A06448 Summary:

BILL NOA06448
 
SAME ASNo Same As
 
SPONSORFahy
 
COSPNSR
 
MLTSPNSR
 
Amd V & T L, generally; amd 19-507.2, NYC Ad Cd; amd 3650-c, Ed L; amd 396-z, Gen Bus L; amd 3420, 5102, 5106, 5202 & 7602, Art 52 Head, Ins L; amd 301-c, Mil L; amd 65.10, Pen L; amd 387, Pub Auth L; amd 66-a, Pub Off L; amd 89-g, St Fin L; amd 217, Transp L
 
Replaces each instance of the word accident with the word crash in relation to the vehicle and traffic law.
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A06448 Actions:

BILL NOA06448
 
03/07/2019referred to transportation
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A06448 Committee Votes:

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A06448 Floor Votes:

There are no votes for this bill in this legislative session.
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A06448 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6448
 
SPONSOR: Fahy
  TITLE OF BILL: 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 transportation law, in relation to replacing each instance of the word accident with the word crash; and to change the word accident to crash in the vehicle and traffic law   PURPOSE OR GENERAL IDEA OF BILL: to replace the word accident with the word crash in relation to the vehicle and traffic law.   SUMMARY OF PROVISIONS: Amends sections of the vehicle and traffic law, the administrative code of the city of New York, the education law, the general busin ess law, the insurance law, the military law, the penal law, the penal law, the public authorities law, the public officers law, the state finance law, and the transportation law, in relation to replacing each instance of the word accident with the word crash.   JUSTIFICATION: A growing number of safety advocates, including grassroots groups, news- papers, federal officials and state and local leaders across the country have moved away from using the term accident" when referring to roadway incidents. The word "accident" implies that there was no intent or fault, whereas such traffic incidents may be the result of unsafe driv- ing or negligence. The New York Times, among many newspapers has elimi- nated this terminology. Changing semantics will help to change a 100 year old mentality that trivializes the single most common cause of traffic accidents; human error.   PRIOR LEGISLATIVE HISTORY: 2017-18: A7096   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A06448 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6448
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2019
                                       ___________
 
        Introduced  by  M. of A. FAHY -- 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
    19  a person, firm, corporation, or other entity pursuant to a  contract  or
    20  other agreement with a political subdivision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02515-01-9

        A. 6448                             2
 
     1    § 3. Section 114-b of the vehicle and traffic law, as amended by chap-
     2  ter 460 of the laws of 1996, is amended to read as follows:
     3    § 114-b. Emergency operation. The operation, or parking, of an author-
     4  ized  emergency  vehicle, when such vehicle is engaged in transporting a
     5  sick or injured person,  transporting  prisoners,  delivering  blood  or
     6  blood  products in a situation involving an imminent health risk, pursu-
     7  ing an actual or suspected violator of the law,  or  responding  to,  or
     8  working  or  assisting  at the scene of [an accident] a crash, disaster,
     9  police call, alarm of fire, actual or  potential  release  of  hazardous
    10  materials  or  other  emergency.   Emergency operation shall not include
    11  returning from such service.
    12    § 4. Section 148-b of the vehicle and traffic law, as added by chapter
    13  552 of the laws of 1994, is amended to read as follows:
    14    § 148-b. Tow truck. A motor vehicle that tows or carries  a  disabled,
    15  illegally  parked or abandoned motor vehicle or a motor vehicle involved
    16  in [an accident] a crash.
    17    § 5. Subparagraph (i) of paragraph (i) of subdivision 1 of section 201
    18  of the vehicle and traffic law, as amended by section 2  of  part  E  of
    19  chapter 60 of the laws of 2005, is amended to read as follows:
    20    (i)   any  [accident]  crash  reports  filed  with  the  commissioner,
    21  conviction certificates, police reports, complaints, satisfied  judgment
    22  records, closed suspension and revocation orders, hearing records, other
    23  than  audio  tape  recordings  of  hearings,  significant correspondence
    24  relating to any of the same, and any other record on file after  remain-
    25  ing  on  file  for  four  years  except  that  if the commissioner shall
    26  receive, during the last year of such  period  of  four  years,  written
    27  notice to retain one or more of such papers or documents, the same shall
    28  be  retained  for  another four years in addition to said period of four
    29  years. The provisions of this paragraph shall not apply to  certificates
    30  of  conviction filed with respect to convictions which affect sentencing
    31  or administrative action required by law beyond such four  year  period.
    32  Such  certificates  may  be destroyed after they have no legal effect on
    33  sentencing or administrative action;
    34    § 6. Subdivision 6 of section 201 of the vehicle and traffic  law,  as
    35  amended  by  chapter  432  of  the  laws  of 1997, is amended to read as
    36  follows:
    37    6. Whenever any document  referred  to  in  subdivision  one  of  this
    38  section  is  filed  with  this  department when it is not required to be
    39  filed and is used by this department for no other purposes,  other  than
    40  for  statistics  or research, the document shall not be a public record.
    41  Provided, however, that [an accident] a crash  report  filed  with  this
    42  department  when  it  is  not required to be filed shall not be a public
    43  record except as follows:  for use by the state or any political  subdi-
    44  vision  thereof  for  no  other  purposes  other  than for statistics or
    45  research relating to highway safety; for any lawful purpose by a  person
    46  to  whom  such  report  pertains  or named in such report, or his or her
    47  authorized representative; and, for use by any other person, or  his  or
    48  her  authorized representative, who has demonstrated to the satisfaction
    49  of the commissioner that such person is or may be a  party  to  a  civil
    50  action  arising  out  of  the conduct described in such [accident] crash
    51  report.
    52    § 7. Subdivision 3 of section 202 of the vehicle and traffic  law,  as
    53  amended  by  chapter  169  of  the  laws  of 1994, is amended to read as
    54  follows:
    55    3. Fees for copies of documents. The fees  for  copies  of  documents,
    56  other  than  [accident]  crash  reports, shall be one dollar per page. A

        A. 6448                             3

     1  page shall consist of either a single or double side  of  any  document.
     2  The  fee  for  a  copy  of [an accident] a crash report shall be fifteen
     3  dollars. All copies of documents shall be  certified  at  no  additional
     4  fee.  Whenever  search  of  records  of  the  department  is required in
     5  conjunction with a request for a copy of a document, the  fee  for  such
     6  search  shall be the fee provided in paragraph (a) of subdivision two of
     7  this section. The result of such search will  be  the  locating  of  the
     8  document to be copied, or if no document can be located, a certification
     9  to that effect will be the result of the search.
    10    §  8.  Subdivision 1 of section 220 of the vehicle and traffic law, as
    11  added by chapter 574 of the laws of 1969, is amended to read as follows:
    12    (1) Notwithstanding any other provision of this chapter or other  law,
    13  whether  general,  special  or  local,  the  commissioner may permit the
    14  installation and  use  of  any  item  of  equipment  which  he,  in  his
    15  discretion,  determines will either reduce [accidents] crashes, injuries
    16  and fatalities, or otherwise contribute to highway safety.
    17    § 9. Paragraph a of subdivision 4 of section 250 of  the  vehicle  and
    18  traffic  law,  as amended by chapter 305 of the laws of 1995, is amended
    19  to read as follows:
    20    a. The provisions of this chapter  relative  to  the  registration  of
    21  motor vehicles, motorcycles and trailers and the display of registration
    22  numbers  shall not apply to a motor vehicle, motorcycle or trailer owned
    23  by a non-resident of the state who is a seasonal  farm  laborer,  for  a
    24  period  extending from the first day of April to and including the thir-
    25  tieth day of November in each year,  provided  that  the  owner  thereof
    26  shall  have complied with the provisions of the law of the foreign coun-
    27  try, state, territory or federal district of his residence  relative  to
    28  registration  of  such motor vehicle, motorcycle or trailer, as the case
    29  may be, and the display of registration numbers  thereof,  and  provided
    30  further  that  the owner thereof shall furnish proof to the commissioner
    31  that such owner has in effect with respect  to  such  motor  vehicle  an
    32  automobile liability policy issued by an insurance company authorized to
    33  do  business  in  this state or by an unauthorized insurer authorized to
    34  transact business in the jurisdiction of his residence in at  least  the
    35  amount  of  twenty-five  thousand dollars because of bodily injury to or
    36  fifty thousand dollars because of death of one person in any one  [acci-
    37  dent]  crash  and, subject to said limit for one person, in at least the
    38  amount of fifty thousand dollars because of  bodily  injury  to  or  one
    39  hundred  thousand dollars because of death of two or more persons in any
    40  [accident] crash, and in at least the amount  of  ten  thousand  dollars
    41  because  of  injury  to  or destruction of property of others in any one
    42  [accident] crash.
    43    § 10. Subdivision 1 of section 253 of the vehicle and traffic law,  as
    44  amended  by  chapter  216  of  the  laws  of 1992, is amended to read as
    45  follows:
    46    1. The use or operation by a non-resident of a vehicle in this  state,
    47  or  the use or operation in this state of a vehicle in the business of a
    48  non-resident, or the use or operation in this state of a  vehicle  owned
    49  by a non-resident if so used or operated with his permission, express or
    50  implied,  shall be deemed equivalent to an appointment by such non-resi-
    51  dent of the secretary of state to be his true and lawful  attorney  upon
    52  whom may be served the summons in any action against him, growing out of
    53  any  [accident]  crash  or  collision  in which such non-resident may be
    54  involved while using or operating such vehicle in this state or in which
    55  such vehicle may be involved while being used or operated in this  state
    56  in  the business of such non-resident or with the permission, express or

        A. 6448                             4
 
     1  implied, of such non-resident owner; and such use or operation shall  be
     2  deemed  a  signification  of his agreement that any such summons against
     3  him which is so served shall be of the same legal force and validity  as
     4  if  served on him personally within the state and within the territorial
     5  jurisdiction of the court from which the summons issues, and  that  such
     6  appointment  of  the secretary of state shall be irrevocable and binding
     7  upon his executor or administrator. Where  such  non-resident  has  died
     8  prior to the commencement of an action brought pursuant to this section,
     9  service  of  process  shall  be made on the executor or administrator of
    10  such non-resident in the same manner  and  on  the  same  notice  as  is
    11  provided  in  the  case of the non-resident himself. Where an action has
    12  been duly commenced under the provisions of this section against a  non-
    13  resident  who  dies  thereafter,  the  court must allow the action to be
    14  continued against his executor or administrator upon  motion  with  such
    15  notice as the court deems proper.
    16    §  11. Section 254 of the vehicle and traffic law, as amended by chap-
    17  ter 418 of the laws of 1964, is amended to read as follows:
    18    § 254. Service of summons on residents who depart from  state  and  on
    19  residents'  executors  or  administrators  who  are  nonresidents or who
    20  depart from state.  The provisions of section two hundred fifty-three of
    21  this chapter shall also apply (a) to a resident  who  departs  from  the
    22  state subsequent to the [accident] crash or collision and remains absent
    23  therefrom for thirty days continuously, whether such absence is intended
    24  to  be  temporary  or permanent, and to any executor or administrator of
    25  such resident, and (b) to an executor or administrator of a resident  if
    26  such executor or administrator is a nonresident or if, being a resident,
    27  he  departs  from the state and remains absent therefrom for thirty days
    28  continuously, whether such absence is intended to be temporary or perma-
    29  nent.
    30    § 12. Section 301-a of the vehicle and traffic law, as added by  chap-
    31  ter 634 of the laws of 1973, and subdivision 1 as amended by chapter 608
    32  of the laws of 1993, is amended to read as follows:
    33    § 301-a. Re-inspection  of  motor  vehicles involved in certain [acci-
    34  dents] crashes.  1. The commissioner may require that  a  motor  vehicle
    35  registered in this state or elsewhere which is required to be inspected,
    36  be  re-inspected  after  it  is involved in a property damage [accident]
    37  crash which is required to be reported to the motor vehicle  department.
    38  Such  re-inspection  shall  be made within sixty days of the date of the
    39  [accident] crash if the motor vehicle is driven away from the [accident]
    40  crash site. Such re-inspection shall be made before the vehicle is oper-
    41  ated on the public highways if the motor vehicle is towed or transported
    42  from the [accident] crash site, except that a motor vehicle may be driv-
    43  en from a repair shop to an inspection station for the purpose of  being
    44  re-inspected.
    45    2.  The  owner  of a car so damaged shall be required to submit to the
    46  department within the same time limit as provided in subdivision one  of
    47  this  section  satisfactory proof of re-inspection pursuant to rules and
    48  regulations to be promulgated by the commissioner.
    49    3. Failure to submit such proof of re-inspection  as  herein  provided
    50  shall  constitute  ground for suspension or revocation of his privileges
    51  of operating a motor vehicle in this state and of the  operation  within
    52  this state of any motor vehicle owned by him.
    53    §  13.  Subdivision 2 of section 310 of the vehicle and traffic law is
    54  amended to read as follows:
    55    (2) Declaration of purpose. The  legislature  is  concerned  over  the
    56  rising  toll  of motor vehicle [accidents] crashes and the suffering and

        A. 6448                             5
 
     1  loss thereby inflicted. The legislature determines that it is  a  matter
     2  of  grave concern that motorists shall be financially able to respond in
     3  damages for their negligent acts, so  that  innocent  victims  of  motor
     4  vehicle [accidents] crashes may be recompensed for the injury and finan-
     5  cial  loss inflicted upon them.  The legislature finds and declares that
     6  the public interest can best  be  served  in  satisfying  the  insurance
     7  requirements  of  this  article  by  private  enterprise  operating in a
     8  competitive market to provide proof of financial  security  through  the
     9  methods prescribed herein.
    10    § 14. Paragraph (a) of subdivision 4 of section 311 of the vehicle and
    11  traffic  law,  as amended by chapter 305 of the laws of 1995, is amended
    12  to read as follows:
    13    (a) Affording coverage as defined in the minimum provisions prescribed
    14  in a regulation which shall be  promulgated  by  the  superintendent  at
    15  least  ninety  days prior to effective date of this act. The superinten-
    16  dent before promulgating such  regulations  or  any  amendment  thereof,
    17  shall  consult  with all insurers licensed to write automobile liability
    18  insurance in this state and shall not prescribe minimum provisions which
    19  fail to reflect the provisions of automobile liability  insurance  poli-
    20  cies,  other than motor vehicle liability policies as defined in section
    21  three hundred forty-five of this chapter, issued within  this  state  at
    22  the  date of such regulation or amendment thereof.  Nothing contained in
    23  such regulation or in this  article  shall  prohibit  any  insurer  from
    24  affording  coverage  under an owner's policy of liability insurance more
    25  liberal than that required by  said  minimum  provisions.    Every  such
    26  owner's policy of liability insurance shall provide insurance subject to
    27  said  regulation  against  loss  from  the  liability imposed by law for
    28  damages, including damages for care and loss  of  services,  because  of
    29  bodily  injury to or death of any person and injury to or destruction of
    30  property arising out of the ownership, maintenance, use, or operation of
    31  a specific motor vehicle or motor vehicles within the state of New York,
    32  or elsewhere in the United States in North America or  the  Dominion  of
    33  Canada,  subject  to  a  limit,  exclusive  of  interest and costs, with
    34  respect to each such motor vehicle except a tow  truck,  of  twenty-five
    35  thousand  dollars  because  of  bodily  injuries  to  and fifty thousand
    36  dollars because of death of one person in any one [accident] crash  and,
    37  subject  to  said  limit  for  one  person, to a limit of fifty thousand
    38  dollars because of bodily injury to and  one  hundred  thousand  dollars
    39  because of death of two or more persons in any one [accident] crash, and
    40  to  a  limit of ten thousand dollars because of injury to or destruction
    41  of property of others in any one  [accident]  crash  provided,  however,
    42  that such policy need not be for a period coterminous with the registra-
    43  tion period of the vehicle insured. The limit, exclusive of interest and
    44  costs,  with  respect to a tow truck shall be a combined single limit of
    45  at least three hundred thousand dollars  because  of  bodily  injury  or
    46  death  to  one  or  more  persons or because of injury or destruction of
    47  property of others in any one [accident] crash, and to a limit of  twen-
    48  ty-five  thousand  dollars  because  of damage to a vehicle in the care,
    49  custody and control of the insured. Any insurer authorized to  issue  an
    50  owner's  policy  of  liability insurance as provided for in this article
    51  may, pending the issue of such a policy, make an agreement, to be  known
    52  as  a binder, or may, in lieu of such a policy, issue a renewal endorse-
    53  ment or evidence of renewal of an existing policy; each of  which  shall
    54  be  construed  to  provide indemnity or protection in like manner and to
    55  the same extent as such a policy. The provisions of this  article  shall
    56  apply  to  such  binders,  renewal endorsements or evidences of renewal.

        A. 6448                             6
 
     1  Every such policy issued insuring private passenger vehicles  and  every
     2  renewal policy, renewal endorsement, or other evidence of renewal issued
     3  shall  have  attached  thereto  a  rating information form which clearly
     4  specifies  and  defines  the  rating  classification  assigned  thereto,
     5  including any applicable merit rating plan; and
     6    § 15. Subdivision 1 of section 315 of the vehicle and traffic  law  is
     7  amended to read as follows:
     8    1. The commissioner, upon the surrender of the registration and number
     9  plates for a motor vehicle for which a financial security bond or depos-
    10  it  was  accepted  by the commissioner, shall permit the cancellation of
    11  any such bond or shall direct that any such deposit be returned  by  the
    12  commissioner of taxation and finance. The commissioner shall not release
    13  such  bond or deposit in the event any action for damages upon a liabil-
    14  ity referred to in this article is then pending or any judgment upon any
    15  such liability then outstanding and unsatisfied, or  in  the  event  the
    16  commissioner  has received notice that such person has within the period
    17  of three months immediately preceding been involved as a driver  in  any
    18  motor  vehicle  [accident] crash.  An affidavit of the applicant of non-
    19  existence of such facts shall be  sufficient  evidence  thereof  in  the
    20  absence of evidence to the contrary in the records of the bureau.
    21    §  16.  Section 316 of the vehicle and traffic law, the third undesig-
    22  nated paragraph as amended by chapter 511 of the laws of 1999,  and  the
    23  fourth  undesignated  paragraph  as  added by chapter 316 of the laws of
    24  1972, is amended to read as follows:
    25    § 316. Self-insurers. The commissioner, in his  discretion,  may  upon
    26  the  application of a person having registered in his name in this state
    27  more than twenty-five motor vehicles, issue a certificate of  self-insu-
    28  rance  when he is reasonably satisfied that such person is possessed and
    29  will continue to be possessed of financial ability to respond  to  judg-
    30  ments  obtained against such person, arising out of the ownership, main-
    31  tenance, use or operation of any such person's motor vehicles. Upon  due
    32  notice  and  hearing,  the  commissioner may, in his discretion and upon
    33  reasonable grounds, cancel a certificate of self-insurance.
    34    As a condition to the issuance of a certificate of self-insurance, the
    35  registrant shall pay annually in addition to any other fee prescribed by
    36  this chapter, a fee of one dollar and fifty cents for each motor vehicle
    37  registered in his name and the aggregate amount of such  fees  shall  be
    38  applied  in reduction of the assessment levied pursuant to section three
    39  hundred seventeen of this article.
    40    As a further condition to the issuance of a certificate of  self-insu-
    41  rance,  the  registrant  shall pay annually in addition to any other fee
    42  prescribed by this chapter, an amount per vehicle to  be  determined  by
    43  the  Motor Vehicle [Accident] Crash Indemnification Corporation pursuant
    44  to section five thousand two hundred seven of the insurance law for each
    45  motor vehicle registered in his name and the aggregate  amount  of  such
    46  fees  shall  be  transmitted  by  the  commissioner to the Motor Vehicle
    47  [Accident]  Crash  Indemnification  Corporation  continued  pursuant  to
    48  section  five  thousand  two  hundred  three  of the insurance law to be
    49  applied in reduction of assessments levied by said corporation  pursuant
    50  to section five thousand two hundred seven of the insurance law.
    51    Notwithstanding  the provisions of any other section, for the purposes
    52  of this section, the term "motor vehicle" shall include "snowmobiles" as
    53  defined by subdivision [six of § 8-0105 of the conservation law] one  of
    54  section twenty-two hundred twenty-one of this chapter.

        A. 6448                             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. 6448                             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. 6448                             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. 6448                            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. 6448                            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. 6448                            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. 6448                            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. 6448                            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] article.
    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. 6448                            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. 6448                            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 article, 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. 6448                            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 of this title.
    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. 6448                            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. 6448                            19
 
     1  complete until all information and material required by this chapter and
     2  by regulation of the commissioner has been submitted.
     3    §  41. Section 399-f of the vehicle and traffic law, as added by chap-
     4  ter 290 of the laws of 1998, is amended to read as follows:
     5    § 399-f. Proof of effectiveness. Proof of effectiveness shall be veri-
     6  fiable research documentation submitted by the applicant for sponsorship
     7  showing evidence of effectiveness comparable to  that  of  the  national
     8  safety  council's  defensive driving course as determined by the commis-
     9  sioner in terms of reduced convictions or [accidents] crashes  or  both.
    10  This  research  documentation  shall employ accepted research principles
    11  and include treatment and  non-treatment  control  groups  comprised  of
    12  samples of the representative driver base. In order to establish verifi-
    13  able  effectiveness,  each sample group should be comprised of a minimum
    14  of three thousand drivers selected  randomly.  The  documentation  shall
    15  include  conviction  or  [accident]  crash  data for each motorist for a
    16  period of at least eighteen months prior to the course  completion  date
    17  and  at  least  eighteen  months subsequent to such date, and equivalent
    18  time periods for non-treatment control groups. The  documentation  shall
    19  also include a description of the sampling and analytic procedures used,
    20  and  the  motorist  identification number and course completion date for
    21  all course attendees. The applicant for sponsorship  shall  provide,  at
    22  the  request  of  the  commissioner  and at the applicant's expense, all
    23  driving record data and analysis used in the development of the  submit-
    24  ted  research  documentation.  Submission  of  any  fraudulent or inten-
    25  tionally misleading data  will  disqualify  that  organization  and  all
    26  owners  and  principals from participating or approval in the [accident]
    27  crash prevention course for a period of ten years from submission  date.
    28  The  commissioner may, by regulation, provide for a smaller sample group
    29  for specialized courses.
    30    § 42. The article heading of article 12-C of the vehicle  and  traffic
    31  law,  as added by chapter 751 of the laws of 2005, is amended to read as
    32  follows:
    33    [ACCIDENT] CRASH PREVENTION  COURSE  INTERNET,  AND  OTHER  TECHNOLOGY
    34  PILOT PROGRAM
    35    §  43. Section 399-k of the vehicle and traffic law, as added by chap-
    36  ter 751 of the laws of 2005, is amended to read as follows:
    37    § 399-k. [Accident] Crash prevention course internet technology  pilot
    38  program.  The commissioner shall establish and implement a comprehensive
    39  pilot program to review and study internet, and  other  technologies  as
    40  approved  by  the  commissioner,  as  a training method for the adminis-
    41  tration and completion of an approved [accident] crash prevention course
    42  for the purposes of granting point and insurance premium reduction bene-
    43  fits.
    44    § 44. Section 399-l of the vehicle and  traffic  law,  as  amended  by
    45  section  1  of  part UU of chapter 59 of the laws of 2018, is amended to
    46  read as follows:
    47    § 399-l.  Application.  Applicants  for  participation  in  the  pilot
    48  program established pursuant to this article shall be among those [acci-
    49  dent]  crash  prevention  course  sponsoring agencies that have a course
    50  approved by the commissioner pursuant to article twelve-B of this  title
    51  prior  to  the  effective  date  of  this article and which deliver such
    52  course to the public. Provided, however, the commissioner may, in his or
    53  her discretion, approve applications after such date.  In  order  to  be
    54  approved for participation in such pilot program, the course must comply
    55  with  the  provisions  of law, rules and regulations applicable thereto.
    56  The commissioner may, in his or her discretion, impose  a  fee  for  the

        A. 6448                            20
 
     1  submission  of  each  application  to  participate  in the pilot program
     2  established pursuant to this article. Such fee shall  not  exceed  seven
     3  thousand five hundred dollars.
     4    §  45. Section 399-m of the vehicle and traffic law, as added by chap-
     5  ter 751 of the laws of 2005, is amended to read as follows:
     6    § 399-m. Pilot program scope  and  duration.  The  commissioner  shall
     7  conduct  a  pilot  program  designed to evaluate utilizing internet, and
     8  other technologies as  approved  by  the  commissioner,  for  delivering
     9  [accident]  crash  prevention  courses  for  point and insurance premium
    10  reduction benefits to the public by permitting qualifying applicants  to
    11  participate in the pilot program for a period of five years.
    12    §  46. Section 399-n of the vehicle and traffic law, as added by chap-
    13  ter 751 of the laws of 2005, is amended to read as follows:
    14    § 399-n. Regulations. 1. The commissioner is authorized  and  directed
    15  to  promulgate  any  rules  and  regulations  necessary to implement the
    16  provisions of this article and to insure that internet, and other  tech-
    17  nology  as  approved  by  the  commissioner,  delivered [accident] crash
    18  prevention courses established pursuant to this  article  can  validate:
    19  student  identity  at  registration  and  throughout the course; partic-
    20  ipation throughout the course; that the time requirements are  met;  and
    21  successful  completion  of the course. Provided, however, that any rules
    22  and regulations promulgated pursuant to this article shall not stipulate
    23  any particular location for delivery of [an accident] a crash prevention
    24  course or limit the time of day during which such course may be taken.
    25    2. The commissioner is authorized to impose a fee upon each [accident]
    26  crash prevention course sponsoring agency approved for participation  in
    27  the pilot program, which shall not exceed eight dollars for each student
    28  who  completes  [an  accident] a crash prevention course by means of the
    29  pilot program established pursuant to this article.
    30    § 47. Section 399-o of the vehicle and traffic law, as added by  chap-
    31  ter 751 of the laws of 2005, is amended to read as follows:
    32    §  399-o.  Report by commissioner. Within five years of the establish-
    33  ment and implementation of this article, the commissioner  shall  report
    34  to  the  governor, the temporary president of the senate and the speaker
    35  of the assembly on the [accident] crash prevention course internet,  and
    36  other  technology as approved by the commissioner, pilot program and its
    37  results. Such report shall include recommendations as to the future  use
    38  of  internet  and other technologies as an effective way, in addition to
    39  classroom presentation, to deliver to  the  public  approved  [accident]
    40  crash  prevention  courses,  and qualifications for participants in such
    41  approved internet and other technology-delivered programs.
    42    § 48. Paragraph (e) of subdivision 4 of section 503 of the vehicle and
    43  traffic law, as added by section 2 of part E of chapter 59 of  the  laws
    44  of 2004, is amended to read as follows:
    45    (e)  Any  completion  of  a  motor vehicle [accident] crash prevention
    46  course approved pursuant to article twelve-B of this chapter  shall  not
    47  serve  to  reduce the calculation of points on a person's driving record
    48  for the purposes of this section.
    49    § 49. Subdivision 2 of section 506 of the vehicle and traffic law,  as
    50  added by chapter 780 of the laws of 1972, is amended to read as follows:
    51    2.  The commissioner may require every person holding a license issued
    52  pursuant to this article to submit to such an examination  as  shall  be
    53  determined  by him to be appropriate if such person has been involved in
    54  three [accidents] crashes while driving a motor  vehicle  or  motorcycle
    55  within  a  period  of  eighteen months, if such [accidents] crashes were
    56  required to be reported by section six hundred five of this chapter.

        A. 6448                            21
 
     1    § 50. Subdivision 7 of section 509-a of the vehicle and  traffic  law,
     2  as  added  by  chapter  599  of  the laws of 1993, is amended to read as
     3  follows:
     4    (7)  [accident]  crash shall include any [accident] crash with another
     5  vehicle, object or person, which occurs in this state or  elsewhere,  in
     6  which any person is killed or injured, or in which damage to the proper-
     7  ty  of any one person, including the operator, in excess of one thousand
     8  five hundred dollars is sustained, or in which damage in excess  of  two
     9  thousand  five  hundred  dollars  is  sustained to any bus as defined in
    10  section one hundred four of this chapter; provided however  that  [acci-
    11  dents] crashes occurring outside this state shall not be recorded on the
    12  driver's license record.
    13    §  51. Subdivisions 1 and 3 of section 509-bb of the vehicle and traf-
    14  fic law, as added by chapter 599 of the laws of  1993,  are  amended  to
    15  read as follows:
    16    (1)  Any  person  employed  as a bus driver who has on three occasions
    17  been the operator of a motor vehicle involved in [an accident]  a  crash
    18  of  a  nature  or  type set forth in section five hundred nine-a of this
    19  article, where such [accidents] crashes  occurred  within  an  eighteen-
    20  month  period, shall be subject to reexamination, including a road test,
    21  as provided in this section; provided, however, that if such  person  is
    22  subject to a period of disqualification pursuant to section five hundred
    23  nine-c or five hundred nine-cc of this article, such reexamination shall
    24  occur  not  more  than  forty-five  days prior to the completion of such
    25  period of disqualification;  and  provided,  further,  that  [accidents]
    26  crashes  in  which  the driver was completely without fault shall not be
    27  included in determining whether such reexamination is required.
    28    (3) For purposes of this section, one such [accident] crash shall  not
    29  be  counted  if the person successfully completes a motor vehicle [acci-
    30  dent] crash prevention course approved by the commissioner.
    31    § 52. Subparagraph (iv) of paragraph (b) and paragraphs (d),  (e)  and
    32  (f)  of  subdivision 1 and subparagraph (iii) of paragraph (b) and para-
    33  graphs (d), (e) and (f) of subdivision 2 of section 509-c of the vehicle
    34  and traffic law, subparagraph (iv) of paragraph (b) of subdivision 1 and
    35  subparagraph (iii) of paragraph (b) of subdivision 2 as amended by chap-
    36  ter 360 of the laws of 1986, paragraph (d) of subdivision  1  and  para-
    37  graph (d) of subdivision 2 as amended by chapter 599 of the laws of 1993
    38  and  paragraphs  (e) and (f) of subdivision 1 and paragraphs (e) and (f)
    39  of subdivision 2 as added by chapter  599  of  the  laws  of  1993,  are
    40  amended to read as follows:
    41    (iv)  has been convicted of leaving the scene of [an accident] a crash
    42  which resulted in personal injury or  death  under  subdivision  two  of
    43  section  six  hundred of this chapter or an offense committed outside of
    44  this state which would constitute a  violation  of  subdivision  two  of
    45  section  six hundred of this chapter. Such disqualification shall be for
    46  a period of three years if such conviction occurred prior  to  September
    47  fifteenth, nineteen hundred eighty-five; or
    48    (d)  for  a period of one year, if that person has accumulated nine or
    49  more points on his or her driving record for acts that  occurred  during
    50  an  eighteen  month  period  on  or  after September fifteenth, nineteen
    51  hundred eighty-five, provided, however, that the disqualification  shall
    52  terminate if the person has reduced the points to less than nine through
    53  the successful completion of a motor vehicle [accident] crash prevention
    54  course.
    55    (e)  for  a  period  of one year, if that person was the operator of a
    56  motor vehicle involved in two or more [accidents] crashes  of  a  nature

        A. 6448                            22
 
     1  and type set forth in section five hundred nine-a of this article, where
     2  such  [accidents]  crashes  occurred  within  an  eighteen-month  period
     3  following a reexamination conducted pursuant  to  section  five  hundred
     4  nine-bb  of this article, provided that [accidents] crashes in which the
     5  driver was completely without fault shall not be included in determining
     6  whether such disqualification is required;
     7    (f) for a period of one year, if that person fails to pass a road test
     8  administered pursuant to section five hundred nine-bb of  this  article;
     9  provided,  however,  that  such person shall be given the opportunity to
    10  complete a motor vehicle [accident] crash prevention course approved  by
    11  the  commissioner  and  to  then undergo a second road test administered
    12  pursuant to section five hundred  nine-bb  of  this  article,  and  such
    13  disqualification  shall  cease  if  such  person passes such second road
    14  test.
    15    (iii) has been convicted of leaving the scene of [an accident] a crash
    16  which resulted in personal injury or  death  under  subdivision  two  of
    17  section  six  hundred of this chapter or an offense committed outside of
    18  this state which would constitute a  violation  of  subdivision  two  of
    19  section six hundred of this chapter; or
    20    (d)  for a period of one year, if that person accumulates nine or more
    21  points on his or her driving record for acts occurring during  an  eigh-
    22  teen  month  period,  provided, however, that the disqualification shall
    23  terminate if the person has reduced the points to less than nine through
    24  the successful completion of a motor vehicle [accident] crash prevention
    25  course.
    26    (e) for a period of one year, if that person was  the  operator  of  a
    27  motor  vehicle  involved  in two or more [accidents] crashes of a nature
    28  and type set forth in section five hundred nine-a of this article, where
    29  such  [accidents]  crashes  occurred  within  an  eighteen-month  period
    30  following  a  reexamination  conducted  pursuant to section five hundred
    31  nine-bb of this article, provided that [accidents] crashes in which  the
    32  driver was completely without fault shall not be included in determining
    33  whether such disqualification is required;
    34    (f) for a period of one year, if that person fails to pass a road test
    35  administered  pursuant  to section five hundred nine-bb of this article;
    36  provided, however, that such person shall be given  the  opportunity  to
    37  complete  a motor vehicle [accident] crash prevention course approved by
    38  the commissioner and to then undergo a  second  road  test  administered
    39  pursuant  to  section  five  hundred  nine-bb  of this article, and such
    40  disqualification shall cease if such  person  passes  such  second  road
    41  test.
    42    §  53.  Subparagraph  (v) of paragraph (b) and paragraphs (d), (e) and
    43  (f) of subdivision 1, subparagraph (iv) of paragraph (c) and  paragraphs
    44  (e),  (f)  and (g) of subdivision 2 of section 509-cc of the vehicle and
    45  traffic law, subparagraph (v) of paragraph (b) of subdivision 1 as added
    46  by chapter 675 of the laws of 1985, paragraph (d) of subdivision  1  and
    47  paragraph  (e) of subdivision 2 as amended by chapter 599 of the laws of
    48  1993, paragraphs (e) and (f) of subdivision 1 and paragraphs (f) and (g)
    49  of subdivision 2 as added by chapter  599  of  the  laws  of  1993,  and
    50  subparagraph  (iv) of paragraph (c) of subdivision 2 as amended by chap-
    51  ter 360 of the laws of 1986, are amended to read as follows:
    52    (v) has been convicted of leaving the scene of [an accident]  a  crash
    53  which  resulted in personal injury or death under section six hundred of
    54  this chapter or an offense committed outside of this state  which  would
    55  constitute a violation of section six hundred of this chapter.

        A. 6448                            23
 
     1    (d)  for  a period of one year, if that person has accumulated nine or
     2  more points on his or her driving record for acts that  occurred  during
     3  an  eighteen  month  period  on  or  after September fifteenth, nineteen
     4  hundred eighty-five, provided, however, that the disqualification  shall
     5  terminate if the person has reduced the points to less than nine through
     6  the successful completion of a motor vehicle [accident] crash prevention
     7  course.
     8    (e)  for a period of one year, if that person or was the operator of a
     9  motor vehicle involved in two or more [accidents] crashes  of  a  nature
    10  and type set forth in section five hundred nine-a of this article, where
    11  such  [accidents]  crashes  occurred  within  an  eighteen-month  period
    12  following a reexamination conducted pursuant  to  section  five  hundred
    13  nine-bb  of this article, provided that [accidents] crashes in which the
    14  driver was completely without fault shall not be included in determining
    15  whether such disqualification is required;
    16    (f) for a period of one year, if that person fails to pass a road test
    17  administered pursuant to section five hundred nine-bb of  this  article;
    18  provided,  however,  that  such person shall be given the opportunity to
    19  complete a motor vehicle [accident] crash prevention course approved  by
    20  the  commissioner  and  to  then undergo a second road test administered
    21  pursuant to section five hundred  nine-bb  of  this  article,  and  such
    22  disqualification  shall  cease  if  such  person passes such second road
    23  test.
    24    (iv) has been convicted of leaving the scene of [an accident] a  crash
    25  which  resulted  in  personal  injury  or death under subdivision two of
    26  section six hundred of this chapter or an offense committed  outside  of
    27  this  state  which  would  constitute  a violation of subdivision two of
    28  section six hundred of this chapter; or
    29    (e) for a period of one year, if that person accumulates nine or  more
    30  points  on  his or her driving record for acts occurring during an eigh-
    31  teen month period, provided, however, that  the  disqualification  shall
    32  terminate if the person has reduced the points to less than nine through
    33  the successful completion of a motor vehicle [accident] crash prevention
    34  course.
    35    (f)  for  a  period  of one year, if that person was the operator of a
    36  motor vehicle involved in two or more [accidents] crashes  of  a  nature
    37  and type set forth in section five hundred nine-a of this article, where
    38  such  [accidents]  crashes  occurred  within  an  eighteen-month  period
    39  following a reexamination conducted pursuant  to  section  five  hundred
    40  nine-bb of this article, provided that accidents in which the driver was
    41  completely  without  fault  shall not be included in determining whether
    42  such disqualification is required;
    43    (g) for a period of one year, if that person fails to pass a road test
    44  administered pursuant to section five hundred nine-bb of  this  article;
    45  provided,  however,  that  such person shall be given the opportunity to
    46  complete a motor vehicle [accident] crash prevention course approved  by
    47  the  commissioner  and  to  then undergo a second road test administered
    48  pursuant to section five hundred  nine-bb  of  this  article,  and  such
    49  disqualification  shall  cease  if  such  person passes such second road
    50  test.
    51    § 54. Subdivision 7 of section 509-d of the vehicle and  traffic  law,
    52  as  added  by  chapter  599  of  the laws of 1993, is amended to read as
    53  follows:
    54    (7) Each motor carrier shall prepare a report setting forth:  (a)  the
    55  number of miles travelled by buses operated by such motor carrier in the
    56  preceding  twelve  months; (b) the number of convictions and [accidents]

        A. 6448                            24
 
     1  crashes involving any driver employed by such motor carrier  during  the
     2  preceding twelve months, as reported to such carrier pursuant to section
     3  five  hundred  nine-f  of  this [chapter] article; and (c) the number of
     4  convictions  and  [accidents]  crashes per ten thousand miles travelled.
     5  Such report shall be filed with the department as an attachment  to  the
     6  affidavit  of  compliance  required  by  subdivision (c) of section five
     7  hundred nine-j of this [chapter] article, and  a  copy  of  such  report
     8  shall be made available by the carrier to any person upon request.
     9    §  55.  Section  509-e  of  the vehicle and traffic law, as amended by
    10  chapter 853 of the laws of 1975, is amended to read as follows:
    11    § 509-e. Annual review of driving record. Each motor carrier shall, at
    12  least once every twelve months, review the driving record  of  each  bus
    13  driver  it  employs  to  determine  whether  that  driver  meets minimum
    14  requirements for safe driving and is qualified to drive a  bus  pursuant
    15  to  section  five hundred nine-b of this article. In reviewing a driving
    16  record, the motor carrier must consider any evidence that the bus driver
    17  has violated applicable provisions of the vehicle and traffic  law.  The
    18  motor  carrier  must  also consider the driver's [accident] crash record
    19  and any evidence that the driver has violated laws governing the  opera-
    20  tion  of motor vehicles, such as speeding, reckless driving, and operat-
    21  ing while under the influence of alcohol or drugs,  that  indicate  that
    22  the  driver has exhibited a disregard for the safety of the public. Such
    23  information shall be recorded in the employer's record.
    24    § 56. Section 509-f of the vehicle and  traffic  law,  as  amended  by
    25  chapter 599 of the laws of 1993, is amended to read as follows:
    26    509-f.  Record  of violations. Each motor carrier shall, at least once
    27  every twelve months, require each bus driver it employs to  prepare  and
    28  furnish  it  with a list of all violations of motor vehicle traffic laws
    29  and ordinances (other than violations involving only parking)  of  which
    30  the  driver  has  been convicted or on account of which he has forfeited
    31  bond or collateral and all [accidents] crashes of a nature or  type  set
    32  forth in section five hundred nine-a of this article in which the driver
    33  was  involved during the preceding twelve months whether such violations
    34  or [accidents] crashes occurred in this state or elsewhere. Such  infor-
    35  mation shall be recorded in the employer's record.
    36    § 57. Subdivisions 1-b and 4 of section 509-i of the vehicle and traf-
    37  fic  law, subdivision 1-b as added and subdivision 4 as amended by chap-
    38  ter 599 of the laws of 1993, are amended to read as follows:
    39    1-b. A driver who is involved in [an accident] a crash of a nature  or
    40  type  set  forth  in  section five hundred nine-a of this article in any
    41  jurisdiction shall notify his or her employer within five  working  days
    42  from the date of the [accident] crash.  A driver who fails to notify his
    43  or  her  employer  of  such [accident] crash within the five working day
    44  period shall be subject to a five working day suspension.
    45    4. In addition to  the  requirements  of  subdivision  three  of  this
    46  section,  the  commissioner  shall  notify  the  motor  carrier  of  any
    47  conviction for any traffic violation or [accident] crash resulting  from
    48  operation  of a motor vehicle against a bus driver employed by the motor
    49  carrier, shall require payment of the fee necessary to defray  the  cost
    50  of  the  notification, and shall require all motor carriers to establish
    51  an escrow account with the department which shall be used to pay for the
    52  costs incurred by the department when it informs the motor carrier of  a
    53  driver's  conviction  or  [accident]  crash;  and may, if requested by a
    54  political subdivision which contracts  with  a  motor  carrier  for  the
    55  transportation  of school children, provide such notice to the political
    56  subdivision.

        A. 6448                            25
 
     1    § 58. Subparagraph (iii) of paragraph a of subdivision  2  of  section
     2  510 of the vehicle and traffic law, as amended by chapter 47 of the laws
     3  of 1988, is amended to read as follows:
     4    (iii)  of  any  violation of subdivision two of section six hundred or
     5  section three hundred ninety-two of this chapter or of a  local  law  or
     6  ordinance making it unlawful to leave the scene of [an accident] a crash
     7  without reporting;
     8    §  59.  Paragraph (a) of subdivision 4 of section 510-a of the vehicle
     9  and traffic law, as amended by section 1 of part C of chapter 58 of  the
    10  laws of 2013, is amended to read as follows:
    11    (a)  A  serious  traffic  violation  shall mean operating a commercial
    12  motor vehicle in violation of any provision of this chapter or the  laws
    13  or  ordinances of any other state or locality outside of this state that
    14  restricts or prohibits the use of a  hand-held  mobile  telephone  or  a
    15  portable electronic device while operating a commercial motor vehicle or
    16  in  violation  of any provision of this chapter or the laws of any other
    17  state, the District of Columbia  or  any  Canadian  province  which  (i)
    18  limits  the  speed  of  motor  vehicles, provided the violation involved
    19  fifteen or more miles per hour over the established speed limit; (ii) is
    20  defined as reckless driving by state or local law or  regulation;  (iii)
    21  prohibits  improper or erratic lane change; (iv) prohibits following too
    22  closely; (v) relates to  motor  vehicle  traffic  (other  than  parking,
    23  standing or stopping) and which arises in connection with a fatal [acci-
    24  dent]  crash;  (vi)  operating  a commercial motor vehicle without first
    25  obtaining a commercial driver's license  as  required  by  section  five
    26  hundred  one  of  this title; (vii) operating a commercial motor vehicle
    27  without a commercial driver's license in  the  driver's  possession;  or
    28  (viii)  operating a commercial motor vehicle without the proper class of
    29  commercial driver's license and/or endorsement for the specific  vehicle
    30  being operated or for the passengers or type of cargo being transported.
    31    §  60. Section 520 of the vehicle and traffic law, as amended by chap-
    32  ter 607 of the laws of 1979, is amended to read as follows:
    33    § 520. Statement of findings and declaration of purpose. The  ever-in-
    34  creasing  number  of  [accidents]  crashes, personal injuries and deaths
    35  resulting from alcohol or drug-related traffic offenses is a  matter  of
    36  great  concern  to the legislature. The diminished perception of intoxi-
    37  cated and impaired operators of motor vehicles presents a  constant  and
    38  intolerable  threat  to  the lives and well-being of the citizens of the
    39  state. Efforts aimed at alleviating this threat have proven  inadequate.
    40  The  public  interest in the cause of highway safety will be well served
    41  by the implementation of a permanent program of rehabilitation for those
    42  operators convicted of alcohol  or  drug-related  traffic  offenses  and
    43  certain operators who have been adjudicated youthful offenders for alco-
    44  hol or drug-related traffic offenses. The commissioner of motor vehicles
    45  should  have the authority to offer to such operators an opportunity for
    46  rehabilitation, thereby reducing the threat aimed at themselves and  the
    47  people of the state.
    48    §  61. Section 523-b of the vehicle and traffic law, as added by chap-
    49  ter 596 of the laws of 1975, is amended to read as follows:
    50    § 523-b. Experimental driver safety  programs.  The  commissioner  may
    51  study  the feasibility of programs to improve driver behavior, attitude,
    52  performance or skills in order to reduce motor vehicle [accidents] cras-
    53  hes and traffic violations, and to promote highway safety. He shall have
    54  the authority to establish such  programs  on  a  limited,  experimental
    55  basis  in  order  to  assist in such feasibility study provided any such
    56  program is funded by any source other than state funds, or if  any  such

        A. 6448                            26

     1  program  is  to  be  funded with state funds, then he may establish such
     2  program only with the approval of the director of the  division  of  the
     3  budget.
     4    § 62. The article heading of article 22 of the vehicle and traffic law
     5  is amended to read as follows:
 
     6                     [ACCIDENTS] CRASHES AND [ACCIDENT]
     7                                CRASH REPORTS
     8    §  63.  Paragraph b of subdivision 1 of section 600 of the vehicle and
     9  traffic law, as amended by section 4 of part AAA of chapter  59  of  the
    10  laws of 2017, is amended to read as follows:
    11    b.  It shall be the duty of any member of a law enforcement agency who
    12  is at the scene of the [accident] crash to request the said operator  or
    13  operators of the motor vehicles, when physically capable of doing so, to
    14  exchange  the  information required hereinabove and such member of a law
    15  enforcement agency shall assist such operator  or  operators  in  making
    16  such exchange of information in a reasonable and harmonious manner.
    17    A violation of the provisions of paragraph a of this subdivision shall
    18  constitute  a  traffic  infraction  punishable  by  a  fine of up to two
    19  hundred fifty dollars or a sentence of imprisonment for  up  to  fifteen
    20  days or both such fine and imprisonment.
    21    §  64.  Paragraph b of subdivision 2 of section 600 of the vehicle and
    22  traffic law, as amended by section 4 of part AAA of chapter  59  of  the
    23  laws of 2017, is amended to read as follows:
    24    b.  It shall be the duty of any member of a law enforcement agency who
    25  is at the scene of the [accident] crash to request the said operator  or
    26  operators of the motor vehicles, when physically capable of doing so, to
    27  exchange  the  information required hereinabove and such member of a law
    28  enforcement agency shall assist such operator  or  operators  in  making
    29  such exchange of information in a reasonable and harmonious manner.
    30    §  65. Section 603 of the vehicle and traffic law, as amended by chap-
    31  ter 550 of the laws of 1993 and subdivision 1 as amended by chapter  432
    32  of the laws of 1997, is amended to read as follows:
    33    § 603. [Accidents] Crashes; police authorities and coroners to report.
    34  1.  Every  police  or  judicial  officer  to  whom [an accident] a crash
    35  resulting in injury to a person shall have been  reported,  pursuant  to
    36  the  foregoing provisions of this chapter, shall immediately investigate
    37  the facts, or cause the same to be investigated, and report  the  matter
    38  to the commissioner forthwith; provided, however, that the report of the
    39  [accident] crash is made to the police officer or judicial officer with-
    40  in  five days after such [accident] crash. Every coroner, or other offi-
    41  cial performing like functions, shall likewise  make  a  report  to  the
    42  commissioner with respect to all deaths found to have been the result of
    43  motor  vehicle  or  motorcycle  [accidents]  crashes.  Such report shall
    44  include information on the width and length of trucks, tractors,  trail-
    45  ers and semitrailers, which are in excess of ninety-five inches in width
    46  or thirty-four feet in length and which are involved in such [accidents]
    47  crashes,  whether  such  [accident]  crash took place in a work area and
    48  whether it was  being  operated  with  an  overweight  or  overdimension
    49  permit.    Such report shall distinctly indicate and include information
    50  as to whether the inflatable restraint  system  inflated  and  deployed.
    51  Nothing  contained  in  this  subdivision  shall be deemed to preclude a
    52  police officer from reporting any other [accident] crash which,  in  the
    53  judgment of such police officer, would be required to be reported to the
    54  commissioner  by  the  operator  of  a  vehicle  pursuant to section six
    55  hundred five of this article.

        A. 6448                            27
 
     1    2. In addition to the requirements of subdivision one of this section,
     2  every police officer or judicial officer to whom [an accident]  a  crash
     3  shall  have  been  reported involving a commercial vehicle as defined in
     4  either subdivision four of section five hundred one-a or subdivision one
     5  of  section five hundred nine-p of this chapter shall immediately inves-
     6  tigate the facts, or cause the same to be investigated  and  report  the
     7  matter  to  the  commissioner forthwith, provided that the report of the
     8  [accident] crash is made to the police officer or judicial officer with-
     9  in five days after such [accident] crash, whenever such [accident] crash
    10  has resulted in (i) a vehicle being  towed  from  the  [accident]  crash
    11  scene  as  the result of incurring disabling damage, (ii) a fatality, or
    12  (iii) any individual being transported to a medical facility to  receive
    13  treatment  as  the result of physical injury sustained in the [accident]
    14  crash.
    15    § 66. Section 603-a of the vehicle and traffic law, as added by  chap-
    16  ter  408 of the laws of 2001, subdivision 1 as amended by chapter 489 of
    17  the laws of 2017 and paragraph (b) of subdivision 1 as amended by  chap-
    18  ter 27 of the laws of 2018, is amended to read as follows:
    19    § 603-a. [Accidents] Crashes; police authorities to investigate.
    20    1.  In  addition  to  the requirements of section six hundred three of
    21  this article, whenever a motor vehicle [accident] crash results in seri-
    22  ous physical injury or death to a  person,  and  such  [accident]  crash
    23  either  is discovered by a police officer, or reported to a police offi-
    24  cer within five days after such [accident] crash  occurred,  the  police
    25  shall conduct an investigation of such [accident] crash.
    26    (a) Such investigation shall be conducted for the purposes of making a
    27  determination  of  the  following:  the  facts  and circumstances of the
    28  [accident] crash; the type or  types  of  vehicles  involved,  including
    29  passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
    30  ed  use  motorcycles,  off-highway motorcycles, and/or bicycles; whether
    31  pedestrians were involved; the contributing factor or  factors;  whether
    32  it  can  be  determined  if  a  violation  or violations of this chapter
    33  occurred, and if so, the specific provisions of this chapter which  were
    34  violated  and  by  whom;  and, the cause of such [accident] crash, where
    35  such cause can be determined.
    36    (b) When present at the scene  of  such  accident,  the  investigating
    37  officer shall also request that all operators of motor vehicles involved
    38  in  such  [accident] crash submit to field testing as defined in section
    39  eleven hundred ninety-four of this chapter provided there are reasonable
    40  grounds to believe such motor vehicle operator committed a serious traf-
    41  fic violation in the same [accident] crash.  The results of  such  field
    42  testing  or  refusal  of  such  testing  shall be included in the police
    43  investigation report. For the purposes of this section, "serious traffic
    44  violation" shall mean operating a motor vehicle in violation of  any  of
    45  the  following  provisions of this chapter: articles twenty-three, twen-
    46  ty-four, twenty-five, twenty-six, twenty-eight, twenty-nine  and  thirty
    47  and sections five hundred eleven, six hundred and twelve hundred twelve.
    48    (c) The police shall forward a copy of the investigation report to the
    49  commissioner within five business days of the completion of such report.
    50    2.  For  purposes  of this section, the following terms shall have the
    51  following meanings:
    52    (a) "commercial motor vehicle" shall have the  same  meaning  as  such
    53  term is defined in either subdivision four of section five hundred one-a
    54  or subdivision one of section five hundred nine-p of this chapter; and
    55    (b) "serious physical injury" shall have the same meaning as such term
    56  is defined in section 10.00 of the penal law.

        A. 6448                            28

     1    §  67.  Section  603-b  of  the vehicle and traffic law, as amended by
     2  chapter 408 of the laws of 2007, is amended to read as follows:
     3    §  603-b.  [Accidents]  Crashes;  police  to indicate serious physical
     4  injury and death  on  simplified  traffic  information  or  summons  and
     5  compliant.  In addition to the requirements of section six hundred three
     6  of this article and subdivision twelve of section eleven  hundred  nine-
     7  ty-two of this chapter, in every case where a law enforcement officer is
     8  required to report pursuant to section six hundred three of this article
     9  and  a person is charged with a violation of this chapter arising out of
    10  such [accident] crash, the law enforcement officer alleging such  charge
    11  shall make a clear notation in the "Description of Violation" section of
    12  a  simplified  traffic  information, or in an area provided on a summons
    13  and complaint pursuant to subdivision one of section two  hundred  twen-
    14  ty-six  of  this  chapter, if, arising out of the same [accident] crash,
    15  someone other than the person charged was  killed  or  suffered  serious
    16  physical injury as defined in section 10.00 of the penal law; such nota-
    17  tion  shall  be  in  the  form of a "D" if someone other than the person
    18  charged was killed and such notation shall be in the form of a  "S.P.I."
    19  if someone other than the person charged suffered serious physical inju-
    20  ry; provided however, that the failure to make such notation shall in no
    21  way affect a charge for a violation of this chapter.
    22    § 68. Section 604 of the vehicle and traffic law is amended to read as
    23  follows:
    24    § 604. Reports;  contents; preparation; distribution; filing.  Reports
    25  of [accidents] crashes required under the preceding  section,  or  under
    26  the  rules  and  regulations  of  the  commissioner, shall be upon forms
    27  prepared by him and contain such  information  as  he  shall  prescribe.
    28  Blank  forms for such reports shall be printed by the commissioner and a
    29  supply sent to all city, town and village clerks and to the chief  offi-
    30  cer  of every city police department for general distribution and use as
    31  herein provided. Reports of  [accidents]  crashes,  required  under  the
    32  preceding  section,  shall be sent to and filed with the commissioner at
    33  the main office of the bureau of motor vehicles in the city  of  Albany,
    34  except as otherwise provided by the rules and regulations of the commis-
    35  sioner.
    36    §  69. Section 605 of the vehicle and traffic law, as amended by chap-
    37  ter 254 of the laws of 1989, paragraphs 1 and 2 of  subdivision  (a)  as
    38  amended  by  chapter 498 of the laws of 1999, paragraph 4 of subdivision
    39  (a) as amended by chapter 71 of the laws of 2004 and subdivision (c)  as
    40  amended  by  chapter  161  of  the  laws  of 1996, is amended to read as
    41  follows:
    42    § 605. Report required upon [accident]  crash.  (a)  1.  Every  person
    43  operating a motor vehicle, except a police officer (as defined in subdi-
    44  vision  thirty-four  of  section  1.20 of the criminal procedure law), a
    45  correction officer, or a firefighter, operating a police  department,  a
    46  correction  department, or fire department vehicle respectively while on
    47  duty, if a report has been filed by the owner of such vehicle, which  is
    48  in  any  manner  involved  in [an accident] a crash, anywhere within the
    49  boundaries of this state, in which any person is killed or  injured,  or
    50  in which damage to the property of any one person, including himself, in
    51  excess of one thousand dollars is sustained, shall within ten days after
    52  such [accident] crash, report the matter in writing to the commissioner.
    53  If  such  operator  or  chauffeur be physically incapable of making such
    54  report and there be another participant  in  the  [accident]  crash  not
    55  incapacitated,  such  participant shall make such report within ten days
    56  after such [accident] crash. If the operator or  chauffeur  involved  in

        A. 6448                            29

     1  such  [accident]  crash  be unable to make such report, the owner of the
     2  motor vehicle involved in such accident, if such owner be  not  involved
     3  in  such  [accident] crash or incapacitated, shall within ten days after
     4  he  learns of the fact of such [accident] crash report the matter to the
     5  commissioner together with such information as  may  have  come  to  his
     6  knowledge  relating  to  such  [accident]  crash. Every such operator or
     7  chauffeur of a motor vehicle, or  participant  in  any  such  [accident]
     8  crash,  or  owner  of  the motor vehicle involved in any such [accident]
     9  crash, shall make such other and additional reports as the  commissioner
    10  shall require.
    11    2. Failure to report an [accident] crash as herein provided or failure
    12  to give correctly the information required of him by the commissioner in
    13  connection  with such report shall be a misdemeanor and shall constitute
    14  a ground for suspension or revocation of the operator's (or chauffeur's)
    15  license or all certificates of registration for any motor vehicle, or of
    16  both, of the person failing to make such report as herein  required.  In
    17  addition,  the commissioner may temporarily suspend the driver's license
    18  or permit or certificate of registration of the motor  vehicle  involved
    19  in the [accident] crash, or of both, of the person failing to report [an
    20  accident]  a crash within the period prescribed in paragraph one of this
    21  subdivision, until such report has been filed. However, no suspension or
    22  a revocation shall be made of a license or certificate  of  registration
    23  of  any  police  officer, correction officer, or firefighter involved in
    24  [an accident] a crash while on duty for failure to  report  such  [acci-
    25  dent]  crash  within  ten days thereof if a report has been filed by the
    26  owner of such vehicle.
    27    3. In the case of a non-resident the failure to report [an accident] a
    28  crash as herein provided shall constitute ground for suspension or revo-
    29  cation of his privileges of operating a motor vehicle in this state  and
    30  of the operation within this state of any motor vehicle owned by him.
    31    4.  When  a  report required by this section is made by an owner or an
    32  operator of a fire vehicle, as defined by section one hundred  fifteen-a
    33  of  this chapter, or a police vehicle, as defined by section one hundred
    34  thirty-two-a of this chapter, when such [accident] crash occurred during
    35  the operation of such vehicle in response  to  an  emergency  where  the
    36  operator  was responding to a call to duty as a paid or volunteer member
    37  of any fire department, or in the case of a police  vehicle,  when  such
    38  [accident]  crash  occurred  during  emergency  operation, as defined by
    39  section one hundred fourteen-b of this chapter, the  commissioner  shall
    40  omit  the  event  described  in such report from the operator's external
    41  license abstract.  Provided, however, the commissioner  shall  not  omit
    42  the  event described in such report from the operator's external license
    43  abstract if as a result of such event such operator has either (i)  been
    44  charged with a violation of this chapter or of the penal law, unless the
    45  commissioner  receives  evidence that such charge has been dismissed, or
    46  that the action has otherwise been terminated in favor  of  the  accused
    47  pursuant  to  section  160.50 of the criminal procedure law, or that the
    48  charge has otherwise been adjudicated  in  an  administrative  or  other
    49  proceeding in favor of the defendant operator or (ii) been found to have
    50  been  grossly  negligent by a final order of a court of competent juris-
    51  diction.
    52    (b) Every person operating a bicycle which is in any  manner  involved
    53  in  [an accident] a crash on a public highway in this state in which any
    54  person is killed, other than the operator, or suffers  serious  physical
    55  injury  as  defined  pursuant to subdivision ten of section 10.00 of the
    56  penal law, shall within ten days after such operator learns of the  fact

        A. 6448                            30
 
     1  of  such  death or serious physical injury, report the matter in writing
     2  to the commissioner. If such operator is physically incapable of  making
     3  such report within ten days, he or she shall make the report immediately
     4  upon  recovery  from  the  physical  incapacity.  If such operator is an
     5  unemancipated minor who is incapable  of  making  such  report  for  any
     6  reason,  the  parent or guardian of such operator shall make such report
     7  within ten days after learning of the fact  of  such  [accident]  crash.
     8  Every  such operator of a bicycle, or parent or guardian of such uneman-
     9  cipated minor operator, shall make such other and additional reports  as
    10  the commissioner shall require.
    11    (c) The report required by this section shall be made in such form and
    12  number  as  the  commissioner  may  prescribe. Such report shall include
    13  information on the width and length of trucks,  tractors,  trailers  and
    14  semitrailers,  which  are  in  excess  of ninety-five inches in width or
    15  thirty-four feet in length and which are involved  in  such  [accidents]
    16  crashes,  whether  such  [accident]  crash took place in a work area and
    17  whether it was being operated  with  an  overweight  or  over  dimension
    18  permit. Such report shall distinctly indicate and include information as
    19  to whether the inflatable restraint system inflated and deployed.
    20    §  70. Section 606 of the vehicle and traffic law, as added by chapter
    21  429 of the laws of 2015, is amended to read as follows:
    22    § 606. Processing of required reports. The commissioner, when process-
    23  ing reports of [accidents] crashes filed pursuant to this article, shall
    24  give priority to reports involving serious physical injury  (as  defined
    25  in subdivision ten of section 10.00 of the penal law) or death.
    26    §  71.  Paragraphs 2 and 3 of subdivision (m) of section 1111-a of the
    27  vehicle and traffic law, paragraph 2 as amended and paragraph 3 as added
    28  by chapter 658 of the laws of 2006, are amended to read as follows:
    29    2. within each borough of such city, the aggregate  number,  type  and
    30  severity of [accidents] crashes reported at intersections where a traff-
    31  ic-control signal photo violation-monitoring system is used for the year
    32  preceding the installation of such system, to the extent the information
    33  is maintained by the department of motor vehicles of this state;
    34    3.  within  each  borough of such city, the aggregate number, type and
    35  severity of [accidents] crashes reported at intersections where a traff-
    36  ic-control signal photo violation-monitoring  system  is  used,  to  the
    37  extent the information is maintained by the department of motor vehicles
    38  of this state;
    39    §  72.  Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the
    40  vehicle and traffic law, as added by chapter 19 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    §  73.  Paragraphs 2 and 3 of subdivision (m) of section 1111-b of the
    52  vehicle and traffic law, as added by chapter 20 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. 6448                            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    § 74. Paragraphs 2 and 3 of subdivision (m) of section 1111-b  of  the
     8  vehicle and traffic law, as added by chapter 22 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    § 75. Paragraphs 2 and 3 of subdivision (n) of section 1111-b  of  the
    20  vehicle and traffic law, as added by chapter 23 of the laws of 2009, 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    § 76. Paragraphs 2 and 3 of subdivision (m) of section 1111-d  of  the
    32  vehicle and traffic law, as added by chapter 99 of the laws of 2014, are
    33  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    § 77. Paragraphs 2 and 3 of subdivision (m) of section 1111-d  of  the
    44  vehicle  and  traffic  law, as added by chapter 101 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. 6448                            32
 
     1    §  78.  Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the
     2  vehicle and traffic law, as added by chapter 123 of the  laws  of  2014,
     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    § 79. Paragraphs 2 and 3 of subdivision (m) of section 1111-e  of  the
    14  vehicle  and  traffic  law, as added by chapter 222 of the laws of 2015,
    15  are amended to read as follows:
    16    2. the aggregate number, type  and  severity  of  [accidents]  crashes
    17  reported  at  intersections  where a traffic-control signal photo viola-
    18  tion-monitoring system is used for the year preceding  the  installation
    19  of  such  system,  to  the  extent  the information is maintained by the
    20  department of motor vehicles of this state;
    21    3. the aggregate number, type  and  severity  of  [accidents]  crashes
    22  reported  at  intersections  where a traffic-control signal photo viola-
    23  tion-monitoring system is used, to the extent the information  is  main-
    24  tained by the department of motor vehicles of this state;
    25    § 80. Section 1131 of the vehicle and traffic law, as amended by chap-
    26  ter 294 of the laws of 2016, is amended to read as follows:
    27    § 1131. Driving on shoulders and slopes. Except for bicycles and those
    28  classes  of vehicles required to travel on shoulders or slopes, no motor
    29  vehicle shall be driven over, across, along, or within any  shoulder  or
    30  slope  of  any  state  controlled-access  highway  except  at a location
    31  specifically authorized and posted by the department of  transportation.
    32  The  foregoing limitation shall not prevent tow trucks from using shoul-
    33  ders or slopes in as limited and incidental a manner as practicable when
    34  dispatched to the scene of [an accident] a crash by  a  law  enforcement
    35  agency  or  an  authority, department or agency having jurisdiction over
    36  such controlled-access highway and all lanes are obstructed by  traffic,
    37  provided,  however, that the foregoing shall not relieve the driver of a
    38  tow truck from the duty to drive with due regard for the safety  of  all
    39  persons  nor  shall such provision protect the tow truck driver from the
    40  consequences of his or her reckless disregard for the safety  of  others
    41  and  shall  at  all  times operate such tow truck in compliance with all
    42  standards of care imposed  to  prevent  those  injuries  or  damages  to
    43  persons  or  property  of  another  which may result from the operator's
    44  negligence, recklessness or intentional misconduct, nor shall it prevent
    45  motor vehicles from using shoulders or slopes when  directed  by  police
    46  officers  or  flagpersons, nor does it prevent motor vehicles from stop-
    47  ping, standing, or parking on shoulders or slopes where  such  stopping,
    48  standing, or parking is lawful.
    49    §  81.  Paragraph  1 of subdivision (c) of section 1146 of the vehicle
    50  and traffic law, as amended by chapter 333  of  the  laws  of  2010,  is
    51  amended to read as follows:
    52    1.  A  driver of a motor vehicle who causes serious physical injury as
    53  defined in article ten of the penal law to  a  pedestrian  or  bicyclist
    54  while  failing  to  exercise due care in violation of subdivision (a) of
    55  this section, shall be guilty of a traffic infraction  punishable  by  a
    56  fine of not more than seven hundred fifty dollars or by imprisonment for

        A. 6448                            33
 
     1  not more than fifteen days or by required participation in a motor vehi-
     2  cle  [accident]  crash  prevention course pursuant to paragraph (e-1) of
     3  subdivision two of section 65.10 of the penal law or by any  combination
     4  of  such fine, imprisonment or course, and by suspension of a license or
     5  registration pursuant to subparagraph (xiv) or (xv) of  paragraph  b  of
     6  subdivision two of section five hundred ten of this chapter.
     7    §  82.  Paragraph  2 of subdivision (c) of section 1170 of the vehicle
     8  and traffic law, as amended by chapter 501  of  the  laws  of  2016,  is
     9  amended to read as follows:
    10    2.  Any  person  convicted of a violation of this section resulting in
    11  [an accident] a crash which causes physical  injury,  as  that  term  is
    12  defined  pursuant to subdivision nine of section 10.00 of the penal law,
    13  serious physical injury, as that term is defined pursuant to subdivision
    14  ten of section 10.00 of the penal law, or death to another person, shall
    15  be guilty of a class E felony.
    16    § 83. Subdivision 1 of section 1180-a of the vehicle and traffic  law,
    17  as  amended  by  chapter  464 of the laws of 2003, is amended to read as
    18  follows:
    19    1. Notwithstanding any other provision of law, no city, village, town,
    20  county, public authority, division, office or department  of  the  state
    21  shall  maintain  or  create  (a) any speed limit in excess of fifty-five
    22  miles per hour on any road, highway, parkway or bridge or (b) any  speed
    23  limit  on  any other portion of a public highway, which is not uniformly
    24  applicable to all types of motor vehicles using such portion of highway,
    25  if on November first, nineteen hundred seventy-three,  such  portion  of
    26  highway had a speed limit which was uniformly applicable to all types of
    27  motor  vehicles  using  it; provided however, a lower speed limit may be
    28  established for any vehicle operating under a special permit because  of
    29  any weight or dimension of such vehicle, including any load thereon, and
    30  (c)  provided further, paragraph (b) of this subdivision shall not apply
    31  to any portion of a highway during such time that the condition  of  the
    32  highway,  weather,  [an  accident] a crash, or other condition creates a
    33  temporary hazard to the safety of traffic on such portion of a  highway.
    34  However, the commissioner of the department of transportation may estab-
    35  lish a maximum speed limit of not more than sixty-five miles per hour on
    36  any  state  roadway  which  meets  department  criteria for such maximum
    37  speed.
    38    § 84. Subdivision 1 of section 1194 of the vehicle and traffic law, as
    39  added by chapter 47 of the laws of 1988, is amended to read as follows:
    40    1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
    41  provisions  of  section  140.10  of the criminal procedure law, a police
    42  officer may, without a warrant, arrest a person, in case of a  violation
    43  of subdivision one of section eleven hundred ninety-two of this article,
    44  if  such violation is coupled with [an accident] a crash or collision in
    45  which such person is involved, which in fact has been committed,  though
    46  not  in  the  police officer's presence, when the officer has reasonable
    47  cause to believe that the violation was committed by such person.
    48    (b) Field testing. Every person operating a motor  vehicle  which  has
    49  been involved in [an accident] a crash or which is operated in violation
    50  of  any  of  the  provisions  of this chapter shall, at the request of a
    51  police officer, submit to a breath test to be administered by the police
    52  officer. If such test indicates that such operator has consumed alcohol,
    53  the police officer may request such operator to  submit  to  a  chemical
    54  test in the manner set forth in subdivision two of this section.

        A. 6448                            34
 
     1    §  85.  Paragraph  (f) of subdivision 5 of section 1197 of the vehicle
     2  and traffic law, as added by chapter 47 of the laws of 1988, is  amended
     3  to read as follows:
     4    (f)  Obtain  and  assemble  data  on  alcohol-related [accident] crash
     5  arrests, convictions and [accidents] crashes and to analyze, study,  and
     6  consolidate  such  data  for  educational,  research  and  informational
     7  purposes.
     8    § 86. Section 1229-a of the vehicle and traffic law, as added by chap-
     9  ter 654 of the laws of 1969 and as renumbered by chapter 274 of the laws
    10  of 1971, is amended to read as follows:
    11    § 1229-a. Pedestrians, animals, and non-motorized vehicles  prohibited
    12  on  state expressway highways or state interstate route highways includ-
    13  ing the entrances thereto and exits therefrom. No person, unless  other-
    14  wise directed by a police officer shall: (a) As a pedestrian, occupy any
    15  space  within  the  limits of a state expressway highway or state inter-
    16  state route highway, including the entrances thereto  and  exits  there-
    17  from,  except:  in a rest area, parking area, or scenic overlook; in the
    18  performance of public works or official duties; as a result of an  emer-
    19  gency caused by [an accident] a crash or breakdown of a motor vehicle or
    20  to  obtain assistance; where a sidewalk, footpath or pedestrian crossing
    21  of such a highway is provided; (b) Occupy any space of a state  express-
    22  way  highway  or state interstate route highway, including the entrances
    23  thereto and exits  therefrom,  with:  an  animal-drawn  vehicle;  herded
    24  animals,  a  pushcart;  a  bicycle;  except in the performance of public
    25  works or official duties, or on paths or parts of such highway  provided
    26  for such uses.
    27    §  87. Paragraph (b) of subdivision 2 of section 1229-b of the vehicle
    28  and traffic law, as added by chapter 19 of the laws of 2000, is  amended
    29  to read as follows:
    30    (b) Notwithstanding any other provision of this section to the contra-
    31  ry, standing passengers may be permitted without limitation as to number
    32  during the first ten days of session in each school year, and in circum-
    33  stances  where a breakdown, [accident] crash, or other unforeseen occur-
    34  rence necessitates the transportation of standing passengers.
    35    § 88. Subdivision (a) of section 1602 of the vehicle and traffic  law,
    36  as  amended  by  chapter  498 of the laws of 1969, is amended to read as
    37  follows:
    38    (a) Whenever a police officer shall deem it advisable during a fire or
    39  at the time of any [accident] crash or special emergency  and  only  for
    40  such  period of time as is necessitated thereby for the public safety or
    41  convenience, temporarily to close any street or part thereof to  vehicu-
    42  lar  traffic,  or to vehicles of a certain description, or to divert the
    43  traffic thereof, or to divert or break a course of  pedestrian  traffic,
    44  such official shall have power and authority to do so.
    45    §  89.  Subdivision 19 of section 1630 of the vehicle and traffic law,
    46  as amended by chapter 795 of the laws of 1974, is  amended  to  read  as
    47  follows:
    48    19.  Vehicles  illegally  parked,  stopped  or  standing,  or vehicles
    49  involved in [accidents] crashes, including,  but  not  limited  to,  the
    50  removal  and storage of such vehicles, the fixing of reasonable charges,
    51  to be paid by the owner, operator or person entitled to possession,  for
    52  such  removal  and storage and for other expenses incurred in connection
    53  therewith, the creation of liens on such vehicles for such  charges  and
    54  expenses,  the enforcement of such liens, the determination of ownership
    55  or right to possession of such vehicles, the time before  such  vehicles
    56  are  deemed  abandoned vehicles pursuant to section twelve hundred twen-

        A. 6448                            35
 
     1  ty-four of this chapter, and the disposition of the  proceeds  of  sales
     2  held pursuant to said section.
     3    §  90.  Paragraph 20 of subdivision (a) of section 1642 of the vehicle
     4  and traffic law, as amended by chapter 795  of  the  laws  of  1974,  is
     5  amended to read as follows:
     6    20.  Vehicles  illegally  parked,  stopped  or  standing,  or vehicles
     7  involved in [accidents] crashes, including,  but  not  limited  to,  the
     8  removal  and storage of such vehicles, the fixing of reasonable charges,
     9  to be paid by the owner, operator or person entitled to possession,  for
    10  such  removal  and storage and for other expenses incurred in connection
    11  therewith, the creation of liens on such vehicles for such  charges  and
    12  expenses,  the enforcement of such liens, the determination of ownership
    13  or right to possession of such vehicles, the time before  such  vehicles
    14  are  deemed  abandoned vehicles pursuant to section twelve hundred twen-
    15  ty-four of this chapter, and the disposition of the  proceeds  of  sales
    16  held pursuant to said section.
    17    §  91. Clause (iii) of subparagraph (b) of paragraph 27 of subdivision
    18  (a) of section 1642 of the vehicle and traffic law, as amended by  chap-
    19  ter 248 of the laws of 2014, is amended to read as follows:
    20    (iii)  a  comparison  of  the  aggregate type, number, and severity of
    21  [accidents] crashes reported on streets on which street calming measures
    22  and lower speed limits were implemented in the year preceding the imple-
    23  mentation of such measures and  policies  and  the  year  following  the
    24  implementation  of such measures and policies, to the extent this infor-
    25  mation is maintained by any agency of the state or the city.
    26    § 92. Section 1675 of the vehicle and traffic law, as amended by chap-
    27  ter 669 of the laws of 1996, is amended to read as follows:
    28    § 1675. Functions of the board. The board is authorized:
    29    1. To promote and encourage street and highway traffic safety.
    30    2. To formulate highway safety  programs  and  coordinate  efforts  of
    31  interested  parties  and  agencies  engaged  in traffic safety education
    32  within such city, town, borough or county.
    33    3. To cooperate with local officials in the formulation and  execution
    34  of traffic safety programs and activities.
    35    4.  To  study  traffic  conditions  on streets and highways, study and
    36  analyze reports of [accidents] crashes and causes thereof, and recommend
    37  to the appropriate legislative bodies, departments or commissions,  such
    38  changes  in rules, orders, regulations and existing law as the board may
    39  deem advisable.
    40    5. To conduct meetings whenever and wherever the board shall  deem  it
    41  advisable  and  to  invite to such meetings parties and agencies, public
    42  and private, interested in traffic regulation, control and safety educa-
    43  tion.
    44    6. To promote safety education for drivers and pedestrians.
    45    7. To obtain and assemble motor vehicle [accident] crash data, and  to
    46  analyze,  study  and  consolidate such data for educational and informa-
    47  tional purposes.
    48    8. Coordinate and direct local activities related to  the  implementa-
    49  tion of the state highway safety program, as approved by the governor or
    50  his designee.
    51    §  93.  Subdivision 10 of section 2401 of the vehicle and traffic law,
    52  as added by chapter 402 of the laws of  1986,  is  amended  to  read  as
    53  follows:
    54    10. "Operation as emergency vehicle" shall mean the operation or park-
    55  ing of an authorized emergency ATV, police or civil defense ATV, includ-
    56  ing  attendant  equipment,  displaying  emergency  lights as provided in

        A. 6448                            36
 
     1  section twenty-four hundred six of this article and which ATV is engaged
     2  in transporting a sick or injured person to the nearest medical facility
     3  or appropriate site for transfer to an ambulance as defined  in  article
     4  thirty   of  the  public  health  law,  transporting  emergency  medical
     5  services, personnel and equipment to sick or injured  persons,  pursuing
     6  an  actual or suspected violator of the law or responding to, or working
     7  or assisting at the scene of [an accident]  a  crash,  disaster,  police
     8  call, alarm or other emergency but shall not include returning from such
     9  service.
    10    § 94. Section 2413 of the vehicle and traffic law, as added by chapter
    11  402 of the laws of 1986, is amended to read as follows:
    12    § 2413. [Accidents]  Crashes;  reports.  1.  The  operator  of any ATV
    13  involved in any [accident] crash resulting in injuries to  or  death  of
    14  any  person  or  in which property damage in the estimated amount of six
    15  hundred dollars or more is sustained, shall immediately notify the near-
    16  est law enforcement agency and shall within ten days after  such  [acci-
    17  dent]  crash report the matter in writing to the department, with a copy
    18  thereof to the sheriff or police commissioner of  the  county  in  which
    19  said [accident] crash occurred. If such operator is physically incapable
    20  of making such report and there is another participant in the [accident]
    21  crash not so incapacitated such participant shall make the report within
    22  the  allotted  time after such [accident] crash. In the event that there
    23  is no other participant and the operator is other than the  owner,  then
    24  the  owner shall within the prescribed period of time, after learning of
    25  the facts of such [accident] crash, report the matter to the department,
    26  together with such information as may have come to his knowledge  relat-
    27  ing to such [accident] crash.  Every such operator of an ATV, or partic-
    28  ipant of any such [accident] crash, or the owner, of the ATV involved in
    29  any  such [accident] crash, shall make such other and additional reports
    30  as the commissioner shall require.
    31    2. Whenever any ATV meets with [an accident] a crash involving a  loss
    32  of  life, personal injury or damage to property and the operator thereof
    33  has knowledge of such [accident] crash, he shall stop and give his  name
    34  and address, the name and address of the owner thereof and the registra-
    35  tion  number  assigned  to  said ATV to the injured person or the person
    36  sustaining the damage, or to a peace or police officer. In the event the
    37  person sustaining the damage is not  present  at  the  place  where  the
    38  damage  occurred, the operator shall, as soon as physically able, report
    39  the same to the nearest law enforcement agency.
    40    3. A peace, police, or judicial officer who investigates  or  receives
    41  information of [an accident] a crash involving an ATV shall make a writ-
    42  ten  report of the investigation or information received, and such addi-
    43  tional facts relating to the [accident] crash as may come to  his  know-
    44  ledge  and  mail the same within forty-eight hours to the department and
    45  keep a record thereof in his office.
    46    4. Failure of any person to report [an accident]  a  crash  as  herein
    47  provided or failure to give correctly the information required of him by
    48  the  commissioner  in connection with such report shall be a misdemeanor
    49  and shall constitute a ground for suspension or revocation  of  the  ATV
    50  safety  certificate  of any person or the certificate of registration of
    51  any ATV involved in the [accident] crash.  The commissioner  may  tempo-
    52  rarily  suspend the ATV safety certificate of the person failing to make
    53  such report or the certificate of registration of the  ATV  involved  in
    54  the [accident] crash until such report has been filed.
    55    § 95. Paragraph 1 of subdivision c of section 19-507.2 of the adminis-
    56  trative  code of the city of New York, as amended by local law number 30

        A. 6448                            37

     1  of the city of New York for  the  year  2014,  is  amended  to  read  as
     2  follows:
     3    (1)  A taxicab or for-hire vehicle driver shall be eligible to receive
     4  a three point reduction in the number of points assessed pursuant to the
     5  critical driver program upon the submission to the commission  of  proof
     6  of  the  satisfactory  completion  of  a  motor vehicle [accident] crash
     7  prevention course approved by the department  of  motor  vehicles.  Such
     8  point  reduction  shall  be  considered in computing the total number of
     9  points accumulated by such  driver  as  a  result  of  violations  which
    10  occurred  within  fifteen  months prior to the date of the completion of
    11  the course.  In the event that no commission approved course  is  avail-
    12  able  pursuant  to paragraph one of subdivision a of section 19-507.1 of
    13  this chapter, completion of a course taken pursuant  to  this  paragraph
    14  shall  result  in  the removal of three points from either the number of
    15  points accrued under the persistent violators program or from the number
    16  of points accrued under the critical drivers program, but not from both,
    17  upon the election of the driver who completes such course.
    18    § 96. Section 3650-c of the education law, as added by section  71  of
    19  part  A  of  chapter  436  of  the  laws  of 1997, is amended to read as
    20  follows:
    21    § 3650-c. [Accident] Crash report  data  base.  The  commissioner,  in
    22  consultation with the commissioner of motor vehicles, shall establish an
    23  electronic  data  file  containing  [accident] crash reports relating to
    24  school buses.
    25    § 97. Clause (A) of subparagraph 61 of paragraph (g) of subdivision  5
    26  of  section 396-z of the general business law, as amended by chapter 109
    27  of the laws of 2018, is amended to read as follows:
    28    (A) a motor vehicle [accident] crash report pursuant  to  section  six
    29  hundred five of the vehicle and traffic law; or
    30    §  98.  Paragraph (a) of subdivision 6 of section 396-z of the general
    31  business law, as amended by chapter 109 of the laws of 2018, is  amended
    32  to read as follows:
    33    (a)  A  rental vehicle company may hold an authorized driver liable to
    34  the extent permitted under  this  chapter  for  physical  or  mechanical
    35  damage  to  the  rental  vehicle  that occurs during the time the rental
    36  vehicle is under  the  rental  agreement;  provided,  however,  that  an
    37  authorized  driver  shall  not be liable for any normal wear and tear or
    38  mechanical damage that could reasonably be expected from normal  use  of
    39  the vehicle. For the purposes of this subdivision, the term "normal wear
    40  and  tear"  shall mean the deterioration of the condition of the vehicle
    41  or its component parts due to repetitive use and does not include damage
    42  that materially diminishes the value of the vehicle and  arises  from  a
    43  specific occurrence or [accident] crash during the time the rental vehi-
    44  cle is subject to the rental agreement; and the term "actual and reason-
    45  able  costs"  shall  mean  the  cost to repair the vehicle including all
    46  discounts and price adjustments available to the rental vehicle  company
    47  and  shall  include  costs  for  towing, storage, and impound fees where
    48  applicable.
    49    § 99. Intentionally omitted.
    50    § 100. Paragraph 1 of subsection (f) of section 3420 of the  insurance
    51  law,  as  amended by chapter 305 of the laws of 1995, is amended to read
    52  as follows:
    53    (1) No policy insuring against loss resulting from  liability  imposed
    54  by law for bodily injury or death suffered by any natural person arising
    55  out  of  the  ownership,  maintenance  and use of a motor vehicle by the
    56  insured shall be issued or delivered by any authorized insurer upon  any

        A. 6448                            38
 
     1  motor vehicle then principally garaged or principally used in this state
     2  unless  it  contains a provision whereby the insurer agrees that it will
     3  pay to the insured, as defined in such provision, subject to  the  terms
     4  and conditions set forth therein to be prescribed by the board of direc-
     5  tors  of  the Motor Vehicle [Accident] Crash Indemnification Corporation
     6  and approved by the superintendent, all sums, not  exceeding  a  maximum
     7  amount  or  limit  of twenty-five thousand dollars exclusive of interest
     8  and costs, on account of injury to and all sums, not exceeding a maximum
     9  amount or limit of fifty thousand  dollars  exclusive  of  interest  and
    10  costs,  on  account of death of one person, in any one [accident] crash,
    11  and the maximum amount or limit, subject  to  such  limit  for  any  one
    12  person  so injured of fifty thousand dollars or so killed of one hundred
    13  thousand dollars, exclusive of interest and costs, on account of  injury
    14  to, or death of, more than one person in any one [accident] crash, which
    15  the  insured or his legal representative shall be entitled to recover as
    16  damages from an owner or operator of an uninsured motor vehicle, uniden-
    17  tified motor vehicle which leaves the scene of [an accident] a crash,  a
    18  motor  vehicle  registered  in this state as to which at the time of the
    19  [accident] crash there was not in effect a policy  of  liability  insur-
    20  ance,  a  stolen vehicle, a motor vehicle operated without permission of
    21  the owner, an insured motor vehicle where the insurer disclaims  liabil-
    22  ity  or  denies  coverage  or  an unregistered vehicle because of bodily
    23  injury,  sickness  or  disease,  including  death  resulting  therefrom,
    24  sustained by the insured, caused by [accident] a crash occurring in this
    25  state and arising out of the ownership, maintenance or use of such motor
    26  vehicle. No payment for non-economic loss shall be made under such poli-
    27  cy provision to a covered person unless such person has incurred a seri-
    28  ous  injury,  as  such  terms  are  defined in section five thousand one
    29  hundred two of this chapter. Such policy shall not duplicate any element
    30  of basic economic loss provided for  under  article  fifty-one  of  this
    31  chapter.  No  payments  of  first party benefits for basic economic loss
    32  made pursuant to such article shall  diminish  the  obligations  of  the
    33  insurer under this policy provision for the payment of non-economic loss
    34  and  economic loss in excess of basic economic loss. Notwithstanding any
    35  inconsistent provisions of section three thousand four  hundred  twenty-
    36  five  of this article, any such policy which does not contain the afore-
    37  said provisions shall be construed as if such provisions  were  embodied
    38  therein.
    39    §  101. Paragraphs 1, 2 and 3 of subsection (a) of section 5102 of the
    40  insurance law, paragraph 1 as amended by chapter 298 of the laws of 2006
    41  and paragraph 2 as amended by chapter 320  of  the  laws  of  1991,  are
    42  amended to read as follows:
    43    (1)  All  necessary  expenses  incurred  for:  (i)  medical,  hospital
    44  (including services rendered in compliance with article forty-one of the
    45  public health law, whether or not such services are rendered directly by
    46  a hospital), surgical, nursing, dental, ambulance,  x-ray,  prescription
    47  drug   and  prosthetic  services;  (ii)  psychiatric,  physical  therapy
    48  (provided that treatment is rendered pursuant to a referral) and occupa-
    49  tional therapy and rehabilitation; (iii) any non-medical  remedial  care
    50  and  treatment rendered in accordance with a religious method of healing
    51  recognized by the laws of this state; and (iv)  any  other  professional
    52  health services; all without limitation as to time, provided that within
    53  one year after the date of the [accident] crash causing the injury it is
    54  ascertainable  that  further expenses may be incurred as a result of the
    55  injury. For the purpose of determining basic economic loss, the expenses

        A. 6448                            39
 
     1  incurred under this paragraph shall be in accordance  with  the  limita-
     2  tions of section five thousand one hundred eight of this article.
     3    (2)  Loss  of earnings from work which the person would have performed
     4  had he not been injured, and reasonable and necessary expenses  incurred
     5  by such person in obtaining services in lieu of those that he would have
     6  performed  for income, up to two thousand dollars per month for not more
     7  than three years from the date of the [accident] crash causing the inju-
     8  ry. An employee who is entitled to receive monetary  payments,  pursuant
     9  to  statute  or  contract  with  the employer, or who receives voluntary
    10  monetary benefits paid for by the employer, by reason of the  employee's
    11  inability  to  work because of personal injury arising out of the use or
    12  operation of a motor vehicle, is not entitled  to  receive  first  party
    13  benefits  for "loss of earnings from work" to the extent that such mone-
    14  tary payments or benefits from the employer do not result in the employ-
    15  ee suffering a reduction in income or  a  reduction  in  the  employee's
    16  level of future benefits arising from a subsequent illness or injury.
    17    (3)  All other reasonable and necessary expenses incurred, up to twen-
    18  ty-five dollars per day for not more than one year from the date of  the
    19  [accident] crash causing the injury.
    20    §  102. Paragraph 1 of subsection (d) of section 5106 of the insurance
    21  law, as amended by section 8 of part AAA of chapter 59 of  the  laws  of
    22  2017, is amended to read as follows:
    23    (1)  Except  as  provided  in  paragraph two of this subsection, where
    24  there is reasonable belief more than one insurer would be the source  of
    25  first  party benefits, the insurers may agree among themselves, if there
    26  is a valid basis therefor, that one of them  will  accept  and  pay  the
    27  claim  initially.  If there is no such agreement, then the first insurer
    28  to whom notice of claim is given shall be responsible for  payment.  Any
    29  such dispute shall be resolved in accordance with the arbitration proce-
    30  dures  established pursuant to section five thousand one hundred five of
    31  this article and regulations as promulgated by the  superintendent,  and
    32  any  insurer  paying  first-party  benefits shall be reimbursed by other
    33  insurers for their proportionate share of the costs of the claim and the
    34  allocated expenses of processing  the  claim,  in  accordance  with  the
    35  provisions  entitled  "other  coverage"  contained in regulation and the
    36  provisions entitled "other sources of first-party benefits" contained in
    37  regulation. If there is no such insurer and the motor vehicle [accident]
    38  crash occurs in this state, then an applicant who is a qualified  person
    39  as  defined  in  article  fifty-two  of this chapter shall institute the
    40  claim against the motor vehicle [accident] crash indemnification  corpo-
    41  ration.
    42    §  103.  The  article  heading  of  article 52 of the insurance law is
    43  amended to read as follows:
    44               MOTOR VEHICLE [ACCIDENT] CRASH INDEMNIFICATION
    45                                 CORPORATION
    46    § 104. Subsections (f) and (j) of section 5202 of  the  insurance  law
    47  are amended to read as follows:
    48    (f) "Corporation" means the "motor vehicle [accident] crash indemnifi-
    49  cation corporation".
    50    (j) "Financially irresponsible motorist" means the owner, operator, or
    51  other person legally responsible for the operation of an uninsured motor
    52  vehicle  involved  in [an accident] a crash resulting in personal injury
    53  or death who did not have in effect at the time of such [accident] crash
    54  either:
    55    (1) a valid and collectible policy  of  bodily  injury  liability  and
    56  property  damage  liability  insurance or bond with applicable limits at

        A. 6448                            40
 
     1  least equal to those specified in section three hundred  eleven  of  the
     2  vehicle and traffic law; or
     3    (2)  a certificate of self insurance issued by the department of motor
     4  vehicles pursuant to section three hundred sixteen of  the  vehicle  and
     5  traffic law; or
     6    (3)  who  has  not  otherwise  complied with the provisions of section
     7  three hundred twelve of the vehicle and traffic law; or
     8    (4) who does not have in effect at the time of such [accident] crash a
     9  valid and collectible policy of bodily  injury  liability  and  property
    10  damage  liability  insurance  with  applicable  limits at least equal to
    11  those specified in section 25.13 of the parks, recreation  and  historic
    12  preservation law.
    13    §  105. Subsection (f) of section 7602 of the insurance law is amended
    14  to read as follows:
    15    (f) "Motor vehicle [accident] crash"  means  either  [an  accident]  a
    16  crash  occurring  within or without this state arising out of the owner-
    17  ship, operation or maintenance of a motor vehicle which  is  principally
    18  garaged  in  this  state  or [an accident] a crash occurring within this
    19  state arising out of the ownership, operation or maintenance of a  motor
    20  vehicle which is not principally garaged in this state.
    21    §  106.  Section 301-c of the military law, as added by chapter 489 of
    22  the laws of 2011, is amended to read as follows:
    23    § 301-c. [Accident] Crash prevention course information. The  division
    24  of  military  and  naval  affairs shall provide returning servicemen and
    25  women who have returned from a combat theater or combat  zone  of  oper-
    26  ations  with  information  about  [accident]  crash  prevention  courses
    27  approved by the commissioner  of  motor  vehicles  pursuant  to  article
    28  twelve-B  of  the  vehicle  and  traffic  law.  This  information may be
    29  provided in written form to be available at Yellow Ribbon  Reintegration
    30  programs  or any other reintegration programs offered by the division or
    31  may be made available online on the  division's  website.  The  division
    32  shall  also  provide  a link to the department of motor vehicles website
    33  pages containing  information  about  the  [accident]  crash  prevention
    34  courses.
    35    §  107. Paragraph (e-1) of subdivision 2 of section 65.10 of the penal
    36  law, as added by chapter 571 of the laws of 2006, is amended to read  as
    37  follows:
    38    (e-1)  Participate  in  a  motor  vehicle  [accident] crash prevention
    39  course. The court may require such condition where  a  person  has  been
    40  convicted  of a traffic infraction for a violation of article twenty-six
    41  of the vehicle and traffic law where the commission  of  such  violation
    42  caused  the  serious  physical  injury  or  death of another person. For
    43  purposes of this paragraph, the term  "motor  vehicle  [accident]  crash
    44  prevention   course"   shall  mean  a  motor  vehicle  [accident]  crash
    45  prevention course approved by the department of motor vehicles  pursuant
    46  to article twelve-B of the vehicle and traffic law;
    47    §  108. Section 387 of the public authorities law, as added by chapter
    48  700 of the laws of 2004, is amended to read as follows:
    49    § 387. Fees for searches and copies of [accident] crash and [accident]
    50  crash reconstruction reports.  Notwithstanding  any  other  law  to  the
    51  contrary,  the  fees  for searching the records of the authority for [an
    52  accident] a crash report, for furnishing a copy of [an accident] a crash
    53  report, and for furnishing a  copy  of  [an  accident]  a  crash  recon-
    54  struction  report  shall  not exceed the fees charged by the division of
    55  state police pursuant to section sixty-six-a of the public officers  law
    56  and/or  by  the  department  of  motor  vehicles pursuant to section two

        A. 6448                            41
 
     1  hundred two of the vehicle and traffic law, provided, however,  that  no
     2  fee  shall be charged to any public officer, board or body, or volunteer
     3  fire company, for searches or copies of [accident] crash reports  to  be
     4  used for a public purpose.
     5    §  109. Section 66-a of the public officers law, as amended by chapter
     6  169 of the laws of 1994 and subdivision 3 as added by chapter 179 of the
     7  laws of 2000, is amended to read as follows:
     8    § 66-a. [Accident] Crash reports kept by police authorities to be open
     9  to the inspection of persons interested. 1. Notwithstanding  any  incon-
    10  sistent  provisions of law, general, special or local, or any limitation
    11  contained in the provision of any city charter, all reports and  records
    12  of  any  [accident]  crash, kept or maintained by the state police or by
    13  the police department or force of any county,  city,  town,  village  or
    14  other  district  of  the  state,  shall be open to the inspection of any
    15  person having an interest therein,  or  of  such  person's  attorney  or
    16  agent,  even though the state or a municipal corporation or other subdi-
    17  vision thereof may have been involved in the  [accident]  crash;  except
    18  that  the  authorities  having  custody  of  such reports or records may
    19  prescribe reasonable rules and regulations in regard  to  the  time  and
    20  manner  of such inspection, and may withhold from inspection any reports
    21  or records the disclosure of which would  interfere  with  the  investi-
    22  gation  or  prosecution  by  such  authorities of a crime involved in or
    23  connected with the [accident] crash.
    24    2. Notwithstanding the  provisions  of  section  twenty-three  hundred
    25  seven  of  the civil practice law and rules, the public officers law, or
    26  any other law to the contrary, the division of state police shall charge
    27  fees for the search and copy of  [accident]  crash  reports  and  photo-
    28  graphs.  A  search  fee  of  fifteen dollars per [accident] crash report
    29  shall be charged, with no additional fee for a photocopy. An  additional
    30  fee  of  fifteen  dollars  shall  be charged for a certified copy of any
    31  [accident] crash report. A fee of twenty-five dollars per photograph  or
    32  contact  sheet  shall  be  charged.   The fees for investigative reports
    33  shall be the same as those for [accident] crash reports.
    34    3. Notwithstanding the  provisions  of  section  twenty-three  hundred
    35  seven  of  the  civil practice law and rules, this chapter, or any other
    36  law to the contrary, the county of Nassau, upon adoption of a local law,
    37  is hereby authorized to require the police department of the  county  of
    38  Nassau  to  charge  fees  for  the  search  and copy of [accident] crash
    39  reports and photographs. A search fee  of  ten  dollars  per  [accident]
    40  crash  report  shall be charged, with no additional fee for a photocopy.
    41  An additional fee of ten dollars shall be charged for a  certified  copy
    42  of  any [accident] crash report. A fee of fifteen dollars per photograph
    43  or contact sheet shall be charged. The fees  for  investigative  reports
    44  shall be the same as those for [accident] crash reports.
    45    §  110. Section 89-g of the state finance law, as added by chapter 751
    46  of the laws of 2005, subdivisions 2 and 3 as renumbered by section 2  of
    47  part D of chapter 58 of the laws of 2016, is amended to read as follows:
    48    §  89-g.  [Accident] Crash prevention course internet, and other tech-
    49  nology pilot program fund. 1. There is hereby established in  the  joint
    50  custody  of  the  state comptroller and the commissioner of taxation and
    51  finance a special fund to be known as the "[accident]  crash  prevention
    52  course internet, and other technology pilot program fund".
    53    2.  The moneys in the [accident] crash prevention course internet, and
    54  other technology pilot program fund shall be kept separate and shall not
    55  be commingled with any other moneys in the custody of  the  commissioner
    56  of taxation and finance and the state comptroller.

        A. 6448                            42
 
     1    3.  The moneys in such fund shall be expended only for the purposes of
     2  administering and implementing the provisions of article twelve-C of the
     3  vehicle and traffic law by the department of motor vehicles.
     4    §  111. Section 217 of the transportation law, as added by chapter 428
     5  of the laws of 1983, subdivision 5 as amended, subdivision  7  as  added
     6  and  subdivision  8  as renumbered by chapter 84 of the laws of 1985 and
     7  subdivision 9 as added by section 1 of part C of chapter 58 of the  laws
     8  of 2018, is amended to read as follows:
     9    § 217. Powers  and  duties  of  the  board.  The  board shall have the
    10  following powers and duties:
    11    1. To investigate [accidents] crashes occurring on or involving public
    12  transportation facilities or systems whether publicly or privately owned
    13  and report on the results of such investigations;
    14    2. To establish within the  board  [an  accident]  a  crash  reporting
    15  procedure and file for the purpose of accurate analysis of public trans-
    16  portation  safety  and  to prepare an annual [accident] crash report for
    17  the governor and the legislature;
    18    3. To review, in connection  with  the  investigation  of  [accidents]
    19  crashes,  the safety, maintenance and training programs of public trans-
    20  portation facilities or systems whether publicly or privately owned  and
    21  recommend  the  establishment  of  equipment  and  safety  standards  in
    22  connection therewith;
    23    4. To adopt, promulgate, amend and rescind suitable  rules  and  regu-
    24  lations  to  carry out the provisions and purposes of this article or to
    25  enforce any standards established hereunder;
    26    5. To hold hearings, issue reports, administer oaths or  affirmations,
    27  examine  any  person  under  oath  or affirmation and to issue subpoenas
    28  requiring the attendance  and  giving  of  testimony  of  witnesses  and
    29  require  the  production  of  any  books,  papers,  documentary or other
    30  evidence. The powers provided in this subdivision may  be  delegated  by
    31  the  board to any member of the board or department employee assigned to
    32  the board.  A subpoena issued under this subdivision shall be  regulated
    33  by the civil practice law and rules;
    34    6.  To  take  or cause to be taken affidavits or depositions within or
    35  without the state;
    36    7. To enter upon any property where a public transportation [accident]
    37  crash has occurred, or where  a  vehicle,  appurtenance  or  other  item
    38  involved  in  any  such  [accident]  crash  is  located,  to fulfill the
    39  requirements of article nine-b of this chapter.
    40    8. To render each year to the governor and to the legislature a  writ-
    41  ten report of its activities.
    42    9.  To enforce the requirements of section five thousand three hundred
    43  twenty-nine of title forty-nine of the United States  Code,  as  amended
    44  from  time  to  time, as it pertains to oversight of rail fixed guideway
    45  public transportation systems.
    46    § 112. Wherever the term "accident" appears in the vehicle and traffic
    47  law, such term is hereby changed to "crash".
    48    § 113. This act shall  take  effect  immediately;  provided,  however,
    49  that:
    50    a. the amendments to article 12-C of the vehicle and traffic law, made
    51  by  sections  forty-two through forty-seven of this act shall not affect
    52  the repeal of such article and shall be deemed repealed therewith;
    53    b. the amendments to paragraphs 2 and 3 of subdivision (m) of  section
    54  1111-a  of  the  vehicle  and traffic law made by section seventy-one of
    55  this act shall not affect the repeal of such section and shall be deemed
    56  repealed therewith;

        A. 6448                            43
 
     1    c. the amendments to paragraphs 2 and 3 of subdivision (n) of  section
     2  1111-b  of  the  vehicle  and traffic law made by section seventy-two of
     3  this act shall not affect the repeal of such section and shall be deemed
     4  repealed therewith;
     5    d.  the amendments to paragraphs 2 and 3 of subdivision (m) of section
     6  1111-b of the vehicle and traffic law made by section  seventy-three  of
     7  this act shall not affect the repeal of such section and shall be deemed
     8  repealed therewith;
     9    e.  the amendments to paragraphs 2 and 3 of subdivision (m) of section
    10  1111-b of the vehicle and traffic law made by  section  seventy-four  of
    11  this act shall not affect the repeal of such section and shall be deemed
    12  repealed therewith;
    13    f.  the amendments to paragraphs 2 and 3 of subdivision (n) of section
    14  1111-b of the vehicle and traffic law made by  section  seventy-five  of
    15  this act shall not affect the repeal of such section and shall be deemed
    16  repealed therewith;
    17    g.  the amendments to paragraphs 2 and 3 of subdivision (m) of section
    18  1111-d of the vehicle and traffic law made  by  section  seventy-six  of
    19  this act shall not affect the repeal of such section and shall be deemed
    20  repealed therewith;
    21    h.  the amendments to paragraphs 2 and 3 of subdivision (m) of section
    22  1111-d of the vehicle and traffic law made by section  seventy-seven  of
    23  this act shall not affect the repeal of such section and shall be deemed
    24  repealed therewith;
    25    i.  the amendments to paragraphs 2 and 3 of subdivision (m) of section
    26  1111-d of the vehicle and traffic law made by section  seventy-eight  of
    27  this act shall not affect the repeal of such section and shall be deemed
    28  repealed therewith;
    29    j.  the amendments to paragraphs 2 and 3 of subdivision (m) of section
    30  1111-e of the vehicle and traffic law made by  section  seventy-nine  of
    31  this act shall not affect the repeal of such section and shall be deemed
    32  repealed therewith;
    33    k.  the amendments to paragraph (g) of subdivision 5 and paragraph (a)
    34  of subdivision 6 of section 396-z of the general business  law  made  by
    35  sections  ninety-seven  and ninety-eight of this act shall be subject to
    36  the expiration and reversion of such section pursuant to  section  4  of
    37  chapter 109 of the laws of 2018, as amended;
    38    l. the amendments to subdivision 3 of section 66-a of the public offi-
    39  cers  law  made by section one hundred nine of this act shall not affect
    40  the repeal of such subdivision and shall be deemed  repealed  therewith;
    41  and
    42    m.  the  amendments  to  section 89-g of the state finance law made by
    43  section one hundred ten of this act shall not affect the repeal of  such
    44  section and shall be deemed repealed therewith.
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