satisfaction of a judgment against such person, or has
44 obtained a judgment against such person as a result of payments made to
45 third parties such license, privileges or registration shall be
46 suspended, or the suspension or revocation thereof shall be continued,
47 as provided in this subdivision.
48 § 19. Paragraphs (a) and (c) of subdivision 12 of section 318 of the
49 vehicle and traffic law, paragraph (a) as amended by chapter 843 of the
50 laws of 1980, and paragraph (c) as amended by chapter 805 of the laws of
51 1984, are amended to read as follows:
52 (a) If the owner or operator of a motor vehicle in any manner involved
53 in [an accident] a crash occurring in this state resulting in death or
54 bodily injuries to any person fails to produce satisfactory evidence as
55 proof of financial security within forty-eight hours after the [acci-
56 dent] crash, the motor vehicle shall be subject to impoundment and any
S. 7271 8
1 peace officer, acting pursuant to his special duties, or any police
2 officer is authorized to impound and store such motor vehicle. If said
3 motor vehicle is subject to impoundment and is not so impounded, the
4 owner or his representative shall cause said motor vehicle to be stored
5 in a public garage or storage place in this state as selected by the
6 owner or representative and shall continue such storage for the period
7 of time provided in this section. The aforementioned storage shall
8 constitute "impoundment" within the meaning of this section. The cost of
9 storage of any such impounded motor vehicle shall be borne by the owner.
10 So long as the impoundment is in force no person shall remove the
11 impounded vehicle or permit it to be removed from its place of impound-
12 ment except upon the order of the commissioner.
13 (c) The impoundment shall continue until (1) there is a final disposi-
14 tion of the claim for death or bodily injury of the person, resulting
15 from the [accident] crash in which said motor vehicle was involved, by
16 payment of a judgment or settlement by the owner, or by a final judgment
17 in his favor, or (2) one year has elapsed since the date of the [acci-
18 dent] crash and no filing has been made pursuant to section five thou-
19 sand two hundred eight of the insurance law, or (3) a release of the
20 motor vehicle upon order of the commissioner. The commissioner may order
21 the release of said motor vehicle upon the depositing with the commis-
22 sioner of taxation and finance of security or a bond in such form and
23 amount as may be approved by the commissioner. If said motor vehicle is
24 not released from impoundment after the lapse of one year, the commis-
25 sioner may dispose of it by public sale and remit the proceeds from the
26 sale to the commissioner of taxation and finance to be held pending the
27 final disposition of the claim.
28 § 20. Subdivision (d) of section 332 of the vehicle and traffic law is
29 amended to read as follows:
30 (d) Any person whose license, registration or non-resident's driving
31 privilege is subject to suspension hereunder, may be relieved from the
32 effect of failure to satisfy such judgment, if such person files with
33 the commissioner proper evidence that a bond or insurance policy as
34 provided for in this article was in force and effect at the time of the
35 [accident] crash resulting in the judgment, and was available for the
36 satisfaction of the judgment to the extent provided for in section three
37 hundred thirty-three of this article and that such judgment was so
38 satisfied.
39 § 21. Section 333 of the vehicle and traffic law, as amended by chap-
40 ter 305 of the laws of 1995, is amended to read as follows:
41 § 333. Payments sufficient to satisfy requirements of this article.
42 Every judgment herein referred to shall for the purpose of this article
43 only be deemed satisfied: (a) When twenty-five thousand dollars has been
44 credited upon any judgment or judgments rendered in excess of that
45 amount because of bodily injury to or when fifty thousand dollars has
46 been credited upon any judgment or judgments rendered in excess of that
47 amount because of death of one person as the result of any one [acci-
48 dent] crash; or
49 (b) When subject to such limit of twenty-five thousand dollars because
50 of bodily injury to or fifty thousand dollars because of death of one
51 person, the sum of fifty thousand dollars has been credited upon any
52 judgment or judgments rendered in excess of that amount because of bodi-
53 ly injury to or when one hundred thousand dollars has been credited upon
54 any judgment or judgments rendered in excess of that amount because of
55 death of two or more persons as the result of any one [accident] crash;
56 or
S. 7271 9
1 (c) When ten thousand dollars has been credited upon any judgment or
2 judgments rendered in excess of that amount because of injury to or
3 destruction of property of others as a result of any one [accident]
4 crash.
5 Payments made in settlement of any claims because of bodily injury,
6 death or property damage arising from a motor vehicle [accident] crash
7 shall be credited in reduction of the amounts provided for in this
8 section.
9 § 22. Section 335 of the vehicle and traffic law, subdivision (a) as
10 amended by chapter 305 of the laws of 1995, and paragraph 1 of subdivi-
11 sion (a) as further amended by section 104 of part A of chapter 62 of
12 the laws of 2011, is amended to read as follows:
13 § 335. Security and proof required following [accident] crash. (a) Not
14 less than ten days nor more than sixty days after receipt by him of the
15 report or notice of [an accident] a crash which has resulted in bodily
16 injury or death, or in damage to the property of any one person in
17 excess of one thousand dollars, the commissioner shall forthwith suspend
18 the license of any person operating, and the registration certificates
19 and registration plates of any person owning, a motor vehicle in any
20 manner involved in such [accident] crash unless and until such operator
21 (or chauffeur) or owner or both shall have previously furnished or imme-
22 diately furnishes security sufficient in the judgment of the commission-
23 er to satisfy any judgment or judgments for damages resulting from such
24 [accident] crash as may be recovered against such owner or operator (or
25 chauffeur) by or on behalf of any aggrieved person or his legal repre-
26 sentative, and unless and until such owner or operator (or chauffeur) or
27 both shall immediately furnish and thereafter maintain proof of finan-
28 cial responsibility in the future. Where erroneous information with
29 respect to insurance coverage of the owner or operator (or chauffeur) of
30 any such vehicle is furnished to the commissioner, he shall take appro-
31 priate action as above provided within sixty days after the receipt by
32 him of correct information with respect to such coverage. This section
33 shall not apply: (1) to such owner or operator (or chauffeur) if such
34 owner had in effect at the time of such [accident] crash with respect to
35 such motor vehicle a standard provisions automobile liability policy in
36 form approved by the superintendent of financial services and issued by
37 an insurance company authorized to do business in this state or, if such
38 motor vehicle was not registered in this state or was a motor vehicle
39 which was registered elsewhere than in this state at the effective date
40 of the policy, or the most recent renewal thereof, an automobile liabil-
41 ity policy acceptable to the superintendent of financial services as
42 substantially the equivalent of such standard provisions automobile
43 liability policy; (2) to such operator (or chauffeur), if not the owner
44 of such motor vehicle, if there was in effect at the time of such [acci-
45 dent] crash such a policy with respect to his operation of motor vehi-
46 cles not owned by him or, if such motor vehicle was a private passenger
47 motor vehicle, with respect to his operation of private passenger motor
48 vehicles not owned by him or (3) to such owner or operator (or chauf-
49 feur) if the liability of such owner or operator (or chauffeur) for
50 damages resulting from such [accident] crash is, in the judgment of the
51 commissioner, covered by any other form of liability insurance policy
52 issued by an insurance company authorized to do business in this state
53 or by a bond, provided every such policy or bond mentioned herein is
54 subject, if the [accident] crash has resulted in bodily injury, to a
55 limit, exclusive of interest and costs, of twenty-five thousand dollars
56 or death to a limit, exclusive of interest and costs, of fifty thousand
S. 7271 10
1 dollars, because of bodily injury to or death of one person in any one
2 [accident] crash and, subject to said limit for one person, to a limit
3 of fifty thousand dollars because of bodily injury to or one hundred
4 thousand dollars because of death of two or more persons in any one
5 [accident] crash, and, if the [accident] crash has resulted in injury to
6 or destruction of property, to a limit of ten thousand dollars because
7 of injury to or destruction of property of others in any one [accident]
8 crash or (4) to such owner or operator if the commissioner shall deter-
9 mine that the failure to have liability coverage as described above was
10 caused solely by the negligence or malfeasance of a person other than
11 the person whose license or registration has been suspended or is
12 subject to suspension, and that the person seeking to avoid such suspen-
13 sion was not aware of the lack of such liability coverage. However, with
14 respect to the provisions of (4) above, the burden of proof shall be
15 upon the person seeking to avoid such suspension action. Provided
16 further, that such facts shall be established by clear and convincing
17 evidence, either by the submission of affidavits or at a hearing called
18 in the discretion of the commissioner.
19 Upon receipt of notice of such [accident] crash, the insurance carrier
20 or surety company which issued such policy or bond shall furnish for
21 filing with the commissioner a written notice that such policy or bond
22 was in effect at the time of such [accident] crash or shall notify the
23 commissioner in such manner as he may require in case such policy or
24 bond was not in effect at the time of such [accident] crash.
25 In case any such operator (or chauffeur) or owner has no license to
26 operate issued under this chapter or no motor vehicle registered in his
27 name in this state, he shall not be allowed a license or registration
28 until he has complied with this article to the same extent as would be
29 necessary if he had held an operator's or chauffeur's license and a
30 motor vehicle registration issued under this chapter at the time of the
31 [accident] crash.
32 (b) Such security, where ordered, shall be in such form and in such
33 amount as the commissioner may require, but in no case in excess of the
34 amount of proof required by section three hundred forty-one of this
35 article. The commissioner may reduce the amount of security ordered in
36 any case within six months after the date of the [accident] crash, if,
37 in his judgment, the amount ordered is too large. In case the security
38 originally ordered has been deposited, the excess deposited over the
39 reduced amount ordered shall be returned to the depositor or his
40 personal representative forthwith, notwithstanding the provisions of
41 subdivision (c) of this section.
42 (c) Security furnished in compliance with the requirements of this
43 section shall be placed by the commissioner in the custody of the
44 commissioner of taxation and finance and shall be applicable only to the
45 payment of a judgment against the depositor for damages arising out of
46 the [accident] crash in question in an action at law begun not later
47 than one year after the date of such [accident] crash or, upon assign-
48 ment of the depositor, made not later than one year after the date of
49 such [accident] crash, to the settlement of a claim arising out of such
50 [accident] crash, or upon assignment of the depositor, made after the
51 expiration of one year after the date of such [accident] crash, to the
52 settlement of an action at law begun not later than one year after the
53 date of such [accident] crash. All of such payments made out of the
54 deposited security shall be made as follows: Payment shall first be
55 made to each of the judgment creditors and to each of the claimants who
56 have agreed to settle their claims, whose damages were evaluated by the
S. 7271 11
1 commissioner, in an amount not greater than the amount fixed in their
2 respective evaluations. Whenever the commissioner shall be given
3 evidence, satisfactory to him, that the amounts of all claims for
4 damages against the depositor arising out of such [accident] crash are
5 fixed, either by judgment or settlement agreement, payment shall be made
6 out of any balance remaining after the first distribution to each of
7 those persons whose judgments or settlement amounts have not been fully
8 paid but whose damages were evaluated by the commissioner, in proportion
9 to the amounts of their respective evaluations unless there is suffi-
10 cient to make payment in full; and any balance remaining after the first
11 and second distributions are completed shall be paid to those judgment
12 creditors and those claimants who have agreed to settle their claims but
13 whose damages were not evaluated, in proportion to the amounts of their
14 respective judgments or settlement amounts unless there is sufficient to
15 make payment in full. Such deposit, or any balance thereof, shall be
16 returned to the depositor or his personal representative whenever after
17 the expiration of such year, the commissioner shall be given evidence,
18 satisfactory to him, that there is no such action pending and no such
19 judgment unsatisfied or whenever, before the expiration of such year,
20 the commissioner shall be given evidence, satisfactory to him, that
21 there is no such judgment unsatisfied and that there is no existing
22 cause of action against the depositor for damages arising out of such
23 [accident] crash.
24 (c-1) After security, furnished in compliance with the requirements of
25 this section, has remained on deposit for five years, the commissioner
26 shall make a determination as to whether the deposit, or any balance
27 thereof, is returnable to the depositor or the person entitled thereto.
28 In the event that such deposit, or any balance thereof, is determined to
29 be returnable, but remains unclaimed by the depositor or the person
30 entitled thereto for a period of one year following the date of such
31 determination, such unclaimed deposit, or any balance thereof, shall be
32 deemed abandoned property subject to the provisions of the abandoned
33 property law.
34 (d) The provisions of subdivision (a) of this section shall not apply
35 to the owner of a motor vehicle operated by one having obtained
36 possession or control thereof without the expressed or implied consent
37 of such owner, to a police officer or member of the state police who is
38 compelled to assume the custody and operation of a motor vehicle of
39 another because such motor vehicle was (1) stolen from or lost by the
40 owner, (2) abandoned, either by the owner or any other person with or
41 without the owner's consent, (3) is being operated by a person disabled
42 so as not to be able to operate it properly, or (4) is being operated by
43 an intoxicated person; or to either the owner or operator of a motor
44 vehicle involved in an [accident] crash wherein no damage or injury was
45 caused to other than the person or property of such owner or operator.
46 (e) In lieu of deposit of security when required pursuant to the
47 provisions of this section the commissioner may accept a written agree-
48 ment, executed and acknowledged by the person required to deposit secu-
49 rity and any person who has sustained bodily injury, including death, or
50 damage to his property, or his legal representative, providing for the
51 payment of an agreed amount in installments, with respect to the claims
52 of such person for injuries or damages resulting from the [accident]
53 crash. In the event of default in payment of any installment under such
54 agreement, then upon notice of such default the commissioner shall
55 forthwith suspend the license and registration certificates and regis-
56 tration plates of the person in default until release has been filed
S. 7271 12
1 with the commissioner indicating that the entire agreed amount has been
2 paid. But in no case shall such agreement be used in lieu of proof of
3 maintenance of financial responsibility in the future required pursuant
4 to the provisions of this section.
5 § 23. Section 337 of the vehicle and traffic law, as amended by chap-
6 ter 176 of the laws of 1990, is amended to read as follows:
7 § 337. Suspension, duration. (a) The suspension required in sections
8 three hundred thirty-two, three hundred thirty-four and subdivision (e)
9 of section three hundred thirty-five [(e)] of this article shall remain
10 in effect, the motor vehicle in any manner involved in such [accident]
11 crash shall not be registered in the name of the person whose license
12 and/or registration certificate was so suspended, or in any other name
13 where the commissioner has reasonable grounds to believe that such
14 registration will have the effect of defeating the purposes of this
15 article, and no other motor vehicle shall be registered in the name of
16 such person nor any new licenses issued to such person unless and until
17 such judgment is satisfied or stayed or is discharged in bankruptcy and
18 the judgment debtor gives proof of financial responsibility in the
19 future as required pursuant to section three hundred thirty-five of this
20 article except under the conditions as stated in sections three hundred
21 thirty-three and three hundred thirty-four of this article.
22 (b) The suspension required in section three hundred thirty-five of
23 this article shall remain in effect, the motor vehicle in any manner
24 involved in such [accident] crash shall not be registered in the name of
25 the person whose license and/or registration certificate was so
26 suspended, or in any other name where the commissioner has reasonable
27 grounds to believe that such registration will have the effect of
28 defeating the purposes of this article, and no other motor vehicle shall
29 be registered in the name of such person nor any new licenses issued to
30 such person, unless and until such person complies with the requirement
31 with respect to furnishing security, or unless and until such person has
32 obtained a release, or a favorable judgment in an action at law to
33 recover damages resulting from such [accident] crash or unless such
34 person shall have satisfied in the manner herein provided any judgment
35 rendered against such person in such an action, or unless such judgment
36 rendered against such person is discharged in bankruptcy, and at all
37 events until such person gives and thereafter maintains proof of his
38 financial responsibility.
39 Provided, however, that any person whose license or registration
40 became subject to suspension or has been suspended pursuant to subdivi-
41 sion (a) of section three hundred thirty-five of this article, whether
42 or not such person has furnished security and proof of financial respon-
43 sibility, shall be relieved from furnishing or maintaining proof of
44 financial responsibility if (1) one year has elapsed since the date of
45 the [accident] crash, (2) nine months have elapsed since the date of
46 compliance with any suspension order made against such person because of
47 such [accident] crash, (3) such person has neither paid nor agreed in
48 writing to pay anything for damages resulting from such [accident]
49 crash, (4) no suit for damages because thereof has been brought against
50 such person and (5) such person is not required to furnish or maintain
51 proof of financial responsibility for some reason other than for having
52 been involved in such [accident] crash. If a suit or suits for damages
53 resulting from such [accident] crash shall have been brought and such
54 suit or suits shall have resulted in a judgment or judgments, the
55 successful person in such suit or suits shall be relieved from furnish-
56 ing or maintaining proof of financial responsibility forthwith provided
S. 7271 13
1 such person is not required to furnish or maintain such proof for
2 reasons other than for having been involved in such [accident] crash
3 and, in case such person has furnished security because of having been
4 involved in such [accident] crash, it shall be returned to such person
5 or the personal representative of such person forthwith notwithstanding
6 the provisions of subdivision (c) of section three hundred thirty-five
7 of this article. The fact of having been involved in such [accident]
8 crash shall not bar the issuance of license and registration to a person
9 who has been relieved from furnishing or maintaining proof of financial
10 responsibility pursuant to the provisions of this paragraph.
11 (c) A discharge in bankruptcy following the rendering of any such
12 judgment shall not relieve the judgment debtor from any of the require-
13 ments of this article unless otherwise provided in subdivisions (a) and
14 (b) of this section.
15 § 24. Subdivision (d) of section 338 of the vehicle and traffic law,
16 the opening paragraph as amended by chapter 838 of the laws of 1970, is
17 amended to read as follows:
18 (d) The commissioner shall take action as required anywhere in this
19 article, upon receiving proper evidence that any resident of this state,
20 has in any other state had his driving privileges suspended and/or the
21 operation of any motor vehicle owned by him prohibited pursuant to a law
22 of such other state providing for such suspension or prohibition because
23 of a conviction or because of an unsatisfied judgment which would
24 require the commissioner to suspend a non-resident's driving privileges
25 had such a conviction or judgment been rendered in this state against a
26 non-resident, provided, however, that no suspension or prohibition shall
27 be effective until twenty days have elapsed from the date upon which
28 notice of suspension shall have been mailed to the operator or owner
29 during which period such operator or owner shall be permitted to submit
30 evidence of satisfaction of the judgment or other evidence relating
31 thereto.
32 Upon receipt of a certification that the operating privilege of a
33 resident of this state has been suspended, revoked or cancelled in any
34 such other state pursuant to a law providing for its suspension, revoca-
35 tion or cancellation for failure to deposit security for the payment of
36 a judgment as may arise out of a motor vehicle [accident] crash under
37 circumstances which would require the commissioner to suspend a non-
38 resident's operating privilege had the [accident] crash occurred in this
39 state, the commissioner shall suspend the license of such resident if he
40 was the operator, and all of his registrations if he was the owner of a
41 motor vehicle involved in such [accident] crash. Such suspension shall
42 continue until such resident furnishes evidence of his compliance with
43 the law of such other state relating to the deposit of such security.
44 § 25. Section 341 of the vehicle and traffic law, as amended by chap-
45 ter 305 of the laws of 1995, is amended to read as follows:
46 § 341. Amount of proof required. Proof of financial responsibility
47 shall mean proof of ability to respond in damages for liability there-
48 after incurred, arising out of the ownership, maintenance or use of a
49 motor vehicle, in the amount of twenty-five thousand dollars because of
50 bodily injury to or fifty thousand dollars because of death of any one
51 person, and subject to said limit respecting one person, in the amount
52 of fifty thousand dollars because of bodily injury to or one hundred
53 thousand dollars because of death of two or more persons in any one
54 [accident] crash, and in the amount of ten thousand dollars because of
55 injury to or destruction of property in any one [accident] crash. Such
S. 7271 14
1 proof in such amounts shall be furnished for each motor vehicle regis-
2 tered by such person.
3 § 26. Subdivision (c) of section 343 of the vehicle and traffic law,
4 as amended by chapter 300 of the laws of 1960, and as further amended by
5 section 104 of part A of chapter 62 of the laws of 2011, is amended to
6 read as follows:
7 (c) When a person has been required to furnish proof of a financial
8 responsibility and there has been in effect a motor vehicle liability
9 policy for his benefit for a period of three years, during which period
10 such person or any vehicle registered in his name has not been involved
11 in any [accident] crash upon which a report is required pursuant to
12 section six hundred five [hereof] of this chapter, such person may file
13 in lieu thereof, the written certificate of any insurance carrier duly
14 authorized to do business in this state, certifying that there is in
15 effect a standard provisions automobile liability policy in form
16 approved by the [superintendant] superintendent of financial services
17 with a limit of liability no less than provided in subdivision (a) of
18 section three hundred thirty-five of this [law] article.
19 § 27. Paragraphs 1 and 3 of subdivision (a) of section 344 of the
20 vehicle and traffic law are amended to read as follows:
21 (1) Said insurance carrier shall execute a power of attorney authoriz-
22 ing the commissioner to accept service on its behalf of notice or proc-
23 ess in any action arising out of a motor vehicle [accident] crash in
24 this state.
25 (3) Said insurance carrier shall also agree to accept as final and
26 binding any judgment of any court of competent jurisdiction in this
27 state duly rendered in any action arising out of a motor vehicle [acci-
28 dent] crash.
29 § 28. Paragraph 3 of subdivision (b) of section 345 of the vehicle and
30 traffic law, as amended by chapter 305 of the laws of 1995, is amended
31 to read as follows:
32 (3) Shall insure the insured or such other person against loss from
33 the liability imposed by law for damages, including damages for care and
34 loss of services because of bodily injury to or death of any person and
35 injury to or destruction of property arising out of the ownership, main-
36 tenance, use, or operation of such motor vehicle or motor vehicles with-
37 in the state of New York, or elsewhere in the United States in North
38 America or the Dominion of Canada, subject to a limit, exclusive of
39 interest and cost, with respect to each such motor vehicle, except a tow
40 truck, 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, to a limit of
43 fifty thousand dollars because of bodily injury to or one hundred thou-
44 sand dollars because of death of two or more persons in any one [acci-
45 dent] crash, and to a limit of ten thousand dollars because of injury to
46 or destruction of property of others in any one [accident] crash. The
47 limit, exclusive of interest and costs, with respect to a tow truck
48 shall be a combined single limit of three hundred thousand dollars
49 because of bodily injury [of] or death to one or more persons or because
50 of injury or destruction of property of others in any one [accident]
51 crash, and to a limit of twenty-five thousand dollars because of damage
52 to a vehicle in the care, custody and control of the insured.
53 § 29. Paragraph 1 of subdivision (i) of section 345 of the vehicle and
54 traffic law is amended to read as follows:
55 (1) The liability of any company under a motor vehicle liability poli-
56 cy shall become absolute whenever loss or damage covered by said policy
S. 7271 15
1 occurs, and the satisfaction by the insured of a final judgment for such
2 loss or damage shall not be a condition precedent to the right or duty
3 of the carrier to make payment on account of such loss or damage. No
4 such policy shall be cancelled or annulled as respects any loss or
5 damage by any agreement between the carrier and the insured after the
6 said insured has become responsible for such loss or damage, and any
7 such cancellation or [annullment] annulment shall be void. If the death
8 of the insured shall occur after the insured has become liable during
9 the policy period for loss or damage covered by the policy, the policy
10 shall not be deemed terminated by such death with respect to such
11 liability and the company shall be liable thereunder in the same manner
12 and to the same extent as though death had not occurred. Upon the recov-
13 ery of a final judgment against any person for any such loss or damage,
14 if the judgment debtor or the decedent whom he represents was at the
15 accrual of the cause of action insured against liability therefor under
16 a motor vehicle liability policy, the judgment creditor shall be enti-
17 tled to have the insurance money applied to the satisfaction of the
18 judgment. But the policy may provide that the insured, or any other
19 person covered by the policy, shall reimburse the company for payments
20 made on account of any [accident] crash, claim or suit involving a
21 breach of the terms, provisions or conditions of the policy; and
22 further, if the policy shall provide for limits in excess of the limits
23 designated in this section, the insurance carrier may plead against such
24 judgment creditor, with respect to the amount of such excess limits of
25 liability, any defenses which it may be entitled to plead against the
26 insured. Any such policy may further provide for the prorating of the
27 insurance thereunder with other applicable valid and collectible insur-
28 ance. If the death, insolvency or bankruptcy of the insured shall occur
29 within the policy period, the policy during the unexpired portion of
30 such period shall cover the legal representatives of the insured. No
31 statement made by the insured or on his behalf, and no violation of the
32 terms of the policy, shall operate to defeat or avoid the policy so as
33 to bar recovery within the limits provided in subdivision (b) of this
34 section.
35 § 30. Subdivision 2 of section 353 of the vehicle and traffic law is
36 amended to read as follows:
37 (2) In the event the person who has given proof of financial responsi-
38 bility surrenders his operator's or chauffeur's license, registration
39 certificates and registration plates to the commissioner, but the
40 commissioner shall not release such proof in the event any action for
41 damages upon a liability referred to in this article is then pending, or
42 any judgment upon any such liability then outstanding and unsatisfied,
43 or in the event the commissioner has received notice that such person
44 has within the period of three months immediately preceding been
45 involved as a driver in any motor vehicle [accident] crash. An affida-
46 vit of the applicant of the non-existence of such facts shall be suffi-
47 cient evidence thereof in the absence of evidence to the contrary in the
48 records of the bureau.
49 § 31. Section 354 of the vehicle and traffic law, as amended by chap-
50 ter 61 of the laws of 1989, is amended to read as follows:
51 § 354. Commissioner to furnish operating record. The commissioner
52 shall upon request furnish any insurance carrier or any person an
53 abstract of the operating record of any person subject to the provisions
54 of this article, which abstract shall include enumeration of any
55 convictions of such person of a violation of any provision of any stat-
56 ute relating to the operation of a motor vehicle or any [accidents]
S. 7271 16
1 crashes in which a motor vehicle driven by such person has been involved
2 during the current calendar year and the three calendar years preceding
3 that in which the request for the operating record is received and if
4 specifically requested shall also fully designate the motor vehicles, if
5 any, registered in the name of such person and the name of the insurer
6 insuring such motor vehicle, for the registration year in which the
7 request for the operating record is received. A request for an abstract
8 of an operating record shall be subject to the provisions of section two
9 hundred two of this chapter.
10 § 32. Section 366 of the vehicle and traffic law is amended to read as
11 follows:
12 § 366. Past application of article. This article, except section three
13 hundred thirty-nine [thereof] of this article, shall not apply to any
14 judgment in a civil action or cause of action arising out of [an acci-
15 dent] a crash occurring prior to the effective date of this article.
16 § 33. The section heading, the opening paragraph of subdivision 1 and
17 subdivisions 3 and 4 of section 370 of the vehicle and traffic law, the
18 section heading and subdivision 4 as amended by chapter 609 of the laws
19 of 1962, the opening paragraph of subdivision 1 as amended by chapter 20
20 of the laws of 2002 and as further amended by section 104 of part A of
21 chapter 62 of the laws of 2011 and subdivision 3 as amended by chapter
22 232 of the laws of 2001, are amended to read as follows:
23 Indemnity bonds or insurance policies; notice of [accident] crash.
24 Every person, firm, association or corporation engaged in the business
25 of carrying or transporting passengers for hire in any motor vehicle or
26 motorcycle, except street cars, and motor vehicles or motorcycles owned
27 and operated by a municipality, and except as otherwise provided in this
28 section, which shall be operated over, upon or along any public street
29 or highway of the state of New York shall file with the commissioner of
30 motor vehicles for each motor vehicle or motorcycle intended to be so
31 operated evidence, in such form as the commissioner may prescribe, of a
32 corporate surety bond or a policy of insurance, approved as to form by
33 the superintendent of financial services in a company authorized to do
34 business in the state, approved by the superintendent as to solvency and
35 responsibility, conditioned for the payment of a minimum sum, hereinaft-
36 er called minimum liability, on a judgment or judgments for damages,
37 including damages for care and loss of services, because of bodily inju-
38 ry to, or death of any one person in any one [accident] crash, and
39 subject to such minimum liability a maximum sum, hereinafter called
40 maximum liability on a judgment or judgments for damages, including
41 damages for care and loss of services because of bodily injury to, or
42 death of two or more persons in any one [accident] crash and for the
43 payment of a minimum sum, called minimum liability on all judgments for
44 damages because of injury to or destruction of property of others in any
45 one [accident] crash, recovered against such person, firm, association
46 or corporation upon claims arising out of the same transaction or trans-
47 actions connected with the same subject of action, to be apportioned
48 ratably among the judgment creditors according to the amount of their
49 respective judgments for damage or injury caused in the operation, main-
50 tenance, use or the defective construction of such motor vehicle or
51 motorcycle as follows:
52 3. A person, firm, association or corporation engaged in the business
53 of renting or leasing rental vehicles to be operated upon the public
54 highways for carrying passengers shall be subject to the provisions of
55 this section in the same manner and to the same extent as if such
S. 7271 17
1 person, firm, association or corporation were actually engaged in the
2 business of carrying or transporting passengers for hire.
3 Notwithstanding the provisions of subdivision one of this section, a
4 person, firm, association or corporation engaged in the business of
5 renting or leasing motor vehicles, having registered in this state more
6 than twenty-five motor vehicles subject to the provisions of this
7 section and who qualifies as hereinafter provided, may file a certif-
8 icate of self-insurance. The commissioner of motor vehicles in his
9 discretion may, upon the application of such a person, firm, association
10 or corporation issue a certificate of self-insurance when he is reason-
11 ably satisfied that such person is possessed and will continue to be
12 possessed of financial ability to respond to judgments obtained against
13 such person, arising out of the ownership, maintenance, use or operation
14 of any such person's motor vehicle. Upon due notice and hearing, the
15 commissioner may, in his discretion and upon reasonable grounds, cancel
16 a certificate of self-insurance.
17 As a condition to the issuance of a certificate of self-insurance
18 under this subdivision the registrant shall pay annually in addition to
19 any other fee prescribed by this chapter, a fee of one dollar and fifty
20 cents for each motor vehicle registered in his name and the aggregate
21 amount of such fees shall be applied in reduction of the assessment
22 levied pursuant to section three hundred seventeen of this title.
23 As a further condition to the issuance of a certificate of self-insu-
24 rance, the registrant shall pay annually in addition to any other fee
25 prescribed by this chapter, an amount per vehicle to be determined by
26 the Motor Vehicle [Accident] Crash Indemnification Corporation pursuant
27 to section five thousand two hundred seven of the insurance law and the
28 aggregate amount of such fees shall be transmitted by the commissioner
29 to the Motor Vehicle [Accident] Crash Indemnification Corporation
30 continued pursuant to section five thousand two hundred three of the
31 insurance law to be applied in reduction of assessments levied by said
32 corporation pursuant to section five thousand two hundred seven of the
33 insurance law.
34 4. Every person operating a motor vehicle or motorcycle as to which a
35 bond or policy of insurance is required by this section, which is in any
36 manner involved in [an accident] a crash, shall within five days give
37 written notice of the time and place of the accident to the surety or
38 insurer. Failure to give notice of [an accident] a crash as herein
39 provided shall constitute a misdemeanor, but shall not affect the
40 liability of the surety or insurer.
41 § 34. Subdivision 2 of section 385 of the vehicle and traffic law, as
42 amended by chapter 973 of the laws of 1966, is amended to read as
43 follows:
44 2. The height of a vehicle from under side of tire to top of vehicle,
45 inclusive of load, shall be not more than thirteen and one-half feet.
46 Any damage to highways, bridges or highway structures resulting from the
47 use of a vehicle exceeding thirteen feet in height where such excess
48 height is the proximate cause of the [accident] crash shall be compen-
49 sated for by the owner and operator of such vehicle.
50 § 35. The opening paragraph of subdivision 2 of section 398-b of the
51 vehicle and traffic law, as amended by chapter 212 of the laws of 1980,
52 is amended to read as follows:
53 As used in this article the term "motor vehicle repair shop" means any
54 person who, for compensation, is wholly or partially engaged in the
55 business of repairing or diagnosing motor vehicle malfunctions or
S. 7271 18
1 repairing motor vehicle bodies, fenders or other components damaged by
2 [accident] crash or otherwise, except that such term does not include:
3 § 36. The article heading of article 12-B of the vehicle and traffic
4 law, as added by chapter 290 of the laws of 1998, is amended to read as
5 follows:
6 APPROVAL OF MOTOR VEHICLE [ACCIDENT] CRASH
7 PREVENTION COURSES
8 § 37. Section 399-a of the vehicle and traffic law, as added by chap-
9 ter 290 of the laws of 1998, is amended to read as follows:
10 § 399-a. Statement of purpose. The purposes of this article are to
11 further highway safety by preserving the quality and efficacy of the
12 [accident] crash prevention course programs. These purposes will be
13 accomplished by establishing strict criteria for initial and continual
14 course sponsorship approval.
15 § 38. Section 399-b of the vehicle and traffic law, as added by chap-
16 ter 290 of the laws of 1998, is amended to read as follows:
17 § 399-b. Definitions. For the purposes of this article, the following
18 terms shall have the following definitions:
19 1. "Sponsoring agency" shall mean an organization which owns a motor
20 vehicle [accident] crash prevention course approved by the commissioner.
21 2. "Delivery agency" shall mean an organization which conducts a spon-
22 soring agency's approved motor vehicle [accident] crash prevention
23 course.
24 3. "Instructor" shall mean an individual employed by a delivery agency
25 to teach an approved [accident] crash prevention course.
26 4. "[Accident] Crash prevention course" or "course" shall mean the
27 [accident] crash prevention course curriculum or specialized course
28 curriculum which has been approved by the commissioner.
29 5. "Completion certificate" shall mean a document which cannot be
30 altered and which is provided to the student who successfully completes
31 the [accident] crash prevention course.
32 6. "Specialized course" shall mean a course aimed primarily at enhanc-
33 ing safety within a specific occupation or for a specific category of
34 vehicles.
35 § 39. Section 399-c of the vehicle and traffic law, as added by chap-
36 ter 290 of the laws of 1998, is amended to read as follows:
37 § 399-c. Approval by the commissioner. The commissioner must approve
38 [an accident] a crash prevention course before any person attending and
39 successfully completing such course may qualify to receive mandatory
40 insurance reduction benefits in accordance with subsection (a) of
41 section two thousand three hundred thirty-six of the insurance law. The
42 commissioner shall base the decision to approve a course upon the
43 requirements set forth in this article and any additional requirements
44 as the commissioner deems necessary.
45 § 40. Subdivision 1 of section 399-d of the vehicle and traffic law,
46 as added by chapter 290 of the laws of 1998, is amended to read as
47 follows:
48 1. An agency or organization seeking approval as a motor vehicle
49 [accident] crash prevention course sponsoring agency shall apply to the
50 commissioner for approval. Such applications shall be made in writing
51 and on forms prescribed by the commissioner. The application shall
52 include at a minimum: the title or name of the course, the name of the
53 organization submitting the application, proof of course ownership, and
54 the names and addresses of all owners, officers, and directors of the
55 agency or organization, and such other information or material as the
56 commissioner may prescribe. An application shall not be considered to be
S. 7271 19
1 complete until all information and material required by this chapter and
2 by regulation of the commissioner has been submitted.
3 § 41. Section 399-f of the vehicle and traffic law, as added by chap-
4 ter 290 of the laws of 1998, is amended to read as follows:
5 § 399-f. Proof of effectiveness. Proof of effectiveness shall be veri-
6 fiable research documentation submitted by the applicant for sponsorship
7 showing evidence of effectiveness comparable to that of the national
8 safety council's defensive driving course as determined by the commis-
9 sioner in terms of reduced convictions or [accidents] crashes or both.
10 This research documentation shall employ accepted research principles
11 and include treatment and non-treatment control groups comprised of
12 samples of the representative driver base. In order to establish verifi-
13 able effectiveness, each sample group should be comprised of a minimum
14 of three thousand drivers selected randomly. The documentation shall
15 include conviction or [accident] crash data for each motorist for a
16 period of at least eighteen months prior to the course completion date
17 and at least eighteen months subsequent to such date, and equivalent
18 time periods for non-treatment control groups. The documentation shall
19 also include a description of the sampling and analytic procedures used,
20 and the motorist identification number and course completion date for
21 all course attendees. The applicant for sponsorship shall provide, at
22 the request of the commissioner and at the applicant's expense, all
23 driving record data and analysis used in the development of the submit-
24 ted research documentation. Submission of any fraudulent or inten-
25 tionally misleading data will disqualify that organization and all
26 owners and principals from participating or approval in the [accident]
27 crash prevention course for a period of ten years from submission date.
28 The commissioner may, by regulation, provide for a smaller sample group
29 for specialized courses.
30 § 42. The article heading of article 12-C of the vehicle and traffic
31 law, as added by chapter 751 of the laws of 2005, is amended to read as
32 follows:
33 [ACCIDENT] CRASH PREVENTION COURSE INTERNET, AND OTHER TECHNOLOGY
34 PILOT PROGRAM
35 § 43. Section 399-k of the vehicle and traffic law, as added by chap-
36 ter 751 of the laws of 2005, is amended to read as follows:
37 § 399-k. [Accident] Crash prevention course internet technology pilot
38 program. The commissioner shall establish and implement a comprehensive
39 pilot program to review and study internet, and other technologies as
40 approved by the commissioner, as a training method for the adminis-
41 tration and completion of an approved [accident] crash prevention course
42 for the purposes of granting point and insurance premium reduction bene-
43 fits.
44 § 44. Section 399-l of the vehicle and traffic law, as amended by
45 section 1 of part UU of chapter 59 of the laws of 2018, is amended to
46 read as follows:
47 § 399-l. Application. Applicants for participation in the pilot
48 program established pursuant to this article shall be among those [acci-
49 dent] crash prevention course sponsoring agencies that have a course
50 approved by the commissioner pursuant to article twelve-B of this title
51 prior to the effective date of this article and which deliver such
52 course to the public. Provided, however, the commissioner may, in his or
53 her discretion, approve applications after such date. In order to be
54 approved for participation in such pilot program, the course must comply
55 with the provisions of law, rules and regulations applicable thereto.
56 The commissioner may, in his or her discretion, impose a fee for the
S. 7271 20
1 submission of each application to participate in the pilot program
2 established pursuant to this article. Such fee shall not exceed seven
3 thousand five hundred dollars.
4 § 45. Section 399-m of the vehicle and traffic law, as added by chap-
5 ter 751 of the laws of 2005, is amended to read as follows:
6 § 399-m. Pilot program scope and duration. The commissioner shall
7 conduct a pilot program designed to evaluate utilizing internet, and
8 other technologies as approved by the commissioner, for delivering
9 [accident] crash prevention courses for point and insurance premium
10 reduction benefits to the public by permitting qualifying applicants to
11 participate in the pilot program for a period of five years.
12 § 46. Section 399-n of the vehicle and traffic law, as added by chap-
13 ter 751 of the laws of 2005, is amended to read as follows:
14 § 399-n. Regulations. 1. The commissioner is authorized and directed
15 to promulgate any rules and regulations necessary to implement the
16 provisions of this article and to insure that internet, and other tech-
17 nology as approved by the commissioner, delivered [accident] crash
18 prevention courses established pursuant to this article can validate:
19 student identity at registration and throughout the course; partic-
20 ipation throughout the course; that the time requirements are met; and
21 successful completion of the course. Provided, however, that any rules
22 and regulations promulgated pursuant to this article shall not stipulate
23 any particular location for delivery of [an accident] a crash prevention
24 course or limit the time of day during which such course may be taken.
25 2. The commissioner is authorized to impose a fee upon each [accident]
26 crash prevention course sponsoring agency approved for participation in
27 the pilot program, which shall not exceed eight dollars for each student
28 who completes [an accident] a crash prevention course by means of the
29 pilot program established pursuant to this article.
30 § 47. Section 399-o of the vehicle and traffic law, as added by chap-
31 ter 751 of the laws of 2005, is amended to read as follows:
32 § 399-o. Report by commissioner. Within five years of the establish-
33 ment and implementation of this article, the commissioner shall report
34 to the governor, the temporary president of the senate and the speaker
35 of the assembly on the [accident] crash prevention course internet, and
36 other technology as approved by the commissioner, pilot program and its
37 results. Such report shall include recommendations as to the future use
38 of internet and other technologies as an effective way, in addition to
39 classroom presentation, to deliver to the public approved [accident]
40 crash prevention courses, and qualifications for participants in such
41 approved internet and other technology-delivered programs.
42 § 48. Paragraph (e) of subdivision 4 of section 503 of the vehicle and
43 traffic law, as added by section 2 of part E of chapter 59 of the laws
44 of 2004, is amended to read as follows:
45 (e) Any completion of a motor vehicle [accident] crash prevention
46 course approved pursuant to article twelve-B of this chapter shall not
47 serve to reduce the calculation of points on a person's driving record
48 for the purposes of this section.
49 § 49. Subdivision 2 of section 506 of the vehicle and traffic law, as
50 added by chapter 780 of the laws of 1972, is amended to read as follows:
51 2. The commissioner may require every person holding a license issued
52 pursuant to this article to submit to such an examination as shall be
53 determined by him to be appropriate if such person has been involved in
54 three [accidents] crashes while driving a motor vehicle or motorcycle
55 within a period of eighteen months, if such [accidents] crashes were
56 required to be reported by section six hundred five of this chapter.
S. 7271 21
1 § 50. Subdivision 7 of section 509-a 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) [accident] crash shall include any [accident] crash with another
5 vehicle, object or person, which occurs in this state or elsewhere, in
6 which any person is killed or injured, or in which damage to the proper-
7 ty of any one person, including the operator, in excess of one thousand
8 five hundred dollars is sustained, or in which damage in excess of two
9 thousand five hundred dollars is sustained to any bus as defined in
10 section one hundred four of this chapter; provided however that [acci-
11 dents] crashes occurring outside this state shall not be recorded on the
12 driver's license record.
13 § 51. Subdivisions 1 and 3 of section 509-bb of the vehicle and traf-
14 fic law, as added by chapter 599 of the laws of 1993, are amended to
15 read as follows:
16 (1) Any person employed as a bus driver who has on three occasions
17 been the operator of a motor vehicle involved in [an accident] a crash
18 of a nature or type set forth in section five hundred nine-a of this
19 article, where such [accidents] crashes occurred within an eighteen-
20 month period, shall be subject to reexamination, including a road test,
21 as provided in this section; provided, however, that if such person is
22 subject to a period of disqualification pursuant to section five hundred
23 nine-c or five hundred nine-cc of this article, such reexamination shall
24 occur not more than forty-five days prior to the completion of such
25 period of disqualification; and provided, further, that [accidents]
26 crashes in which the driver was completely without fault shall not be
27 included in determining whether such reexamination is required.
28 (3) For purposes of this section, one such [accident] crash shall not
29 be counted if the person successfully completes a motor vehicle [acci-
30 dent] crash prevention course approved by the commissioner.
31 § 52. Subparagraph (iv) of paragraph (b) and paragraphs (d), (e) and
32 (f) of subdivision 1 and subparagraph (iii) of paragraph (b) and para-
33 graphs (d), (e) and (f) of subdivision 2 of section 509-c of the vehicle
34 and traffic law, subparagraph (iv) of paragraph (b) of subdivision 1 and
35 subparagraph (iii) of paragraph (b) of subdivision 2 as amended by chap-
36 ter 360 of the laws of 1986, paragraph (d) of subdivision 1 and para-
37 graph (d) of subdivision 2 as amended by chapter 599 of the laws of 1993
38 and paragraphs (e) and (f) of subdivision 1 and paragraphs (e) and (f)
39 of subdivision 2 as added by chapter 599 of the laws of 1993, are
40 amended to read as follows:
41 (iv) has been convicted of leaving the scene of [an accident] a crash
42 which resulted in personal injury or death under subdivision two of
43 section six hundred of this chapter or an offense committed outside of
44 this state which would constitute a violation of subdivision two of
45 section six hundred of this chapter. Such disqualification shall be for
46 a period of three years if such conviction occurred prior to September
47 fifteenth, nineteen hundred eighty-five; or
48 (d) for a period of one year, if that person has accumulated nine or
49 more points on his or her driving record for acts that occurred during
50 an eighteen month period on or after September fifteenth, nineteen
51 hundred eighty-five, provided, however, that the disqualification shall
52 terminate if the person has reduced the points to less than nine through
53 the successful completion of a motor vehicle [accident] crash prevention
54 course.
55 (e) for a period of one year, if that person was the operator of a
56 motor vehicle involved in two or more [accidents] crashes of a nature
S. 7271 22
1 and type set forth in section five hundred nine-a of this article, where
2 such [accidents] crashes occurred within an eighteen-month period
3 following a reexamination conducted pursuant to section five hundred
4 nine-bb of this article, provided that [accidents] crashes in which the
5 driver was completely without fault shall not be included in determining
6 whether such disqualification is required;
7 (f) for a period of one year, if that person fails to pass a road test
8 administered pursuant to section five hundred nine-bb of this article;
9 provided, however, that such person shall be given the opportunity to
10 complete a motor vehicle [accident] crash prevention course approved by
11 the commissioner and to then undergo a second road test administered
12 pursuant to section five hundred nine-bb of this article, and such
13 disqualification shall cease if such person passes such second road
14 test.
15 (iii) has been convicted of leaving the scene of [an accident] a crash
16 which resulted in personal injury or death under subdivision two of
17 section six hundred of this chapter or an offense committed outside of
18 this state which would constitute a violation of subdivision two of
19 section six hundred of this chapter; or
20 (d) for a period of one year, if that person accumulates nine or more
21 points on his or her driving record for acts occurring during an eigh-
22 teen month period, provided, however, that the disqualification shall
23 terminate if the person has reduced the points to less than nine through
24 the successful completion of a motor vehicle [accident] crash prevention
25 course.
26 (e) for a period of one year, if that person was the operator of a
27 motor vehicle involved in two or more [accidents] crashes of a nature
28 and type set forth in section five hundred nine-a of this article, where
29 such [accidents] crashes occurred within an eighteen-month period
30 following a reexamination conducted pursuant to section five hundred
31 nine-bb of this article, provided that [accidents] crashes in which the
32 driver was completely without fault shall not be included in determining
33 whether such disqualification is required;
34 (f) for a period of one year, if that person fails to pass a road test
35 administered pursuant to section five hundred nine-bb of this article;
36 provided, however, that such person shall be given the opportunity to
37 complete a motor vehicle [accident] crash prevention course approved by
38 the commissioner and to then undergo a second road test administered
39 pursuant to section five hundred nine-bb of this article, and such
40 disqualification shall cease if such person passes such second road
41 test.
42 § 53. Subparagraph (v) of paragraph (b) and paragraphs (d), (e) and
43 (f) of subdivision 1, subparagraph (iv) of paragraph (c) and paragraphs
44 (e), (f) and (g) of subdivision 2 of section 509-cc of the vehicle and
45 traffic law, subparagraph (v) of paragraph (b) of subdivision 1 as added
46 by chapter 675 of the laws of 1985, paragraph (d) of subdivision 1 and
47 paragraph (e) of subdivision 2 as amended and paragraphs (e) and (f) of
48 subdivision 1 and paragraphs (f) and (g) of subdivision 2 as added by
49 chapter 599 of the laws of 1993, and subparagraph (iv) of paragraph (c)
50 of subdivision 2 as amended by chapter 360 of the laws of 1986, are
51 amended to read as follows:
52 (v) has been convicted of leaving the scene of [an accident] a crash
53 which resulted in personal injury or death under section six hundred of
54 this chapter or an offense committed outside of this state which would
55 constitute a violation of section six hundred of this chapter.
S. 7271 23
1 (d) for a period of one year, if that person has accumulated nine or
2 more points on his or her driving record for acts that occurred during
3 an eighteen month period on or after September fifteenth, nineteen
4 hundred eighty-five, provided, however, that the disqualification shall
5 terminate if the person has reduced the points to less than nine through
6 the successful completion of a motor vehicle [accident] crash prevention
7 course.
8 (e) for a period of one year, if that person or was the operator of a
9 motor vehicle involved in two or more [accidents] crashes of a nature
10 and type set forth in section five hundred nine-a of this article, where
11 such [accidents] crashes occurred within an eighteen-month period
12 following a reexamination conducted pursuant to section five hundred
13 nine-bb of this article, provided that [accidents] crashes in which the
14 driver was completely without fault shall not be included in determining
15 whether such disqualification is required;
16 (f) for a period of one year, if that person fails to pass a road test
17 administered pursuant to section five hundred nine-bb of this article;
18 provided, however, that such person shall be given the opportunity to
19 complete a motor vehicle [accident] crash prevention course approved by
20 the commissioner and to then undergo a second road test administered
21 pursuant to section five hundred nine-bb of this article, and such
22 disqualification shall cease if such person passes such second road
23 test.
24 (iv) has been convicted of leaving the scene of [an accident] a crash
25 which resulted in personal injury or death under subdivision two of
26 section six hundred of this chapter or an offense committed outside of
27 this state which would constitute a violation of subdivision two of
28 section six hundred of this chapter; or
29 (e) for a period of one year, if that person accumulates nine or more
30 points on his or her driving record for acts occurring during an eigh-
31 teen month period, provided, however, that the disqualification shall
32 terminate if the person has reduced the points to less than nine through
33 the successful completion of a motor vehicle [accident] crash prevention
34 course.
35 (f) for a period of one year, if that person was the operator of a
36 motor vehicle involved in two or more [accidents] crashes of a nature
37 and type set forth in section five hundred nine-a of this article, where
38 such [accidents] crashes occurred within an eighteen-month period
39 following a reexamination conducted pursuant to section five hundred
40 nine-bb of this article, provided that accidents in which the driver was
41 completely without fault shall not be included in determining whether
42 such disqualification is required;
43 (g) for a period of one year, if that person fails to pass a road test
44 administered pursuant to section five hundred nine-bb of this article;
45 provided, however, that such person shall be given the opportunity to
46 complete a motor vehicle [accident] crash prevention course approved by
47 the commissioner and to then undergo a second road test administered
48 pursuant to section five hundred nine-bb of this article, and such
49 disqualification shall cease if such person passes such second road
50 test.
51 § 54. Subdivision 7 of section 509-d of the vehicle and traffic law,
52 as added by chapter 599 of the laws of 1993, is amended to read as
53 follows:
54 (7) Each motor carrier shall prepare a report setting forth: (a) the
55 number of miles travelled by buses operated by such motor carrier in the
56 preceding twelve months; (b) the number of convictions and [accidents]
S. 7271 24
1 crashes involving any driver employed by such motor carrier during the
2 preceding twelve months, as reported to such carrier pursuant to section
3 five hundred nine-f of this [chapter] article; and (c) the number of
4 convictions and [accidents] crashes per ten thousand miles travelled.
5 Such report shall be filed with the department as an attachment to the
6 affidavit of compliance required by subdivision (c) of section five
7 hundred nine-j of this [chapter] article, and a copy of such report
8 shall be made available by the carrier to any person upon request.
9 § 55. Section 509-e of the vehicle and traffic law, as amended by
10 chapter 853 of the laws of 1975, is amended to read as follows:
11 § 509-e. Annual review of driving record. Each motor carrier shall, at
12 least once every twelve months, review the driving record of each bus
13 driver it employs to determine whether that driver meets minimum
14 requirements for safe driving and is qualified to drive a bus pursuant
15 to section five hundred nine-b of this article. In reviewing a driving
16 record, the motor carrier must consider any evidence that the bus driver
17 has violated applicable provisions of the vehicle and traffic law. The
18 motor carrier must also consider the driver's [accident] crash record
19 and any evidence that the driver has violated laws governing the opera-
20 tion of motor vehicles, such as speeding, reckless driving, and operat-
21 ing while under the influence of alcohol or drugs, that indicate that
22 the driver has exhibited a disregard for the safety of the public. Such
23 information shall be recorded in the employer's record.
24 § 56. Section 509-f of the vehicle and traffic law, as amended by
25 chapter 599 of the laws of 1993, is amended to read as follows:
26 509-f. Record of violations. Each motor carrier shall, at least once
27 every twelve months, require each bus driver it employs to prepare and
28 furnish it with a list of all violations of motor vehicle traffic laws
29 and ordinances (other than violations involving only parking) of which
30 the driver has been convicted or on account of which he has forfeited
31 bond or collateral and all [accidents] crashes of a nature or type set
32 forth in section five hundred nine-a of this article in which the driver
33 was involved during the preceding twelve months whether such violations
34 or [accidents] crashes occurred in this state or elsewhere. Such infor-
35 mation shall be recorded in the employer's record.
36 § 57. Subdivisions 1-b and 4 of section 509-i of the vehicle and traf-
37 fic law, subdivision 1-b as added and subdivision 4 as amended by chap-
38 ter 599 of the laws of 1993, are amended to read as follows:
39 1-b. A driver who is involved in [an accident] a crash of a nature or
40 type set forth in section five hundred nine-a of this article in any
41 jurisdiction shall notify his or her employer within five working days
42 from the date of the [accident] crash. A driver who fails to notify his
43 or her employer of such [accident] crash within the five working day
44 period shall be subject to a five working day suspension.
45 4. In addition to the requirements of subdivision three of this
46 section, the commissioner shall notify the motor carrier of any
47 conviction for any traffic violation or [accident] crash resulting from
48 operation of a motor vehicle against a bus driver employed by the motor
49 carrier, shall require payment of the fee necessary to defray the cost
50 of the notification, and shall require all motor carriers to establish
51 an escrow account with the department which shall be used to pay for the
52 costs incurred by the department when it informs the motor carrier of a
53 driver's conviction or [accident] crash; and may, if requested by a
54 political subdivision which contracts with a motor carrier for the
55 transportation of school children, provide such notice to the political
56 subdivision.
S. 7271 25
1 § 58. Subparagraph (iii) of paragraph a of subdivision 2 of section
2 510 of the vehicle and traffic law, as amended by chapter 47 of the laws
3 of 1988, is amended to read as follows:
4 (iii) of any violation of subdivision two of section six hundred or
5 section three hundred ninety-two of this chapter or of a local law or
6 ordinance making it unlawful to leave the scene of [an accident] a crash
7 without reporting;
8 § 59. Paragraph (a) of subdivision 4 of section 510-a of the vehicle
9 and traffic law, as amended by section 1 of part C of chapter 58 of the
10 laws of 2013, is amended to read as follows:
11 (a) A serious traffic violation shall mean operating a commercial
12 motor vehicle in violation of any provision of this chapter or the laws
13 or ordinances of any other state or locality outside of this state that
14 restricts or prohibits the use of a hand-held mobile telephone or a
15 portable electronic device while operating a commercial motor vehicle or
16 in violation of any provision of this chapter or the laws of any other
17 state, the District of Columbia or any Canadian province which (i)
18 limits the speed of motor vehicles, provided the violation involved
19 fifteen or more miles per hour over the established speed limit; (ii) is
20 defined as reckless driving by state or local law or regulation; (iii)
21 prohibits improper or erratic lane change; (iv) prohibits following too
22 closely; (v) relates to motor vehicle traffic (other than parking,
23 standing or stopping) and which arises in connection with a fatal [acci-
24 dent] crash; (vi) operating a commercial motor vehicle without first
25 obtaining a commercial driver's license as required by section five
26 hundred one of this title; (vii) operating a commercial motor vehicle
27 without a commercial driver's license in the driver's possession; or
28 (viii) operating a commercial motor vehicle without the proper class of
29 commercial driver's license and/or endorsement for the specific vehicle
30 being operated or for the passengers or type of cargo being transported.
31 § 60. Section 520 of the vehicle and traffic law, as amended by chap-
32 ter 607 of the laws of 1979, is amended to read as follows:
33 § 520. Statement of findings and declaration of purpose. The ever-in-
34 creasing number of [accidents] crashes, personal injuries and deaths
35 resulting from alcohol or drug-related traffic offenses is a matter of
36 great concern to the legislature. The diminished perception of intoxi-
37 cated and impaired operators of motor vehicles presents a constant and
38 intolerable threat to the lives and well-being of the citizens of the
39 state. Efforts aimed at alleviating this threat have proven inadequate.
40 The public interest in the cause of highway safety will be well served
41 by the implementation of a permanent program of rehabilitation for those
42 operators convicted of alcohol or drug-related traffic offenses and
43 certain operators who have been adjudicated youthful offenders for alco-
44 hol or drug-related traffic offenses. The commissioner of motor vehicles
45 should have the authority to offer to such operators an opportunity for
46 rehabilitation, thereby reducing the threat aimed at themselves and the
47 people of the state.
48 § 61. Section 523-b of the vehicle and traffic law, as added by chap-
49 ter 596 of the laws of 1975, is amended to read as follows:
50 § 523-b. Experimental driver safety programs. The commissioner may
51 study the feasibility of programs to improve driver behavior, attitude,
52 performance or skills in order to reduce motor vehicle [accidents] cras-
53 hes and traffic violations, and to promote highway safety. He shall have
54 the authority to establish such programs on a limited, experimental
55 basis in order to assist in such feasibility study provided any such
56 program is funded by any source other than state funds, or if any such
S. 7271 26
1 program is to be funded with state funds, then he may establish such
2 program only with the approval of the director of the division of the
3 budget.
4 § 62. The article heading of article 22 of the vehicle and traffic law
5 is amended to read as follows:
6 [ACCIDENTS] CRASHES AND [ACCIDENT]
7 CRASH REPORTS
8 § 63. Paragraph b of subdivision 1 of section 600 of the vehicle and
9 traffic law, as amended by section 4 of part AAA of chapter 59 of the
10 laws of 2017, is amended to read as follows:
11 b. It shall be the duty of any member of a law enforcement agency who
12 is at the scene of the [accident] crash to request the said operator or
13 operators of the motor vehicles, when physically capable of doing so, to
14 exchange the information required hereinabove and such member of a law
15 enforcement agency shall assist such operator or operators in making
16 such exchange of information in a reasonable and harmonious manner.
17 A violation of the provisions of paragraph a of this subdivision shall
18 constitute a traffic infraction punishable by a fine of up to two
19 hundred fifty dollars or a sentence of imprisonment for up to fifteen
20 days or both such fine and imprisonment.
21 § 64. Paragraph b of subdivision 2 of section 600 of the vehicle and
22 traffic law, as amended by section 4 of part AAA of chapter 59 of the
23 laws of 2017, is amended to read as follows:
24 b. It shall be the duty of any member of a law enforcement agency who
25 is at the scene of the [accident] crash to request the said operator or
26 operators of the motor vehicles, when physically capable of doing so, to
27 exchange the information required hereinabove and such member of a law
28 enforcement agency shall assist such operator or operators in making
29 such exchange of information in a reasonable and harmonious manner.
30 § 65. Section 603 of the vehicle and traffic law, as amended by chap-
31 ter 550 of the laws of 1993 and subdivision 1 as amended by chapter 432
32 of the laws of 1997, is amended to read as follows:
33 § 603. [Accidents] Crashes; police authorities and coroners to report.
34 1. Every police or judicial officer to whom [an accident] a crash
35 resulting in injury to a person shall have been reported, pursuant to
36 the foregoing provisions of this chapter, shall immediately investigate
37 the facts, or cause the same to be investigated, and report the matter
38 to the commissioner forthwith; provided, however, that the report of the
39 [accident] crash is made to the police officer or judicial officer with-
40 in five days after such [accident] crash. Every coroner, or other offi-
41 cial performing like functions, shall likewise make a report to the
42 commissioner with respect to all deaths found to have been the result of
43 motor vehicle or motorcycle [accidents] crashes. Such report shall
44 include information on the width and length of trucks, tractors, trail-
45 ers and semitrailers, which are in excess of ninety-five inches in width
46 or thirty-four feet in length and which are involved in such [accidents]
47 crashes, whether such [accident] crash took place in a work area and
48 whether it was being operated with an overweight or overdimension
49 permit. Such report shall distinctly indicate and include information
50 as to whether the inflatable restraint system inflated and deployed.
51 Nothing contained in this subdivision shall be deemed to preclude a
52 police officer from reporting any other [accident] crash which, in the
53 judgment of such police officer, would be required to be reported to the
54 commissioner by the operator of a vehicle pursuant to section six
55 hundred five of this article.
S. 7271 27
1 2. In addition to the requirements of subdivision one of this section,
2 every police officer or judicial officer to whom [an accident] a crash
3 shall have been reported involving a commercial motor vehicle as defined
4 in either subdivision four of section five hundred one-a or subdivision
5 one of section five hundred nine-p of this chapter shall immediately
6 investigate the facts, or cause the same to be investigated and report
7 the matter to the commissioner forthwith, provided that the report of
8 the [accident] crash is made to the police officer or judicial officer
9 within five days after such [accident] crash, whenever such [accident]
10 crash has resulted in (i) a vehicle being towed from the [accident]
11 crash scene as the result of incurring disabling damage, (ii) a fatali-
12 ty, or (iii) any individual being transported to a medical facility to
13 receive treatment as the result of physical injury sustained in the
14 [accident] crash.
15 § 66. Section 603-a of the vehicle and traffic law, as added by chap-
16 ter 408 of the laws of 2001, subdivision 1 as amended by chapter 489 of
17 the laws of 2017 and paragraph (b) of subdivision 1 as amended by chap-
18 ter 27 of the laws of 2018, is amended to read as follows:
19 § 603-a. [Accidents] Crashes; police authorities to investigate.
20 1. In addition to the requirements of section six hundred three of
21 this article, whenever a motor vehicle [accident] crash results in seri-
22 ous physical injury or death to a person, and such [accident] crash
23 either is discovered by a police officer, or reported to a police offi-
24 cer within five days after such [accident] crash occurred, the police
25 shall conduct an investigation of such [accident] crash.
26 (a) Such investigation shall be conducted for the purposes of making a
27 determination of the following: the facts and circumstances of the
28 [accident] crash; the type or types of vehicles involved, including
29 passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
30 ed use motorcycles, off-highway motorcycles, and/or bicycles; whether
31 pedestrians were involved; the contributing factor or factors; whether
32 it can be determined if a violation or violations of this chapter
33 occurred, and if so, the specific provisions of this chapter which were
34 violated and by whom; and, the cause of such [accident] crash, where
35 such cause can be determined.
36 (b) When present at the scene of such accident, the investigating
37 officer shall also request that all operators of motor vehicles involved
38 in such [accident] crash submit to field testing as defined in section
39 eleven hundred ninety-four of this chapter provided there are reasonable
40 grounds to believe such motor vehicle operator committed a serious traf-
41 fic violation in the same [accident] crash. The results of such field
42 testing or refusal of such testing shall be included in the police
43 investigation report. For the purposes of this section, "serious traffic
44 violation" shall mean operating a motor vehicle in violation of any of
45 the following provisions of this chapter: articles twenty-three, twen-
46 ty-four, twenty-five, twenty-six, twenty-eight, twenty-nine and thirty
47 and sections five hundred eleven, six hundred and twelve hundred twelve.
48 (c) The police shall forward a copy of the investigation report to the
49 commissioner within five business days of the completion of such report.
50 2. For purposes of this section, the following terms shall have the
51 following meanings:
52 (a) "commercial motor vehicle" shall have the same meaning as such
53 term is defined in either subdivision four of section five hundred one-a
54 or subdivision one of section five hundred nine-p of this chapter; and
55 (b) "serious physical injury" shall have the same meaning as such term
56 is defined in section 10.00 of the penal law.
S. 7271 28
1 § 67. Section 603-b of the vehicle and traffic law, as amended by
2 chapter 408 of the laws of 2007, is amended to read as follows:
3 § 603-b. [Accidents] Crashes; police to indicate serious physical
4 injury and death on simplified traffic information or summons and
5 compliant. In addition to the requirements of section six hundred three
6 of this article and subdivision twelve of section eleven hundred nine-
7 ty-two of this chapter, in every case where a law enforcement officer is
8 required to report pursuant to section six hundred three of this article
9 and a person is charged with a violation of this chapter arising out of
10 such [accident] crash, the law enforcement officer alleging such charge
11 shall make a clear notation in the "Description of Violation" section of
12 a simplified traffic information, or in an area provided on a summons
13 and complaint pursuant to subdivision one of section two hundred twen-
14 ty-six of this chapter, if, arising out of the same [accident] crash,
15 someone other than the person charged was killed or suffered serious
16 physical injury as defined in section 10.00 of the penal law; such nota-
17 tion shall be in the form of a "D" if someone other than the person
18 charged was killed and such notation shall be in the form of a "S.P.I."
19 if someone other than the person charged suffered serious physical inju-
20 ry; provided however, that the failure to make such notation shall in no
21 way affect a charge for a violation of this chapter.
22 § 68. Section 604 of the vehicle and traffic law is amended to read as
23 follows:
24 § 604. Reports; contents; preparation; distribution; filing. Reports
25 of [accidents] crashes required under the preceding section, or under
26 the rules and regulations of the commissioner, shall be upon forms
27 prepared by him and contain such information as he shall prescribe.
28 Blank forms for such reports shall be printed by the commissioner and a
29 supply sent to all city, town and village clerks and to the chief offi-
30 cer of every city police department for general distribution and use as
31 herein provided. Reports of [accidents] crashes, required under the
32 preceding section, shall be sent to and filed with the commissioner at
33 the main office of the bureau of motor vehicles in the city of Albany,
34 except as otherwise provided by the rules and regulations of the commis-
35 sioner.
36 § 69. Section 605 of the vehicle and traffic law, as amended by chap-
37 ter 254 of the laws of 1989, paragraphs 1 and 2 of subdivision (a) as
38 amended by chapter 498 of the laws of 1999, paragraph 4 of subdivision
39 (a) as amended by chapter 71 of the laws of 2004 and subdivision (c) as
40 amended by chapter 161 of the laws of 1996, is amended to read as
41 follows:
42 § 605. Report required upon [accident] crash. (a) 1. Every person
43 operating a motor vehicle, except a police officer (as defined in subdi-
44 vision thirty-four of section 1.20 of the criminal procedure law), a
45 correction officer, or a firefighter, operating a police department, a
46 correction department, or fire department vehicle respectively while on
47 duty, if a report has been filed by the owner of such vehicle, which is
48 in any manner involved in [an accident] a crash, anywhere within the
49 boundaries of this state, in which any person is killed or injured, or
50 in which damage to the property of any one person, including himself, in
51 excess of one thousand dollars is sustained, shall within ten days after
52 such [accident] crash, report the matter in writing to the commissioner.
53 If such operator or chauffeur be physically incapable of making such
54 report and there be another participant in the [accident] crash not
55 incapacitated, such participant shall make such report within ten days
56 after such [accident] crash. If the operator or chauffeur involved in
S. 7271 29
1 such [accident] crash be unable to make such report, the owner of the
2 motor vehicle involved in such accident, if such owner be not involved
3 in such [accident] crash or incapacitated, shall within ten days after
4 he learns of the fact of such [accident] crash report the matter to the
5 commissioner together with such information as may have come to his
6 knowledge relating to such [accident] crash. Every such operator or
7 chauffeur of a motor vehicle, or participant in any such [accident]
8 crash, or owner of the motor vehicle involved in any such [accident]
9 crash, shall make such other and additional reports as the commissioner
10 shall require.
11 2. Failure to report an [accident] crash as herein provided or failure
12 to give correctly the information required of him by the commissioner in
13 connection with such report shall be a misdemeanor and shall constitute
14 a ground for suspension or revocation of the operator's (or chauffeur's)
15 license or all certificates of registration for any motor vehicle, or of
16 both, of the person failing to make such report as herein required. In
17 addition, the commissioner may temporarily suspend the driver's license
18 or permit or certificate of registration of the motor vehicle involved
19 in the [accident] crash, or of both, of the person failing to report [an
20 accident] a crash within the period prescribed in paragraph one of this
21 subdivision, until such report has been filed. However, no suspension or
22 a revocation shall be made of a license or certificate of registration
23 of any police officer, correction officer, or firefighter involved in
24 [an accident] a crash while on duty for failure to report such [acci-
25 dent] crash within ten days thereof if a report has been filed by the
26 owner of such vehicle.
27 3. In the case of a non-resident the failure to report [an accident] a
28 crash as herein provided shall constitute ground for suspension or revo-
29 cation of his privileges of operating a motor vehicle in this state and
30 of the operation within this state of any motor vehicle owned by him.
31 4. When a report required by this section is made by an owner or an
32 operator of a fire vehicle, as defined by section one hundred fifteen-a
33 of this chapter, or a police vehicle, as defined by section one hundred
34 thirty-two-a of this chapter, when such [accident] crash occurred during
35 the operation of such vehicle in response to an emergency where the
36 operator was responding to a call to duty as a paid or volunteer member
37 of any fire department, or in the case of a police vehicle, when such
38 [accident] crash occurred during emergency operation, as defined by
39 section one hundred fourteen-b of this chapter, the commissioner shall
40 omit the event described in such report from the operator's external
41 license abstract. Provided, however, the commissioner shall not omit
42 the event described in such report from the operator's external license
43 abstract if as a result of such event such operator has either (i) been
44 charged with a violation of this chapter or of the penal law, unless the
45 commissioner receives evidence that such charge has been dismissed, or
46 that the action has otherwise been terminated in favor of the accused
47 pursuant to section 160.50 of the criminal procedure law, or that the
48 charge has otherwise been adjudicated in an administrative or other
49 proceeding in favor of the defendant operator or (ii) been found to have
50 been grossly negligent by a final order of a court of competent juris-
51 diction.
52 (b) Every person operating a bicycle which is in any manner involved
53 in [an accident] a crash on a public highway in this state in which any
54 person is killed, other than the operator, or suffers serious physical
55 injury as defined pursuant to subdivision ten of section 10.00 of the
56 penal law, shall within ten days after such operator learns of the fact
S. 7271 30
1 of such death or serious physical injury, report the matter in writing
2 to the commissioner. If such operator is physically incapable of making
3 such report within ten days, he or she shall make the report immediately
4 upon recovery from the physical incapacity. If such operator is an
5 unemancipated minor who is incapable of making such report for any
6 reason, the parent or guardian of such operator shall make such report
7 within ten days after learning of the fact of such [accident] crash.
8 Every such operator of a bicycle, or parent or guardian of such uneman-
9 cipated minor operator, shall make such other and additional reports as
10 the commissioner shall require.
11 (c) The report required by this section shall be made in such form and
12 number as the commissioner may prescribe. Such report shall include
13 information on the width and length of trucks, tractors, trailers and
14 semitrailers, which are in excess of ninety-five inches in width or
15 thirty-four feet in length and which are involved in such [accidents]
16 crashes, whether such [accident] crash took place in a work area and
17 whether it was being operated with an overweight or over dimension
18 permit. Such report shall distinctly indicate and include information as
19 to whether the inflatable restraint system inflated and deployed.
20 § 70. Section 606 of the vehicle and traffic law, as added by chapter
21 429 of the laws of 2015, is amended to read as follows:
22 § 606. Processing of required reports. The commissioner, when process-
23 ing reports of [accidents] crashes filed pursuant to this article, shall
24 give priority to reports involving serious physical injury (as defined
25 in subdivision ten of section 10.00 of the penal law) or death.
26 § 71. Paragraphs 2 and 3 of subdivision (m) of section 1111-a of the
27 vehicle and traffic law, as amended by section 10 of part TT of chapter
28 58 of the laws of 2019, are amended to read as follows:
29 2. within each borough of such city, the aggregate number, type and
30 severity of [accidents] crashes reported at intersections where a traff-
31 ic-control signal photo violation-monitoring system is used for the
32 three years preceding the installation of such system, to the extent the
33 information is maintained by the department of motor vehicles of this
34 state;
35 3. within each borough of such city, the aggregate number, type and
36 severity of [accidents] crashes reported at intersections where a traff-
37 ic-control signal photo violation-monitoring system is used for the
38 reporting year, as well as for the preceding three years that the traff-
39 ic-control signal photo violation-monitoring system has been opera-
40 tional, to the extent the information is maintained by the department of
41 motor vehicles of this state;
42 § 72. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the
43 vehicle and traffic law, as amended by section 11 of part TT of chapter
44 58 of the laws of 2019, are amended to read as follows:
45 2. 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 three years preceding the instal-
48 lation of such system, to the extent the information is maintained by
49 the department of motor vehicles of this state;
50 3. the aggregate number, type and severity of [accidents] crashes
51 reported at intersections where a traffic-control signal photo viola-
52 tion-monitoring system is used for the reporting year, as well as for
53 each year that the traffic-control signal photo violation-monitoring
54 system has been operational, to the extent the information is maintained
55 by the department of motor vehicles of this state;
S. 7271 31
1 § 73. Paragraphs 2 and 3 of subdivision (m) of section 1111-b of the
2 vehicle and traffic law, as amended by section 12 of part TT of chapter
3 58 of the laws of 2019, are amended to read as follows:
4 2. the aggregate number, type and severity of [accidents] crashes
5 reported at intersections where a traffic-control signal photo viola-
6 tion-monitoring system is used for the three years preceding the instal-
7 lation of such system, to the extent the information is maintained by
8 the department of motor vehicles of this state;
9 3. the aggregate number, type and severity of [accidents] crashes
10 reported at intersections where a traffic-control signal photo viola-
11 tion-monitoring system is used for the reporting year, as well as for
12 each year that the traffic-control signal photo violation-monitoring
13 system has been operational, to the extent the information is maintained
14 by the department of motor vehicles of this state;
15 § 74. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the
16 vehicle and traffic law, as amended by section 13 of part TT of chapter
17 58 of the laws of 2019, are amended to read as follows:
18 2. the aggregate number, type and severity of [accidents] crashes
19 reported at intersections where a traffic-control signal photo viola-
20 tion-monitoring system is used for the three years preceding the instal-
21 lation of such system, to the extent the information is maintained by
22 the department of motor vehicles of this state;
23 3. the aggregate number, type and severity of [accidents] crashes
24 reported at intersections where a traffic-control signal photo viola-
25 tion-monitoring system is used for the reporting year, as well as for
26 each year that the traffic-control signal photo violation-monitoring
27 system has been operational, to the extent the information is maintained
28 by the department of motor vehicles of this state;
29 § 75. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
30 vehicle and traffic law, as amended by section 14 of part TT of chapter
31 58 of the laws of 2019, are amended to read as follows:
32 2. the aggregate number, type and severity of [accidents] crashes
33 reported at intersections where a traffic-control signal photo viola-
34 tion-monitoring system is used for the three years preceding the instal-
35 lation of such system, to the extent the information is maintained by
36 the department of motor vehicles of this state;
37 3. the aggregate number, type and severity of [accidents] crashes
38 reported at intersections where a traffic-control signal photo viola-
39 tion-monitoring system is used for the reporting year, as well as for
40 each year that the traffic-control signal photo violation-monitoring
41 system has been operational, to the extent the information is maintained
42 by the department of motor vehicles of this state;
43 § 76. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
44 vehicle and traffic law, as amended by section 15 of part TT of chapter
45 58 of the laws of 2019, are amended to read as follows:
46 2. the aggregate number, type and severity of [accidents] crashes
47 reported at intersections where a traffic-control signal photo viola-
48 tion-monitoring system is used for the three years preceding the instal-
49 lation of such system, to the extent the information is maintained by
50 the department of motor vehicles of this state;
51 3. the aggregate number, type and severity of [accidents] crashes
52 reported at intersections where a traffic-control signal photo viola-
53 tion-monitoring system is used for the reporting year, as well as for
54 each year that the traffic-control signal photo violation-monitoring
55 system has been operational, to the extent the information is maintained
56 by the department of motor vehicles of this state;
S. 7271 32
1 § 77. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
2 vehicle and traffic law, as amended by section 16 of part TT of chapter
3 58 of the laws of 2019, are amended to read as follows:
4 2. the aggregate number, type and severity of [accidents] crashes
5 reported at intersections where a traffic-control signal photo viola-
6 tion-monitoring system is used for the three years preceding the instal-
7 lation of such system, to the extent the information is maintained by
8 the department of motor vehicles of this state;
9 3. the aggregate number, type and severity of [accidents] crashes
10 reported at intersections where a traffic-control signal photo viola-
11 tion-monitoring system is used for the reporting year, as well as for
12 each year that the traffic-control signal photo violation-monitoring
13 system has been operational, to the extent the information is maintained
14 by the department of motor vehicles of this state;
15 § 78. Paragraphs 2 and 3 of subdivision (m) of section 1111-e of the
16 vehicle and traffic law, as added by chapter 222 of the laws of 2015,
17 are amended to read as follows:
18 2. the aggregate number, type and severity of [accidents] crashes
19 reported at intersections where a traffic-control signal photo viola-
20 tion-monitoring system is used for the year preceding the installation
21 of such system, to the extent the information is maintained by the
22 department of motor vehicles of this state;
23 3. the aggregate number, type and severity of [accidents] crashes
24 reported at intersections where a traffic-control signal photo viola-
25 tion-monitoring system is used, to the extent the information is main-
26 tained by the department of motor vehicles of this state;
27 § 79. Section 1131 of the vehicle and traffic law, as amended by chap-
28 ter 294 of the laws of 2016, is amended to read as follows:
29 § 1131. Driving on shoulders and slopes. Except for bicycles and those
30 classes of vehicles required to travel on shoulders or slopes, no motor
31 vehicle shall be driven over, across, along, or within any shoulder or
32 slope of any state controlled-access highway except at a location
33 specifically authorized and posted by the department of transportation.
34 The foregoing limitation shall not prevent tow trucks from using shoul-
35 ders or slopes in as limited and incidental a manner as practicable when
36 dispatched to the scene of [an accident] a crash by a law enforcement
37 agency or an authority, department or agency having jurisdiction over
38 such controlled-access highway and all lanes are obstructed by traffic,
39 provided, however, that the foregoing shall not relieve the driver of a
40 tow truck from the duty to drive with due regard for the safety of all
41 persons nor shall such provision protect the tow truck driver from the
42 consequences of his or her reckless disregard for the safety of others
43 and shall at all times operate such tow truck in compliance with all
44 standards of care imposed to prevent those injuries or damages to
45 persons or property of another which may result from the operator's
46 negligence, recklessness or intentional misconduct, nor shall it prevent
47 motor vehicles from using shoulders or slopes when directed by police
48 officers or flagpersons, nor does it prevent motor vehicles from stop-
49 ping, standing, or parking on shoulders or slopes where such stopping,
50 standing, or parking is lawful.
51 § 80. Paragraph 1 of subdivision (c) of section 1146 of the vehicle
52 and traffic law, as amended by chapter 333 of the laws of 2010, is
53 amended to read as follows:
54 1. A driver of a motor vehicle who causes serious physical injury as
55 defined in article ten of the penal law to a pedestrian or bicyclist
56 while failing to exercise due care in violation of subdivision (a) of
S. 7271 33
1 this section, shall be guilty of a traffic infraction punishable by a
2 fine of not more than seven hundred fifty dollars or by imprisonment for
3 not more than fifteen days or by required participation in a motor vehi-
4 cle [accident] crash prevention course pursuant to paragraph (e-1) of
5 subdivision two of section 65.10 of the penal law or by any combination
6 of such fine, imprisonment or course, and by suspension of a license or
7 registration pursuant to subparagraph (xiv) or (xv) of paragraph b of
8 subdivision two of section five hundred ten of this chapter.
9 § 81. Paragraph 2 of subdivision (c) of section 1170 of the vehicle
10 and traffic law, as amended by chapter 501 of the laws of 2016, is
11 amended to read as follows:
12 2. Any person convicted of a violation of this section resulting in
13 [an accident] a crash which causes physical injury, as that term is
14 defined pursuant to subdivision nine of section 10.00 of the penal law,
15 serious physical injury, as that term is defined pursuant to subdivision
16 ten of section 10.00 of the penal law, or death to another person, shall
17 be guilty of a class E felony.
18 § 82. Subdivision 1 of section 1180-a of the vehicle and traffic law,
19 as amended by chapter 464 of the laws of 2003, is amended to read as
20 follows:
21 1. Notwithstanding any other provision of law, no city, village, town,
22 county, public authority, division, office or department of the state
23 shall maintain or create (a) any speed limit in excess of fifty-five
24 miles per hour on any road, highway, parkway or bridge or (b) any speed
25 limit on any other portion of a public highway, which is not uniformly
26 applicable to all types of motor vehicles using such portion of highway,
27 if on November first, nineteen hundred seventy-three, such portion of
28 highway had a speed limit which was uniformly applicable to all types of
29 motor vehicles using it; provided however, a lower speed limit may be
30 established for any vehicle operating under a special permit because of
31 any weight or dimension of such vehicle, including any load thereon, and
32 (c) provided further, paragraph (b) of this subdivision shall not apply
33 to any portion of a highway during such time that the condition of the
34 highway, weather, [an accident] a crash, or other condition creates a
35 temporary hazard to the safety of traffic on such portion of a highway.
36 However, the commissioner of the department of transportation may estab-
37 lish a maximum speed limit of not more than sixty-five miles per hour on
38 any state roadway which meets department criteria for such maximum
39 speed.
40 § 83. Subdivision 1 of section 1194 of the vehicle and traffic law, as
41 added by chapter 47 of the laws of 1988, is amended to read as follows:
42 1. Arrest and field testing. (a) Arrest. Notwithstanding the
43 provisions of section 140.10 of the criminal procedure law, a police
44 officer may, without a warrant, arrest a person, in case of a violation
45 of subdivision one of section eleven hundred ninety-two of this article,
46 if such violation is coupled with [an accident] a crash or collision in
47 which such person is involved, which in fact has been committed, though
48 not in the police officer's presence, when the officer has reasonable
49 cause to believe that the violation was committed by such person.
50 (b) Field testing. Every person operating a motor vehicle which has
51 been involved in [an accident] a crash or which is operated in violation
52 of any of the provisions of this chapter shall, at the request of a
53 police officer, submit to a breath test to be administered by the police
54 officer. If such test indicates that such operator has consumed alcohol,
55 the police officer may request such operator to submit to a chemical
56 test in the manner set forth in subdivision two of this section.
S. 7271 34
1 § 84. Paragraph (f) of subdivision 5 of section 1197 of the vehicle
2 and traffic law, as added by chapter 47 of the laws of 1988, is amended
3 to read as follows:
4 (f) Obtain and assemble data on alcohol-related [accident] crash
5 arrests, convictions and [accidents] crashes and to analyze, study, and
6 consolidate such data for educational, research and informational
7 purposes.
8 § 85. Section 1229-a of the vehicle and traffic law, as added by chap-
9 ter 654 of the laws of 1969 and as renumbered by chapter 274 of the laws
10 of 1971, is amended to read as follows:
11 § 1229-a. Pedestrians, animals, and non-motorized vehicles prohibited
12 on state expressway highways or state interstate route highways includ-
13 ing the entrances thereto and exits therefrom. No person, unless other-
14 wise directed by a police officer shall: (a) As a pedestrian, occupy any
15 space within the limits of a state expressway highway or state inter-
16 state route highway, including the entrances thereto and exits there-
17 from, except: in a rest area, parking area, or scenic overlook; in the
18 performance of public works or official duties; as a result of an emer-
19 gency caused by [an accident] a crash or breakdown of a motor vehicle or
20 to obtain assistance; where a sidewalk, footpath or pedestrian crossing
21 of such a highway is provided; (b) Occupy any space of a state express-
22 way highway or state interstate route highway, including the entrances
23 thereto and exits therefrom, with: an animal-drawn vehicle; herded
24 animals, a pushcart; a bicycle; except in the performance of public
25 works or official duties, or on paths or parts of such highway provided
26 for such uses.
27 § 86. Paragraph (b) of subdivision 2 of section 1229-b of the vehicle
28 and traffic law, as added by chapter 19 of the laws of 2000, is amended
29 to read as follows:
30 (b) Notwithstanding any other provision of this section to the contra-
31 ry, standing passengers may be permitted without limitation as to number
32 during the first ten days of session in each school year, and in circum-
33 stances where a breakdown, [accident] crash, or other unforeseen occur-
34 rence necessitates the transportation of standing passengers.
35 § 87. Subdivision (a) of section 1602 of the vehicle and traffic law,
36 as amended by chapter 498 of the laws of 1969, is amended to read as
37 follows:
38 (a) Whenever a police officer shall deem it advisable during a fire or
39 at the time of any [accident] crash or special emergency and only for
40 such period of time as is necessitated thereby for the public safety or
41 convenience, temporarily to close any street or part thereof to vehicu-
42 lar traffic, or to vehicles of a certain description, or to divert the
43 traffic thereof, or to divert or break a course of pedestrian traffic,
44 such official shall have power and authority to do so.
45 § 88. Subdivision 19 of section 1630 of the vehicle and traffic law,
46 as amended by chapter 795 of the laws of 1974, is amended to read as
47 follows:
48 19. Vehicles illegally parked, stopped or standing, or vehicles
49 involved in [accidents] crashes, including, but not limited to, the
50 removal and storage of such vehicles, the fixing of reasonable charges,
51 to be paid by the owner, operator or person entitled to possession, for
52 such removal and storage and for other expenses incurred in connection
53 therewith, the creation of liens on such vehicles for such charges and
54 expenses, the enforcement of such liens, the determination of ownership
55 or right to possession of such vehicles, the time before such vehicles
56 are deemed abandoned vehicles pursuant to section twelve hundred twen-
S. 7271 35
1 ty-four of this chapter, and the disposition of the proceeds of sales
2 held pursuant to said section.
3 § 89. Paragraph 20 of subdivision (a) of section 1642 of the vehicle
4 and traffic law, as amended by chapter 795 of the laws of 1974, is
5 amended to read as follows:
6 20. Vehicles illegally parked, stopped or standing, or vehicles
7 involved in [accidents] crashes, including, but not limited to, the
8 removal and storage of such vehicles, the fixing of reasonable charges,
9 to be paid by the owner, operator or person entitled to possession, for
10 such removal and storage and for other expenses incurred in connection
11 therewith, the creation of liens on such vehicles for such charges and
12 expenses, the enforcement of such liens, the determination of ownership
13 or right to possession of such vehicles, the time before such vehicles
14 are deemed abandoned vehicles pursuant to section twelve hundred twen-
15 ty-four of this chapter, and the disposition of the proceeds of sales
16 held pursuant to said section.
17 § 90. Clause (iii) of subparagraph (b) of paragraph 27 of subdivision
18 (a) of section 1642 of the vehicle and traffic law, as amended by chap-
19 ter 248 of the laws of 2014, is amended to read as follows:
20 (iii) a comparison of the aggregate type, number, and severity of
21 [accidents] crashes reported on streets on which street calming measures
22 and lower speed limits were implemented in the year preceding the imple-
23 mentation of such measures and policies and the year following the
24 implementation of such measures and policies, to the extent this infor-
25 mation is maintained by any agency of the state or the city.
26 § 91. Section 1675 of the vehicle and traffic law, as amended by chap-
27 ter 669 of the laws of 1996, is amended to read as follows:
28 § 1675. Functions of the board. The board is authorized:
29 1. To promote and encourage street and highway traffic safety.
30 2. To formulate highway safety programs and coordinate efforts of
31 interested parties and agencies engaged in traffic safety education
32 within such city, town, borough or county.
33 3. To cooperate with local officials in the formulation and execution
34 of traffic safety programs and activities.
35 4. To study traffic conditions on streets and highways, study and
36 analyze reports of [accidents] crashes and causes thereof, and recommend
37 to the appropriate legislative bodies, departments or commissions, such
38 changes in rules, orders, regulations and existing law as the board may
39 deem advisable.
40 5. To conduct meetings whenever and wherever the board shall deem it
41 advisable and to invite to such meetings parties and agencies, public
42 and private, interested in traffic regulation, control and safety educa-
43 tion.
44 6. To promote safety education for drivers and pedestrians.
45 7. To obtain and assemble motor vehicle [accident] crash data, and to
46 analyze, study and consolidate such data for educational and informa-
47 tional purposes.
48 8. Coordinate and direct local activities related to the implementa-
49 tion of the state highway safety program, as approved by the governor or
50 his designee.
51 § 92. Subdivision 10 of section 2401 of the vehicle and traffic law,
52 as added by chapter 402 of the laws of 1986, is amended to read as
53 follows:
54 10. "Operation as emergency vehicle" shall mean the operation or park-
55 ing of an authorized emergency ATV, police or civil defense ATV, includ-
56 ing attendant equipment, displaying emergency lights as provided in
S. 7271 36
1 section twenty-four hundred six of this article and which ATV is engaged
2 in transporting a sick or injured person to the nearest medical facility
3 or appropriate site for transfer to an ambulance as defined in article
4 thirty of the public health law, transporting emergency medical
5 services, personnel and equipment to sick or injured persons, pursuing
6 an actual or suspected violator of the law or responding to, or working
7 or assisting at the scene of [an accident] a crash, disaster, police
8 call, alarm or other emergency but shall not include returning from such
9 service.
10 § 93. Section 2413 of the vehicle and traffic law, as added by chapter
11 402 of the laws of 1986, is amended to read as follows:
12 § 2413. [Accidents] Crashes; reports. 1. The operator of any ATV
13 involved in any [accident] crash resulting in injuries to or death of
14 any person or in which property damage in the estimated amount of six
15 hundred dollars or more is sustained, shall immediately notify the near-
16 est law enforcement agency and shall within ten days after such [acci-
17 dent] crash report the matter in writing to the department, with a copy
18 thereof to the sheriff or police commissioner of the county in which
19 said [accident] crash occurred. If such operator is physically incapable
20 of making such report and there is another participant in the [accident]
21 crash not so incapacitated such participant shall make the report within
22 the allotted time after such [accident] crash. In the event that there
23 is no other participant and the operator is other than the owner, then
24 the owner shall within the prescribed period of time, after learning of
25 the facts of such [accident] crash, report the matter to the department,
26 together with such information as may have come to his knowledge relat-
27 ing to such [accident] crash. Every such operator of an ATV, or partic-
28 ipant of any such [accident] crash, or the owner, of the ATV involved in
29 any such [accident] crash, shall make such other and additional reports
30 as the commissioner shall require.
31 2. Whenever any ATV meets with [an accident] a crash involving a loss
32 of life, personal injury or damage to property and the operator thereof
33 has knowledge of such [accident] crash, he shall stop and give his name
34 and address, the name and address of the owner thereof and the registra-
35 tion number assigned to said ATV to the injured person or the person
36 sustaining the damage, or to a peace or police officer. In the event the
37 person sustaining the damage is not present at the place where the
38 damage occurred, the operator shall, as soon as physically able, report
39 the same to the nearest law enforcement agency.
40 3. A peace, police, or judicial officer who investigates or receives
41 information of [an accident] a crash involving an ATV shall make a writ-
42 ten report of the investigation or information received, and such addi-
43 tional facts relating to the [accident] crash as may come to his know-
44 ledge and mail the same within forty-eight hours to the department and
45 keep a record thereof in his office.
46 4. Failure of any person to report [an accident] a crash as herein
47 provided or failure to give correctly the information required of him by
48 the commissioner in connection with such report shall be a misdemeanor
49 and shall constitute a ground for suspension or revocation of the ATV
50 safety certificate of any person or the certificate of registration of
51 any ATV involved in the [accident] crash. The commissioner may tempo-
52 rarily suspend the ATV safety certificate of the person failing to make
53 such report or the certificate of registration of the ATV involved in
54 the [accident] crash until such report has been filed.
55 § 94. Paragraph 1 of subdivision c of section 19-507.2 of the adminis-
56 trative code of the city of New York, as amended by local law number 30
S. 7271 37
1 of the city of New York for the year 2014, is amended to read as
2 follows:
3 (1) A taxicab or for-hire vehicle driver shall be eligible to receive
4 a three point reduction in the number of points assessed pursuant to the
5 critical driver program upon the submission to the commission of proof
6 of the satisfactory completion of a motor vehicle [accident] crash
7 prevention course approved by the department of motor vehicles. Such
8 point reduction shall be considered in computing the total number of
9 points accumulated by such driver as a result of violations which
10 occurred within fifteen months prior to the date of the completion of
11 the course. In the event that no commission approved course is avail-
12 able pursuant to paragraph one of subdivision a of section 19-507.1 of
13 this chapter, completion of a course taken pursuant to this paragraph
14 shall result in the removal of three points from either the number of
15 points accrued under the persistent violators program or from the number
16 of points accrued under the critical drivers program, but not from both,
17 upon the election of the driver who completes such course.
18 § 95. Section 3650-c of the education law, as added by section 71 of
19 part A of chapter 436 of the laws of 1997, is amended to read as
20 follows:
21 § 3650-c. [Accident] Crash report data base. The commissioner, in
22 consultation with the commissioner of motor vehicles, shall establish an
23 electronic data file containing [accident] crash reports relating to
24 school buses.
25 § 96. Clause (A) of subparagraph 61 of paragraph (g) of subdivision 5
26 of section 396-z of the general business law, as amended by chapter 109
27 of the laws of 2018, is amended to read as follows:
28 (A) a motor vehicle [accident] crash report pursuant to section six
29 hundred five of the vehicle and traffic law; or
30 § 97. Paragraph (a) of subdivision 6 of section 396-z of the general
31 business law, as amended by chapter 109 of the laws of 2018, is amended
32 to read as follows:
33 (a) A rental vehicle company may hold an authorized driver liable to
34 the extent permitted under this chapter for physical or mechanical
35 damage to the rental vehicle that occurs during the time the rental
36 vehicle is under the rental agreement; provided, however, that an
37 authorized driver shall not be liable for any normal wear and tear or
38 mechanical damage that could reasonably be expected from normal use of
39 the vehicle. For the purposes of this subdivision, the term "normal wear
40 and tear" shall mean the deterioration of the condition of the vehicle
41 or its component parts due to repetitive use and does not include damage
42 that materially diminishes the value of the vehicle and arises from a
43 specific occurrence or [accident] crash during the time the rental vehi-
44 cle is subject to the rental agreement; and the term "actual and reason-
45 able costs" shall mean the cost to repair the vehicle including all
46 discounts and price adjustments available to the rental vehicle company
47 and shall include costs for towing, storage, and impound fees where
48 applicable.
49 § 98. Paragraph 1 and subparagraph (A) of paragraph 2 of subsection
50 (f) of section 3420 of the insurance law, as amended by section 19 of
51 part III of chapter 59 of the laws of 2019, are amended to read as
52 follows:
53 (1) No policy insuring against loss resulting from liability imposed
54 by law for bodily injury or death suffered by any natural person arising
55 out of the ownership, maintenance and use of a motor vehicle or an
56 altered motor vehicle commonly referred to as a "stretch limousine"
S. 7271 38
1 having a seating capacity of eight or more passengers used in the busi-
2 ness of carrying or transporting passengers for hire, by the insured
3 shall be issued or delivered by any authorized insurer upon any motor
4 vehicle or an altered motor vehicle commonly referred to as a "stretch
5 limousine" having a seating capacity of eight or more passengers used in
6 the business of carrying or transporting passengers for hire, then prin-
7 cipally garaged or principally used in this state unless it contains a
8 provision whereby the insurer agrees that it will pay to the insured, as
9 defined in such provision, subject to the terms and conditions set forth
10 therein to be prescribed by the board of directors of the Motor Vehicle
11 [Accident] Crash Indemnification Corporation and approved by the super-
12 intendent, all sums, not exceeding a maximum amount or limit of twenty-
13 five thousand dollars exclusive of interest and costs, on account of
14 injury to and all sums, not exceeding a maximum amount or limit of fifty
15 thousand dollars exclusive of interest and costs, on account of death of
16 one person, in any one [accident] crash, and the maximum amount or
17 limit, subject to such limit for any one person so injured of fifty
18 thousand dollars or so killed of one hundred thousand dollars, exclusive
19 of interest and costs, on account of injury to, or death of, more than
20 one person in any one [accident] crash, which the insured or his legal
21 representative shall be entitled to recover as damages from an owner or
22 operator of an uninsured motor vehicle, unidentified motor vehicle which
23 leaves the scene of [an accident] a crash, a motor vehicle registered in
24 this state as to which at the time of the [accident] crash there was not
25 in effect a policy of liability insurance, a stolen vehicle, a motor
26 vehicle operated without permission of the owner, an insured motor vehi-
27 cle where the insurer disclaims liability or denies coverage or an
28 unregistered vehicle because of bodily injury, sickness or disease,
29 including death resulting therefrom, sustained by the insured, caused by
30 [accident] a crash occurring in this state and arising out of the owner-
31 ship, maintenance or use of such motor vehicle. No payment for non-eco-
32 nomic loss shall be made under such policy provision to a covered person
33 unless such person has incurred a serious injury, as such terms are
34 defined in section five thousand one hundred two of this chapter. Such
35 policy shall not duplicate any element of basic economic loss provided
36 for under article fifty-one of this chapter. No payments of first party
37 benefits for basic economic loss made pursuant to such article shall
38 diminish the obligations of the insurer under this policy provision for
39 the payment of non-economic loss and economic loss in excess of basic
40 economic loss. Notwithstanding any inconsistent provisions of section
41 three thousand four hundred twenty-five of this article, any such policy
42 which does not contain the aforesaid provisions shall be construed as if
43 such provisions were embodied therein.
44 (A) Any such policy shall, at the option of the insured, also provide
45 supplementary uninsured/underinsured motorists insurance for bodily
46 injury, in an amount up to the bodily injury liability insurance limits
47 of coverage provided under such policy, subject to a maximum of two
48 hundred fifty thousand dollars because of bodily injury to or death of
49 one person in any one [accident] crash and, subject to such limit for
50 one person, up to five hundred thousand dollars because of bodily injury
51 to or death of two or more persons in any one [accident] crash, or a
52 combined single limit policy of five hundred thousand dollars because of
53 bodily injury to or death of one or more persons in any one [accident]
54 crash; and any such policy insuring against loss resulting from liabil-
55 ity imposed by law for bodily injury or death suffered by any natural
56 person arising out of the ownership, maintenance, and use of an altered
S. 7271 39
1 motor vehicle commonly referred to as a "stretch limousine" having a
2 seating capacity of eight or more passengers used in the business of
3 carrying or transporting passengers for hire, shall provide supplementa-
4 ry uninsured/underinsured motorists insurance for bodily injury, in an
5 amount of a combined single limit of one million five hundred thousand
6 dollars because of bodily injury or death of one or more persons in any
7 one [accident] crash. Provided however, an insurer issuing any such
8 policy, except a policy insuring against loss resulting from liability
9 imposed by law for bodily injury or death suffered by any natural person
10 arising out of the ownership, maintenance, and use of an altered motor
11 vehicle commonly referred to as a "stretch limousine" having a seating
12 capacity of eight or more passengers used in the business of carrying or
13 transporting passengers for hire, in lieu of offering to the insured the
14 coverages stated above, may provide supplementary uninsured/underinsured
15 motorists insurance for bodily injury, in an amount up to the bodily
16 injury liability insurance limits of coverage provided under such poli-
17 cy, subject to a maximum of one hundred thousand dollars because of
18 bodily injury to or death of one person in any one [accident] crash and,
19 subject to such limit for one person, up to three hundred thousand
20 dollars because of bodily injury to or death of two or more persons in
21 any one [accident] crash, or a combined single limit policy of three
22 hundred thousand dollars because of bodily injury to or death of one or
23 more persons in any one [accident] crash, if such insurer also makes
24 available a personal umbrella policy with liability coverage limits up
25 to at least five hundred thousand dollars which also provides coverage
26 for supplementary uninsured/underinsured motorists claims. Supplementary
27 uninsured/underinsured motorists insurance shall provide coverage, in
28 any state or Canadian province, if the limits of liability under all
29 bodily injury liability bonds and insurance policies of another motor
30 vehicle liable for damages are in a lesser amount than the bodily injury
31 liability insurance limits of coverage provided by such policy. Upon
32 written request by any insured covered by supplemental
33 uninsured/underinsured motorists insurance or his duly authorized repre-
34 sentative and upon disclosure by the insured of the insured's bodily
35 injury and supplemental uninsured/underinsured motorists insurance
36 coverage limits, the insurer of any other owner or operator of another
37 motor vehicle against which a claim has been made for damages to the
38 insured shall disclose, within forty-five days of the request, the bodi-
39 ly injury liability insurance limits of its coverage provided under the
40 policy or all bodily injury liability bonds. The time of the insured to
41 make any supplementary uninsured/underinsured motorist claim, shall be
42 tolled during the period the insurer of any other owner or operator of
43 another motor vehicle that may be liable for damages to the insured,
44 fails to so disclose its coverage. As a condition precedent to the obli-
45 gation of the insurer to pay under the supplementary
46 uninsured/underinsured motorists insurance coverage, the limits of
47 liability of all bodily injury liability bonds or insurance policies
48 applicable at the time of the [accident] crash shall be exhausted by
49 payment of judgments or settlements.
50 § 99. Paragraphs 1, 2 and 3 of subsection (a) of section 5102 of the
51 insurance law, paragraph 1 as amended by chapter 298 of the laws of 2006
52 and paragraph 2 as amended by chapter 320 of the laws of 1991, are
53 amended to read as follows:
54 (1) All necessary expenses incurred for: (i) medical, hospital
55 (including services rendered in compliance with article forty-one of the
56 public health law, whether or not such services are rendered directly by
S. 7271 40
1 a hospital), surgical, nursing, dental, ambulance, x-ray, prescription
2 drug and prosthetic services; (ii) psychiatric, physical therapy
3 (provided that treatment is rendered pursuant to a referral) and occupa-
4 tional therapy and rehabilitation; (iii) any non-medical remedial care
5 and treatment rendered in accordance with a religious method of healing
6 recognized by the laws of this state; and (iv) any other professional
7 health services; all without limitation as to time, provided that within
8 one year after the date of the [accident] crash causing the injury it is
9 ascertainable that further expenses may be incurred as a result of the
10 injury. For the purpose of determining basic economic loss, the expenses
11 incurred under this paragraph shall be in accordance with the limita-
12 tions of section five thousand one hundred eight of this article.
13 (2) Loss of earnings from work which the person would have performed
14 had he not been injured, and reasonable and necessary expenses incurred
15 by such person in obtaining services in lieu of those that he would have
16 performed for income, up to two thousand dollars per month for not more
17 than three years from the date of the [accident] crash causing the inju-
18 ry. An employee who is entitled to receive monetary payments, pursuant
19 to statute or contract with the employer, or who receives voluntary
20 monetary benefits paid for by the employer, by reason of the employee's
21 inability to work because of personal injury arising out of the use or
22 operation of a motor vehicle, is not entitled to receive first party
23 benefits for "loss of earnings from work" to the extent that such mone-
24 tary payments or benefits from the employer do not result in the employ-
25 ee suffering a reduction in income or a reduction in the employee's
26 level of future benefits arising from a subsequent illness or injury.
27 (3) All other reasonable and necessary expenses incurred, up to twen-
28 ty-five dollars per day for not more than one year from the date of the
29 [accident] crash causing the injury.
30 § 100. Paragraph 1 of subsection (d) of section 5106 of the insurance
31 law, as amended by section 8 of part AAA of chapter 59 of the laws of
32 2017, is amended to read as follows:
33 (1) Except as provided in paragraph two of this subsection, where
34 there is reasonable belief more than one insurer would be the source of
35 first party benefits, the insurers may agree among themselves, if there
36 is a valid basis therefor, that one of them will accept and pay the
37 claim initially. If there is no such agreement, then the first insurer
38 to whom notice of claim is given shall be responsible for payment. Any
39 such dispute shall be resolved in accordance with the arbitration proce-
40 dures established pursuant to section five thousand one hundred five of
41 this article and regulations as promulgated by the superintendent, and
42 any insurer paying first-party benefits shall be reimbursed by other
43 insurers for their proportionate share of the costs of the claim and the
44 allocated expenses of processing the claim, in accordance with the
45 provisions entitled "other coverage" contained in regulation and the
46 provisions entitled "other sources of first-party benefits" contained in
47 regulation. If there is no such insurer and the motor vehicle [accident]
48 crash occurs in this state, then an applicant who is a qualified person
49 as defined in article fifty-two of this chapter shall institute the
50 claim against the motor vehicle [accident] crash indemnification corpo-
51 ration.
52 § 101. The article heading of article 52 of the insurance law is
53 amended to read as follows:
54 MOTOR VEHICLE [ACCIDENT] CRASH INDEMNIFICATION
55 CORPORATION
S. 7271 41
1 § 102. Subsections (f) and (j) of section 5202 of the insurance law
2 are amended to read as follows:
3 (f) "Corporation" means the "motor vehicle [accident] crash indemnifi-
4 cation corporation".
5 (j) "Financially irresponsible motorist" means the owner, operator, or
6 other person legally responsible for the operation of an uninsured motor
7 vehicle involved in [an accident] a crash resulting in personal injury
8 or death who did not have in effect at the time of such [accident] crash
9 either:
10 (1) a valid and collectible policy of bodily injury liability and
11 property damage liability insurance or bond with applicable limits at
12 least equal to those specified in section three hundred eleven of the
13 vehicle and traffic law; or
14 (2) a certificate of self insurance issued by the department of motor
15 vehicles pursuant to section three hundred sixteen of the vehicle and
16 traffic law; or
17 (3) who has not otherwise complied with the provisions of section
18 three hundred twelve of the vehicle and traffic law; or
19 (4) who does not have in effect at the time of such [accident] crash a
20 valid and collectible policy of bodily injury liability and property
21 damage liability insurance with applicable limits at least equal to
22 those specified in section 25.13 of the parks, recreation and historic
23 preservation law.
24 § 103. Subsection (f) of section 7602 of the insurance law is amended
25 to read as follows:
26 (f) "Motor vehicle [accident] crash" means either [an accident] a
27 crash occurring within or without this state arising out of the owner-
28 ship, operation or maintenance of a motor vehicle which is principally
29 garaged in this state or [an accident] a crash occurring within this
30 state arising out of the ownership, operation or maintenance of a motor
31 vehicle which is not principally garaged in this state.
32 § 104. Section 301-c of the military law, as added by chapter 489 of
33 the laws of 2011, is amended to read as follows:
34 § 301-c. [Accident] Crash prevention course information. The division
35 of military and naval affairs shall provide returning servicemen and
36 women who have returned from a combat theater or combat zone of oper-
37 ations with information about [accident] crash prevention courses
38 approved by the commissioner of motor vehicles pursuant to article
39 twelve-B of the vehicle and traffic law. This information may be
40 provided in written form to be available at Yellow Ribbon Reintegration
41 programs or any other reintegration programs offered by the division or
42 may be made available online on the division's website. The division
43 shall also provide a link to the department of motor vehicles website
44 pages containing information about the [accident] crash prevention
45 courses.
46 § 105. Paragraph (e-1) of subdivision 2 of section 65.10 of the penal
47 law, as added by chapter 571 of the laws of 2006, is amended to read as
48 follows:
49 (e-1) Participate in a motor vehicle [accident] crash prevention
50 course. The court may require such condition where a person has been
51 convicted of a traffic infraction for a violation of article twenty-six
52 of the vehicle and traffic law where the commission of such violation
53 caused the serious physical injury or death of another person. For
54 purposes of this paragraph, the term "motor vehicle [accident] crash
55 prevention course" shall mean a motor vehicle [accident] crash
S. 7271 42
1 prevention course approved by the department of motor vehicles pursuant
2 to article twelve-B of the vehicle and traffic law;
3 § 106. Section 387 of the public authorities law, as added by chapter
4 700 of the laws of 2004, is amended to read as follows:
5 § 387. Fees for searches and copies of [accident] crash and [accident]
6 crash reconstruction reports. Notwithstanding any other law to the
7 contrary, the fees for searching the records of the authority for [an
8 accident] a crash report, for furnishing a copy of [an accident] a crash
9 report, and for furnishing a copy of [an accident] a crash recon-
10 struction report shall not exceed the fees charged by the division of
11 state police pursuant to section sixty-six-a of the public officers law
12 and/or by the department of motor vehicles pursuant to section two
13 hundred two of the vehicle and traffic law, provided, however, that no
14 fee shall be charged to any public officer, board or body, or volunteer
15 fire company, for searches or copies of [accident] crash reports to be
16 used for a public purpose.
17 § 107. Section 66-a of the public officers law, as amended by chapter
18 169 of the laws of 1994 and subdivision 3 as added by chapter 179 of the
19 laws of 2000, is amended to read as follows:
20 § 66-a. [Accident] Crash reports kept by police authorities to be open
21 to the inspection of persons interested. 1. Notwithstanding any incon-
22 sistent provisions of law, general, special or local, or any limitation
23 contained in the provision of any city charter, all reports and records
24 of any [accident] crash, kept or maintained by the state police or by
25 the police department or force of any county, city, town, village or
26 other district of the state, shall be open to the inspection of any
27 person having an interest therein, or of such person's attorney or
28 agent, even though the state or a municipal corporation or other subdi-
29 vision thereof may have been involved in the [accident] crash; except
30 that the authorities having custody of such reports or records may
31 prescribe reasonable rules and regulations in regard to the time and
32 manner of such inspection, and may withhold from inspection any reports
33 or records the disclosure of which would interfere with the investi-
34 gation or prosecution by such authorities of a crime involved in or
35 connected with the [accident] crash.
36 2. Notwithstanding the provisions of section twenty-three hundred
37 seven of the civil practice law and rules, the public officers law, or
38 any other law to the contrary, the division of state police shall charge
39 fees for the search and copy of [accident] crash reports and photo-
40 graphs. A search fee of fifteen dollars per [accident] crash report
41 shall be charged, with no additional fee for a photocopy. An additional
42 fee of fifteen dollars shall be charged for a certified copy of any
43 [accident] crash report. A fee of twenty-five dollars per photograph or
44 contact sheet shall be charged. The fees for investigative reports
45 shall be the same as those for [accident] crash reports.
46 3. Notwithstanding the provisions of section twenty-three hundred
47 seven of the civil practice law and rules, this chapter, or any other
48 law to the contrary, the county of Nassau, upon adoption of a local law,
49 is hereby authorized to require the police department of the county of
50 Nassau to charge fees for the search and copy of [accident] crash
51 reports and photographs. A search fee of ten dollars per [accident]
52 crash report shall be charged, with no additional fee for a photocopy.
53 An additional fee of ten dollars shall be charged for a certified copy
54 of any [accident] crash report. A fee of fifteen dollars per photograph
55 or contact sheet shall be charged. The fees for investigative reports
56 shall be the same as those for [accident] crash reports.
S. 7271 43
1 § 108. Section 89-g of the state finance law, as added by chapter 751
2 of the laws of 2005, subdivisions 2 and 3 as renumbered by section 2 of
3 part D of chapter 58 of the laws of 2016, is amended to read as follows:
4 § 89-g. [Accident] Crash prevention course internet, and other tech-
5 nology pilot program fund. 1. There is hereby established in the joint
6 custody of the state comptroller and the commissioner of taxation and
7 finance a special fund to be known as the "[accident] crash prevention
8 course internet, and other technology pilot program fund".
9 2. The moneys in the [accident] crash prevention course internet, and
10 other technology pilot program fund shall be kept separate and shall not
11 be commingled with any other moneys in the custody of the commissioner
12 of taxation and finance and the state comptroller.
13 3. The moneys in such fund shall be expended only for the purposes of
14 administering and implementing the provisions of article twelve-C of the
15 vehicle and traffic law by the department of motor vehicles.
16 § 109. Section 217 of the transportation law, as added by chapter 428
17 of the laws of 1983, subdivision 5 as amended, subdivision 7 as added
18 and subdivision 8 as renumbered by chapter 84 of the laws of 1985 and
19 subdivision 9 as added by section 1 of part C of chapter 58 of the laws
20 of 2018, is amended to read as follows:
21 § 217. Powers and duties of the board. The board shall have the
22 following powers and duties:
23 1. To investigate [accidents] crashes occurring on or involving public
24 transportation facilities or systems whether publicly or privately owned
25 and report on the results of such investigations;
26 2. To establish within the board [an accident] a crash reporting
27 procedure and file for the purpose of accurate analysis of public trans-
28 portation safety and to prepare an annual [accident] crash report for
29 the governor and the legislature;
30 3. To review, in connection with the investigation of [accidents]
31 crashes, the safety, maintenance and training programs of public trans-
32 portation facilities or systems whether publicly or privately owned and
33 recommend the establishment of equipment and safety standards in
34 connection therewith;
35 4. To adopt, promulgate, amend and rescind suitable rules and regu-
36 lations to carry out the provisions and purposes of this article or to
37 enforce any standards established hereunder;
38 5. To hold hearings, issue reports, administer oaths or affirmations,
39 examine any person under oath or affirmation and to issue subpoenas
40 requiring the attendance and giving of testimony of witnesses and
41 require the production of any books, papers, documentary or other
42 evidence. The powers provided in this subdivision may be delegated by
43 the board to any member of the board or department employee assigned to
44 the board. A subpoena issued under this subdivision shall be regulated
45 by the civil practice law and rules;
46 6. To take or cause to be taken affidavits or depositions within or
47 without the state;
48 7. To enter upon any property where a public transportation [accident]
49 crash has occurred, or where a vehicle, appurtenance or other item
50 involved in any such [accident] crash is located, to fulfill the
51 requirements of article nine-b of this chapter.
52 8. To render each year to the governor and to the legislature a writ-
53 ten report of its activities.
54 9. To enforce the requirements of section five thousand three hundred
55 twenty-nine of title forty-nine of the United States Code, as amended
S. 7271 44
1 from time to time, as it pertains to oversight of rail fixed guideway
2 public transportation systems.
3 § 110. Wherever the term "accident" appears in the vehicle and traffic
4 law, such term is hereby changed to "crash".
5 § 111. This act shall take effect immediately; provided, however,
6 that:
7 a. the amendments to article 12-C of the vehicle and traffic law, made
8 by sections forty-two through forty-seven of this act shall not affect
9 the repeal of such article and shall be deemed repealed therewith;
10 b. the amendments to paragraphs 2 and 3 of subdivision (m) of section
11 1111-a of the vehicle and traffic law made by section seventy-one of
12 this act shall not affect the repeal of such section and shall be deemed
13 repealed therewith;
14 c. the amendments to paragraphs 2 and 3 of subdivision (n) of section
15 1111-b of the vehicle and traffic law made by section seventy-two of
16 this act shall not affect the repeal of such section and shall be deemed
17 repealed therewith;
18 d. the amendments to paragraphs 2 and 3 of subdivision (m) of section
19 1111-b of the vehicle and traffic law made by section seventy-three of
20 this act shall not affect the repeal of such section and shall be deemed
21 repealed therewith;
22 e. the amendments to paragraphs 2 and 3 of subdivision (n) of section
23 1111-b of the vehicle and traffic law made by section seventy-four of
24 this act shall not affect the repeal of such section and shall be deemed
25 repealed therewith;
26 f. the amendments to paragraphs 2 and 3 of subdivision (m) of section
27 1111-d of the vehicle and traffic law made by section seventy-five of
28 this act shall not affect the repeal of such section and shall be deemed
29 repealed therewith;
30 g. 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-six of
32 this act shall not affect the repeal of such section and shall be deemed
33 repealed therewith;
34 h. 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-seven of
36 this act shall not affect the repeal of such section and shall be deemed
37 repealed therewith;
38 i. the amendments to paragraphs 2 and 3 of subdivision (m) of section
39 1111-e of the vehicle and traffic law made by section seventy-eight of
40 this act shall not affect the repeal of such section and shall be deemed
41 repealed therewith;
42 j. 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 sections ninety-six and ninety-seven of this act shall be subject to the
45 expiration and reversion of such section pursuant to subdivision (a) of
46 section 4 of chapter 109 of the laws of 2018, as amended;
47 k. the amendments to subdivision 3 of section 66-a of the public offi-
48 cers law made by section one hundred seven of this act shall not affect
49 the repeal of such subdivision and shall be deemed repealed therewith;
50 and
51 l. the amendments to section 89-g of the state finance law made by
52 section one hundred eight of this act shall not affect the repeal of
53 such section and shall be deemed repealed therewith.
