STATE OF NEW YORK ________________________________________________________________________ 7096 2017-2018 Regular Sessions IN ASSEMBLY April 4, 2017 ___________ Introduced by M. of A. FAHY, SKOUFIS, SIMOTAS, GALEF, HARRIS, McDONOUGH -- Multi-Sponsored by -- M. of A. OTIS -- read once and referred 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03662-01-7
A. 7096 2 1 a person, firm, corporation, or other entity pursuant to a contract or 2 other agreement with a political subdivision. 3 § 3. Section 114-b of the vehicle and traffic law, as amended by chap- 4 ter 460 of the laws of 1996, is amended to read as follows: 5 § 114-b. Emergency operation. The operation, or parking, of an author- 6 ized emergency vehicle, when such vehicle is engaged in transporting a 7 sick or injured person, transporting prisoners, delivering blood or 8 blood products in a situation involving an imminent health risk, pursu- 9 ing an actual or suspected violator of the law, or responding to, or 10 working or assisting at the scene of [an accident] a crash, disaster, 11 police call, alarm of fire, actual or potential release of hazardous 12 materials or other emergency. Emergency operation shall not include 13 returning from such service. 14 § 4. Section 148-b of the vehicle and traffic law, as added by chapter 15 552 of the laws of 1994, is amended to read as follows: 16 § 148-b. Tow truck. A motor vehicle that tows or carries a disabled, 17 illegally parked or abandoned motor vehicle or a motor vehicle involved 18 in [an accident] a crash. 19 § 5. Subparagraph (i) of paragraph (i) of subdivision 1 of section 201 20 of the vehicle and traffic law, as amended by section 2 of part E of 21 chapter 60 of the laws of 2005, is amended to read as follows: 22 (i) any [accident] crash reports filed with the commissioner, 23 conviction certificates, police reports, complaints, satisfied judgment 24 records, closed suspension and revocation orders, hearing records, other 25 than audio tape recordings of hearings, significant correspondence 26 relating to any of the same, and any other record on file after remain- 27 ing on file for four years except that if the commissioner shall 28 receive, during the last year of such period of four years, written 29 notice to retain one or more of such papers or documents, the same shall 30 be retained for another four years in addition to said period of four 31 years. The provisions of this paragraph shall not apply to certificates 32 of conviction filed with respect to convictions which affect sentencing 33 or administrative action required by law beyond such four year period. 34 Such certificates may be destroyed after they have no legal effect on 35 sentencing or administrative action; 36 § 6. Subdivision 6 of section 201 of the vehicle and traffic law, as 37 amended by chapter 432 of the laws of 1997, is amended to read as 38 follows: 39 6. Whenever any document referred to in subdivision one of this 40 section is filed with this department when it is not required to be 41 filed and is used by this department for no other purposes, other than 42 for statistics or research, the document shall not be a public record. 43 Provided, however, that [an accident] a crash report filed with this 44 department when it is not required to be filed shall not be a public 45 record except as follows: for use by the state or any political subdi- 46 vision thereof for no other purposes other than for statistics or 47 research relating to highway safety; for any lawful purpose by a person 48 to whom such report pertains or named in such report, or his or her 49 authorized representative; and, for use by any other person, or his or 50 her authorized representative, who has demonstrated to the satisfaction 51 of the commissioner that such person is or may be a party to a civil 52 action arising out of the conduct described in such [accident] crash 53 report. 54 § 7. Subdivision 3 of section 202 of the vehicle and traffic law, as 55 amended by chapter 169 of the laws of 1994, is amended to read as 56 follows:
A. 7096 3 1 3. Fees for copies of documents. The fees for copies of documents, 2 other than [accident] crash reports, shall be one dollar per page. A 3 page shall consist of either a single or double side of any document. 4 The fee for a copy of [an accident] a crash report shall be fifteen 5 dollars. All copies of documents shall be certified at no additional 6 fee. Whenever search of records of the department is required in 7 conjunction with a request for a copy of a document, the fee for such 8 search shall be the fee provided in paragraph (a) of subdivision two of 9 this section. The result of such search will be the locating of the 10 document to be copied, or if no document can be located, a certification 11 to that effect will be the result of the search. 12 § 8. Subdivision 1 of section 220 of the vehicle and traffic law, as 13 added by chapter 574 of the laws of 1969, is amended to read as follows: 14 (1) Notwithstanding any other provision of this chapter or other law, 15 whether general, special or local, the commissioner may permit the 16 installation and use of any item of equipment which he, in his 17 discretion, determines will either reduce [accidents] crashes, injuries 18 and fatalities, or otherwise contribute to highway safety. 19 § 9. Paragraph a of subdivision 4 of section 250 of the vehicle and 20 traffic law, as amended by chapter 305 of the laws of 1995, is amended 21 to read as follows: 22 a. The provisions of this chapter relative to the registration of 23 motor vehicles, motorcycles and trailers and the display of registration 24 numbers shall not apply to a motor vehicle, motorcycle or trailer owned 25 by a non-resident of the state who is a seasonal farm laborer, for a 26 period extending from the first day of April to and including the thir- 27 tieth day of November in each year, provided that the owner thereof 28 shall have complied with the provisions of the law of the foreign coun- 29 try, state, territory or federal district of his residence relative to 30 registration of such motor vehicle, motorcycle or trailer, as the case 31 may be, and the display of registration numbers thereof, and provided 32 further that the owner thereof shall furnish proof to the commissioner 33 that such owner has in effect with respect to such motor vehicle an 34 automobile liability policy issued by an insurance company authorized to 35 do business in this state or by an unauthorized insurer authorized to 36 transact business in the jurisdiction of his residence in at least the 37 amount of twenty-five thousand dollars because of bodily injury to or 38 fifty thousand dollars because of death of one person in any one [acci- 39 dent] crash and, subject to said limit for one person, in at least the 40 amount of fifty thousand dollars because of bodily injury to or one 41 hundred thousand dollars because of death of two or more persons in any 42 [accident] crash, and in at least the amount of ten thousand dollars 43 because of injury to or destruction of property of others in any one 44 [accident] crash. 45 § 10. Subdivision 1 of section 253 of the vehicle and traffic law, as 46 amended by chapter 216 of the laws of 1992, is amended to read as 47 follows: 48 1. The use or operation by a non-resident of a vehicle in this state, 49 or the use or operation in this state of a vehicle in the business of a 50 non-resident, or the use or operation in this state of a vehicle owned 51 by a non-resident if so used or operated with his permission, express or 52 implied, shall be deemed equivalent to an appointment by such non-resi- 53 dent of the secretary of state to be his true and lawful attorney upon 54 whom may be served the summons in any action against him, growing out of 55 any [accident] crash or collision in which such non-resident may be 56 involved while using or operating such vehicle in this state or in which
A. 7096 4 1 such vehicle may be involved while being used or operated in this state 2 in the business of such non-resident or with the permission, express or 3 implied, of such non-resident owner; and such use or operation shall be 4 deemed a signification of his agreement that any such summons against 5 him which is so served shall be of the same legal force and validity as 6 if served on him personally within the state and within the territorial 7 jurisdiction of the court from which the summons issues, and that such 8 appointment of the secretary of state shall be irrevocable and binding 9 upon his executor or administrator. Where such non-resident has died 10 prior to the commencement of an action brought pursuant to this section, 11 service of process shall be made on the executor or administrator of 12 such non-resident in the same manner and on the same notice as is 13 provided in the case of the non-resident himself. Where an action has 14 been duly commenced under the provisions of this section against a non- 15 resident who dies thereafter, the court must allow the action to be 16 continued against his executor or administrator upon motion with such 17 notice as the court deems proper. 18 § 11. Section 254 of the vehicle and traffic law, as amended by chap- 19 ter 418 of the laws of 1964, is amended to read as follows: 20 § 254. Service of summons on residents who depart from state and on 21 residents' executors or administrators who are nonresidents or who 22 depart from state. The provisions of section two hundred fifty-three of 23 this chapter shall also apply (a) to a resident who departs from the 24 state subsequent to the [accident] crash or collision and remains absent 25 therefrom for thirty days continuously, whether such absence is intended 26 to be temporary or permanent, and to any executor or administrator of 27 such resident, and (b) to an executor or administrator of a resident if 28 such executor or administrator is a nonresident or if, being a resident, 29 he departs from the state and remains absent therefrom for thirty days 30 continuously, whether such absence is intended to be temporary or perma- 31 nent. 32 § 12. Section 301-a of the vehicle and traffic law, as added by chap- 33 ter 634 of the laws of 1973, and subdivision 1 as amended by chapter 608 34 of the laws of 1993, is amended to read as follows: 35 § 301-a. Re-inspection of motor vehicles involved in certain [acci- 36 dents] crashes. 1. The commissioner may require that a motor vehicle 37 registered in this state or elsewhere which is required to be inspected, 38 be re-inspected after it is involved in a property damage [accident] 39 crash which is required to be reported to the motor vehicle department. 40 Such re-inspection shall be made within sixty days of the date of the 41 [accident] crash if the motor vehicle is driven away from the [accident] 42 crash site. Such re-inspection shall be made before the vehicle is oper- 43 ated on the public highways if the motor vehicle is towed or transported 44 from the [accident] crash site, except that a motor vehicle may be driv- 45 en from a repair shop to an inspection station for the purpose of being 46 re-inspected. 47 2. The owner of a car so damaged shall be required to submit to the 48 department within the same time limit as provided in subdivision one of 49 this section satisfactory proof of re-inspection pursuant to rules and 50 regulations to be promulgated by the commissioner. 51 3. Failure to submit such proof of re-inspection as herein provided 52 shall constitute ground for suspension or revocation of his privileges 53 of operating a motor vehicle in this state and of the operation within 54 this state of any motor vehicle owned by him. 55 § 13. Subdivision 2 of section 310 of the vehicle and traffic law is 56 amended to read as follows:
A. 7096 5 1 (2) Declaration of purpose. The legislature is concerned over the 2 rising toll of motor vehicle [accidents] crashes and the suffering and 3 loss thereby inflicted. The legislature determines that it is a matter 4 of grave concern that motorists shall be financially able to respond in 5 damages for their negligent acts, so that innocent victims of motor 6 vehicle [accidents] crashes may be recompensed for the injury and finan- 7 cial loss inflicted upon them. The legislature finds and declares that 8 the public interest can best be served in satisfying the insurance 9 requirements of this article by private enterprise operating in a 10 competitive market to provide proof of financial security through the 11 methods prescribed herein. 12 § 14. Paragraph (a) of subdivision 4 of section 311 of the vehicle and 13 traffic law, as amended by chapter 305 of the laws of 1995, is amended 14 to read as follows: 15 (a) Affording coverage as defined in the minimum provisions prescribed 16 in a regulation which shall be promulgated by the superintendent at 17 least ninety days prior to effective date of this act. The superinten- 18 dent before promulgating such regulations or any amendment thereof, 19 shall consult with all insurers licensed to write automobile liability 20 insurance in this state and shall not prescribe minimum provisions which 21 fail to reflect the provisions of automobile liability insurance poli- 22 cies, other than motor vehicle liability policies as defined in section 23 three hundred forty-five of this chapter, issued within this state at 24 the date of such regulation or amendment thereof. Nothing contained in 25 such regulation or in this article shall prohibit any insurer from 26 affording coverage under an owner's policy of liability insurance more 27 liberal than that required by said minimum provisions. Every such 28 owner's policy of liability insurance shall provide insurance subject to 29 said regulation against loss from the liability imposed by law for 30 damages, including damages for care and loss of services, because of 31 bodily injury to or death of any person and injury to or destruction of 32 property arising out of the ownership, maintenance, use, or operation of 33 a specific motor vehicle or motor vehicles within the state of New York, 34 or elsewhere in the United States in North America or the Dominion of 35 Canada, subject to a limit, exclusive of interest and costs, with 36 respect to each such motor vehicle except a tow truck, of twenty-five 37 thousand dollars because of bodily injuries to and fifty thousand 38 dollars because of death of one person in any one [accident] crash and, 39 subject to said limit for one person, to a limit of fifty thousand 40 dollars because of bodily injury to and one hundred thousand dollars 41 because of death of two or more persons in any one [accident] crash, and 42 to a limit of ten thousand dollars because of injury to or destruction 43 of property of others in any one [accident] crash provided, however, 44 that such policy need not be for a period coterminous with the registra- 45 tion period of the vehicle insured. The limit, exclusive of interest and 46 costs, with respect to a tow truck shall be a combined single limit of 47 at least three hundred thousand dollars because of bodily injury or 48 death to one or more persons or because of injury or destruction of 49 property of others in any one [accident] crash, and to a limit of twen- 50 ty-five thousand dollars because of damage to a vehicle in the care, 51 custody and control of the insured. Any insurer authorized to issue an 52 owner's policy of liability insurance as provided for in this article 53 may, pending the issue of such a policy, make an agreement, to be known 54 as a binder, or may, in lieu of such a policy, issue a renewal endorse- 55 ment or evidence of renewal of an existing policy; each of which shall 56 be construed to provide indemnity or protection in like manner and to
A. 7096 6 1 the same extent as such a policy. The provisions of this article shall 2 apply to such binders, renewal endorsements or evidences of renewal. 3 Every such policy issued insuring private passenger vehicles and every 4 renewal policy, renewal endorsement, or other evidence of renewal issued 5 shall have attached thereto a rating information form which clearly 6 specifies and defines the rating classification assigned thereto, 7 including any applicable merit rating plan; and 8 § 15. Subdivision 1 of section 315 of the vehicle and traffic law is 9 amended to read as follows: 10 1. The commissioner, upon the surrender of the registration and number 11 plates for a motor vehicle for which a financial security bond or depos- 12 it was accepted by the commissioner, shall permit the cancellation of 13 any such bond or shall direct that any such deposit be returned by the 14 commissioner of taxation and finance. The commissioner shall not release 15 such bond or deposit in the event any action for damages upon a liabil- 16 ity referred to in this article is then pending or any judgment upon any 17 such liability then outstanding and unsatisfied, or in the event the 18 commissioner has received notice that such person has within the period 19 of three months immediately preceding been involved as a driver in any 20 motor vehicle [accident] crash. An affidavit of the applicant of non- 21 existence of such facts shall be sufficient evidence thereof in the 22 absence of evidence to the contrary in the records of the bureau. 23 § 16. Section 316 of the vehicle and traffic law, the third undesig- 24 nated paragraph as amended by chapter 511 of the laws of 1999, and the 25 fourth undesignated paragraph as added by chapter 316 of the laws of 26 1972, is amended to read as follows: 27 § 316. Self-insurers. The commissioner, in his discretion, may upon 28 the application of a person having registered in his name in this state 29 more than twenty-five motor vehicles, issue a certificate of self-insu- 30 rance when he is reasonably satisfied that such person is possessed and 31 will continue to be possessed of financial ability to respond to judg- 32 ments obtained against such person, arising out of the ownership, main- 33 tenance, use or operation of any such person's motor vehicles. Upon due 34 notice and hearing, the commissioner may, in his discretion and upon 35 reasonable grounds, cancel a certificate of self-insurance. 36 As a condition to the issuance of a certificate of self-insurance, the 37 registrant shall pay annually in addition to any other fee prescribed by 38 this chapter, a fee of one dollar and fifty cents for each motor vehicle 39 registered in his name and the aggregate amount of such fees shall be 40 applied in reduction of the assessment levied pursuant to section three 41 hundred seventeen of this article. 42 As a further condition to the issuance of a certificate of self-insu- 43 rance, the registrant shall pay annually in addition to any other fee 44 prescribed by this chapter, an amount per vehicle to be determined by 45 the Motor Vehicle [Accident] Crash Indemnification Corporation pursuant 46 to section five thousand two hundred seven of the insurance law for each 47 motor vehicle registered in his name and the aggregate amount of such 48 fees shall be transmitted by the commissioner to the Motor Vehicle 49 [Accident] Crash Indemnification Corporation continued pursuant to 50 section five thousand two hundred three of the insurance law to be 51 applied in reduction of assessments levied by said corporation pursuant 52 to section five thousand two hundred seven of the insurance law. 53 Notwithstanding the provisions of any other section, for the purposes 54 of this section, the term "motor vehicle" shall include "snowmobiles" as 55 defined by subdivision [six of § 8-0105 of the conservation law] one of 56 section twenty-two hundred twenty-one of this chapter.
A. 7096 7 1 § 17. Subdivision 9 of section 318 of the vehicle and traffic law, as 2 amended by chapter 1025 of the laws of 1971, is amended to read as 3 follows: 4 9. (a) If a motor vehicle has been involved in [an accident] a crash, 5 and its registration or the driver's license of its operator, or both, 6 have been revoked pursuant to this section, then neither such vehicle 7 nor any other motor vehicle shall be registered or reregistered in the 8 name of its owner or of any other person legally responsible for its 9 use, nor shall any driver's license be issued to such owner, person or 10 operator until one year has passed since the date of such revocation 11 and, as the case may be, the commissioner has received the payments and 12 evidence required by paragraph (c) [below] of this subdivision. 13 (b) If a motor vehicle not registered in this state is involved in [an 14 accident] a crash in this state and the privilege of its operation with- 15 in this state has been revoked, then neither its owner, any person 16 legally responsible for its use nor its operator shall exercise the 17 privilege of the operation of such vehicle within this state or the 18 privilege of operation within this state of any motor vehicle, until one 19 year has passed since the date of revocation and, as the case may be, 20 the commissioner has received the payments and evidence as required in 21 paragraph (c) [below] of this subdivision. 22 (c) The payments and evidence referred to in paragraphs (a) and (b) 23 [above] of this subdivision shall be evidence, satisfactory to the 24 commissioner, 25 (1) That no cause of action based upon such [accident] crash against 26 such owner, person legally responsible or operator has been commenced 27 within a period of one year from the date of the [accident] crash or a 28 release thereof has been given to such owner, person or operator, or 29 (2) That no judgment arising out of such cause of action for amounts 30 within the limits stated in paragraph (a) of subdivision four of section 31 three hundred eleven of this article against such owner, person or oper- 32 ator remains unsatisfied, except that such registration and licensing 33 privileges may be restored on compliance with the procedures permitting 34 the payment of a judgment in installments provided in section three 35 hundred thirty-four of this title, and 36 (3) That all civil penalties required to be paid to the department 37 pursuant to the provisions of subdivision five of section three hundred 38 nineteen of this [chapter] article have been paid. 39 § 18. Paragraph (a) of subdivision 11 of section 318 of the vehicle 40 and traffic law, as amended by chapter 735 of the laws of 1970, is 41 amended to read as follows: 42 (a) Where the license or privileges of any person, or the registration 43 of a motor vehicle registered in his name, has been suspended or revoked 44 under this article [six of this chapter], and the motor vehicle [acci- 45 dent] crash indemnification corporation or an insurer has paid any 46 amount towards satisfaction of a judgment against such person, or has 47 obtained a judgment against such person as a result of payments made to 48 third parties such license, privileges or registration shall be 49 suspended, or the suspension or revocation thereof shall be continued, 50 as provided in this subdivision. 51 § 19. Paragraphs (a) and (c) of subdivision 12 of section 318 of the 52 vehicle and traffic law, paragraph (a) as amended by chapter 843 of the 53 laws of 1980, and paragraph (c) as amended by chapter 805 of the laws of 54 1984, are amended to read as follows: 55 (a) If the owner or operator of a motor vehicle in any manner involved 56 in [an accident] a crash occurring in this state resulting in death or
A. 7096 8 1 bodily injuries to any person fails to produce satisfactory evidence as 2 proof of financial security within forty-eight hours after the [acci- 3 dent] crash, the motor vehicle shall be subject to impoundment and any 4 peace officer, acting pursuant to his special duties, or any police 5 officer is authorized to impound and store such motor vehicle. If said 6 motor vehicle is subject to impoundment and is not so impounded, the 7 owner or his representative shall cause said motor vehicle to be stored 8 in a public garage or storage place in this state as selected by the 9 owner or representative and shall continue such storage for the period 10 of time provided in this section. The aforementioned storage shall 11 constitute "impoundment" within the meaning of this section. The cost of 12 storage of any such impounded motor vehicle shall be borne by the owner. 13 So long as the impoundment is in force no person shall remove the 14 impounded vehicle or permit it to be removed from its place of impound- 15 ment except upon the order of the commissioner. 16 (c) The impoundment shall continue until (1) there is a final disposi- 17 tion of the claim for death or bodily injury of the person, resulting 18 from the [accident] crash in which said motor vehicle was involved, by 19 payment of a judgment or settlement by the owner, or by a final judgment 20 in his favor, or (2) one year has elapsed since the date of the [acci- 21 dent] crash and no filing has been made pursuant to section five thou- 22 sand two hundred eight of the insurance law, or (3) a release of the 23 motor vehicle upon order of the commissioner. The commissioner may order 24 the release of said motor vehicle upon the depositing with the commis- 25 sioner of taxation and finance of security or a bond in such form and 26 amount as may be approved by the commissioner. If said motor vehicle is 27 not released from impoundment after the lapse of one year, the commis- 28 sioner may dispose of it by public sale and remit the proceeds from the 29 sale to the commissioner of taxation and finance to be held pending the 30 final disposition of the claim. 31 § 20. Subdivision (d) of section 332 of the vehicle and traffic law is 32 amended to read as follows: 33 (d) Any person whose license, registration or non-resident's driving 34 privilege is subject to suspension hereunder, may be relieved from the 35 effect of failure to satisfy such judgment, if such person files with 36 the commissioner proper evidence that a bond or insurance policy as 37 provided for in this article was in force and effect at the time of the 38 [accident] crash resulting in the judgment, and was available for the 39 satisfaction of the judgment to the extent provided for in section three 40 hundred thirty-three of this article and that such judgment was so 41 satisfied. 42 § 21. Section 333 of the vehicle and traffic law, as amended by chap- 43 ter 305 of the laws of 1995, is amended to read as follows: 44 § 333. Payments sufficient to satisfy requirements of this article. 45 Every judgment herein referred to shall for the purpose of this article 46 only be deemed satisfied: (a) When twenty-five thousand dollars has been 47 credited upon any judgment or judgments rendered in excess of that 48 amount because of bodily injury to or when fifty thousand dollars has 49 been credited upon any judgment or judgments rendered in excess of that 50 amount because of death of one person as the result of any one [acci- 51 dent] crash; or 52 (b) When subject to such limit of twenty-five thousand dollars because 53 of bodily injury to or fifty thousand dollars because of death of one 54 person, the sum of fifty thousand dollars has been credited upon any 55 judgment or judgments rendered in excess of that amount because of bodi- 56 ly injury to or when one hundred thousand dollars has been credited upon
A. 7096 9 1 any judgment or judgments rendered in excess of that amount because of 2 death of two or more persons as the result of any one [accident] crash; 3 or 4 (c) When ten thousand dollars has been credited upon any judgment or 5 judgments rendered in excess of that amount because of injury to or 6 destruction of property of others as a result of any one [accident] 7 crash. 8 Payments made in settlement of any claims because of bodily injury, 9 death or property damage arising from a motor vehicle [accident] crash 10 shall be credited in reduction of the amounts provided for in this 11 section. 12 § 22. Section 335 of the vehicle and traffic law, subdivision (a) as 13 amended by chapter 305 of the laws of 1995, and paragraph 1 of subdivi- 14 sion (a) as further amended by section 104 of part A of chapter 62 of 15 the laws of 2011, is amended to read as follows: 16 § 335. Security and proof required following [accident] crash. (a) Not 17 less than ten days nor more than sixty days after receipt by him of the 18 report or notice of [an accident] a crash which has resulted in bodily 19 injury or death, or in damage to the property of any one person in 20 excess of one thousand dollars, the commissioner shall forthwith suspend 21 the license of any person operating, and the registration certificates 22 and registration plates of any person owning, a motor vehicle in any 23 manner involved in such [accident] crash unless and until such operator 24 (or chauffeur) or owner or both shall have previously furnished or imme- 25 diately furnishes security sufficient in the judgment of the commission- 26 er to satisfy any judgment or judgments for damages resulting from such 27 [accident] crash as may be recovered against such owner or operator (or 28 chauffeur) by or on behalf of any aggrieved person or his legal repre- 29 sentative, and unless and until such owner or operator (or chauffeur) or 30 both shall immediately furnish and thereafter maintain proof of finan- 31 cial responsibility in the future. Where erroneous information with 32 respect to insurance coverage of the owner or operator (or chauffeur) of 33 any such vehicle is furnished to the commissioner, he shall take appro- 34 priate action as above provided within sixty days after the receipt by 35 him of correct information with respect to such coverage. This section 36 shall not apply: (1) to such owner or operator (or chauffeur) if such 37 owner had in effect at the time of such [accident] crash with respect to 38 such motor vehicle a standard provisions automobile liability policy in 39 form approved by the superintendent of financial services and issued by 40 an insurance company authorized to do business in this state or, if such 41 motor vehicle was not registered in this state or was a motor vehicle 42 which was registered elsewhere than in this state at the effective date 43 of the policy, or the most recent renewal thereof, an automobile liabil- 44 ity policy acceptable to the superintendent of financial services as 45 substantially the equivalent of such standard provisions automobile 46 liability policy; (2) to such operator (or chauffeur), if not the owner 47 of such motor vehicle, if there was in effect at the time of such [acci- 48 dent] crash such a policy with respect to his operation of motor vehi- 49 cles not owned by him or, if such motor vehicle was a private passenger 50 motor vehicle, with respect to his operation of private passenger motor 51 vehicles not owned by him or (3) to such owner or operator (or chauf- 52 feur) if the liability of such owner or operator (or chauffeur) for 53 damages resulting from such [accident] crash is, in the judgment of the 54 commissioner, covered by any other form of liability insurance policy 55 issued by an insurance company authorized to do business in this state 56 or by a bond, provided every such policy or bond mentioned herein is
A. 7096 10 1 subject, if the [accident] crash has resulted in bodily injury, to a 2 limit, exclusive of interest and costs, of twenty-five thousand dollars 3 or death to a limit, exclusive of interest and costs, of fifty thousand 4 dollars, because of bodily injury to or death of one person in any one 5 [accident] crash and, subject to said limit for one person, to a limit 6 of fifty thousand dollars because of bodily injury to or one hundred 7 thousand dollars because of death of two or more persons in any one 8 [accident] crash, and, if the [accident] crash has resulted in injury to 9 or destruction of property, to a limit of ten thousand dollars because 10 of injury to or destruction of property of others in any one [accident] 11 crash or (4) to such owner or operator if the commissioner shall deter- 12 mine that the failure to have liability coverage as described above was 13 caused solely by the negligence or malfeasance of a person other than 14 the person whose license or registration has been suspended or is 15 subject to suspension, and that the person seeking to avoid such suspen- 16 sion was not aware of the lack of such liability coverage. However, with 17 respect to the provisions of (4) above, the burden of proof shall be 18 upon the person seeking to avoid such suspension action. Provided 19 further, that such facts shall be established by clear and convincing 20 evidence, either by the submission of affidavits or at a hearing called 21 in the discretion of the commissioner. 22 Upon receipt of notice of such [accident] crash, the insurance carrier 23 or surety company which issued such policy or bond shall furnish for 24 filing with the commissioner a written notice that such policy or bond 25 was in effect at the time of such [accident] crash or shall notify the 26 commissioner in such manner as he may require in case such policy or 27 bond was not in effect at the time of such [accident] crash. 28 In case any such operator (or chauffeur) or owner has no license to 29 operate issued under this chapter or no motor vehicle registered in his 30 name in this state, he shall not be allowed a license or registration 31 until he has complied with this article to the same extent as would be 32 necessary if he had held an operator's or chauffeur's license and a 33 motor vehicle registration issued under this chapter at the time of the 34 [accident] crash. 35 (b) Such security, where ordered, shall be in such form and in such 36 amount as the commissioner may require, but in no case in excess of the 37 amount of proof required by section three hundred forty-one of this 38 article. The commissioner may reduce the amount of security ordered in 39 any case within six months after the date of the [accident] crash, if, 40 in his judgment, the amount ordered is too large. In case the security 41 originally ordered has been deposited, the excess deposited over the 42 reduced amount ordered shall be returned to the depositor or his 43 personal representative forthwith, notwithstanding the provisions of 44 subdivision (c) of this section. 45 (c) Security furnished in compliance with the requirements of this 46 section shall be placed by the commissioner in the custody of the 47 commissioner of taxation and finance and shall be applicable only to the 48 payment of a judgment against the depositor for damages arising out of 49 the [accident] crash in question in an action at law begun not later 50 than one year after the date of such [accident] crash or, upon assign- 51 ment of the depositor, made not later than one year after the date of 52 such [accident] crash, to the settlement of a claim arising out of such 53 [accident] crash, or upon assignment of the depositor, made after the 54 expiration of one year after the date of such [accident] crash, to the 55 settlement of an action at law begun not later than one year after the 56 date of such [accident] crash. All of such payments made out of the
A. 7096 11 1 deposited security shall be made as follows: Payment shall first be 2 made to each of the judgment creditors and to each of the claimants who 3 have agreed to settle their claims, whose damages were evaluated by the 4 commissioner, in an amount not greater than the amount fixed in their 5 respective evaluations. Whenever the commissioner shall be given 6 evidence, satisfactory to him, that the amounts of all claims for 7 damages against the depositor arising out of such [accident] crash are 8 fixed, either by judgment or settlement agreement, payment shall be made 9 out of any balance remaining after the first distribution to each of 10 those persons whose judgments or settlement amounts have not been fully 11 paid but whose damages were evaluated by the commissioner, in proportion 12 to the amounts of their respective evaluations unless there is suffi- 13 cient to make payment in full; and any balance remaining after the first 14 and second distributions are completed shall be paid to those judgment 15 creditors and those claimants who have agreed to settle their claims but 16 whose damages were not evaluated, in proportion to the amounts of their 17 respective judgments or settlement amounts unless there is sufficient to 18 make payment in full. Such deposit, or any balance thereof, shall be 19 returned to the depositor or his personal representative whenever after 20 the expiration of such year, the commissioner shall be given evidence, 21 satisfactory to him, that there is no such action pending and no such 22 judgment unsatisfied or whenever, before the expiration of such year, 23 the commissioner shall be given evidence, satisfactory to him, that 24 there is no such judgment unsatisfied and that there is no existing 25 cause of action against the depositor for damages arising out of such 26 [accident] crash. 27 (c-1) After security, furnished in compliance with the requirements of 28 this section, has remained on deposit for five years, the commissioner 29 shall make a determination as to whether the deposit, or any balance 30 thereof, is returnable to the depositor or the person entitled thereto. 31 In the event that such deposit, or any balance thereof, is determined to 32 be returnable, but remains unclaimed by the depositor or the person 33 entitled thereto for a period of one year following the date of such 34 determination, such unclaimed deposit, or any balance thereof, shall be 35 deemed abandoned property subject to the provisions of the abandoned 36 property law. 37 (d) The provisions of subdivision (a) of this section shall not apply 38 to the owner of a motor vehicle operated by one having obtained 39 possession or control thereof without the expressed or implied consent 40 of such owner, to a police officer or member of the state police who is 41 compelled to assume the custody and operation of a motor vehicle of 42 another because such motor vehicle was (1) stolen from or lost by the 43 owner, (2) abandoned, either by the owner or any other person with or 44 without the owner's consent, (3) is being operated by a person disabled 45 so as not to be able to operate it properly, or (4) is being operated by 46 an intoxicated person; or to either the owner or operator of a motor 47 vehicle involved in an [accident] crash wherein no damage or injury was 48 caused to other than the person or property of such owner or operator. 49 (e) In lieu of deposit of security when required pursuant to the 50 provisions of this section the commissioner may accept a written agree- 51 ment, executed and acknowledged by the person required to deposit secu- 52 rity and any person who has sustained bodily injury, including death, or 53 damage to his property, or his legal representative, providing for the 54 payment of an agreed amount in installments, with respect to the claims 55 of such person for injuries or damages resulting from the [accident] 56 crash. In the event of default in payment of any installment under such
A. 7096 12 1 agreement, then upon notice of such default the commissioner shall 2 forthwith suspend the license and registration certificates and regis- 3 tration plates of the person in default until release has been filed 4 with the commissioner indicating that the entire agreed amount has been 5 paid. But in no case shall such agreement be used in lieu of proof of 6 maintenance of financial responsibility in the future required pursuant 7 to the provisions of this section. 8 § 23. Section 337 of the vehicle and traffic law, as amended by chap- 9 ter 176 of the laws of 1990, is amended to read as follows: 10 § 337. Suspension, duration. (a) The suspension required in sections 11 three hundred thirty-two, three hundred thirty-four and subdivision (e) 12 of section three hundred thirty-five [(e)] of this article shall remain 13 in effect, the motor vehicle in any manner involved in such [accident] 14 crash shall not be registered in the name of the person whose license 15 and/or registration certificate was so suspended, or in any other name 16 where the commissioner has reasonable grounds to believe that such 17 registration will have the effect of defeating the purposes of this 18 article, and no other motor vehicle shall be registered in the name of 19 such person nor any new licenses issued to such person unless and until 20 such judgment is satisfied or stayed or is discharged in bankruptcy and 21 the judgment debtor gives proof of financial responsibility in the 22 future as required pursuant to section three hundred thirty-five of this 23 article except under the conditions as stated in sections three hundred 24 thirty-three and three hundred thirty-four of this article. 25 (b) The suspension required in section three hundred thirty-five of 26 this article shall remain in effect, the motor vehicle in any manner 27 involved in such [accident] crash shall not be registered in the name of 28 the person whose license and/or registration certificate was so 29 suspended, or in any other name where the commissioner has reasonable 30 grounds to believe that such registration will have the effect of 31 defeating the purposes of this article, and no other motor vehicle shall 32 be registered in the name of such person nor any new licenses issued to 33 such person, unless and until such person complies with the requirement 34 with respect to furnishing security, or unless and until such person has 35 obtained a release, or a favorable judgment in an action at law to 36 recover damages resulting from such [accident] crash or unless such 37 person shall have satisfied in the manner herein provided any judgment 38 rendered against such person in such an action, or unless such judgment 39 rendered against such person is discharged in bankruptcy, and at all 40 events until such person gives and thereafter maintains proof of his 41 financial responsibility. 42 Provided, however, that any person whose license or registration 43 became subject to suspension or has been suspended pursuant to subdivi- 44 sion (a) of section three hundred thirty-five of this article, whether 45 or not such person has furnished security and proof of financial respon- 46 sibility, shall be relieved from furnishing or maintaining proof of 47 financial responsibility if (1) one year has elapsed since the date of 48 the [accident] crash, (2) nine months have elapsed since the date of 49 compliance with any suspension order made against such person because of 50 such [accident] crash, (3) such person has neither paid nor agreed in 51 writing to pay anything for damages resulting from such [accident] 52 crash, (4) no suit for damages because thereof has been brought against 53 such person and (5) such person is not required to furnish or maintain 54 proof of financial responsibility for some reason other than for having 55 been involved in such [accident] crash. If a suit or suits for damages 56 resulting from such [accident] crash shall have been brought and such
A. 7096 13 1 suit or suits shall have resulted in a judgment or judgments, the 2 successful person in such suit or suits shall be relieved from furnish- 3 ing or maintaining proof of financial responsibility forthwith provided 4 such person is not required to furnish or maintain such proof for 5 reasons other than for having been involved in such [accident] crash 6 and, in case such person has furnished security because of having been 7 involved in such [accident] crash, it shall be returned to such person 8 or the personal representative of such person forthwith notwithstanding 9 the provisions of subdivision (c) of section three hundred thirty-five 10 of this article. The fact of having been involved in such [accident] 11 crash shall not bar the issuance of license and registration to a person 12 who has been relieved from furnishing or maintaining proof of financial 13 responsibility pursuant to the provisions of this paragraph. 14 (c) A discharge in bankruptcy following the rendering of any such 15 judgment shall not relieve the judgment debtor from any of the require- 16 ments of this article unless otherwise provided in subdivisions (a) and 17 (b) of this section. 18 § 24. Subdivision (d) of section 338 of the vehicle and traffic law, 19 the opening paragraph as amended by chapter 838 of the laws of 1970, is 20 amended to read as follows: 21 (d) The commissioner shall take action as required anywhere in this 22 article, upon receiving proper evidence that any resident of this state, 23 has in any other state had his driving privileges suspended and/or the 24 operation of any motor vehicle owned by him prohibited pursuant to a law 25 of such other state providing for such suspension or prohibition because 26 of a conviction or because of an unsatisfied judgment which would 27 require the commissioner to suspend a non-resident's driving privileges 28 had such a conviction or judgment been rendered in this state against a 29 non-resident, provided, however, that no suspension or prohibition shall 30 be effective until twenty days have elapsed from the date upon which 31 notice of suspension shall have been mailed to the operator or owner 32 during which period such operator or owner shall be permitted to submit 33 evidence of satisfaction of the judgment or other evidence relating 34 thereto. 35 Upon receipt of a certification that the operating privilege of a 36 resident of this state has been suspended, revoked or cancelled in any 37 such other state pursuant to a law providing for its suspension, revoca- 38 tion or cancellation for failure to deposit security for the payment of 39 a judgment as may arise out of a motor vehicle [accident] crash under 40 circumstances which would require the commissioner to suspend a non- 41 resident's operating privilege had the [accident] crash occurred in this 42 state, the commissioner shall suspend the license of such resident if he 43 was the operator, and all of his registrations if he was the owner of a 44 motor vehicle involved in such [accident] crash. Such suspension shall 45 continue until such resident furnishes evidence of his compliance with 46 the law of such other state relating to the deposit of such security. 47 § 25. Section 341 of the vehicle and traffic law, as amended by chap- 48 ter 305 of the laws of 1995, is amended to read as follows: 49 § 341. Amount of proof required. Proof of financial responsibility 50 shall mean proof of ability to respond in damages for liability there- 51 after incurred, arising out of the ownership, maintenance or use of a 52 motor vehicle, in the amount of twenty-five thousand dollars because of 53 bodily injury to or fifty thousand dollars because of death of any one 54 person, and subject to said limit respecting one person, in the amount 55 of fifty thousand dollars because of bodily injury to or one hundred 56 thousand dollars because of death of two or more persons in any one
A. 7096 14 1 [accident] crash, and in the amount of ten thousand dollars because of 2 injury to or destruction of property in any one [accident] crash. Such 3 proof in such amounts shall be furnished for each motor vehicle regis- 4 tered by such person. 5 § 26. Subdivision (c) of section 343 of the vehicle and traffic law, 6 as amended by chapter 300 of the laws of 1960, and as further amended by 7 section 104 of part A of chapter 62 of the laws of 2011, is amended to 8 read as follows: 9 (c) When a person has been required to furnish proof of a financial 10 responsibility and there has been in effect a motor vehicle liability 11 policy for his benefit for a period of three years, during which period 12 such person or any vehicle registered in his name has not been involved 13 in any [accident] crash upon which a report is required pursuant to 14 section six hundred five [hereof] of this chapter, such person may file 15 in lieu thereof, the written certificate of any insurance carrier duly 16 authorized to do business in this state, certifying that there is in 17 effect a standard provisions automobile liability policy in form 18 approved by the [superintendant] superintendent of financial services 19 with a limit of liability no less than provided in subdivision (a) of 20 section three hundred thirty-five of this [law] chapter. 21 § 27. Paragraphs 1 and 3 of subdivision (a) of section 344 of the 22 vehicle and traffic law are amended to read as follows: 23 (1) Said insurance carrier shall execute a power of attorney authoriz- 24 ing the commissioner to accept service on its behalf of notice or proc- 25 ess in any action arising out of a motor vehicle [accident] crash in 26 this state. 27 (3) Said insurance carrier shall also agree to accept as final and 28 binding any judgment of any court of competent jurisdiction in this 29 state duly rendered in any action arising out of a motor vehicle [acci- 30 dent] crash. 31 § 28. Paragraph 3 of subdivision (b) of section 345 of the vehicle and 32 traffic law, as amended by chapter 305 of the laws of 1995, is amended 33 to read as follows: 34 (3) Shall insure the insured or such other person against loss from 35 the liability imposed by law for damages, including damages for care and 36 loss of services because of bodily injury to or death of any person and 37 injury to or destruction of property arising out of the ownership, main- 38 tenance, use, or operation of such motor vehicle or motor vehicles with- 39 in the state of New York, or elsewhere in the United States in North 40 America or the Dominion of Canada, subject to a limit, exclusive of 41 interest and cost, with respect to each such motor vehicle, except a tow 42 truck, of twenty-five thousand dollars because of bodily injury to or 43 fifty thousand dollars because of death of one person in any one [acci- 44 dent] crash and, subject to said limit for one person, to a limit of 45 fifty thousand dollars because of bodily injury to or one hundred thou- 46 sand dollars because of death of two or more persons in any one [acci- 47 dent] crash, and to a limit of ten thousand dollars because of injury to 48 or destruction of property of others in any one [accident] crash. The 49 limit, exclusive of interest and costs, with respect to a tow truck 50 shall be a combined single limit of three hundred thousand dollars 51 because of bodily injury [of] or death to one or more persons or because 52 of injury or destruction of property of others in any one [accident] 53 crash, and to a limit of twenty-five thousand dollars because of damage 54 to a vehicle in the care, custody and control of the insured. 55 § 29. Paragraph 1 of subdivision (i) of section 345 of the vehicle and 56 traffic law is amended to read as follows:
A. 7096 15 1 (1) The liability of any company under a motor vehicle liability poli- 2 cy shall become absolute whenever loss or damage covered by said policy 3 occurs, and the satisfaction by the insured of a final judgment for such 4 loss or damage shall not be a condition precedent to the right or duty 5 of the carrier to make payment on account of such loss or damage. No 6 such policy shall be cancelled or annulled as respects any loss or 7 damage by any agreement between the carrier and the insured after the 8 said insured has become responsible for such loss or damage, and any 9 such cancellation or [annullment] annulment shall be void. If the death 10 of the insured shall occur after the insured has become liable during 11 the policy period for loss or damage covered by the policy, the policy 12 shall not be deemed terminated by such death with respect to such 13 liability and the company shall be liable thereunder in the same manner 14 and to the same extent as though death had not occurred. Upon the recov- 15 ery of a final judgment against any person for any such loss or damage, 16 if the judgment debtor or the decedent whom he represents was at the 17 accrual of the cause of action insured against liability therefor under 18 a motor vehicle liability policy, the judgment creditor shall be enti- 19 tled to have the insurance money applied to the satisfaction of the 20 judgment. But the policy may provide that the insured, or any other 21 person covered by the policy, shall reimburse the company for payments 22 made on account of any [accident] crash, claim or suit involving a 23 breach of the terms, provisions or conditions of the policy; and 24 further, if the policy shall provide for limits in excess of the limits 25 designated in this section, the insurance carrier may plead against such 26 judgment creditor, with respect to the amount of such excess limits of 27 liability, any defenses which it may be entitled to plead against the 28 insured. Any such policy may further provide for the prorating of the 29 insurance thereunder with other applicable valid and collectible insur- 30 ance. If the death, insolvency or bankruptcy of the insured shall occur 31 within the policy period, the policy during the unexpired portion of 32 such period shall cover the legal representatives of the insured. No 33 statement made by the insured or on his behalf, and no violation of the 34 terms of the policy, shall operate to defeat or avoid the policy so as 35 to bar recovery within the limits provided in subdivision (b) of this 36 section. 37 § 30. Subdivision 2 of section 353 of the vehicle and traffic law is 38 amended to read as follows: 39 (2) In the event the person who has given proof of financial responsi- 40 bility surrenders his operator's or chauffeur's license, registration 41 certificates and registration plates to the commissioner, but the 42 commissioner shall not release such proof in the event any action for 43 damages upon a liability referred to in this article is then pending, or 44 any judgment upon any such liability then outstanding and unsatisfied, 45 or in the event the commissioner has received notice that such person 46 has within the period of three months immediately preceding been 47 involved as a driver in any motor vehicle [accident] crash. An affida- 48 vit of the applicant of the non-existence of such facts shall be suffi- 49 cient evidence thereof in the absence of evidence to the contrary in the 50 records of the bureau. 51 § 31. Section 354 of the vehicle and traffic law, as amended by chap- 52 ter 61 of the laws of 1989, is amended to read as follows: 53 § 354. Commissioner to furnish operating record. The commissioner 54 shall upon request furnish any insurance carrier or any person an 55 abstract of the operating record of any person subject to the provisions 56 of this article, which abstract shall include enumeration of any
A. 7096 16 1 convictions of such person of a violation of any provision of any stat- 2 ute relating to the operation of a motor vehicle or any [accidents] 3 crashes in which a motor vehicle driven by such person has been involved 4 during the current calendar year and the three calendar years preceding 5 that in which the request for the operating record is received and if 6 specifically requested shall also fully designate the motor vehicles, if 7 any, registered in the name of such person and the name of the insurer 8 insuring such motor vehicle, for the registration year in which the 9 request for the operating record is received. A request for an abstract 10 of an operating record shall be subject to the provisions of section two 11 hundred two of this chapter. 12 § 32. Section 366 of the vehicle and traffic law is amended to read as 13 follows: 14 § 366. Past application of article. This article, except section three 15 hundred thirty-nine [thereof] of this title, shall not apply to any 16 judgment in a civil action or cause of action arising out of [an acci- 17 dent] a crash occurring prior to the effective date of this article. 18 § 33. The section heading, the opening paragraph of subdivision 1 and 19 subdivisions 3 and 4 of section 370 of the vehicle and traffic law, the 20 section heading and subdivision 4 as amended by chapter 609 of the laws 21 of 1962, the opening paragraph of subdivision 1 as amended by chapter 20 22 of the laws of 2002 and as further amended by section 104 of part A of 23 chapter 62 of the laws of 2011 and subdivision 3 as amended by chapter 24 232 of the laws of 2001, are amended to read as follows: 25 Indemnity bonds or insurance policies; notice of [accident] crash. 26 Every person, firm, association or corporation engaged in the business 27 of carrying or transporting passengers for hire in any motor vehicle or 28 motorcycle, except street cars, and motor vehicles or motorcycles owned 29 and operated by a municipality, and except as otherwise provided in this 30 section, which shall be operated over, upon or along any public street 31 or highway of the state of New York shall file with the commissioner of 32 motor vehicles for each motor vehicle or motorcycle intended to be so 33 operated evidence, in such form as the commissioner may prescribe, of a 34 corporate surety bond or a policy of insurance, approved as to form by 35 the superintendent of financial services in a company authorized to do 36 business in the state, approved by the superintendent as to solvency and 37 responsibility, conditioned for the payment of a minimum sum, hereinaft- 38 er called minimum liability, on a judgment or judgments for damages, 39 including damages for care and loss of services, because of bodily inju- 40 ry to, or death of any one person in any one [accident] crash, and 41 subject to such minimum liability a maximum sum, hereinafter called 42 maximum liability on a judgment or judgments for damages, including 43 damages for care and loss of services because of bodily injury to, or 44 death of two or more persons in any one [accident] crash and for the 45 payment of a minimum sum, called minimum liability on all judgments for 46 damages because of injury to or destruction of property of others in any 47 one [accident] crash, recovered against such person, firm, association 48 or corporation upon claims arising out of the same transaction or trans- 49 actions connected with the same subject of action, to be apportioned 50 ratably among the judgment creditors according to the amount of their 51 respective judgments for damage or injury caused in the operation, main- 52 tenance, use or the defective construction of such motor vehicle or 53 motorcycle as follows: 54 3. A person, firm, association or corporation engaged in the business 55 of renting or leasing rental vehicles to be operated upon the public 56 highways for carrying passengers shall be subject to the provisions of
A. 7096 17 1 this section in the same manner and to the same extent as if such 2 person, firm, association or corporation were actually engaged in the 3 business of carrying or transporting passengers for hire. 4 Notwithstanding the provisions of subdivision one of this section, a 5 person, firm, association or corporation engaged in the business of 6 renting or leasing motor vehicles, having registered in this state more 7 than twenty-five motor vehicles subject to the provisions of this 8 section and who qualifies as hereinafter provided, may file a certif- 9 icate of self-insurance. The commissioner of motor vehicles in his 10 discretion may, upon the application of such a person, firm, association 11 or corporation issue a certificate of self-insurance when he is reason- 12 ably satisfied that such person is possessed and will continue to be 13 possessed of financial ability to respond to judgments obtained against 14 such person, arising out of the ownership, maintenance, use or operation 15 of any such person's motor vehicle. Upon due notice and hearing, the 16 commissioner may, in his discretion and upon reasonable grounds, cancel 17 a certificate of self-insurance. 18 As a condition to the issuance of a certificate of self-insurance 19 under this subdivision the registrant shall pay annually in addition to 20 any other fee prescribed by this chapter, a fee of one dollar and fifty 21 cents for each motor vehicle registered in his name and the aggregate 22 amount of such fees shall be applied in reduction of the assessment 23 levied pursuant to section three hundred seventeen. 24 As a further condition to the issuance of a certificate of self-insu- 25 rance, the registrant shall pay annually in addition to any other fee 26 prescribed by this chapter, an amount per vehicle to be determined by 27 the Motor Vehicle [Accident] Crash Indemnification Corporation pursuant 28 to section five thousand two hundred seven of the insurance law and the 29 aggregate amount of such fees shall be transmitted by the commissioner 30 to the Motor Vehicle [Accident] Crash Indemnification Corporation 31 continued pursuant to section five thousand two hundred three of the 32 insurance law to be applied in reduction of assessments levied by said 33 corporation pursuant to section five thousand two hundred seven of the 34 insurance law. 35 4. Every person operating a motor vehicle or motorcycle as to which a 36 bond or policy of insurance is required by this section, which is in any 37 manner involved in [an accident] a crash, shall within five days give 38 written notice of the time and place of the accident to the surety or 39 insurer. Failure to give notice of [an accident] a crash as herein 40 provided shall constitute a misdemeanor, but shall not affect the 41 liability of the surety or insurer. 42 § 34. Subdivision 2 of section 385 of the vehicle and traffic law, as 43 amended by chapter 973 of the laws of 1966, is amended to read as 44 follows: 45 2. The height of a vehicle from under side of tire to top of vehicle, 46 inclusive of load, shall be not more than thirteen and one-half feet. 47 Any damage to highways, bridges or highway structures resulting from the 48 use of a vehicle exceeding thirteen feet in height where such excess 49 height is the proximate cause of the [accident] crash shall be compen- 50 sated for by the owner and operator of such vehicle. 51 § 35. The opening paragraph of subdivision 2 of section 398-b of the 52 vehicle and traffic law, as amended by chapter 212 of the laws of 1980, 53 is amended to read as follows: 54 As used in this article the term "motor vehicle repair shop" means any 55 person who, for compensation, is wholly or partially engaged in the 56 business of repairing or diagnosing motor vehicle malfunctions or
A. 7096 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
A. 7096 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 D of chapter 58 of the laws of 2016, 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
A. 7096 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. The proceeds from such fee shall be 4 deposited by the comptroller into the special obligation reserve and 5 payment account of the dedicated highway and bridge trust fund estab- 6 lished pursuant to section eighty-nine-b of the state finance law for 7 the purposes established in this section. 8 § 45. Section 399-m of the vehicle and traffic law, as added by chap- 9 ter 751 of the laws of 2005, is amended to read as follows: 10 § 399-m. Pilot program scope and duration. The commissioner shall 11 conduct a pilot program designed to evaluate utilizing internet, and 12 other technologies as approved by the commissioner, for delivering 13 [accident] crash prevention courses for point and insurance premium 14 reduction benefits to the public by permitting qualifying applicants to 15 participate in the pilot program for a period of five years. 16 § 46. Section 399-n of the vehicle and traffic law, as added by chap- 17 ter 751 of the laws of 2005, is amended to read as follows: 18 § 399-n. Regulations. 1. The commissioner is authorized and directed 19 to promulgate any rules and regulations necessary to implement the 20 provisions of this article and to insure that internet, and other tech- 21 nology as approved by the commissioner, delivered [accident] crash 22 prevention courses established pursuant to this article can validate: 23 student identity at registration and throughout the course; partic- 24 ipation throughout the course; that the time requirements are met; and 25 successful completion of the course. Provided, however, that any rules 26 and regulations promulgated pursuant to this article shall not stipulate 27 any particular location for delivery of [an accident] a crash prevention 28 course or limit the time of day during which such course may be taken. 29 2. The commissioner is authorized to impose a fee upon each [accident] 30 crash prevention course sponsoring agency approved for participation in 31 the pilot program, which shall not exceed eight dollars for each student 32 who completes [an accident] a crash prevention course by means of the 33 pilot program established pursuant to this article. 34 § 47. Section 399-o of the vehicle and traffic law, as added by chap- 35 ter 751 of the laws of 2005, is amended to read as follows: 36 § 399-o. Report by commissioner. Within five years of the establish- 37 ment and implementation of this article, the commissioner shall report 38 to the governor, the temporary president of the senate and the speaker 39 of the assembly on the [accident] crash prevention course internet, and 40 other technology as approved by the commissioner, pilot program and its 41 results. Such report shall include recommendations as to the future use 42 of internet and other technologies as an effective way, in addition to 43 classroom presentation, to deliver to the public approved [accident] 44 crash prevention courses, and qualifications for participants in such 45 approved internet and other technology-delivered programs. 46 § 48. Paragraph (e) of subdivision 4 of section 503 of the vehicle and 47 traffic law, as added by section 2 of part E of chapter 59 of the laws 48 of 2004, is amended to read as follows: 49 (e) Any completion of a motor vehicle [accident] crash prevention 50 course approved pursuant to article twelve-B of this chapter shall not 51 serve to reduce the calculation of points on a person's driving record 52 for the purposes of this section. 53 § 49. Subdivision 2 of section 506 of the vehicle and traffic law, as 54 added by chapter 780 of the laws of 1972, is amended to read as follows: 55 2. The commissioner may require every person holding a license issued 56 pursuant to this article to submit to such an examination as shall be
A. 7096 21 1 determined by him to be appropriate if such person has been involved in 2 three [accidents] crashes while driving a motor vehicle or motorcycle 3 within a period of eighteen months, if such [accidents] crashes were 4 required to be reported by section six hundred five of this chapter. 5 § 50. Subdivision 7 of section 509-a of the vehicle and traffic law, 6 as added by chapter 599 of the laws of 1993, is amended to read as 7 follows: 8 (7) [accident] crash shall include any [accident] crash with another 9 vehicle, object or person, which occurs in this state or elsewhere, in 10 which any person is killed or injured, or in which damage to the proper- 11 ty of any one person, including the operator, in excess of one thousand 12 five hundred dollars is sustained, or in which damage in excess of two 13 thousand five hundred dollars is sustained to any bus as defined in 14 section one hundred four of this chapter; provided however that [acci- 15 dents] crashes occurring outside this state shall not be recorded on the 16 driver's license record. 17 § 51. Subdivisions 1 and 3 of section 509-bb of the vehicle and traf- 18 fic law, as added by chapter 599 of the laws of 1993, are amended to 19 read as follows: 20 (1) Any person employed as a bus driver who has on three occasions 21 been the operator of a motor vehicle involved in [an accident] a crash 22 of a nature or type set forth in section five hundred nine-a of this 23 article, where such [accidents] crashes occurred within an eighteen- 24 month period, shall be subject to reexamination, including a road test, 25 as provided in this section; provided, however, that if such person is 26 subject to a period of disqualification pursuant to section five hundred 27 nine-c or five hundred nine-cc of this article, such reexamination shall 28 occur not more than forty-five days prior to the completion of such 29 period of disqualification; and provided, further, that [accidents] 30 crashes in which the driver was completely without fault shall not be 31 included in determining whether such reexamination is required. 32 (3) For purposes of this section, one such [accident] crash shall not 33 be counted if the person successfully completes a motor vehicle [acci- 34 dent] crash prevention course approved by the commissioner. 35 § 52. Subparagraph (iv) of paragraph (b) and paragraphs (d), (e) and 36 (f) of subdivision 1 and subparagraph (iii) of paragraph (b) and para- 37 graphs (d), (e) and (f) of subdivision 2 of section 509-c of the vehicle 38 and traffic law, subparagraph (iv) of paragraph (b) of subdivision 1 and 39 subparagraph (iii) of paragraph (b) of subdivision 2 as amended by chap- 40 ter 360 of the laws of 1986, paragraph (d) of subdivision 1 and para- 41 graph (d) of subdivision 2 as amended by chapter 599 of the laws of 1993 42 and paragraphs (e) and (f) of subdivision 1 and paragraphs (e) and (f) 43 of subdivision 2 as added by chapter 599 of the laws of 1993, are 44 amended to read as follows: 45 (iv) has been convicted of leaving the scene of [an accident] a crash 46 which resulted in personal injury or death under subdivision two of 47 section six hundred of this chapter or an offense committed outside of 48 this state which would constitute a violation of subdivision two of 49 section six hundred of this chapter. Such disqualification shall be for 50 a period of three years if such conviction occurred prior to September 51 fifteenth, nineteen hundred eighty-five; or 52 (d) for a period of one year, if that person has accumulated nine or 53 more points on his or her driving record for acts that occurred during 54 an eighteen month period on or after September fifteenth, nineteen 55 hundred eighty-five, provided, however, that the disqualification shall 56 terminate if the person has reduced the points to less than nine through
A. 7096 22 1 the successful completion of a motor vehicle [accident] crash prevention 2 course. 3 (e) for a period of one year, if that person was the operator of a 4 motor vehicle involved in two or more [accidents] crashes of a nature 5 and type set forth in section five hundred nine-a of this article, where 6 such [accidents] crashes occurred within an eighteen-month period 7 following a reexamination conducted pursuant to section five hundred 8 nine-bb of this article, provided that [accidents] crashes in which the 9 driver was completely without fault shall not be included in determining 10 whether such disqualification is required; 11 (f) for a period of one year, if that person fails to pass a road test 12 administered pursuant to section five hundred nine-bb of this article; 13 provided, however, that such person shall be given the opportunity to 14 complete a motor vehicle [accident] crash prevention course approved by 15 the commissioner and to then undergo a second road test administered 16 pursuant to section five hundred nine-bb of this article, and such 17 disqualification shall cease if such person passes such second road 18 test. 19 (iii) has been convicted of leaving the scene of [an accident] a crash 20 which resulted in personal injury or death under subdivision two of 21 section six hundred of this chapter or an offense committed outside of 22 this state which would constitute a violation of subdivision two of 23 section six hundred of this chapter; or 24 (d) for a period of one year, if that person accumulates nine or more 25 points on his or her driving record for acts occurring during an eigh- 26 teen month period, provided, however, that the disqualification shall 27 terminate if the person has reduced the points to less than nine through 28 the successful completion of a motor vehicle [accident] crash prevention 29 course. 30 (e) for a period of one year, if that person was the operator of a 31 motor vehicle involved in two or more [accidents] crashes of a nature 32 and type set forth in section five hundred nine-a of this article, where 33 such [accidents] crashes occurred within an eighteen-month period 34 following a reexamination conducted pursuant to section five hundred 35 nine-bb of this article, provided that [accidents] crashes in which the 36 driver was completely without fault shall not be included in determining 37 whether such disqualification is required; 38 (f) for a period of one year, if that person fails to pass a road test 39 administered pursuant to section five hundred nine-bb of this article; 40 provided, however, that such person shall be given the opportunity to 41 complete a motor vehicle [accident] crash prevention course approved by 42 the commissioner and to then undergo a second road test administered 43 pursuant to section five hundred nine-bb of this article, and such 44 disqualification shall cease if such person passes such second road 45 test. 46 § 53. Subparagraph (v) of paragraph (b) and paragraphs (d), (e) and 47 (f) of subdivision 1, subparagraph (iv) of paragraph (c) and paragraphs 48 (e), (f) and (g) of subdivision 2 of section 509-cc of the vehicle and 49 traffic law, subparagraph (v) of paragraph (b) of subdivision 1 as added 50 by chapter 675 of the laws of 1985, paragraph (d) of subdivision 1 and 51 paragraph (e) of subdivision 2 as amended by chapter 599 of the laws of 52 1993, paragraphs (e) and (f) of subdivision 1 and paragraphs (f) and (g) 53 of subdivision 2 as added by chapter 599 of the laws of 1993, and 54 subparagraph (iv) of paragraph (c) of subdivision 2 as amended by chap- 55 ter 360 of the laws of 1986, are amended to read as follows:
A. 7096 23 1 (v) has been convicted of leaving the scene of [an accident] a crash 2 which resulted in personal injury or death under section six hundred of 3 this chapter or an offense committed outside of this state which would 4 constitute a violation of section six hundred of this chapter. 5 (d) for a period of one year, if that person has accumulated nine or 6 more points on his or her driving record for acts that occurred during 7 an eighteen month period on or after September fifteenth, nineteen 8 hundred eighty-five, provided, however, that the disqualification shall 9 terminate if the person has reduced the points to less than nine through 10 the successful completion of a motor vehicle [accident] crash prevention 11 course. 12 (e) for a period of one year, if that person or was the operator of a 13 motor vehicle involved in two or more [accidents] crashes of a nature 14 and type set forth in section five hundred nine-a of this article, where 15 such [accidents] crashes occurred within an eighteen-month period 16 following a reexamination conducted pursuant to section five hundred 17 nine-bb of this article, provided that [accidents] crashes in which the 18 driver was completely without fault shall not be included in determining 19 whether such disqualification is required; 20 (f) for a period of one year, if that person fails to pass a road test 21 administered pursuant to section five hundred nine-bb of this article; 22 provided, however, that such person shall be given the opportunity to 23 complete a motor vehicle [accident] crash prevention course approved by 24 the commissioner and to then undergo a second road test administered 25 pursuant to section five hundred nine-bb of this article, and such 26 disqualification shall cease if such person passes such second road 27 test. 28 (iv) has been convicted of leaving the scene of [an accident] a crash 29 which resulted in personal injury or death under subdivision two of 30 section six hundred of this chapter or an offense committed outside of 31 this state which would constitute a violation of subdivision two of 32 section six hundred of this chapter; or 33 (e) for a period of one year, if that person accumulates nine or more 34 points on his or her driving record for acts occurring during an eigh- 35 teen month period, provided, however, that the disqualification shall 36 terminate if the person has reduced the points to less than nine through 37 the successful completion of a motor vehicle [accident] crash prevention 38 course. 39 (f) for a period of one year, if that person was the operator of a 40 motor vehicle involved in two or more [accidents] crashes of a nature 41 and type set forth in section five hundred nine-a of this article, where 42 such [accidents] crashes occurred within an eighteen-month period 43 following a reexamination conducted pursuant to section five hundred 44 nine-bb of this article, provided that accidents in which the driver was 45 completely without fault shall not be included in determining whether 46 such disqualification is required; 47 (g) for a period of one year, if that person fails to pass a road test 48 administered pursuant to section five hundred nine-bb of this article; 49 provided, however, that such person shall be given the opportunity to 50 complete a motor vehicle [accident] crash prevention course approved by 51 the commissioner and to then undergo a second road test administered 52 pursuant to section five hundred nine-bb of this article, and such 53 disqualification shall cease if such person passes such second road 54 test.
A. 7096 24 1 § 54. Subdivision 7 of section 509-d of the vehicle and traffic law, 2 as added by chapter 599 of the laws of 1993, is amended to read as 3 follows: 4 (7) Each motor carrier shall prepare a report setting forth: (a) the 5 number of miles travelled by buses operated by such motor carrier in the 6 preceding twelve months; (b) the number of convictions and [accidents] 7 crashes involving any driver employed by such motor carrier during the 8 preceding twelve months, as reported to such carrier pursuant to section 9 five hundred nine-f of this chapter; and (c) the number of convictions 10 and [accidents] crashes per ten thousand miles travelled. Such report 11 shall be filed with the department as an attachment to the affidavit of 12 compliance required by subdivision (c) of section five hundred nine-j of 13 this chapter, and a copy of such report shall be made available by the 14 carrier to any person upon request. 15 § 55. Section 509-e of the vehicle and traffic law, as amended by 16 chapter 853 of the laws of 1975, is amended to read as follows: 17 § 509-e. Annual review of driving record. Each motor carrier shall, at 18 least once every twelve months, review the driving record of each bus 19 driver it employs to determine whether that driver meets minimum 20 requirements for safe driving and is qualified to drive a bus pursuant 21 to section five hundred nine-b of this article. In reviewing a driving 22 record, the motor carrier must consider any evidence that the bus driver 23 has violated applicable provisions of the vehicle and traffic law. The 24 motor carrier must also consider the driver's [accident] crash record 25 and any evidence that the driver has violated laws governing the opera- 26 tion of motor vehicles, such as speeding, reckless driving, and operat- 27 ing while under the influence of alcohol or drugs, that indicate that 28 the driver has exhibited a disregard for the safety of the public. Such 29 information shall be recorded in the employer's record. 30 § 56. Section 509-f of the vehicle and traffic law, as amended by 31 chapter 599 of the laws of 1993, is amended to read as follows: 32 509-f. Record of violations. Each motor carrier shall, at least once 33 every twelve months, require each bus driver it employs to prepare and 34 furnish it with a list of all violations of motor vehicle traffic laws 35 and ordinances (other than violations involving only parking) of which 36 the driver has been convicted or on account of which he has forfeited 37 bond or collateral and all [accidents] crashes of a nature or type set 38 forth in section five hundred nine-a of this article in which the driver 39 was involved during the preceding twelve months whether such violations 40 or [accidents] crashes occurred in this state or elsewhere. Such infor- 41 mation shall be recorded in the employer's record. 42 § 57. Subdivisions 1-b and 4 of section 509-i of the vehicle and traf- 43 fic law, subdivision 1-b as added and subdivision 4 as amended by chap- 44 ter 599 of the laws of 1993, are amended to read as follows: 45 1-b. A driver who is involved in [an accident] a crash of a nature or 46 type set forth in section five hundred nine-a of this article in any 47 jurisdiction shall notify his or her employer within five working days 48 from the date of the [accident] crash. A driver who fails to notify his 49 or her employer of such [accident] crash within the five working day 50 period shall be subject to a five working day suspension. 51 4. In addition to the requirements of subdivision three of this 52 section, the commissioner shall notify the motor carrier of any 53 conviction for any traffic violation or [accident] crash resulting from 54 operation of a motor vehicle against a bus driver employed by the motor 55 carrier, shall require payment of the fee necessary to defray the cost 56 of the notification, and shall require all motor carriers to establish
A. 7096 25 1 an escrow account with the department which shall be used to pay for the 2 costs incurred by the department when it informs the motor carrier of a 3 driver's conviction or [accident] crash; and may, if requested by a 4 political subdivision which contracts with a motor carrier for the 5 transportation of school children, provide such notice to the political 6 subdivision. 7 § 58. Subparagraph (iii) of paragraph (a) of subdivision 2 of section 8 510 of the vehicle and traffic law, as amended by chapter 47 of the laws 9 of 1988, is amended to read as follows: 10 (iii) of any violation of subdivision two of section six hundred or 11 section three hundred ninety-two or of a local law or ordinance making 12 it unlawful to leave the scene of [an accident] a crash without report- 13 ing; 14 § 59. Paragraph (a) of subdivision 4 of section 510-a of the vehicle 15 and traffic law, as amended by section 1 of part C of chapter 58 of the 16 laws of 2013, is amended to read as follows: 17 (a) A serious traffic violation shall mean operating a commercial 18 motor vehicle in violation of any provision of this chapter or the laws 19 or ordinances of any other state or locality outside of this state that 20 restricts or prohibits the use of a hand-held mobile telephone or a 21 portable electronic device while operating a commercial motor vehicle or 22 in violation of any provision of this chapter or the laws of any other 23 state, the District of Columbia or any Canadian province which (i) 24 limits the speed of motor vehicles, provided the violation involved 25 fifteen or more miles per hour over the established speed limit; (ii) is 26 defined as reckless driving by state or local law or regulation; (iii) 27 prohibits improper or erratic lane change; (iv) prohibits following too 28 closely; (v) relates to motor vehicle traffic (other than parking, 29 standing or stopping) and which arises in connection with a fatal [acci- 30 dent] crash; (vi) operating a commercial motor vehicle without first 31 obtaining a commercial driver's license as required by section five 32 hundred one of this title; (vii) operating a commercial motor vehicle 33 without a commercial driver's license in the driver's possession; or 34 (viii) operating a commercial motor vehicle without the proper class of 35 commercial driver's license and/or endorsement for the specific vehicle 36 being operated or for the passengers or type of cargo being transported. 37 § 60. Section 520 of the vehicle and traffic law, as amended by chap- 38 ter 607 of the laws of 1979, is amended to read as follows: 39 § 520. Statement of findings and declaration of purpose. The ever-in- 40 creasing number of [accidents] crashes, personal injuries and deaths 41 resulting from alcohol or drug-related traffic offenses is a matter of 42 great concern to the legislature. The diminished perception of intoxi- 43 cated and impaired operators of motor vehicles presents a constant and 44 intolerable threat to the lives and well-being of the citizens of the 45 state. Efforts aimed at alleviating this threat have proven inadequate. 46 The public interest in the cause of highway safety will be well served 47 by the implementation of a permanent program of rehabilitation for those 48 operators convicted of alcohol or drug-related traffic offenses and 49 certain operators who have been adjudicated youthful offenders for alco- 50 hol or drug-related traffic offenses. The commissioner of motor vehicles 51 should have the authority to offer to such operators an opportunity for 52 rehabilitation, thereby reducing the threat aimed at themselves and the 53 people of the state. 54 § 61. Section 523-b of the vehicle and traffic law, as added by chap- 55 ter 596 of the laws of 1975, is amended to read as follows:
A. 7096 26 1 § 523-b. Experimental driver safety programs. The commissioner may 2 study the feasibility of programs to improve driver behavior, attitude, 3 performance or skills in order to reduce motor vehicle [accidents] cras- 4 hes and traffic violations, and to promote highway safety. He shall have 5 the authority to establish such programs on a limited, experimental 6 basis in order to assist in such feasibility study provided any such 7 program is funded by any source other than state funds, or if any such 8 program is to be funded with state funds, then he may establish such 9 program only with the approval of the director of the division of the 10 budget. 11 § 62. The article heading of article 22 of the vehicle and traffic law 12 is amended to read as follows: 13 [ACCIDENTS] CRASHES AND [ACCIDENT] 14 CRASH REPORTS 15 § 63. Paragraph b of subdivision 1 of section 600 of the vehicle and 16 traffic law, as amended by chapter 49 of the laws of 2005, is amended to 17 read as follows: 18 b. It shall be the duty of any member of a law enforcement agency who 19 is at the scene of the [accident] crash to request the said operator or 20 operators of the motor vehicles, when physically capable of doing so, to 21 exchange the information required hereinabove and such member of a law 22 enforcement agency shall assist such operator or operators in making 23 such exchange of information in a reasonable and harmonious manner. 24 § 64. Paragraph b of subdivision 2 of section 600 of the vehicle and 25 traffic law, as amended by chapter 49 of the laws of 2005, is amended to 26 read as follows: 27 b. It shall be the duty of any member of a law enforcement agency who 28 is at the scene of the [accident] crash to request the said operator or 29 operators of the motor vehicles, when physically capable of doing so, to 30 exchange the information required hereinabove and such member of a law 31 enforcement agency shall assist such operator or operators in making 32 such exchange of information in a reasonable and harmonious manner. 33 § 65. Section 603 of the vehicle and traffic law, as amended by chap- 34 ter 550 of the laws of 1993 and subdivision 1 as amended by chapter 432 35 of the laws of 1997, is amended to read as follows: 36 § 603. [Accidents] Crashes; police authorities and coroners to report. 37 1. Every police or judicial officer to whom [an accident] a crash 38 resulting in injury to a person shall have been reported, pursuant to 39 the foregoing provisions of this chapter, shall immediately investigate 40 the facts, or cause the same to be investigated, and report the matter 41 to the commissioner forthwith; provided, however, that the report of the 42 [accident] crash is made to the police officer or judicial officer with- 43 in five days after such [accident] crash. Every coroner, or other offi- 44 cial performing like functions, shall likewise make a report to the 45 commissioner with respect to all deaths found to have been the result of 46 motor vehicle or motorcycle [accidents] crashes. Such report shall 47 include information on the width and length of trucks, tractors, trail- 48 ers and semitrailers, which are in excess of ninety-five inches in width 49 or thirty-four feet in length and which are involved in such [accidents] 50 crashes, whether such [accident] crash took place in a work area and 51 whether it was being operated with an overweight or overdimension 52 permit. Such report shall distinctly indicate and include information 53 as to whether the inflatable restraint system inflated and deployed. 54 Nothing contained in this subdivision shall be deemed to preclude a 55 police officer from reporting any other [accident] crash which, in the
A. 7096 27 1 judgment of such police officer, would be required to be reported to the 2 commissioner by the operator of a vehicle pursuant to section six 3 hundred five of this article. 4 2. In addition to the requirements of subdivision one of this section, 5 every police officer or judicial officer to whom [an accident] a crash 6 shall have been reported involving a commercial vehicle as defined in 7 either subdivision four of section five hundred one-a or subdivision one 8 of section five hundred nine-p of this chapter shall immediately inves- 9 tigate the facts, or cause the same to be investigated and report the 10 matter to the commissioner forthwith, provided that the report of the 11 [accident] crash is made to the police officer or judicial officer with- 12 in five days after such [accident] crash, whenever such [accident] crash 13 has resulted in (i) a vehicle being towed from the [accident] crash 14 scene as the result of incurring disabling damage, (ii) a fatality, or 15 (iii) any individual being transported to a medical facility to receive 16 treatment as the result of physical injury sustained in the [accident] 17 crash. 18 § 66. Section 603-a of the vehicle and traffic law, as added by chap- 19 ter 408 of the laws of 2001, is amended to read as follows: 20 § 603-a. [Accidents] Crashes; police authorities to investigate. 1. In 21 addition to the requirements of section six hundred three of this arti- 22 cle, whenever a motor vehicle [accident] crash results in serious phys- 23 ical injury or death to a person, and such [accident] crash either is 24 discovered by a police officer, or reported to a police officer within 25 five days after such [accident] crash occurred, the police shall conduct 26 an investigation of such [accident] crash. Such investigation shall be 27 conducted for the purposes of making a determination of the following: 28 the facts and circumstances of the [accident] crash; the type or types 29 of vehicles involved, including passenger motor vehicles, commercial 30 motor vehicles, motorcycles, limited use motorcycles, off-highway motor- 31 cycles, and/or bicycles; whether pedestrians were involved; the contrib- 32 uting factor or factors; whether it can be determined if a violation or 33 violations of this chapter occurred, and if so, the specific provisions 34 of this chapter which were violated and by whom; and, the cause of such 35 [accident] crash, where such cause can be determined. The police shall 36 forward a copy of the investigation report to the commissioner within 37 five business days of the completion of such report. 38 2. For purposes of this section, the following terms shall have the 39 following meanings: 40 (a) "commercial motor vehicle" shall have the same meaning as such 41 term is defined in either subdivision four of section five hundred one-a 42 or subdivision one of section five hundred nine-p of this chapter; and 43 (b) "serious physical injury" shall have the same meaning as such term 44 is defined in section 10.00 of the penal law. 45 § 67. Section 603-b of the vehicle and traffic law, as amended by 46 chapter 408 of the laws of 2007, is amended to read as follows: 47 § 603-b. [Accidents] Crashes; police to indicate serious physical 48 injury and death on simplified traffic information or summons and 49 compliant. In addition to the requirements of section six hundred three 50 of this article and subdivision twelve of section eleven hundred nine- 51 ty-two of this chapter, in every case where a law enforcement officer is 52 required to report pursuant to section six hundred three of this article 53 and a person is charged with a violation of this chapter arising out of 54 such [accident] crash, the law enforcement officer alleging such charge 55 shall make a clear notation in the "Description of Violation" section of 56 a simplified traffic information, or in an area provided on a summons
A. 7096 28 1 and complaint pursuant to subdivision one of section two hundred twen- 2 ty-six of this chapter, if, arising out of the same [accident] crash, 3 someone other than the person charged was killed or suffered serious 4 physical injury as defined in section 10.00 of the penal law; such nota- 5 tion shall be in the form of a "D" if someone other than the person 6 charged was killed and such notation shall be in the form of a "S.P.I." 7 if someone other than the person charged suffered serious physical inju- 8 ry; provided however, that the failure to make such notation shall in no 9 way affect a charge for a violation of this chapter. 10 § 68. Section 604 of the vehicle and traffic law is amended to read as 11 follows: 12 § 604. Reports; contents; preparation; distribution; filing. Reports 13 of [accidents] crashes required under the preceding section, or under 14 the rules and regulations of the commissioner, shall be upon forms 15 prepared by him and contain such information as he shall prescribe. 16 Blank forms for such reports shall be printed by the commissioner and a 17 supply sent to all city, town and village clerks and to the chief offi- 18 cer of every city police department for general distribution and use as 19 herein provided. Reports of [accidents] crashes, required under the 20 preceding section, shall be sent to and filed with the commissioner at 21 the main office of the bureau of motor vehicles in the city of Albany, 22 except as otherwise provided by the rules and regulations of the commis- 23 sioner. 24 § 69. Section 605 of the vehicle and traffic law, as amended by chap- 25 ter 254 of the laws of 1989, paragraphs 1 and 2 of subdivision (a) as 26 amended by chapter 498 of the laws of 1999, paragraph 4 of subdivision 27 (a) as amended by chapter 71 of the laws of 2004 and subdivision (c) as 28 amended by chapter 161 of the laws of 1996, is amended to read as 29 follows: 30 § 605. Report required upon [accident] crash. (a) 1. Every person 31 operating a motor vehicle, except a police officer (as defined in subdi- 32 vision thirty-four of section 1.20 of the criminal procedure law), a 33 correction officer, or a firefighter, operating a police department, a 34 correction department, or fire department vehicle respectively while on 35 duty, if a report has been filed by the owner of such vehicle, which is 36 in any manner involved in [an accident] a crash, anywhere within the 37 boundaries of this state, in which any person is killed or injured, or 38 in which damage to the property of any one person, including himself, in 39 excess of one thousand dollars is sustained, shall within ten days after 40 such [accident] crash, report the matter in writing to the commissioner. 41 If such operator or chauffeur be physically incapable of making such 42 report and there be another participant in the [accident] crash not 43 incapacitated, such participant shall make such report within ten days 44 after such [accident] crash. If the operator or chauffeur involved in 45 such [accident] crash be unable to make such report, the owner of the 46 motor vehicle involved in such accident, if such owner be not involved 47 in such [accident] crash or incapacitated, shall within ten days after 48 he learns of the fact of such [accident] crash report the matter to the 49 commissioner together with such information as may have come to his 50 knowledge relating to such [accident] crash. Every such operator or 51 chauffeur of a motor vehicle, or participant in any such [accident] 52 crash, or owner of the motor vehicle involved in any such [accident] 53 crash, shall make such other and additional reports as the commissioner 54 shall require. 55 2. Failure to report an [accident] crash as herein provided or failure 56 to give correctly the information required of him by the commissioner in
A. 7096 29 1 connection with such report shall be a misdemeanor and shall constitute 2 a ground for suspension or revocation of the operator's (or chauffeur's) 3 license or all certificates of registration for any motor vehicle, or of 4 both, of the person failing to make such report as herein required. In 5 addition, the commissioner may temporarily suspend the driver's license 6 or permit or certificate of registration of the motor vehicle involved 7 in the [accident] crash, or of both, of the person failing to report [an 8 accident] a crash within the period prescribed in paragraph one of this 9 subdivision, until such report has been filed. However, no suspension or 10 a revocation shall be made of a license or certificate of registration 11 of any police officer, correction officer, or firefighter involved in 12 [an accident] a crash while on duty for failure to report such [acci- 13 dent] crash within ten days thereof if a report has been filed by the 14 owner of such vehicle. 15 3. In the case of a non-resident the failure to report [an accident] a 16 crash as herein provided shall constitute ground for suspension or revo- 17 cation of his privileges of operating a motor vehicle in this state and 18 of the operation within this state of any motor vehicle owned by him. 19 4. When a report required by this section is made by an owner or an 20 operator of a fire vehicle, as defined by section one hundred fifteen-a 21 of this chapter, or a police vehicle, as defined by section one hundred 22 thirty-two-a of this chapter, when such [accident] crash occurred during 23 the operation of such vehicle in response to an emergency where the 24 operator was responding to a call to duty as a paid or volunteer member 25 of any fire department, or in the case of a police vehicle, when such 26 [accident] crash occurred during emergency operation, as defined by 27 section one hundred fourteen-b of this chapter, the commissioner shall 28 omit the event described in such report from the operator's external 29 license abstract. Provided, however, the commissioner shall not omit 30 the event described in such report from the operator's external license 31 abstract if as a result of such event such operator has either (i) been 32 charged with a violation of this chapter or of the penal law, unless the 33 commissioner receives evidence that such charge has been dismissed, or 34 that the action has otherwise been terminated in favor of the accused 35 pursuant to section 160.50 of the criminal procedure law, or that the 36 charge has otherwise been adjudicated in an administrative or other 37 proceeding in favor of the defendant operator or (ii) been found to have 38 been grossly negligent by a final order of a court of competent juris- 39 diction. 40 (b) Every person operating a bicycle which is in any manner involved 41 in [an accident] a crash on a public highway in this state in which any 42 person is killed, other than the operator, or suffers serious physical 43 injury as defined pursuant to subdivision ten of section 10.00 of the 44 penal law, shall within ten days after such operator learns of the fact 45 of such death or serious physical injury, report the matter in writing 46 to the commissioner. If such operator is physically incapable of making 47 such report within ten days, he or she shall make the report immediately 48 upon recovery from the physical incapacity. If such operator is an 49 unemancipated minor who is incapable of making such report for any 50 reason, the parent or guardian of such operator shall make such report 51 within ten days after learning of the fact of such [accident] crash. 52 Every such operator of a bicycle, or parent or guardian of such uneman- 53 cipated minor operator, shall make such other and additional reports as 54 the commissioner shall require. 55 (c) The report required by this section shall be made in such form and 56 number as the commissioner may prescribe. Such report shall include
A. 7096 30 1 information on the width and length of trucks, tractors, trailers and 2 semitrailers, which are in excess of ninety-five inches in width or 3 thirty-four feet in length and which are involved in such [accidents] 4 crashes, whether such [accident] crash took place in a work area and 5 whether it was being operated with an overweight or over dimension 6 permit. Such report shall distinctly indicate and include information as 7 to whether the inflatable restraint system inflated and deployed. 8 § 70. Section 606 of the vehicle and traffic law, as added by chapter 9 429 of the laws of 2015, is amended to read as follows: 10 § 606. Processing of required reports. The commissioner, when process- 11 ing reports of [accidents] crashes filed pursuant to this article, shall 12 give priority to reports involving serious physical injury (as defined 13 in subdivision ten of section 10.00 of the penal law) or death. 14 § 71. Paragraphs 2 and 3 of subdivision (m) of section 1111-a of the 15 vehicle and traffic law, paragraph 2 as amended and paragraph 3 as added 16 by chapter 658 of the laws of 2006, are amended to read as follows: 17 2. within each borough of such city, the aggregate number, type and 18 severity of [accidents] crashes reported at intersections where a traff- 19 ic-control signal photo violation-monitoring system is used for the year 20 preceding the installation of such system, to the extent the information 21 is maintained by the department of motor vehicles of this state; 22 3. within each borough of such city, the aggregate number, type and 23 severity of [accidents] crashes reported at intersections where a traff- 24 ic-control signal photo violation-monitoring system is used, to the 25 extent the information is maintained by the department of motor vehicles 26 of this state; 27 § 72. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the 28 vehicle and traffic law, as added by chapter 19 of the laws of 2009, are 29 amended to read as follows: 30 2. the aggregate number, type and severity of [accidents] crashes 31 reported at intersections where a traffic-control signal photo viola- 32 tion-monitoring system is used for the year preceding the installation 33 of such system, to the extent the information is maintained by the 34 department of motor vehicles of this state; 35 3. the aggregate number, type and severity of [accidents] crashes 36 reported at intersections where a traffic-control signal photo viola- 37 tion-monitoring system is used, to the extent the information is main- 38 tained by the department of motor vehicles of this state; 39 § 73. Paragraphs 2 and 3 of subdivision (m) of section 1111-b of the 40 vehicle and traffic law, as added by chapter 20 of the laws of 2009, are 41 amended to read as follows: 42 2. the aggregate number, type and severity of [accidents] crashes 43 reported at intersections where a traffic-control signal photo viola- 44 tion-monitoring system is used for the year preceding the installation 45 of such system, to the extent the information is maintained by the 46 department of motor vehicles of this state; 47 3. the aggregate number, type and severity of [accidents] crashes 48 reported at intersections where a traffic-control signal photo viola- 49 tion-monitoring system is used, to the extent the information is main- 50 tained by the department of motor vehicles of this state; 51 § 74. Paragraphs 2 and 3 of subdivision (m) of section 1111-b of the 52 vehicle and traffic law, as added by chapter 22 of the laws of 2009, are 53 amended to read as follows: 54 2. the aggregate number, type and severity of [accidents] crashes 55 reported at intersections where a traffic-control signal photo viola- 56 tion-monitoring system is used for the year preceding the installation
A. 7096 31 1 of such system, to the extent the information is maintained by the 2 department of motor vehicles of this state; 3 3. the aggregate number, type and severity of [accidents] crashes 4 reported at intersections where a traffic-control signal photo viola- 5 tion-monitoring system is used, to the extent the information is main- 6 tained by the department of motor vehicles of this state; 7 § 75. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the 8 vehicle and traffic law, as added by chapter 23 of the laws of 2009, are 9 amended to read as follows: 10 2. the aggregate number, type and severity of [accidents] crashes 11 reported at intersections where a traffic-control signal photo viola- 12 tion-monitoring system is used for the year preceding the installation 13 of such system, to the extent the information is maintained by the 14 department of motor vehicles of this state; 15 3. the aggregate number, type and severity of [accidents] crashes 16 reported at intersections where a traffic-control signal photo viola- 17 tion-monitoring system is used, to the extent the information is main- 18 tained by the department of motor vehicles of this state; 19 § 76. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the 20 vehicle and traffic law, as added by chapter 99 of the laws of 2014, are 21 amended to read as follows: 22 2. the aggregate number, type and severity of [accidents] crashes 23 reported at intersections where a traffic-control signal photo viola- 24 tion-monitoring system is used for the year preceding the installation 25 of such system, to the extent the information is maintained by the 26 department of motor vehicles of this state; 27 3. the aggregate number, type and severity of [accidents] crashes 28 reported at intersections where a traffic-control signal photo viola- 29 tion-monitoring system is used, to the extent the information is main- 30 tained by the department of motor vehicles of this state; 31 § 77. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the 32 vehicle and traffic law, as added by chapter 101 of the laws of 2014, 33 are amended to read as follows: 34 2. the aggregate number, type and severity of [accidents] crashes 35 reported at intersections where a traffic-control signal photo viola- 36 tion-monitoring system is used for the year preceding the installation 37 of such system, to the extent the information is maintained by the 38 department of motor vehicles of this state; 39 3. the aggregate number, type and severity of [accidents] crashes 40 reported at intersections where a traffic-control signal photo viola- 41 tion-monitoring system is used, to the extent the information is main- 42 tained by the department of motor vehicles of this state; 43 § 78. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the 44 vehicle and traffic law, as added by chapter 123 of the laws of 2014, 45 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 year preceding the installation 49 of such system, to the extent the information is maintained by the 50 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, to the extent the information is main- 54 tained by the department of motor vehicles of this state;
A. 7096 32 1 § 79. Paragraphs 2 and 3 of subdivision (m) of section 1111-e of the 2 vehicle and traffic law, as added by chapter 222 of the laws of 2015, 3 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 year preceding the installation 7 of such system, to the extent the information is maintained by the 8 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, to the extent the information is main- 12 tained by the department of motor vehicles of this state; 13 § 80. Section 1131 of the vehicle and traffic law, as amended by chap- 14 ter 294 of the laws of 2016, is amended to read as follows: 15 § 1131. Driving on shoulders and slopes. Except for bicycles and those 16 classes of vehicles required to travel on shoulders or slopes, no motor 17 vehicle shall be driven over, across, along, or within any shoulder or 18 slope of any state controlled-access highway except at a location 19 specifically authorized and posted by the department of transportation. 20 The foregoing limitation shall not prevent tow trucks from using shoul- 21 ders or slopes in as limited and incidental a manner as practicable when 22 dispatched to the scene of [an accident] a crash by a law enforcement 23 agency or an authority, department or agency having jurisdiction over 24 such controlled-access highway and all lanes are obstructed by traffic, 25 provided, however, that the foregoing shall not relieve the driver of a 26 tow truck from the duty to drive with due regard for the safety of all 27 persons nor shall such provision protect the tow truck driver from the 28 consequences of his or her reckless disregard for the safety of others 29 and shall at all times operate such tow truck in compliance with all 30 standards of care imposed to prevent those injuries or damages to 31 persons or property of another which may result from the operator's 32 negligence, recklessness or intentional misconduct, nor shall it prevent 33 motor vehicles from using shoulders or slopes when directed by police 34 officers or flagpersons, nor does it prevent motor vehicles from stop- 35 ping, standing, or parking on shoulders or slopes where such stopping, 36 standing, or parking is lawful. 37 § 81. Paragraph 1 of subdivision (c) of section 1146 of the vehicle 38 and traffic law, as amended by chapter 333 of the laws of 2010, is 39 amended to read as follows: 40 1. A driver of a motor vehicle who causes serious physical injury as 41 defined in article ten of the penal law to a pedestrian or bicyclist 42 while failing to exercise due care in violation of subdivision (a) of 43 this section, shall be guilty of a traffic infraction punishable by a 44 fine of not more than seven hundred fifty dollars or by imprisonment for 45 not more than fifteen days or by required participation in a motor vehi- 46 cle [accident] crash prevention course pursuant to paragraph (e-1) of 47 subdivision two of section 65.10 of the penal law or by any combination 48 of such fine, imprisonment or course, and by suspension of a license or 49 registration pursuant to subparagraph (xiv) or (xv) of paragraph b of 50 subdivision two of section five hundred ten of this chapter. 51 § 82. Paragraph 2 of subdivision (c) of section 1170 of the vehicle 52 and traffic law, as amended by chapter 501 of the laws of 2016, is 53 amended to read as follows: 54 2. Any person convicted of a violation of this section resulting in 55 [an accident] a crash which causes physical injury, as that term is 56 defined pursuant to subdivision nine of section 10.00 of the penal law,
A. 7096 33 1 serious physical injury, as that term is defined pursuant to subdivision 2 ten of section 10.00 of the penal law, or death to another person, shall 3 be guilty of a class E felony. 4 § 83. Subdivision 1 of section 1180-a of the vehicle and traffic law, 5 as amended by chapter 464 of the laws of 2003, is amended to read as 6 follows: 7 1. Notwithstanding any other provision of law, no city, village, town, 8 county, public authority, division, office or department of the state 9 shall maintain or create (a) any speed limit in excess of fifty-five 10 miles per hour on any road, highway, parkway or bridge or (b) any speed 11 limit on any other portion of a public highway, which is not uniformly 12 applicable to all types of motor vehicles using such portion of highway, 13 if on November first, nineteen hundred seventy-three, such portion of 14 highway had a speed limit which was uniformly applicable to all types of 15 motor vehicles using it; provided however, a lower speed limit may be 16 established for any vehicle operating under a special permit because of 17 any weight or dimension of such vehicle, including any load thereon, and 18 (c) provided further, paragraph (b) of this subdivision shall not apply 19 to any portion of a highway during such time that the condition of the 20 highway, weather, [an accident] a crash, or other condition creates a 21 temporary hazard to the safety of traffic on such portion of a highway. 22 However, the commissioner of the department of transportation may estab- 23 lish a maximum speed limit of not more than sixty-five miles per hour on 24 any state roadway which meets department criteria for such maximum 25 speed. 26 § 84. Subdivision 1 of section 1194 of the vehicle and traffic law, as 27 added by chapter 47 of the laws of 1988, is amended to read as follows: 28 1. Arrest and field testing. (a) Arrest. Notwithstanding the 29 provisions of section 140.10 of the criminal procedure law, a police 30 officer may, without a warrant, arrest a person, in case of a violation 31 of subdivision one of section eleven hundred ninety-two of this article, 32 if such violation is coupled with [an accident] a crash or collision in 33 which such person is involved, which in fact has been committed, though 34 not in the police officer's presence, when the officer has reasonable 35 cause to believe that the violation was committed by such person. 36 (b) Field testing. Every person operating a motor vehicle which has 37 been involved in [an accident] a crash or which is operated in violation 38 of any of the provisions of this chapter shall, at the request of a 39 police officer, submit to a breath test to be administered by the police 40 officer. If such test indicates that such operator has consumed alcohol, 41 the police officer may request such operator to submit to a chemical 42 test in the manner set forth in subdivision two of this section. 43 § 85. Paragraph (f) of subdivision 5 of section 1197 of the vehicle 44 and traffic law, as added by chapter 47 of the laws of 1988, is amended 45 to read as follows: 46 (f) Obtain and assemble data on alcohol-related [accident] crash 47 arrests, convictions and [accidents] crashes and to analyze, study, and 48 consolidate such data for educational, research and informational 49 purposes. 50 § 86. Section 1229-a of the vehicle and traffic law, as added by chap- 51 ter 654 of the laws of 1969 and as renumbered by chapter 274 of the laws 52 of 1971, is amended to read as follows: 53 § 1229-a. Pedestrians, animals, and non-motorized vehicles prohibited 54 on state expressway highways or state interstate route highways includ- 55 ing the entrances thereto and exits therefrom. No person, unless other- 56 wise directed by a police officer shall: (a) As a pedestrian, occupy any
A. 7096 34 1 space within the limits of a state expressway highway or state inter- 2 state route highway, including the entrances thereto and exits there- 3 from, except: in a rest area, parking area, or scenic overlook; in the 4 performance of public works or official duties; as a result of an emer- 5 gency caused by [an accident] a crash or breakdown of a motor vehicle or 6 to obtain assistance; where a sidewalk, footpath or pedestrian crossing 7 of such a highway is provided; (b) Occupy any space of a state express- 8 way highway or state interstate route highway, including the entrances 9 thereto and exits therefrom, with: an animal-drawn vehicle; herded 10 animals, a pushcart; a bicycle; except in the performance of public 11 works or official duties, or on paths or parts of such highway provided 12 for such uses. 13 § 87. Paragraph (b) of subdivision 2 of section 1229-b of the vehicle 14 and traffic law, as added by chapter 19 of the laws of 2000, is amended 15 to read as follows: 16 (b) Notwithstanding any other provision of this section to the contra- 17 ry, standing passengers may be permitted without limitation as to number 18 during the first ten days of session in each school year, and in circum- 19 stances where a breakdown, [accident] crash, or other unforeseen occur- 20 rence necessitates the transportation of standing passengers. 21 § 88. Subdivision (a) of section 1602 of the vehicle and traffic law, 22 as amended by chapter 498 of the laws of 1969, is amended to read as 23 follows: 24 (a) Whenever a police officer shall deem it advisable during a fire or 25 at the time of any [accident] crash or special emergency and only for 26 such period of time as is necessitated thereby for the public safety or 27 convenience, temporarily to close any street or part thereof to vehicu- 28 lar traffic, or to vehicles of a certain description, or to divert the 29 traffic thereof, or to divert or break a course of pedestrian traffic, 30 such official shall have power and authority to do so. 31 § 89. Subdivision 19 of section 1630 of the vehicle and traffic law, 32 as amended by chapter 795 of the laws of 1974, is amended to read as 33 follows: 34 19. Vehicles illegally parked, stopped or standing, or vehicles 35 involved in [accidents] crashes, including, but not limited to, the 36 removal and storage of such vehicles, the fixing of reasonable charges, 37 to be paid by the owner, operator or person entitled to possession, for 38 such removal and storage and for other expenses incurred in connection 39 therewith, the creation of liens on such vehicles for such charges and 40 expenses, the enforcement of such liens, the determination of ownership 41 or right to possession of such vehicles, the time before such vehicles 42 are deemed abandoned vehicles pursuant to section twelve hundred twen- 43 ty-four of this chapter, and the disposition of the proceeds of sales 44 held pursuant to said section. 45 § 90. Paragraph 20 of subdivision (a) of section 1642 of the vehicle 46 and traffic law, as amended by chapter 795 of the laws of 1974, is 47 amended to read as follows: 48 20. 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-
A. 7096 35 1 ty-four of this chapter, and the disposition of the proceeds of sales 2 held pursuant to said section. 3 § 91. Clause (iii) of subparagraph (b) of paragraph 27 of subdivision 4 (a) of section 1642 of the vehicle and traffic law, as amended by chap- 5 ter 248 of the laws of 2014, is amended to read as follows: 6 (iii) a comparison of the aggregate type, number, and severity of 7 [accidents] crashes reported on streets on which street calming measures 8 and lower speed limits were implemented in the year preceding the imple- 9 mentation of such measures and policies and the year following the 10 implementation of such measures and policies, to the extent this infor- 11 mation is maintained by any agency of the state or the city. 12 § 92. Section 1675 of the vehicle and traffic law, as amended by chap- 13 ter 669 of the laws of 1996, is amended to read as follows: 14 § 1675. Functions of the board. The board is authorized: 15 1. To promote and encourage street and highway traffic safety. 16 2. To formulate highway safety programs and coordinate efforts of 17 interested parties and agencies engaged in traffic safety education 18 within such city, town, borough or county. 19 3. To cooperate with local officials in the formulation and execution 20 of traffic safety programs and activities. 21 4. To study traffic conditions on streets and highways, study and 22 analyze reports of [accidents] crashes and causes thereof, and recommend 23 to the appropriate legislative bodies, departments or commissions, such 24 changes in rules, orders, regulations and existing law as the board may 25 deem advisable. 26 5. To conduct meetings whenever and wherever the board shall deem it 27 advisable and to invite to such meetings parties and agencies, public 28 and private, interested in traffic regulation, control and safety educa- 29 tion. 30 6. To promote safety education for drivers and pedestrians. 31 7. To obtain and assemble motor vehicle [accident] crash data, and to 32 analyze, study and consolidate such data for educational and informa- 33 tional purposes. 34 8. Coordinate and direct local activities related to the implementa- 35 tion of the state highway safety program, as approved by the governor or 36 his designee. 37 § 93. Subdivision 10 of section 2401 of the vehicle and traffic law, 38 as added by chapter 402 of the laws of 1986, is amended to read as 39 follows: 40 10. "Operation as emergency vehicle" shall mean the operation or park- 41 ing of an authorized emergency ATV, police or civil defense ATV, includ- 42 ing attendant equipment, displaying emergency lights as provided in 43 section twenty-four hundred six of this article and which ATV is engaged 44 in transporting a sick or injured person to the nearest medical facility 45 or appropriate site for transfer to an ambulance as defined in article 46 thirty of the public health law, transporting emergency medical 47 services, personnel and equipment to sick or injured persons, pursuing 48 an actual or suspected violator of the law or responding to, or working 49 or assisting at the scene of [an accident] a crash, disaster, police 50 call, alarm or other emergency but shall not include returning from such 51 service. 52 § 94. Section 2413 of the vehicle and traffic law, as added by chapter 53 402 of the laws of 1986, is amended to read as follows: 54 § 2413. [Accidents] Crashes; reports. 1. The operator of any ATV 55 involved in any [accident] crash resulting in injuries to or death of 56 any person or in which property damage in the estimated amount of six
A. 7096 36 1 hundred dollars or more is sustained, shall immediately notify the near- 2 est law enforcement agency and shall within ten days after such [acci- 3 dent] crash report the matter in writing to the department, with a copy 4 thereof to the sheriff or police commissioner of the county in which 5 said [accident] crash occurred. If such operator is physically incapable 6 of making such report and there is another participant in the [accident] 7 crash not so incapacitated such participant shall make the report within 8 the allotted time after such [accident] crash. In the event that there 9 is no other participant and the operator is other than the owner, then 10 the owner shall within the prescribed period of time, after learning of 11 the facts of such [accident] crash, report the matter to the department, 12 together with such information as may have come to his knowledge relat- 13 ing to such [accident] crash. Every such operator of an ATV, or partic- 14 ipant of any such [accident] crash, or the owner, of the ATV involved in 15 any such [accident] crash, shall make such other and additional reports 16 as the commissioner shall require. 17 2. Whenever any ATV meets with [an accident] a crash involving a loss 18 of life, personal injury or damage to property and the operator thereof 19 has knowledge of such [accident] crash, he shall stop and give his name 20 and address, the name and address of the owner thereof and the registra- 21 tion number assigned to said ATV to the injured person or the person 22 sustaining the damage, or to a peace or police officer. In the event the 23 person sustaining the damage is not present at the place where the 24 damage occurred, the operator shall, as soon as physically able, report 25 the same to the nearest law enforcement agency. 26 3. A peace, police, or judicial officer who investigates or receives 27 information of [an accident] a crash involving an ATV shall make a writ- 28 ten report of the investigation or information received, and such addi- 29 tional facts relating to the [accident] crash as may come to his know- 30 ledge and mail the same within forty-eight hours to the department and 31 keep a record thereof in his office. 32 4. Failure of any person to report [an accident] a crash as herein 33 provided or failure to give correctly the information required of him by 34 the commissioner in connection with such report shall be a misdemeanor 35 and shall constitute a ground for suspension or revocation of the ATV 36 safety certificate of any person or the certificate of registration of 37 any ATV involved in the [accident] crash. The commissioner may tempo- 38 rarily suspend the ATV safety certificate of the person failing to make 39 such report or the certificate of registration of the ATV involved in 40 the [accident] crash until such report has been filed. 41 § 95. Paragraph 1 of subdivision c of section 19-507.2 of the adminis- 42 trative code of the city of New York, as amended by local law number 30 43 of the city of New York for the year 2014, is amended to read as 44 follows: 45 (1) A taxicab or for-hire vehicle driver shall be eligible to receive 46 a three point reduction in the number of points assessed pursuant to the 47 critical driver program upon the submission to the commission of proof 48 of the satisfactory completion of a motor vehicle [accident] crash 49 prevention course approved by the department of motor vehicles. Such 50 point reduction shall be considered in computing the total number of 51 points accumulated by such driver as a result of violations which 52 occurred within fifteen months prior to the date of the completion of 53 the course. In the event that no commission approved course is avail- 54 able pursuant to paragraph one of subdivision a of section 19-507.1 of 55 this chapter, completion of a course taken pursuant to this paragraph 56 shall result in the removal of three points from either the number of
A. 7096 37 1 points accrued under the persistent violators program or from the number 2 of points accrued under the critical drivers program, but not from both, 3 upon the election of the driver who completes such course. 4 § 96. Section 3650-c of the education law, as added by section 71 of 5 part A of chapter 436 of the laws of 1997, is amended to read as 6 follows: 7 § 3650-c. [Accident] Crash report data base. The commissioner, in 8 consultation with the commissioner of motor vehicles, shall establish an 9 electronic data file containing [accident] crash reports relating to 10 school buses. 11 § 97. Paragraph (g) of subdivision 5 of section 396-z of the general 12 business law, as amended by chapter 731 of the laws of 2006, is amended 13 to read as follows: 14 (g) For purposes of this subdivision, an "incident report" shall be 15 defined as a motor vehicle [accident] crash report pursuant to section 16 six hundred five of the vehicle and traffic law or any similar appropri- 17 ate form furnished by the rental vehicle company. 18 § 98. Paragraph (a) of subdivision 6 of section 396-z of the general 19 business law, as amended by chapter 731 of the laws of 2006, is amended 20 to read as follows: 21 (a) A rental vehicle company may hold an authorized driver liable to 22 the extent permitted under this chapter for physical or mechanical 23 damage to the rental vehicle that occurs during the time the rental 24 vehicle is under the rental agreement; provided, however, that a renter 25 shall not be liable for mechanical damage unrelated to [an accident] a 26 crash, nor for any normal wear and tear or other mechanical damage that 27 could reasonably be expected from normal use of the vehicle, except in 28 instances where abuse or neglect by the driver is shown. For the 29 purposes of this subdivision, "actual and reasonable costs" shall mean 30 the repair price reduced by all discounts paid by the rental vehicle 31 company to the repairer of the vehicle, including costs for towing, 32 storage, and impound fees. 33 § 99. Subdivision 2 of section 396-z of the general business law, as 34 amended by chapter 66 of the laws of 1989 and as renumbered by chapter 1 35 of the laws of 1994, is amended to read as follows: 36 2. No rental vehicle company renting private passenger motor vehicles 37 shall, in rental agreements of not exceeding thirty continuous days, 38 hold an authorized driver liable for actual damage to, or loss of, such 39 rental vehicle (including loss of use), except where: (a) the damage or 40 loss is caused intentionally by an authorized driver or is caused by 41 such authorized driver's willful and wanton misconduct; (b) the damage 42 or loss arises out of an authorized driver's operation of the motor 43 vehicle while intoxicated by alcohol or impaired by the use of drugs 44 within the meaning of section eleven hundred ninety-two of the vehicle 45 and traffic law; (c) the damage or loss arises out of an authorized 46 driver's participation in any organized speed racing competition; (d) 47 the damage or loss arises out of the use of the vehicle when carrying 48 persons or property for hire; (e) the damage or loss arises out of the 49 use of the vehicle while an authorized driver is committing a felony or 50 otherwise engaged in a criminal act in which the damage or loss of such 51 vehicle is caused by such criminal activity; or (f) the authorized driv- 52 er fails to furnish the rental vehicle company a report of [an accident] 53 a crash and the rental vehicle company complies with the following 54 procedure: 55 (i) At return of the vehicle, at the termination of the rental 56 contract or within ten days if returned by automation or after-hours,
A. 7096 38 1 the rental vehicle company shall furnish [an accident] a crash report 2 and a notice, pursuant to this paragraph, of the authorized driver's 3 obligation to complete the [accident] crash report. 4 (ii) If the authorized driver declines or fails to complete the [acci- 5 dent] crash report, the rental vehicle company shall mail within ten 6 days a notice, by certified mail, return receipt requested and by regu- 7 lar mail, with proof of mailing by production of a certificate of mail- 8 ing from the post office, along with another [accident] crash report, 9 together with a letter stating that the authorized driver declined or 10 otherwise failed to complete the [accident] crash report and will be 11 held liable for damages to the rental vehicle for failing to complete 12 the [accident] crash report. 13 (iii) All notices shall be mailed to the authorized driver's address 14 as stated on his license, or other address as designated by him. 15 (iv) The authorized driver shall complete the [accident] crash report 16 within fifteen days of receipt of the notice. 17 (v) The notice as required by this paragraph shall be in at least 18 twelve point bold face type and shall contain the statement "Failure to 19 fill out [an accident] a crash report within fifteen days will make the 20 authorized driver liable for damages sustained to the rental vehicle". 21 (vi) For purposes of this paragraph, [an accident] a crash report 22 shall be defined as a motor vehicle [accident] crash report pursuant to 23 section six hundred five of the vehicle and traffic law or any similar 24 appropriate form furnished by the rental vehicle company. 25 (vii) Provided, however, if the authorized driver is physically inca- 26 pable of completing the report, the penalties hereunder shall lapse 27 until after he is able to complete the report and is notified that he 28 must complete the report as set forth in subparagraph (ii) of this para- 29 graph, and fails to do so. 30 (viii) Provided, further, thirty days prior to commencing an action 31 against the authorized driver, the rental vehicle company must provide 32 the authorized driver an additional opportunity to provide the [acci- 33 dent] crash report by providing a further notice along with another 34 [accident] crash report, by certified mail, return receipt requested and 35 by regular mail, with proof of mailing by production of a certificate of 36 mailing; and the rental vehicle company cannot hold an authorized driver 37 liable under this paragraph, if the authorized driver provides the 38 rental vehicle company with a completed [accident] crash report within 39 fifteen days of the receipt of the notice. 40 § 100. Paragraph 1 of subsection (f) of section 3420 of the insurance 41 law, as amended by chapter 305 of the laws of 1995, is amended to read 42 as follows: 43 (1) No policy insuring against loss resulting from liability imposed 44 by law for bodily injury or death suffered by any natural person arising 45 out of the ownership, maintenance and use of a motor vehicle by the 46 insured shall be issued or delivered by any authorized insurer upon any 47 motor vehicle then principally garaged or principally used in this state 48 unless it contains a provision whereby the insurer agrees that it will 49 pay to the insured, as defined in such provision, subject to the terms 50 and conditions set forth therein to be prescribed by the board of direc- 51 tors of the Motor Vehicle [Accident] Crash Indemnification Corporation 52 and approved by the superintendent, all sums, not exceeding a maximum 53 amount or limit of twenty-five thousand dollars exclusive of interest 54 and costs, on account of injury to and all sums, not exceeding a maximum 55 amount or limit of fifty thousand dollars exclusive of interest and 56 costs, on account of death of one person, in any one [accident] crash,
A. 7096 39 1 and the maximum amount or limit, subject to such limit for any one 2 person so injured of fifty thousand dollars or so killed of one hundred 3 thousand dollars, exclusive of interest and costs, on account of injury 4 to, or death of, more than one person in any one [accident] crash, which 5 the insured or his legal representative shall be entitled to recover as 6 damages from an owner or operator of an uninsured motor vehicle, uniden- 7 tified motor vehicle which leaves the scene of [an accident] a crash, a 8 motor vehicle registered in this state as to which at the time of the 9 [accident] crash there was not in effect a policy of liability insur- 10 ance, a stolen vehicle, a motor vehicle operated without permission of 11 the owner, an insured motor vehicle where the insurer disclaims liabil- 12 ity or denies coverage or an unregistered vehicle because of bodily 13 injury, sickness or disease, including death resulting therefrom, 14 sustained by the insured, caused by [accident] a crash occurring in this 15 state and arising out of the ownership, maintenance or use of such motor 16 vehicle. No payment for non-economic loss shall be made under such poli- 17 cy provision to a covered person unless such person has incurred a seri- 18 ous injury, as such terms are defined in section five thousand one 19 hundred two of this chapter. Such policy shall not duplicate any element 20 of basic economic loss provided for under article fifty-one of this 21 chapter. No payments of first party benefits for basic economic loss 22 made pursuant to such article shall diminish the obligations of the 23 insurer under this policy provision for the payment of non-economic loss 24 and economic loss in excess of basic economic loss. Notwithstanding any 25 inconsistent provisions of section three thousand four hundred twenty- 26 five of this article, any such policy which does not contain the afore- 27 said provisions shall be construed as if such provisions were embodied 28 therein. 29 § 101. Paragraphs 1, 2 and 3 of subsection (a) of section 5102 of the 30 insurance law, paragraph 1 as amended by chapter 298 of the laws of 2006 31 and paragraph 2 as amended by chapter 320 of the laws of 1991, are 32 amended to read as follows: 33 (1) All necessary expenses incurred for: (i) medical, hospital 34 (including services rendered in compliance with article forty-one of the 35 public health law, whether or not such services are rendered directly by 36 a hospital), surgical, nursing, dental, ambulance, x-ray, prescription 37 drug and prosthetic services; (ii) psychiatric, physical therapy 38 (provided that treatment is rendered pursuant to a referral) and occupa- 39 tional therapy and rehabilitation; (iii) any non-medical remedial care 40 and treatment rendered in accordance with a religious method of healing 41 recognized by the laws of this state; and (iv) any other professional 42 health services; all without limitation as to time, provided that within 43 one year after the date of the [accident] crash causing the injury it is 44 ascertainable that further expenses may be incurred as a result of the 45 injury. For the purpose of determining basic economic loss, the expenses 46 incurred under this paragraph shall be in accordance with the limita- 47 tions of section five thousand one hundred eight of this article. 48 (2) Loss of earnings from work which the person would have performed 49 had he not been injured, and reasonable and necessary expenses incurred 50 by such person in obtaining services in lieu of those that he would have 51 performed for income, up to two thousand dollars per month for not more 52 than three years from the date of the [accident] crash causing the inju- 53 ry. An employee who is entitled to receive monetary payments, pursuant 54 to statute or contract with the employer, or who receives voluntary 55 monetary benefits paid for by the employer, by reason of the employee's 56 inability to work because of personal injury arising out of the use or
A. 7096 40 1 operation of a motor vehicle, is not entitled to receive first party 2 benefits for "loss of earnings from work" to the extent that such mone- 3 tary payments or benefits from the employer do not result in the employ- 4 ee suffering a reduction in income or a reduction in the employee's 5 level of future benefits arising from a subsequent illness or injury. 6 (3) All other reasonable and necessary expenses incurred, up to twen- 7 ty-five dollars per day for not more than one year from the date of the 8 [accident] crash causing the injury. 9 § 102. Subsection (d) of section 5106 of the insurance law, as added 10 by chapter 452 of the laws of 2005, is amended to read as follows: 11 (d) Where there is reasonable belief more than one insurer would be 12 the source of first party benefits, the insurers may agree among them- 13 selves, if there is a valid basis therefor, that one of them will accept 14 and pay the claim initially. If there is no such agreement, then the 15 first insurer to whom notice of claim is given shall be responsible for 16 payment. Any such dispute shall be resolved in accordance with the arbi- 17 tration procedures established pursuant to section five thousand one 18 hundred five of this article and regulation as promulgated by the super- 19 intendent, and any insurer paying first-party benefits shall be reim- 20 bursed by other insurers for their proportionate share of the costs of 21 the claim and the allocated expenses of processing the claim, in accord- 22 ance with the provisions entitled "other coverage" contained in regu- 23 lation and the provisions entitled "other sources of first-party bene- 24 fits" contained in regulation. If there is no such insurer and the motor 25 vehicle [accident] crash occurs in this state, then an applicant who is 26 a qualified person as defined in article fifty-two of this chapter shall 27 institute the claim against motor vehicle [accident] crash indemnifica- 28 tion corporation. 29 § 103. The article heading of article 52 of the insurance law is 30 amended to read as follows: 31 ARTICLE 52 32 MOTOR VEHICLE [ACCIDENT] CRASH INDEMNIFICATION 33 CORPORATION 34 § 104. Subsections (f) and (j) of section 5202 of the insurance law 35 are amended to read as follows: 36 (f) "Corporation" means the "motor vehicle [accident] crash indemnifi- 37 cation corporation". 38 (j) "Financially irresponsible motorist" means the owner, operator, or 39 other person legally responsible for the operation of an uninsured motor 40 vehicle involved in [an accident] a crash resulting in personal injury 41 or death who did not have in effect at the time of such [accident] crash 42 either: 43 (1) a valid and collectible policy of bodily injury liability and 44 property damage liability insurance or bond with applicable limits at 45 least equal to those specified in section three hundred eleven of the 46 vehicle and traffic law; or 47 (2) a certificate of self insurance issued by the department of motor 48 vehicles pursuant to section three hundred sixteen of the vehicle and 49 traffic law; or 50 (3) who has not otherwise complied with the provisions of section 51 three hundred twelve of the vehicle and traffic law; or 52 (4) who does not have in effect at the time of such [accident] crash a 53 valid and collectible policy of bodily injury liability and property 54 damage liability insurance with applicable limits at least equal to 55 those specified in section 25.13 of the parks, recreation and historic 56 preservation law.
A. 7096 41 1 § 105. Subsection (f) of section 7602 of the insurance law is amended 2 to read as follows: 3 (f) "Motor vehicle [accident] crash" means either [an accident] a 4 crash occurring within or without this state arising out of the owner- 5 ship, operation or maintenance of a motor vehicle which is principally 6 garaged in this state or [an accident] a crash occurring within this 7 state arising out of the ownership, operation or maintenance of a motor 8 vehicle which is not principally garaged in this state. 9 § 106. Section 301-c of the military law, as added by chapter 489 of 10 the laws of 2011, is amended to read as follows: 11 [Accident] Crash prevention course information. The division of mili- 12 tary and naval affairs shall provide returning servicemen and women who 13 have returned from a combat theater or combat zone of operations with 14 information about [accident] crash prevention courses approved by the 15 commissioner of motor vehicles pursuant to article twelve-B of the vehi- 16 cle and traffic law. This information may be provided in written form to 17 be available at Yellow Ribbon Reintegration programs or any other rein- 18 tegration programs offered by the division or may be made available 19 online on the division's website. The division shall also provide a link 20 to the department of motor vehicles website pages containing information 21 about the [accident] crash prevention courses. 22 § 107. Paragraph (e-1) of subdivision 2 of section 65.10 of the penal 23 law, as added by chapter 571 of the laws of 2006, is amended to read as 24 follows: 25 (e-1) Participate in a motor vehicle [accident] crash prevention 26 course. The court may require such condition where a person has been 27 convicted of a traffic infraction for a violation of article twenty-six 28 of the vehicle and traffic law where the commission of such violation 29 caused the serious physical injury or death of another person. For 30 purposes of this paragraph, the term "motor vehicle [accident] crash 31 prevention course" shall mean a motor vehicle [accident] crash 32 prevention course approved by the department of motor vehicles pursuant 33 to article twelve-B of the vehicle and traffic law; 34 § 108. Section 387 of the public authorities law, as added by chapter 35 700 of the laws of 2004, is amended to read as follows: 36 § 387. Fees for searches and copies of [accident] crash and [accident] 37 crash reconstruction reports. Notwithstanding any other law to the 38 contrary, the fees for searching the records of the authority for [an 39 accident] a crash report, for furnishing a copy of [an accident] a crash 40 report, and for furnishing a copy of [an accident] a crash recon- 41 struction report shall not exceed the fees charged by the division of 42 state police pursuant to section sixty-six-a of the public officers law 43 and/or by the department of motor vehicles pursuant to section two 44 hundred two of the vehicle and traffic law, provided, however, that no 45 fee shall be charged to any public officer, board or body, or volunteer 46 fire company, for searches or copies of [accident] crash reports to be 47 used for a public purpose. 48 § 109. Section 66-a of the public officers law, as amended by chapter 49 169 of the laws of 1994 and subdivision 3 as added by chapter 179 of the 50 laws of 2000, is amended to read as follows: 51 § 66-a. [Accident] Crash reports kept by police authorities to be open 52 to the inspection of persons interested. 1. Notwithstanding any incon- 53 sistent provisions of law, general, special or local, or any limitation 54 contained in the provision of any city charter, all reports and records 55 of any [accident] crash, kept or maintained by the state police or by 56 the police department or force of any county, city, town, village or
A. 7096 42 1 other district of the state, shall be open to the inspection of any 2 person having an interest therein, or of such person's attorney or 3 agent, even though the state or a municipal corporation or other subdi- 4 vision thereof may have been involved in the [accident] crash; except 5 that the authorities having custody of such reports or records may 6 prescribe reasonable rules and regulations in regard to the time and 7 manner of such inspection, and may withhold from inspection any reports 8 or records the disclosure of which would interfere with the investi- 9 gation or prosecution by such authorities of a crime involved in or 10 connected with the [accident] crash. 11 2. Notwithstanding the provisions of section twenty-three hundred 12 seven of the civil practice law and rules, the public officers law, or 13 any other law to the contrary, the division of state police shall charge 14 fees for the search and copy of [accident] crash reports and photo- 15 graphs. A search fee of fifteen dollars per [accident] crash report 16 shall be charged, with no additional fee for a photocopy. An additional 17 fee of fifteen dollars shall be charged for a certified copy of any 18 [accident] crash report. A fee of twenty-five dollars per photograph or 19 contact sheet shall be charged. The fees for investigative reports 20 shall be the same as those for [accident] crash reports. 21 3. Notwithstanding the provisions of section twenty-three hundred 22 seven of the civil practice law and rules, this chapter, or any other 23 law to the contrary, the county of Nassau, upon adoption of a local law, 24 is hereby authorized to require the police department of the county of 25 Nassau to charge fees for the search and copy of [accident] crash 26 reports and photographs. A search fee of ten dollars per [accident] 27 crash report shall be charged, with no additional fee for a photocopy. 28 An additional fee of ten dollars shall be charged for a certified copy 29 of any [accident] crash report. A fee of fifteen dollars per photograph 30 or contact sheet shall be charged. The fees for investigative reports 31 shall be the same as those for [accident] crash reports. 32 § 110. Section 89-g of the state finance law, as added by chapter 751 33 of the laws of 2005, subdivisions 2 and 3 as renumbered by section 2 of 34 part D of chapter 58 of the laws of 2016, is amended to read as follows: 35 § 89-g. [Accident] Crash prevention course internet, and other tech- 36 nology pilot program fund. 1. There is hereby established in the joint 37 custody of the state comptroller and the commissioner of taxation and 38 finance a special fund to be known as the "[accident] crash prevention 39 course internet, and other technology pilot program fund". 40 2. The moneys in the [accident] crash prevention course internet, and 41 other technology pilot program fund shall be kept separate and shall not 42 be commingled with any other moneys in the custody of the commissioner 43 of taxation and finance and the state comptroller. 44 3. The moneys in such fund shall be expended only for the purposes of 45 administering and implementing the provisions of article twelve-C of the 46 vehicle and traffic law by the department of motor vehicles. 47 § 111. Section 217 of the transportation law, as added by chapter 428 48 of the laws of 1983 and subdivision 5 as amended, subdivision 7 as 49 added, and subdivision 8 as renumbered by chapter 84 of the laws of 50 1985, is amended to read as follows: 51 § 217. Powers and duties of the board. The board shall have the 52 following powers and duties: 53 1. To investigate [accidents] crashes occurring on or involving public 54 transportation facilities or systems whether publicly or privately owned 55 and report on the results of such investigations;
A. 7096 43 1 2. To establish within the board [an accident] a crash reporting 2 procedure and file for the purpose of accurate analysis of public trans- 3 portation safety and to prepare an annual [accident] crash report for 4 the governor and the legislature; 5 3. To review, in connection with the investigation of [accidents] 6 crashes, the safety, maintenance and training programs of public trans- 7 portation facilities or systems whether publicly or privately owned and 8 recommend the establishment of equipment and safety standards in 9 connection therewith; 10 4. To adopt, promulgate, amend and rescind suitable rules and regu- 11 lations to carry out the provisions and purposes of this article or to 12 enforce any standards established hereunder; 13 5. To hold hearings, issue reports, administer oaths or affirmations, 14 examine any person under oath or affirmation and to issue subpoenas 15 requiring the attendance and giving of testimony of witnesses and 16 require the production of any books, papers, documentary or other 17 evidence. The powers provided in this subdivision may be delegated by 18 the board to any member of the board or department employee assigned to 19 the board. A subpoena issued under this subdivision shall be regulated 20 by the civil practice law and rules; 21 6. To take or cause to be taken affidavits or depositions within or 22 without the state; 23 7. To enter upon any property where a public transportation [accident] 24 crash has occurred, or where a vehicle, appurtenance or other item 25 involved in any such [accident] crash is located, to fulfill the 26 requirements of article nine-b of this chapter. 27 8. To render each year to the governor and to the legislature a writ- 28 ten report of its activities. 29 § 112. Wherever the term "accident" appears in the vehicle and traffic 30 law, such term is hereby changed to "crash". 31 § 113. This act shall take effect immediately; provided, however, 32 that: 33 a. the amendments to article 12-C of the vehicle and traffic law, made 34 by sections forty-two through forty-seven of this act shall not affect 35 the repeal of such article and shall be deemed repealed therewith; 36 b. the amendments to paragraphs 2 and 3 of subdivision (m) of section 37 1111-a of the vehicle and traffic law made by section seventy-one of 38 this act shall not affect the repeal of such section and shall be deemed 39 repealed therewith; 40 c. the amendments to paragraphs 2 and 3 of subdivision (n) of section 41 1111-b of the vehicle and traffic law made by section seventy-two of 42 this act shall not affect the repeal of such section and shall be deemed 43 repealed therewith; 44 d. the amendments to paragraphs 2 and 3 of subdivision (m) of section 45 1111-b of the vehicle and traffic law made by section seventy-three of 46 this act shall not affect the repeal of such section and shall be deemed 47 repealed therewith; 48 e. the amendments to paragraphs 2 and 3 of subdivision (m) of section 49 1111-b of the vehicle and traffic law made by section seventy-four of 50 this act shall not affect the repeal of such section and shall be deemed 51 repealed therewith; 52 f. the amendments to paragraphs 2 and 3 of subdivision (n) of section 53 1111-b of the vehicle and traffic law made by section seventy-five of 54 this act shall not affect the repeal of such section and shall be deemed 55 repealed therewith;
A. 7096 44 1 g. the amendments to paragraphs 2 and 3 of subdivision (m) of section 2 1111-d of the vehicle and traffic law made by section seventy-six of 3 this act shall not affect the repeal of such section and shall be deemed 4 repealed therewith; 5 h. the amendments to paragraphs 2 and 3 of subdivision (m) of section 6 1111-d of the vehicle and traffic law made by section seventy-seven of 7 this act shall not affect the repeal of such section and shall be deemed 8 repealed therewith; 9 i. the amendments to paragraphs 2 and 3 of subdivision (m) of section 10 1111-d of the vehicle and traffic law made by section seventy-eight of 11 this act shall not affect the repeal of such section and shall be deemed 12 repealed therewith; 13 j. the amendments to paragraphs 2 and 3 of subdivision (m) of section 14 1111-e of the vehicle and traffic law made by section seventy-nine of 15 this act shall not affect the repeal of such section and shall be deemed 16 repealed therewith; 17 k. the amendments to paragraph (g) of subdivision 5 and paragraph (a) 18 of subdivision 6 of section 396-z of the general business law made by 19 sections ninety-seven and ninety-eight of this act shall be subject to 20 the expiration and reversion of such section pursuant to section 4 of 21 chapter 656 of the laws of 2002, as amended, when upon such date the 22 provisions of section ninety-nine of this act shall take effect; 23 l. the amendments to subdivision 3 of section 66-a of the public offi- 24 cers law made by section one hundred nine of this act shall not affect 25 the repeal of such subdivision and shall be deemed repealed therewith; 26 and 27 m. the amendments to section 89-g of the state finance law made by 28 section one hundred-ten of this act shall not affect the repeal of such 29 section and shall be deemed repealed therewith.