Bill Text: NY S07610 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the reporting of certain accidents involving vehicles, including electric scooters and bicycles with electric assist; requires reports to include information indicating whether certain accidents involved electric scooters and bicycles with electric assist.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07610 Detail]
Download: New_York-2023-S07610-Introduced.html
Bill Title: Requires the reporting of certain accidents involving vehicles, including electric scooters and bicycles with electric assist; requires reports to include information indicating whether certain accidents involved electric scooters and bicycles with electric assist.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07610 Detail]
Download: New_York-2023-S07610-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7610 2023-2024 Regular Sessions IN SENATE July 24, 2023 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to reporting accidents involving electric scooters and bicycles with electric assist The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 603 of the vehicle and traffic 2 law, as amended by chapter 432 of the laws of 1997, is amended to read 3 as follows: 4 1. Every police or judicial officer to whom an accident resulting in 5 injury to a person shall have been reported, pursuant to the foregoing 6 provisions of this chapter, shall immediately investigate the facts, or 7 cause the same to be investigated, and report the matter to the commis- 8 sioner forthwith; provided, however, that the report of the accident is 9 made to the police officer or judicial officer within five days after 10 such accident. Every coroner, or other official performing like func- 11 tions, shall likewise make a report to the commissioner with respect to 12 all deaths found to have been the result of motor vehicle [or], motorcy- 13 cle, electric scooter, or bicycle with electric assist accidents. Such 14 report shall include information regarding the type of vehicle involved 15 in such accident. Such report shall include information on the width and 16 length of trucks, tractors, trailers and semitrailers, which are in 17 excess of ninety-five inches in width or thirty-four feet in length and 18 which are involved in such accidents, whether such accident took place 19 in a work area and whether it was being operated with an overweight or 20 overdimension permit. Such report shall distinctly indicate and include 21 information as to whether the inflatable restraint system inflated and 22 deployed. Nothing contained in this subdivision shall be deemed to 23 preclude a police officer from reporting any other accident which, in 24 the judgment of such police officer, would be required to be reported to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10758-01-3S. 7610 2 1 the commissioner by the operator of a vehicle pursuant to section six 2 hundred five of this article. 3 § 2. Subdivision 1 of section 603-a of the vehicle and traffic law, as 4 amended by chapter 489 of the laws of 2017, paragraph (b) as amended by 5 chapter 27 of the laws of 2018, is amended to read as follows: 6 1. In addition to the requirements of section six hundred three of 7 this article, whenever a motor vehicle, electric scooter, or bicycle 8 with electric assist accident results in serious physical injury or 9 death to a person, and such accident either is discovered by a police 10 officer, or reported to a police officer within five days after such 11 accident occurred, the police shall conduct an investigation of such 12 accident. 13 (a) Such investigation shall be conducted for the purposes of making a 14 determination of the following: the facts and circumstances of the acci- 15 dent; the type or types of vehicles involved, including passenger motor 16 vehicles, commercial motor vehicles, motorcycles, limited use motorcy- 17 cles, off-highway motorcycles, electric scooters, bicycles with electric 18 assist and/or bicycles; whether pedestrians were involved; the contrib- 19 uting factor or factors; whether it can be determined if a violation or 20 violations of this chapter occurred, and if so, the specific provisions 21 of this chapter which were violated and by whom; and, the cause of such 22 accident, where such cause can be determined. 23 (b) When present at the scene of such accident, the investigating 24 officer shall also request that all operators of motor vehicles, elec- 25 tric scooters, and bicycles with electric assist involved in such acci- 26 dent submit to field testing as defined in section eleven hundred nine- 27 ty-four of this chapter provided there are reasonable grounds to believe 28 such motor vehicle, electric scooter, or bicycle with electric assist 29 operator committed a serious traffic violation in the same accident. The 30 results of such field testing or refusal of such testing shall be 31 included in the police investigation report. For the purposes of this 32 section, "serious traffic violation" shall mean operating a motor vehi- 33 cle, electric scooter, or bicycle with electric assist in violation of 34 any of the following provisions of this chapter: articles twenty-three, 35 twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine and 36 thirty and sections five hundred eleven, six hundred and twelve hundred 37 twelve. 38 (c) The police shall forward a copy of the investigation report to the 39 commissioner within five business days of the completion of such report. 40 § 3. Section 604 of the vehicle and traffic law is amended to read as 41 follows: 42 § 604. Reports; contents; preparation; distribution; filing. Reports 43 of accidents required under the preceding section, or under the rules 44 and regulations of the commissioner, shall be upon forms prepared by him 45 and contain such information as he shall prescribe; provided, however, 46 that such forms shall contain information to indicate whether such acci- 47 dent involved a motor vehicle, electric scooter, or bicycle with elec- 48 tric assist. Blank forms for such reports shall be printed by the 49 commissioner and a supply sent to all city, town and village clerks and 50 to the chief officer of every city police department for general 51 distribution and use as herein provided. Reports of accidents, required 52 under the preceding section, shall be sent to and filed with the commis- 53 sioner at the main office of the bureau of motor vehicles in the city of 54 Albany, except as otherwise provided by the rules and regulations of the 55 commissioner.S. 7610 3 1 § 4. Subdivisions (b) and (c) of section 605 of the vehicle and traf- 2 fic law, subdivision (b) as added by chapter 254 of the laws of 1989, 3 and subdivision (c) as amended by chapter 161 of the laws of 1996, are 4 amended to read as follows: 5 (b) Every person operating [a] an electric scooter, bicycle with elec- 6 tric assist, or bicycle which is in any manner involved in an accident 7 on a public highway in this state in which any person is killed, other 8 than the operator, or suffers serious physical injury as defined pursu- 9 ant to subdivision ten of section 10.00 of the penal law, shall within 10 ten days after such operator learns of the fact of such death or serious 11 physical injury, report the matter in writing to the commissioner. If 12 such operator is physically incapable of making such report within ten 13 days, he or she shall make the report immediately upon recovery from the 14 physical incapacity. If such operator is an unemancipated minor who is 15 incapable of making such report for any reason, the parent or guardian 16 of such operator shall make such report within ten days after learning 17 of the fact of such accident. Every such operator of [a] an electric 18 scooter, bicycle with electric assist, or bicycle, or parent or guardian 19 of such unemancipated minor operator, shall make such other and addi- 20 tional reports as the commissioner shall require. 21 (c) The report required by this section shall be made in such form and 22 number as the commissioner may prescribe. Such report shall include 23 information on the width and length of trucks, tractors, trailers and 24 semitrailers, which are in excess of ninety-five inches in width or 25 thirty-four feet in length and which are involved in such accidents, 26 whether such accident took place in a work area and whether it was being 27 operated with an overweight or over dimension permit. Such report shall 28 distinctly indicate and include information as to whether the inflatable 29 restraint system inflated and deployed. Such report shall indicate 30 whether the accident involved a motor vehicle, electric scooter, or 31 bicycle with electric assist. 32 § 5. This act shall take effect on the thirtieth day after it shall 33 have become a law. Effective immediately, the addition, amendment 34 and/or repeal of any rule or regulation necessary for the implementation 35 of this act on its effective date are authorized to be made and 36 completed on or before such date.
