Bill Text: NY S07610 | 2023-2024 | General Assembly | Amended

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-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7610--A

                               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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10758-03-3

        S. 7610--A                          2

     1  preclude a police officer from reporting any other  accident  which,  in
     2  the judgment of such police officer, would be required to be reported to
     3  the  commissioner  by  the operator of a vehicle pursuant to section six
     4  hundred five of this article.
     5    §  2.  Paragraph  (a) of subdivision 1 of section 603-a of the vehicle
     6  and traffic law, as amended by chapter 489  of  the  laws  of  2017,  is
     7  amended to read as follows:
     8    (a) Such investigation shall be conducted for the purposes of making a
     9  determination of the following: the facts and circumstances of the acci-
    10  dent;  the type or types of vehicles involved, including passenger motor
    11  vehicles, commercial motor vehicles, motorcycles, limited  use  motorcy-
    12  cles, off-highway motorcycles, electric scooters, bicycles with electric
    13  assist  and/or bicycles; whether pedestrians were involved; the contrib-
    14  uting factor or factors; whether it can be determined if a violation  or
    15  violations  of this chapter occurred, and if so, the specific provisions
    16  of this chapter which were violated and by whom; and, the cause of  such
    17  accident, where such cause can be determined.
    18    §  3. Section 604 of the vehicle and traffic law is amended to read as
    19  follows:
    20    § 604. Reports; contents; preparation; distribution; filing.   Reports
    21  of  accidents  required  under the preceding section, or under the rules
    22  and regulations of the commissioner, shall be upon forms prepared by him
    23  and contain such information as he shall prescribe;  provided,  however,
    24  that such forms shall contain information to indicate whether such acci-
    25  dent  involved  a motor vehicle, electric scooter, or bicycle with elec-
    26  tric assist.   Blank forms for such reports  shall  be  printed  by  the
    27  commissioner  and a supply sent to all city, town and village clerks and
    28  to the chief  officer  of  every  city  police  department  for  general
    29  distribution  and use as herein provided. Reports of accidents, required
    30  under the preceding section, shall be sent to and filed with the commis-
    31  sioner at the main office of the bureau of motor vehicles in the city of
    32  Albany, except as otherwise provided by the rules and regulations of the
    33  commissioner.
    34    § 4.  Subdivisions (b) and (c) of section 605 of the vehicle and traf-
    35  fic law, subdivision (b) as added by chapter 254 of the  laws  of  1989,
    36  and  subdivision  (c) as amended by chapter 161 of the laws of 1996, are
    37  amended to read as follows:
    38    (b) Every person operating [a] an electric scooter, bicycle with elec-
    39  tric assist, or bicycle which is in any manner involved in  an  accident
    40  on  a  public highway in this state in which any person is killed, other
    41  than the operator, or suffers serious physical injury as defined  pursu-
    42  ant  to  subdivision ten of section 10.00 of the penal law, shall within
    43  ten days after such operator learns of the fact of such death or serious
    44  physical injury, report the matter in writing to  the  commissioner.  If
    45  such  operator  is physically incapable of making such report within ten
    46  days, he or she shall make the report immediately upon recovery from the
    47  physical incapacity. If such operator is an unemancipated minor  who  is
    48  incapable  of  making such report for any reason, the parent or guardian
    49  of such operator shall make such report within ten days  after  learning
    50  of  the  fact  of such accident.  Every such operator of [a] an electric
    51  scooter, bicycle with electric assist, or bicycle, or parent or guardian
    52  of such unemancipated minor operator, shall make such  other  and  addi-
    53  tional reports as the commissioner shall require.
    54    (c) The report required by this section shall be made in such form and
    55  number  as  the  commissioner  may  prescribe. Such report shall include
    56  information on the width and length of trucks,  tractors,  trailers  and

        S. 7610--A                          3

     1  semitrailers,  which  are  in  excess  of ninety-five inches in width or
     2  thirty-four feet in length and which are  involved  in  such  accidents,
     3  whether such accident took place in a work area and whether it was being
     4  operated  with an overweight or over dimension permit. Such report shall
     5  distinctly indicate and include information as to whether the inflatable
     6  restraint system inflated and deployed.    Such  report  shall  indicate
     7  whether  the  accident  involved  a  motor vehicle, electric scooter, or
     8  bicycle with electric assist.
     9    § 5.  This act shall take effect on the thirtieth day after  it  shall
    10  have  become  a  law.    Effective  immediately, the addition, amendment
    11  and/or repeal of any rule or regulation necessary for the implementation
    12  of this act on  its  effective  date  are  authorized  to  be  made  and
    13  completed on or before such date.
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