<STYLE><!--U {color: Green}S {color: RED} I {color: DARKBLUE; background-color:yellow} P.brk {page-break-before:always}--></STYLE> <BASEFONT SIZE=3> <PRE WIDTH="136"> <FONT SIZE=5><B> STATE OF NEW YORK</B></FONT> ________________________________________________________________________ 7465 2025-2026 Regular Sessions <FONT SIZE=5><B> IN SENATE</B></FONT> April 17, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, the 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 the word accident with the word crash <B><U>The People of the State of New York, represented in Senate and Assem-</U></B> <B><U>bly, do enact as follows:</U></B> 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B>, 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 [<B><S>accidents</S></B>] <B><U>crashes</U></B>, by another motor vehicle, for which there is direct 18 or indirect compensation. Commercial towing shall also include towing by 19 a person, firm, corporation, or other entity pursuant to a contract or 20 other agreement with a political subdivision. 21 § 3. Section 114-b of the vehicle and traffic law, as amended by chap- 22 ter 496 of the laws of 2021, is amended to read as follows: EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD08291-01-5 </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 2 1 § 114-b. Emergency operation. The operation, or parking, of an author- 2 ized emergency vehicle, when such vehicle is engaged in transporting a 3 sick or injured person, transporting prisoners, delivering blood or 4 blood products in a situation involving an imminent health risk, trans- 5 porting human organs and/or medical personnel for the purpose of organ 6 recovery or transplantation in a situation involving an imminent health 7 risk where undue delay would jeopardize such recovery or transplanta- 8 tion, pursuing an actual or suspected violator of the law, or responding 9 to, or working or assisting at the scene of [<B><S>an accident</S></B>] <B><U>a crash</U></B>, 10 disaster, police call, alarm of fire, actual or potential release of 11 hazardous materials or other emergency. Emergency operation shall not 12 include returning from such service. 13 § 4. Section 148-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 § 148-b. Tow truck. A motor vehicle that tows or carries a disabled, 16 illegally parked or abandoned motor vehicle or a motor vehicle involved 17 in [<B><S>an accident</S></B>] <B><U>a crash</U></B>. 18 § 5. Subparagraph (i) of paragraph (i) of subdivision 1 of section 201 19 of the vehicle and traffic law, as amended by section 2 of part E of 20 chapter 60 of the laws of 2005, is amended to read as follows: 21 (i) any [<B><S>accident</S></B>] <B><U>crash</U></B> reports filed with the commissioner, 22 conviction certificates, police reports, complaints, satisfied judgment 23 records, closed suspension and revocation orders, hearing records, other 24 than audio tape recordings of hearings, significant correspondence 25 relating to any of the same, and any other record on file after remain- 26 ing on file for four years except that if the commissioner shall 27 receive, during the last year of such period of four years, written 28 notice to retain one or more of such papers or documents, the same shall 29 be retained for another four years in addition to said period of four 30 years. The provisions of this paragraph shall not apply to certificates 31 of conviction filed with respect to convictions which affect sentencing 32 or administrative action required by law beyond such four year period. 33 Such certificates may be destroyed after they have no legal effect on 34 sentencing or administrative action; 35 § 6. Subdivision 6 of section 201 of the vehicle and traffic law, as 36 amended by chapter 432 of the laws of 1997, is amended to read as 37 follows: 38 6. Whenever any document referred to in subdivision one of this 39 section is filed with this department when it is not required to be 40 filed and is used by this department for no other purposes, other than 41 for statistics or research, the document shall not be a public record. 42 Provided, however, that [<B><S>an accident</S></B>] <B><U>a crash</U></B> report filed with this 43 department when it is not required to be filed shall not be a public 44 record except as follows: for use by the state or any political subdi- 45 vision thereof for no other purposes other than for statistics or 46 research relating to highway safety; for any lawful purpose by a person 47 to whom such report pertains or named in such report, or [<B><S>his or her</S></B>] 48 <B><U>the person's</U></B> authorized representative; and, for use by any other 49 person, or [<B><S>his or her</S></B>] <B><U>the person's</U></B> authorized representative, who has 50 demonstrated to the satisfaction of the commissioner that such person is 51 or may be a party to a civil action arising out of the conduct described 52 in such [<B><S>accident</S></B>] <B><U>crash</U></B> report. 53 § 7. Subdivision 3 of section 202 of the vehicle and traffic law, as 54 amended by chapter 169 of the laws of 1994, is amended to read as 55 follows: </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 3 1 3. Fees for copies of documents. The fees for copies of documents, 2 other than [<B><S>accident</S></B>] <B><U>crash</U></B> reports, shall be one dollar per page. A 3 page shall consist of either a single or double side of any document. 4 The fee for a copy of [<B><S>an accident</S></B>] <B><U>a crash</U></B> report shall be fifteen 5 dollars. All copies of documents shall be certified at no additional 6 fee. Whenever search of records of the department is required in 7 conjunction with a request for a copy of a document, the fee for such 8 search shall be the fee provided in paragraph (a) of subdivision two of 9 this section. The result of such search will be the locating of the 10 document to be copied, or if no document can be located, a certification 11 to that effect will be the result of the search. 12 § 8. Subdivision 1 of section 220 of the vehicle and traffic law, as 13 added by chapter 574 of the laws of 1969, is amended to read as follows: 14 (1) Notwithstanding any other provision of this chapter or other law, 15 whether general, special or local, the commissioner may permit the 16 installation and use of any item of equipment which [<B><S>he</S></B>] <B><U>the commission-</U></B> 17 <B><U>er</U></B>, in [<B><S>his</S></B>] <B><U>the commissioner's</U></B> discretion, determines will either 18 reduce [<B><S>accidents</S></B>] <B><U>crashes</U></B>, injuries and fatalities, or otherwise 19 contribute to highway safety. 20 § 9. Paragraph a of subdivision 4 of section 250 of the vehicle and 21 traffic law, as amended by chapter 305 of the laws of 1995, is amended 22 to read as follows: 23 a. The provisions of this chapter relative to the registration of 24 motor vehicles, motorcycles and trailers and the display of registration 25 numbers shall not apply to a motor vehicle, motorcycle or trailer owned 26 by a non-resident of the state who is a seasonal farm laborer, for a 27 period extending from the first day of April to and including the thir- 28 tieth day of November in each year, provided that the owner thereof 29 shall have complied with the provisions of the law of the foreign coun- 30 try, state, territory or federal district of [<B><S>his</S></B>] <B><U>the owner's</U></B> residence 31 relative to registration of such motor vehicle, motorcycle or trailer, 32 as the case may be, and the display of registration numbers thereof, and 33 provided further that the owner thereof shall furnish proof to the 34 commissioner that such owner has in effect with respect to such motor 35 vehicle an automobile liability policy issued by an insurance company 36 authorized to do business in this state or by an unauthorized insurer 37 authorized to transact business in the jurisdiction of [<B><S>his</S></B>] <B><U>the owner's</U></B> 38 residence in at least the amount of twenty-five thousand dollars because 39 of bodily injury to or fifty thousand dollars because of death of one 40 person in any one [<B><S>accident</S></B>] <B><U>crash</U></B> and, subject to said limit for one 41 person, in at least the amount of fifty thousand dollars because of 42 bodily injury to or one hundred thousand dollars because of death of two 43 or more persons in any [<B><S>accident</S></B>] <B><U>crash</U></B>, and in at least the amount of 44 ten thousand dollars because of injury to or destruction of property of 45 others in any one [<B><S>accident</S></B>] <B><U>crash</U></B>. 46 § 10. Subdivision 1 of section 253 of the vehicle and traffic law, as 47 amended by chapter 216 of the laws of 1992, is amended to read as 48 follows: 49 1. The use or operation by a non-resident of a vehicle in this state, 50 or the use or operation in this state of a vehicle in the business of a 51 non-resident, or the use or operation in this state of a vehicle owned 52 by a non-resident if so used or operated with [<B><S>his</S></B>] <B><U>the non-resident's</U></B> 53 permission, express or implied, shall be deemed equivalent to an 54 appointment by such non-resident of the secretary of state to be [<B><S>his</S></B>] 55 <B><U>the non-resident's</U></B> true and lawful attorney upon whom may be served the 56 summons in any action against [<B><S>him</S></B>] <B><U>the non-resident</U></B>, growing out of any </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 4 1 [<B><S>accident</S></B>] <B><U>crash</U></B> or collision in which such non-resident may be involved 2 while using or operating such vehicle in this state or in which such 3 vehicle may be involved while being used or operated in this state in 4 the business of such non-resident or with the permission, express or 5 implied, of such non-resident owner; and such use or operation shall be 6 deemed a signification of [<B><S>his</S></B>] <B><U>the non-resident</U></B> agreement that any such 7 summons against [<B><S>him</S></B>] <B><U>the non-resident</U></B> which is so served shall be of 8 the same legal force and validity as if served on [<B><S>him</S></B>] <B><U>non-resident</U></B> 9 personally within the state and within the territorial jurisdiction of 10 the court from which the summons issues, and that such appointment of 11 the secretary of state shall be irrevocable and binding upon [<B><S>his</S></B>] <B><U>the</U></B> 12 <B><U>non-resident's</U></B> executor or administrator. Where such non-resident has 13 died prior to the commencement of an action brought pursuant to this 14 section, service of process shall be made on the executor or administra- 15 tor of such non-resident in the same manner and on the same notice as is 16 provided in the case of the non-resident [<B><S>himself</S></B>]. Where an action has 17 been duly commenced under the provisions of this section against a non- 18 resident who dies thereafter, the court must allow the action to be 19 continued against [<B><S>his</S></B>] <B><U>the</U></B> executor or administrator upon motion with 20 such notice as the court deems proper. 21 § 11. Section 254 of the vehicle and traffic law, as amended by chap- 22 ter 418 of the laws of 1964, is amended to read as follows: 23 § 254. Service of summons on residents who depart from state and on 24 residents' executors or administrators who are nonresidents or who 25 depart from state. The provisions of section two hundred fifty-three of 26 this chapter shall also apply (a) to a resident who departs from the 27 state subsequent to the [<B><S>accident</S></B>] <B><U>crash</U></B> or collision and remains absent 28 therefrom for thirty days continuously, whether such absence is intended 29 to be temporary or permanent, and to any executor or administrator of 30 such resident, and (b) to an executor or administrator of a resident if 31 such executor or administrator is a nonresident or if, being a resident, 32 [<B><S>he</S></B>] <B><U>such executor or administrator</U></B> departs from the state and remains 33 absent therefrom for thirty days continuously, whether such absence is 34 intended to be temporary or permanent. 35 § 12. Section 301-a of the vehicle and traffic law, as added by chap- 36 ter 634 of the laws of 1973, and subdivision 1 as amended by chapter 608 37 of the laws of 1993, is amended to read as follows: 38 § 301-a. Re-inspection of motor vehicles involved in certain [<B><S>acci-</S></B> 39 <B><S>dents</S></B>] <B><U>crashes</U></B>. 1. The commissioner may require that a motor vehicle 40 registered in this state or elsewhere which is required to be inspected, 41 be re-inspected after it is involved in a property damage [<B><S>accident</S></B>] 42 <B><U>crash</U></B> which is required to be reported to the motor vehicle department. 43 Such re-inspection shall be made within sixty days of the date of the 44 [<B><S>accident</S></B>] <B><U>crash</U></B> if the motor vehicle is driven away from the [<B><S>accident</S></B>] 45 <B><U>crash</U></B> site. Such re-inspection shall be made before the vehicle is oper- 46 ated on the public highways if the motor vehicle is towed or transported 47 from the [<B><S>accident</S></B>] <B><U>crash</U></B> site, except that a motor vehicle may be driv- 48 en from a repair shop to an inspection station for the purpose of being 49 re-inspected. 50 2. The owner of a car so damaged shall be required to submit to the 51 department within the same time limit as provided in subdivision one of 52 this section satisfactory proof of re-inspection pursuant to rules and 53 regulations to be promulgated by the commissioner. 54 3. Failure to submit such proof of re-inspection as herein provided 55 shall constitute ground for suspension or revocation of [<B><S>his</S></B>] <B><U>the</U></B> 56 <B><U>owner's</U></B> privileges of operating a motor vehicle in this state and of the </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 5 1 operation within this state of any motor vehicle owned by [<B><S>him</S></B>] <B><U>the</U></B> 2 <B><U>owner</U></B>. 3 § 13. Subdivision 2 of section 310 of the vehicle and traffic law is 4 amended to read as follows: 5 (2) Declaration of purpose. The legislature is concerned over the 6 rising toll of motor vehicle [<B><S>accidents</S></B>] <B><U>crashes</U></B> and the suffering and 7 loss thereby inflicted. The legislature determines that it is a matter 8 of grave concern that motorists shall be financially able to respond in 9 damages for their negligent acts, so that innocent victims of motor 10 vehicle [<B><S>accidents</S></B>] <B><U>crashes</U></B> may be recompensed for the injury and finan- 11 cial loss inflicted upon them. The legislature finds and declares that 12 the public interest can best be served in satisfying the insurance 13 requirements of this article by private enterprise operating in a 14 competitive market to provide proof of financial security through the 15 methods prescribed herein. 16 § 14. Paragraph (a) of subdivision 4 of section 311 of the vehicle and 17 traffic law, as amended by chapter 305 of the laws of 1995, is amended 18 to read as follows: 19 (a) Affording coverage as defined in the minimum provisions prescribed 20 in a regulation which shall be promulgated by the superintendent at 21 least ninety days prior to effective date of this act. The superinten- 22 dent before promulgating such regulations or any amendment thereof, 23 shall consult with all insurers licensed to write automobile liability 24 insurance in this state and shall not prescribe minimum provisions which 25 fail to reflect the provisions of automobile liability insurance poli- 26 cies, other than motor vehicle liability policies as defined in section 27 three hundred forty-five of this chapter, issued within this state at 28 the date of such regulation or amendment thereof. Nothing contained in 29 such regulation or in this article shall prohibit any insurer from 30 affording coverage under an owner's policy of liability insurance more 31 liberal than that required by said minimum provisions. Every such 32 owner's policy of liability insurance shall provide insurance subject to 33 said regulation against loss from the liability imposed by law for 34 damages, including damages for care and loss of services, because of 35 bodily injury to or death of any person and injury to or destruction of 36 property arising out of the ownership, maintenance, use, or operation of 37 a specific motor vehicle or motor vehicles within the state of New York, 38 or elsewhere in the United States in North America or the Dominion of 39 Canada, subject to a limit, exclusive of interest and costs, with 40 respect to each such motor vehicle except a tow truck, of twenty-five 41 thousand dollars because of bodily injuries to and fifty thousand 42 dollars because of death of one person in any one [<B><S>accident</S></B>] <B><U>crash</U></B> and, 43 subject to said limit for one person, to a limit of fifty thousand 44 dollars because of bodily injury to and one hundred thousand dollars 45 because of death of two or more persons in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, and 46 to a limit of ten thousand dollars because of injury to or destruction 47 of property of others in any one [<B><S>accident</S></B>] <B><U>crash</U></B> provided, however, 48 that such policy need not be for a period coterminous with the registra- 49 tion period of the vehicle insured. The limit, exclusive of interest and 50 costs, with respect to a tow truck shall be a combined single limit of 51 at least three hundred thousand dollars because of bodily injury or 52 death to one or more persons or because of injury or destruction of 53 property of others in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, and to a limit of twen- 54 ty-five thousand dollars because of damage to a vehicle in the care, 55 custody and control of the insured. Any insurer authorized to issue an 56 owner's policy of liability insurance as provided for in this article </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 6 1 may, pending the issue of such a policy, make an agreement, to be known 2 as a binder, or may, in lieu of such a policy, issue a renewal endorse- 3 ment or evidence of renewal of an existing policy; each of which shall 4 be construed to provide indemnity or protection in like manner and to 5 the same extent as such a policy. The provisions of this article shall 6 apply to such binders, renewal endorsements or evidences of renewal. 7 Every such policy issued insuring private passenger vehicles and every 8 renewal policy, renewal endorsement, or other evidence of renewal issued 9 shall have attached thereto a rating information form which clearly 10 specifies and defines the rating classification assigned thereto, 11 including any applicable merit rating plan; and 12 § 15. Subdivision 1 of section 315 of the vehicle and traffic law is 13 amended to read as follows: 14 1. The commissioner, upon the surrender of the registration and number 15 plates for a motor vehicle for which a financial security bond or depos- 16 it was accepted by the commissioner, shall permit the cancellation of 17 any such bond or shall direct that any such deposit be returned by the 18 commissioner of taxation and finance. The commissioner shall not release 19 such bond or deposit in the event any action for damages upon a liabil- 20 ity referred to in this article is then pending or any judgment upon any 21 such liability then outstanding and unsatisfied, or in the event the 22 commissioner has received notice that such person has within the period 23 of three months immediately preceding been involved as a driver in any 24 motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B>. An affidavit of the applicant of non- 25 existence of such facts shall be sufficient evidence thereof in the 26 absence of evidence to the contrary in the records of the bureau. 27 § 16. Section 316 of the vehicle and traffic law, the third undesig- 28 nated paragraph as amended by chapter 511 of the laws of 1999, and the 29 fourth undesignated paragraph as added by chapter 316 of the laws of 30 1972, is amended to read as follows: 31 § 316. Self-insurers. The commissioner, in [<B><S>his</S></B>] <B><U>the commissioner's</U></B> 32 discretion, may upon the application of a person having registered in 33 [<B><S>his</S></B>] <B><U>such person's</U></B> name in this state more than twenty-five motor vehi- 34 cles, issue a certificate of self-insurance when [<B><S>he</S></B>] <B><U>the commissioner</U></B> 35 is reasonably satisfied that such person is possessed and will continue 36 to be possessed of financial ability to respond to judgments obtained 37 against such person, arising out of the ownership, maintenance, use or 38 operation of any such person's motor vehicles. Upon due notice and hear- 39 ing, the commissioner may, in [<B><S>his</S></B>] <B><U>the commissioner's</U></B> discretion and 40 upon reasonable grounds, cancel a certificate of self-insurance. 41 As a condition to the issuance of a certificate of self-insurance, the 42 registrant shall pay annually in addition to any other fee prescribed by 43 this chapter, a fee of one dollar and fifty cents for each motor vehicle 44 registered in [<B><S>his</S></B>] <B><U>the registrant's</U></B> name and the aggregate amount of 45 such fees shall be applied in reduction of the assessment levied pursu- 46 ant to section three hundred seventeen <B><U>of this article</U></B>. 47 As a further condition to the issuance of a certificate of self-insu- 48 rance, the registrant shall pay annually in addition to any other fee 49 prescribed by this chapter, an amount per vehicle to be determined by 50 the Motor Vehicle [<B><S>Accident</S></B>] <B><U>Crash</U></B> Indemnification Corporation pursuant 51 to section five thousand two hundred seven of the insurance law for each 52 motor vehicle registered in [<B><S>his</S></B>] <B><U>the registrant's</U></B> name and the aggre- 53 gate amount of such fees shall be transmitted by the commissioner to the 54 Motor Vehicle [<B><S>Accident</S></B>] <B><U>Crash</U></B> Indemnification Corporation continued 55 pursuant to section five thousand two hundred three of the insurance law 56 to be applied in reduction of assessments levied by said corporation </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 7 1 pursuant to section five thousand two hundred seven of the insurance 2 law. 3 Notwithstanding the provisions of any other section, for the purposes 4 of this section, the term "motor vehicle" shall include "snowmobiles" as 5 defined by subdivision [<B><S>six of § 8-0105 of the conservation law</S></B>] <B><U>one of</U></B> 6 <B><U>section twenty-two hundred twenty-one of this chapter</U></B>. 7 § 17. Subdivision 9 of section 318 of the vehicle and traffic law, as 8 amended by chapter 1025 of the laws of 1971, is amended to read as 9 follows: 10 9. (a) If a motor vehicle has been involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B>, 11 and its registration or the driver's license of its operator, or both, 12 have been revoked pursuant to this section, then neither such vehicle 13 nor any other motor vehicle shall be registered or reregistered in the 14 name of its owner or of any other person legally responsible for its 15 use, nor shall any driver's license be issued to such owner, person or 16 operator until one year has passed since the date of such revocation 17 and, as the case may be, the commissioner has received the payments and 18 evidence required by paragraph (c) [<B><S>below</S></B>] <B><U>of this subdivision</U></B>. 19 (b) If a motor vehicle not registered in this state is involved in [<B><S>an</S></B> 20 <B><S>accident</S></B>] <B><U>a crash</U></B> in this state and the privilege of its operation with- 21 in this state has been revoked, then neither its owner, any person 22 legally responsible for its use nor its operator shall exercise the 23 privilege of the operation of such vehicle within this state or the 24 privilege of operation within this state of any motor vehicle, until one 25 year has passed since the date of revocation and, as the case may be, 26 the commissioner has received the payments and evidence as required in 27 <B><U>paragraph</U></B> (c) [<B><S>below</S></B>] <B><U>of this subdivision</U></B>. 28 (c) The payments and evidence referred to in paragraphs (a) and (b) 29 [<B><S>above</S></B>] <B><U>of this subdivision</U></B> shall be evidence, satisfactory to the 30 commissioner, 31 (1) That no cause of action based upon such [<B><S>accident</S></B>] <B><U>crash</U></B> against 32 such owner, person legally responsible or operator has been commenced 33 within a period of one year from the date of the [<B><S>accident</S></B>] <B><U>crash</U></B> or a 34 release thereof has been given to such owner, person or operator, or 35 (2) That no judgment arising out of such cause of action for amounts 36 within the limits stated in paragraph (a) of subdivision four of section 37 three hundred eleven <B><U>of this article</U></B> against such owner, person or oper- 38 ator remains unsatisfied, except that such registration and licensing 39 privileges may be restored on compliance with the procedures permitting 40 the payment of a judgment in installments provided in section three 41 hundred thirty-four <B><U>of this title,</U></B> and 42 (3) That all civil penalties required to be paid to the department 43 pursuant to the provisions of subdivision five of section three hundred 44 nineteen of this [<B><S>chapter</S></B>] <B><U>article</U></B> have been paid. 45 § 18. Paragraph (a) of subdivision 11 of section 318 of the vehicle 46 and traffic law, as amended by chapter 735 of the laws of 1970, is 47 amended to read as follows: 48 (a) Where the license or privileges of any person, or the registration 49 of a motor vehicle registered in [<B><S>his</S></B>] <B><U>such person's</U></B> name, has been 50 suspended or revoked under <B><U>this</U></B> article [<B><S>six of this chapter</S></B>], and the 51 motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> indemnification corporation or an insurer 52 has paid any amount towards satisfaction of a judgment against such 53 person, or has obtained a judgment against such person as a result of 54 payments made to third parties such license, privileges or registration 55 shall be suspended, or the suspension or revocation thereof shall be 56 continued, as provided in this subdivision. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 8 1 § 19. Paragraphs (a) and (c) of subdivision 12 of section 318 of the 2 vehicle and traffic law, paragraph (a) as amended by chapter 843 of the 3 laws of 1980, and paragraph (c) as amended by chapter 805 of the laws of 4 1984, are amended to read as follows: 5 (a) If the owner or operator of a motor vehicle in any manner involved 6 in [<B><S>an accident</S></B>] <B><U>a crash</U></B> occurring in this state resulting in death or 7 bodily injuries to any person fails to produce satisfactory evidence as 8 proof of financial security within forty-eight hours after the [<B><S>acci-</S></B> 9 <B><S>dent</S></B>] <B><U>crash</U></B>, the motor vehicle shall be subject to impoundment and any 10 peace officer, acting pursuant to [<B><S>his</S></B>] <B><U>such officer's</U></B> special duties, 11 or any police officer is authorized to impound and store such motor 12 vehicle. If said motor vehicle is subject to impoundment and is not so 13 impounded, the owner or [<B><S>his</S></B>] <B><U>the owner's</U></B> representative shall cause 14 said motor vehicle to be stored in a public garage or storage place in 15 this state as selected by the owner or representative and shall continue 16 such storage for the period of time provided in this section. The afore- 17 mentioned storage shall constitute "impoundment" within the meaning of 18 this section. The cost of storage of any such impounded motor vehicle 19 shall be borne by the owner. So long as the impoundment is in force no 20 person shall remove the impounded vehicle or permit it to be removed 21 from its place of impoundment except upon the order of the commissioner. 22 (c) The impoundment shall continue until (1) there is a final disposi- 23 tion of the claim for death or bodily injury of the person, resulting 24 from the [<B><S>accident</S></B>] <B><U>crash</U></B> in which said motor vehicle was involved, by 25 payment of a judgment or settlement by the owner, or by a final judgment 26 in [<B><S>his</S></B>] <B><U>the owner's</U></B> favor, or (2) one year has elapsed since the date 27 of the [<B><S>accident</S></B>] <B><U>crash</U></B> and no filing has been made pursuant to section 28 five thousand two hundred eight of the insurance law, or (3) a release 29 of the motor vehicle upon order of the commissioner. The commissioner 30 may order the release of said motor vehicle upon the depositing with the 31 commissioner of taxation and finance of security or a bond in such form 32 and amount as may be approved by the commissioner. If said motor vehicle 33 is not released from impoundment after the lapse of one year, the 34 commissioner may dispose of it by public sale and remit the proceeds 35 from the sale to the commissioner of taxation and finance to be held 36 pending the final disposition of the claim. 37 § 20. Subdivision (d) of section 332 of the vehicle and traffic law is 38 amended to read as follows: 39 (d) Any person whose license, registration or non-resident's driving 40 privilege is subject to suspension hereunder, may be relieved from the 41 effect of failure to satisfy such judgment, if such person files with 42 the commissioner proper evidence that a bond or insurance policy as 43 provided for in this article was in force and effect at the time of the 44 [<B><S>accident</S></B>] <B><U>crash</U></B> resulting in the judgment, and was available for the 45 satisfaction of the judgment to the extent provided for in section three 46 hundred thirty-three <B><U>of this article</U></B> and that such judgment was so 47 satisfied. 48 § 21. Section 333 of the vehicle and traffic law, as amended by chap- 49 ter 305 of the laws of 1995, is amended to read as follows: 50 § 333. Payments sufficient to satisfy requirements of this article. 51 Every judgment herein referred to shall for the purpose of this article 52 only be deemed satisfied: (a) When twenty-five thousand dollars has been 53 credited upon any judgment or judgments rendered in excess of that 54 amount because of bodily injury to or when fifty thousand dollars has 55 been credited upon any judgment or judgments rendered in excess of that </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 9 1 amount because of death of one person as the result of any one [<B><S>acci-</S></B> 2 <B><S>dent</S></B>] <B><U>crash</U></B>; or 3 (b) When subject to such limit of twenty-five thousand dollars because 4 of bodily injury to or fifty thousand dollars because of death of one 5 person, the sum of fifty thousand dollars has been credited upon any 6 judgment or judgments rendered in excess of that amount because of bodi- 7 ly injury to or when one hundred thousand dollars has been credited upon 8 any judgment or judgments rendered in excess of that amount because of 9 death of two or more persons as the result of any one [<B><S>accident</S></B>] <B><U>crash</U></B>; 10 or 11 (c) When ten thousand dollars has been credited upon any judgment or 12 judgments rendered in excess of that amount because of injury to or 13 destruction of property of others as a result of any one [<B><S>accident</S></B>] 14 <B><U>crash</U></B>. 15 Payments made in settlement of any claims because of bodily injury, 16 death or property damage arising from a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> 17 shall be credited in reduction of the amounts provided for in this 18 section. 19 § 22. Section 335 of the vehicle and traffic law, subdivision (a) as 20 amended by chapter 305 of the laws of 1995, and paragraph 1 of subdivi- 21 sion (a) as further amended by section 104 of part A of chapter 62 of 22 the laws of 2011, is amended to read as follows: 23 § 335. Security and proof required following [<B><S>accident</S></B>] <B><U>crash</U></B>. (a) Not 24 less than ten days nor more than sixty days after receipt by [<B><S>him</S></B>] <B><U>the</U></B> 25 <B><U>commissioner</U></B> of the report or notice of [<B><S>an accident</S></B>] <B><U>a crash</U></B> which has 26 resulted in bodily injury or death, or in damage to the property of any 27 one person in excess of one thousand dollars, the commissioner shall 28 forthwith suspend the license of any person operating, and the registra- 29 tion certificates and registration plates of any person owning, a motor 30 vehicle in any manner involved in such [<B><S>accident</S></B>] <B><U>crash</U></B> unless and until 31 such operator (or chauffeur) or owner or both shall have previously 32 furnished or immediately furnishes security sufficient in the judgment 33 of the commissioner to satisfy any judgment or judgments for damages 34 resulting from such [<B><S>accident</S></B>] <B><U>crash</U></B> as may be recovered against such 35 owner or operator (or chauffeur) by or on behalf of any aggrieved person 36 or [<B><S>his</S></B>] <B><U>such person's</U></B> legal representative, and unless and until such 37 owner or operator (or chauffeur) or both shall immediately furnish and 38 thereafter maintain proof of financial responsibility in the future. 39 Where erroneous information with respect to insurance coverage of the 40 owner or operator (or chauffeur) of any such vehicle is furnished to the 41 commissioner, [<B><S>he</S></B>] <B><U>the commissioner</U></B> shall take appropriate action as 42 above provided within sixty days after the receipt by [<B><S>him</S></B>] <B><U>the commis-</U></B> 43 <B><U>sioner</U></B> of correct information with respect to such coverage. This 44 section shall not apply: (1) to such owner or operator (or chauffeur) if 45 such owner had in effect at the time of such [<B><S>accident</S></B>] <B><U>crash</U></B> with 46 respect to such motor vehicle a standard provisions automobile liability 47 policy in form approved by the superintendent of financial services and 48 issued by an insurance company authorized to do business in this state 49 or, if such motor vehicle was not registered in this state or was a 50 motor vehicle which was registered elsewhere than in this state at the 51 effective date of the policy, or the most recent renewal thereof, an 52 automobile liability policy acceptable to the superintendent of finan- 53 cial services as substantially the equivalent of such standard 54 provisions automobile liability policy; (2) to such operator (or chauf- 55 feur), if not the owner of such motor vehicle, if there was in effect at 56 the time of such [<B><S>accident</S></B>] <B><U>crash</U></B> such a policy with respect to [<B><S>his</S></B>] </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 10 1 <B><U>such person's</U></B> operation of motor vehicles not owned by [<B><S>him</S></B>] <B><U>such person</U></B> 2 or, if such motor vehicle was a private passenger motor vehicle, with 3 respect to [<B><S>his</S></B>] <B><U>such person's</U></B> operation of private passenger motor 4 vehicles not owned by [<B><S>him</S></B>] <B><U>such person</U></B> or (3) to such owner or operator 5 (or chauffeur) if the liability of such owner or operator (or chauffeur) 6 for damages resulting from such [<B><S>accident</S></B>] <B><U>crash</U></B> is, in the judgment of 7 the commissioner, covered by any other form of liability insurance poli- 8 cy issued by an insurance company authorized to do business in this 9 state or by a bond, provided every such policy or bond mentioned herein 10 is subject, if the [<B><S>accident</S></B>] <B><U>crash</U></B> has resulted in bodily injury, to a 11 limit, exclusive of interest and costs, of twenty-five thousand dollars 12 or death to a limit, exclusive of interest and costs, of fifty thousand 13 dollars, because of bodily injury to or death of one person in any one 14 [<B><S>accident</S></B>] <B><U>crash</U></B> and, subject to said limit for one person, to a limit 15 of fifty thousand dollars because of bodily injury to or one hundred 16 thousand dollars because of death of two or more persons in any one 17 [<B><S>accident</S></B>] <B><U>crash</U></B>, and, if the [<B><S>accident</S></B>] <B><U>crash</U></B> has resulted in injury to 18 or destruction of property, to a limit of ten thousand dollars because 19 of injury to or destruction of property of others in any one [<B><S>accident</S></B>] 20 <B><U>crash</U></B> or (4) to such owner or operator if the commissioner shall deter- 21 mine that the failure to have liability coverage as described above was 22 caused solely by the negligence or malfeasance of a person other than 23 the person whose license or registration has been suspended or is 24 subject to suspension, and that the person seeking to avoid such suspen- 25 sion was not aware of the lack of such liability coverage. However, with 26 respect to the provisions of (4) above, the burden of proof shall be 27 upon the person seeking to avoid such suspension action. Provided 28 further, that such facts shall be established by clear and convincing 29 evidence, either by the submission of affidavits or at a hearing called 30 in the discretion of the commissioner. 31 Upon receipt of notice of such [<B><S>accident</S></B>] <B><U>crash</U></B>, the insurance carrier 32 or surety company which issued such policy or bond shall furnish for 33 filing with the commissioner a written notice that such policy or bond 34 was in effect at the time of such [<B><S>accident</S></B>] <B><U>crash</U></B> or shall notify the 35 commissioner in such manner as [<B><S>he</S></B>] <B><U>the commissioner</U></B> may require in case 36 such policy or bond was not in effect at the time of such [<B><S>accident</S></B>] 37 <B><U>crash</U></B>. 38 In case any such operator (or chauffeur) or owner has no license to 39 operate issued under this chapter or no motor vehicle registered in 40 [<B><S>his</S></B>] <B><U>their</U></B> name in this state, [<B><S>he</S></B>] <B><U>they</U></B> shall not be allowed a license 41 or registration until [<B><S>he has</S></B>] <B><U>they have</U></B> complied with this article to 42 the same extent as would be necessary if [<B><S>he</S></B>] <B><U>they</U></B> had held an opera- 43 tor's or chauffeur's license and a motor vehicle registration issued 44 under this chapter at the time of the [<B><S>accident</S></B>] <B><U>crash</U></B>. 45 (b) Such security, where ordered, shall be in such form and in such 46 amount as the commissioner may require, but in no case in excess of the 47 amount of proof required by section three hundred forty-one of this 48 article. The commissioner may reduce the amount of security ordered in 49 any case within six months after the date of the [<B><S>accident</S></B>] <B><U>crash</U></B>, if, 50 in [<B><S>his</S></B>] <B><U>the commissioner's</U></B> judgment, the amount ordered is too large. 51 In case the security originally ordered has been deposited, the excess 52 deposited over the reduced amount ordered shall be returned to the depo- 53 sitor or [<B><S>his</S></B>] <B><U>the depositor's</U></B> personal representative forthwith, 54 notwithstanding the provisions of subdivision (c) of this section. 55 (c) Security furnished in compliance with the requirements of this 56 section shall be placed by the commissioner in the custody of the </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 11 1 commissioner of taxation and finance and shall be applicable only to the 2 payment of a judgment against the depositor for damages arising out of 3 the [<B><S>accident</S></B>] <B><U>crash</U></B> in question in an action at law begun not later 4 than one year after the date of such [<B><S>accident</S></B>] <B><U>crash</U></B> or, upon assign- 5 ment of the depositor, made not later than one year after the date of 6 such [<B><S>accident</S></B>] <B><U>crash</U></B>, to the settlement of a claim arising out of such 7 [<B><S>accident</S></B>] <B><U>crash</U></B>, or upon assignment of the depositor, made after the 8 expiration of one year after the date of such [<B><S>accident</S></B>] <B><U>crash</U></B>, to the 9 settlement of an action at law begun not later than one year after the 10 date of such [<B><S>accident</S></B>] <B><U>crash</U></B>. All of such payments made out of the 11 deposited security shall be made as follows: Payment shall first be 12 made to each of the judgment creditors and to each of the claimants who 13 have agreed to settle their claims, whose damages were evaluated by the 14 commissioner, in an amount not greater than the amount fixed in their 15 respective evaluations. Whenever the commissioner shall be given 16 evidence, satisfactory to [<B><S>him</S></B>] <B><U>the commissioner</U></B>, that the amounts of 17 all claims for damages against the depositor arising out of such [<B><S>acci-</S></B> 18 <B><S>dent</S></B>] <B><U>crash</U></B> are fixed, either by judgment or settlement agreement, 19 payment shall be made out of any balance remaining after the first 20 distribution to each of those persons whose judgments or settlement 21 amounts have not been fully paid but whose damages were evaluated by the 22 commissioner, in proportion to the amounts of their respective evalu- 23 ations unless there is sufficient to make payment in full; and any 24 balance remaining after the first and second distributions are completed 25 shall be paid to those judgment creditors and those claimants who have 26 agreed to settle their claims but whose damages were not evaluated, in 27 proportion to the amounts of their respective judgments or settlement 28 amounts unless there is sufficient to make payment in full. Such depos- 29 it, or any balance thereof, shall be returned to the depositor or [<B><S>his</S></B>] 30 <B><U>the depositor's</U></B> personal representative whenever after the expiration of 31 such year, the commissioner shall be given evidence, satisfactory to 32 [<B><S>him</S></B>] <B><U>the commissioner</U></B>, that there is no such action pending and no such 33 judgment unsatisfied or whenever, before the expiration of such year, 34 the commissioner shall be given evidence, satisfactory to [<B><S>him</S></B>] <B><U>the</U></B> 35 <B><U>commissioner</U></B>, that there is no such judgment unsatisfied and that there 36 is no existing cause of action against the depositor for damages arising 37 out of such [<B><S>accident</S></B>] <B><U>crash</U></B>. 38 (c-1) After security, furnished in compliance with the requirements of 39 this section, has remained on deposit for five years, the commissioner 40 shall make a determination as to whether the deposit, or any balance 41 thereof, is returnable to the depositor or the person entitled thereto. 42 In the event that such deposit, or any balance thereof, is determined to 43 be returnable, but remains unclaimed by the depositor or the person 44 entitled thereto for a period of one year following the date of such 45 determination, such unclaimed deposit, or any balance thereof, shall be 46 deemed abandoned property subject to the provisions of the abandoned 47 property law. 48 (d) The provisions of subdivision (a) of this section shall not apply 49 to the owner of a motor vehicle operated by one having obtained 50 possession or control thereof without the expressed or implied consent 51 of such owner, to a police officer or member of the state police who is 52 compelled to assume the custody and operation of a motor vehicle of 53 another because such motor vehicle was (1) stolen from or lost by the 54 owner, (2) abandoned, either by the owner or any other person with or 55 without the owner's consent, (3) is being operated by a person disabled 56 so as not to be able to operate it properly, or (4) is being operated by </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 12 1 an intoxicated person; or to either the owner or operator of a motor 2 vehicle involved in an [<B><S>accident</S></B>] <B><U>crash</U></B> wherein no damage or injury was 3 caused to other than the person or property of such owner or operator. 4 (e) In lieu of deposit of security when required pursuant to the 5 provisions of this section the commissioner may accept a written agree- 6 ment, executed and acknowledged by the person required to deposit secu- 7 rity and any person who has sustained bodily injury, including death, or 8 damage to [<B><S>his</S></B>] property, or [<B><S>his</S></B>] <B><U>such person's</U></B> legal representative, 9 providing for the payment of an agreed amount in installments, with 10 respect to the claims of such person for injuries or damages resulting 11 from the [<B><S>accident</S></B>] <B><U>crash</U></B>. In the event of default in payment of any 12 installment under such agreement, then upon notice of such default the 13 commissioner shall forthwith suspend the license and registration 14 certificates and registration plates of the person in default until 15 release has been filed with the commissioner indicating that the entire 16 agreed amount has been paid. But in no case shall such agreement be used 17 in lieu of proof of maintenance of financial responsibility in the 18 future required pursuant to the provisions of this section. 19 § 23. Section 337 of the vehicle and traffic law, as amended by chap- 20 ter 176 of the laws of 1990, is amended to read as follows: 21 § 337. Suspension, duration. (a) The suspension required in sections 22 three hundred thirty-two, three hundred thirty-four and <B><U>subdivision (e)</U></B> 23 <B><U>of section</U></B> three hundred thirty-five [<B><S>(e)</S></B>] <B><U>of this article</U></B> shall remain 24 in effect, the motor vehicle in any manner involved in such [<B><S>accident</S></B>] 25 <B><U>crash</U></B> shall not be registered in the name of the person whose license 26 and/or registration certificate was so suspended, or in any other name 27 where the commissioner has reasonable grounds to believe that such 28 registration will have the effect of defeating the purposes of this 29 article, and no other motor vehicle shall be registered in the name of 30 such person nor any new licenses issued to such person unless and until 31 such judgment is satisfied or stayed or is discharged in bankruptcy and 32 the judgment debtor gives proof of financial responsibility in the 33 future as required pursuant to section three hundred thirty-five <B><U>of this</U></B> 34 <B><U>article</U></B> except under the conditions as stated in sections three hundred 35 thirty-three and three hundred thirty-four <B><U>of this article</U></B>. 36 (b) The suspension required in section three hundred thirty-five <B><U>of</U></B> 37 <B><U>this article</U></B> shall remain in effect, the motor vehicle in any manner 38 involved in such [<B><S>accident</S></B>] <B><U>crash</U></B> shall not be registered in the name of 39 the person whose license and/or registration certificate was so 40 suspended, or in any other name where the commissioner has reasonable 41 grounds to believe that such registration will have the effect of 42 defeating the purposes of this article, and no other motor vehicle shall 43 be registered in the name of such person nor any new licenses issued to 44 such person, unless and until such person complies with the requirement 45 with respect to furnishing security, or unless and until such person has 46 obtained a release, or a favorable judgment in an action at law to 47 recover damages resulting from such [<B><S>accident</S></B>] <B><U>crash</U></B> or unless such 48 person shall have satisfied in the manner herein provided any judgment 49 rendered against such person in such an action, or unless such judgment 50 rendered against such person is discharged in bankruptcy, and at all 51 events until such person gives and thereafter maintains proof of [<B><S>his</S></B>] 52 financial responsibility. 53 Provided, however, that any person whose license or registration 54 became subject to suspension or has been suspended pursuant to subdivi- 55 sion (a) of section three hundred thirty-five <B><U>of this article</U></B>, whether 56 or not such person has furnished security and proof of financial respon- </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 13 1 sibility, shall be relieved from furnishing or maintaining proof of 2 financial responsibility if (1) one year has elapsed since the date of 3 the [<B><S>accident</S></B>] <B><U>crash</U></B>, (2) nine months have elapsed since the date of 4 compliance with any suspension order made against such person because of 5 such [<B><S>accident</S></B>] <B><U>crash</U></B>, (3) such person has neither paid nor agreed in 6 writing to pay anything for damages resulting from such [<B><S>accident</S></B>] 7 <B><U>crash</U></B>, (4) no suit for damages because thereof has been brought against 8 such person and (5) such person is not required to furnish or maintain 9 proof of financial responsibility for some reason other than for having 10 been involved in such [<B><S>accident</S></B>] <B><U>crash</U></B>. If a suit or suits for damages 11 resulting from such [<B><S>accident</S></B>] <B><U>crash</U></B> shall have been brought and such 12 suit or suits shall have resulted in a judgment or judgments, the 13 successful person in such suit or suits shall be relieved from furnish- 14 ing or maintaining proof of financial responsibility forthwith provided 15 such person is not required to furnish or maintain such proof for 16 reasons other than for having been involved in such [<B><S>accident</S></B>] <B><U>crash</U></B> 17 and, in case such person has furnished security because of having been 18 involved in such [<B><S>accident</S></B>] <B><U>crash</U></B>, it shall be returned to such person 19 or the personal representative of such person forthwith notwithstanding 20 the provisions of subdivision (c) of section three hundred thirty-five 21 <B><U>of this article</U></B>. The fact of having been involved in such [<B><S>accident</S></B>] 22 <B><U>crash</U></B> shall not bar the issuance of license and registration to a person 23 who has been relieved from furnishing or maintaining proof of financial 24 responsibility pursuant to the provisions of this paragraph. 25 (c) A discharge in bankruptcy following the rendering of any such 26 judgment shall not relieve the judgment debtor from any of the require- 27 ments of this article unless otherwise provided in subdivisions (a) and 28 (b) of this section. 29 § 24. Subdivision (d) of section 338 of the vehicle and traffic law, 30 the opening paragraph as amended by chapter 838 of the laws of 1970, is 31 amended to read as follows: 32 (d) The commissioner shall take action as required anywhere in this 33 article, upon receiving proper evidence that any resident of this state, 34 has in any other state had [<B><S>his</S></B>] <B><U>the resident's</U></B> driving privileges 35 suspended and/or the operation of any motor vehicle owned by [<B><S>him</S></B>] <B><U>the</U></B> 36 <B><U>resident</U></B> prohibited pursuant to a law of such other state providing for 37 such suspension or prohibition because of a conviction or because of an 38 unsatisfied judgment which would require the commissioner to suspend a 39 non-resident's driving privileges had such a conviction or judgment been 40 rendered in this state against a non-resident, provided, however, that 41 no suspension or prohibition shall be effective until twenty days have 42 elapsed from the date upon which notice of suspension shall have been 43 mailed to the operator or owner during which period such operator or 44 owner shall be permitted to submit evidence of satisfaction of the judg- 45 ment or other evidence relating thereto. 46 Upon receipt of a certification that the operating privilege of a 47 resident of this state has been suspended, revoked or cancelled in any 48 such other state pursuant to a law providing for its suspension, revoca- 49 tion or cancellation for failure to deposit security for the payment of 50 a judgment as may arise out of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> under 51 circumstances which would require the commissioner to suspend a non- 52 resident's operating privilege had the [<B><S>accident</S></B>] <B><U>crash</U></B> occurred in this 53 state, the commissioner shall suspend the license of such resident if 54 [<B><S>he</S></B>] <B><U>the resident</U></B> was the operator, and all of [<B><S>his</S></B>] <B><U>the resident's</U></B> 55 registrations if [<B><S>he</S></B>] <B><U>the resident</U></B> was the owner of a motor vehicle 56 involved in such [<B><S>accident</S></B>] <B><U>crash</U></B>. Such suspension shall continue until </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 14 1 such resident furnishes evidence of [<B><S>his</S></B>] compliance with the law of 2 such other state relating to the deposit of such security. 3 § 25. Section 341 of the vehicle and traffic law, as amended by chap- 4 ter 305 of the laws of 1995, is amended to read as follows: 5 § 341. Amount of proof required. Proof of financial responsibility 6 shall mean proof of ability to respond in damages for liability there- 7 after incurred, arising out of the ownership, maintenance or use of a 8 motor vehicle, in the amount of twenty-five thousand dollars because of 9 bodily injury to or fifty thousand dollars because of death of any one 10 person, and subject to said limit respecting one person, in the amount 11 of fifty thousand dollars because of bodily injury to or one hundred 12 thousand dollars because of death of two or more persons in any one 13 [<B><S>accident</S></B>] <B><U>crash</U></B>, and in the amount of ten thousand dollars because of 14 injury to or destruction of property in any one [<B><S>accident</S></B>] <B><U>crash</U></B>. Such 15 proof in such amounts shall be furnished for each motor vehicle regis- 16 tered by such person. 17 § 26. Subdivision (c) of section 343 of the vehicle and traffic law, 18 as amended by chapter 300 of the laws of 1960, and as further amended by 19 section 104 of part A of chapter 62 of the laws of 2011, is amended to 20 read as follows: 21 (c) When a person has been required to furnish proof of a financial 22 responsibility and there has been in effect a motor vehicle liability 23 policy for [<B><S>his</S></B>] <B><U>such person's</U></B> benefit for a period of three years, 24 during which period such person or any vehicle registered in [<B><S>his</S></B>] <B><U>such</U></B> 25 <B><U>person's</U></B> name has not been involved in any [<B><S>accident</S></B>] <B><U>crash</U></B> upon which a 26 report is required pursuant to section six hundred five [<B><S>hereof</S></B>] <B><U>of this</U></B> 27 <B><U>chapter</U></B>, such person may file in lieu thereof, the written certificate 28 of any insurance carrier duly authorized to do business in this state, 29 certifying that there is in effect a standard provisions automobile 30 liability policy in form approved by the [<B><S>superintendant</S></B>] <B><U>superintendent</U></B> 31 of financial services with a limit of liability no less than provided in 32 subdivision (a) of section three hundred thirty-five of this [<B><S>law</S></B>] <B><U>arti-</U></B> 33 <B><U>cle</U></B>. 34 § 27. Paragraphs 1 and 3 of subdivision (a) of section 344 of the 35 vehicle and traffic law are amended to read as follows: 36 (1) Said insurance carrier shall execute a power of attorney authoriz- 37 ing the commissioner to accept service on its behalf of notice or proc- 38 ess in any action arising out of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> in 39 this state. 40 (3) Said insurance carrier shall also agree to accept as final and 41 binding any judgment of any court of competent jurisdiction in this 42 state duly rendered in any action arising out of a motor vehicle [<B><S>acci-</S></B> 43 <B><S>dent</S></B>] <B><U>crash</U></B>. 44 § 28. Paragraph 3 of subdivision (b) of section 345 of the vehicle and 45 traffic law, as amended by chapter 305 of the laws of 1995, is amended 46 to read as follows: 47 (3) Shall insure the insured or such other person against loss from 48 the liability imposed by law for damages, including damages for care and 49 loss of services because of bodily injury to or death of any person and 50 injury to or destruction of property arising out of the ownership, main- 51 tenance, use, or operation of such motor vehicle or motor vehicles with- 52 in the state of New York, or elsewhere in the United States in North 53 America or the Dominion of Canada, subject to a limit, exclusive of 54 interest and cost, with respect to each such motor vehicle, except a tow 55 truck, of twenty-five thousand dollars because of bodily injury to or 56 fifty thousand dollars because of death of one person in any one [<B><S>acci-</S></B> </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 15 </S></B> 1 <B><S>dent</S></B>] <B><U>crash</U></B> and, subject to said limit for one person, to a limit of 2 fifty thousand dollars because of bodily injury to or one hundred thou- 3 sand dollars because of death of two or more persons in any one [<B><S>acci-</S></B> 4 <B><S>dent</S></B>] <B><U>crash</U></B>, and to a limit of ten thousand dollars because of injury to 5 or destruction of property of others in any one [<B><S>accident</S></B>] <B><U>crash</U></B>. The 6 limit, exclusive of interest and costs, with respect to a tow truck 7 shall be a combined single limit of three hundred thousand dollars 8 because of bodily injury [<B><S>of</S></B>] <B><U>or</U></B> death to one or more persons or because 9 of injury or destruction of property of others in any one [<B><S>accident</S></B>] 10 <B><U>crash</U></B>, and to a limit of twenty-five thousand dollars because of damage 11 to a vehicle in the care, custody and control of the insured. 12 § 29. Paragraph 1 of subdivision (i) of section 345 of the vehicle and 13 traffic law is amended to read as follows: 14 (1) The liability of any company under a motor vehicle liability poli- 15 cy shall become absolute whenever loss or damage covered by said policy 16 occurs, and the satisfaction by the insured of a final judgment for such 17 loss or damage shall not be a condition precedent to the right or duty 18 of the carrier to make payment on account of such loss or damage. No 19 such policy shall be cancelled or annulled as respects any loss or 20 damage by any agreement between the carrier and the insured after the 21 said insured has become responsible for such loss or damage, and any 22 such cancellation or [<B><S>annullment</S></B>] <B><U>annulment</U></B> shall be void. If the death 23 of the insured shall occur after the insured has become liable during 24 the policy period for loss or damage covered by the policy, the policy 25 shall not be deemed terminated by such death with respect to such 26 liability and the company shall be liable thereunder in the same manner 27 and to the same extent as though death had not occurred. Upon the recov- 28 ery of a final judgment against any person for any such loss or damage, 29 if the judgment debtor or the decedent whom [<B><S>he</S></B>] <B><U>such person</U></B> represents 30 was at the accrual of the cause of action insured against liability 31 therefor under a motor vehicle liability policy, the judgment creditor 32 shall be entitled to have the insurance money applied to the satisfac- 33 tion of the judgment. But the policy may provide that the insured, or 34 any other person covered by the policy, shall reimburse the company for 35 payments made on account of any [<B><S>accident</S></B>] <B><U>crash</U></B>, claim or suit involv- 36 ing a breach of the terms, provisions or conditions of the policy; and 37 further, if the policy shall provide for limits in excess of the limits 38 designated in this section, the insurance carrier may plead against such 39 judgment creditor, with respect to the amount of such excess limits of 40 liability, any defenses which it may be entitled to plead against the 41 insured. Any such policy may further provide for the prorating of the 42 insurance thereunder with other applicable valid and collectible insur- 43 ance. If the death, insolvency or bankruptcy of the insured shall occur 44 within the policy period, the policy during the unexpired portion of 45 such period shall cover the legal representatives of the insured. No 46 statement made by the insured or on [<B><S>his</S></B>] <B><U>the insured's</U></B> behalf, and no 47 violation of the terms of the policy, shall operate to defeat or avoid 48 the policy so as to bar recovery within the limits provided in subdivi- 49 sion (b) of this section. 50 § 30. Subdivision 2 of section 353 of the vehicle and traffic law is 51 amended to read as follows: 52 (2) In the event the person who has given proof of financial responsi- 53 bility surrenders [<B><S>his</S></B>] <B><U>their</U></B> operator's or chauffeur's license, regis- 54 tration certificates and registration plates to the commissioner, but 55 the commissioner shall not release such proof in the event any action 56 for damages upon a liability referred to in this article is then pend- </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 16 1 ing, or any judgment upon any such liability then outstanding and unsat- 2 isfied, or in the event the commissioner has received notice that such 3 person has within the period of three months immediately preceding been 4 involved as a driver in any motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B>. An affida- 5 vit of the applicant of the non-existence of such facts shall be suffi- 6 cient evidence thereof in the absence of evidence to the contrary in the 7 records of the bureau. 8 § 31. Section 354 of the vehicle and traffic law, as amended by chap- 9 ter 61 of the laws of 1989, is amended to read as follows: 10 § 354. Commissioner to furnish operating record. The commissioner 11 shall upon request furnish any insurance carrier or any person an 12 abstract of the operating record of any person subject to the provisions 13 of this article, which abstract shall include enumeration of any 14 convictions of such person of a violation of any provision of any stat- 15 ute relating to the operation of a motor vehicle or any [<B><S>accidents</S></B>] 16 <B><U>crashes</U></B> in which a motor vehicle driven by such person has been involved 17 during the current calendar year and the three calendar years preceding 18 that in which the request for the operating record is received and if 19 specifically requested shall also fully designate the motor vehicles, if 20 any, registered in the name of such person and the name of the insurer 21 insuring such motor vehicle, for the registration year in which the 22 request for the operating record is received. A request for an abstract 23 of an operating record shall be subject to the provisions of section two 24 hundred two of this chapter. 25 § 32. Section 366 of the vehicle and traffic law is amended to read as 26 follows: 27 § 366. Past application of article. This article, except section three 28 hundred thirty-nine [<B><S>thereof</S></B>] <B><U>of this article</U></B>, shall not apply to any 29 judgment in a civil action or cause of action arising out of [<B><S>an acci-</S></B> 30 <B><S>dent</S></B>] <B><U>a crash</U></B> occurring prior to the effective date of this article. 31 § 33. The section heading and subdivisions 1, 3 and 4 of section 370 32 of the vehicle and traffic law, the section heading and subdivision 4 as 33 amended by chapter 609 of the laws of 1962, subdivision 1 as amended by 34 chapter 192 of the laws of 1989, the opening paragraph of subdivision 1 35 as amended by chapter 14 of the laws of 2024, the second undesignated 36 paragraph of subdivision 1 as amended by section 1 of part ZZ of chapter 37 59 of the laws of 2021, the third, fourth and fifth undesignated para- 38 graphs of subdivision 1 as amended by chapter 613 of the laws of 2002, 39 and subdivision 3 as amended by chapter 232 of the laws of 2001, are 40 amended to read as follows: 41 Indemnity bonds or insurance policies; notice of [<B><S>accident</S></B>] <B><U>crash</U></B>. 42 1. Every person, firm, association or corporation engaged in the busi- 43 ness of carrying or transporting passengers for hire in any motor vehi- 44 cle or motorcycle, except street cars, and motor vehicles or motorcycles 45 owned and operated by a municipality, and except as otherwise provided 46 in this section, which shall be operated over, upon or along any public 47 street or highway of the state of New York shall file with the commis- 48 sioner of motor vehicles for each motor vehicle or motorcycle intended 49 to be so operated evidence, in such form as the commissioner may 50 prescribe, of a corporate surety bond or a policy of insurance: (a) 51 approved as to form by the superintendent of financial services in a 52 company authorized to do business in the state, approved by the super- 53 intendent as to solvency and responsibility; or (b) where a vehicle is 54 registered by a not-for-profit organization that is tax-exempt under 55 section 501(c)(3) of the federal internal revenue code, a risk retention 56 group not chartered in this state but which is registered with the </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 17 1 superintendent of financial services under the federal liability risk 2 retention act of 1986, comprised entirely of organizations that are 3 tax-exempt under section 501(c)(3) of the federal internal revenue code 4 and where the risk retention group qualifies as a charitable risk pool 5 under section 501(n) of the federal internal revenue code, provided that 6 the vehicle being registered does not have a seating capacity of more 7 than fifteen passengers, is not a limousine or luxury limousine, and 8 where such vehicles are not solely for personal use by a director, offi- 9 cer, authorized person, or key person, their relatives or related 10 parties. Such surety bond or policy of insurance shall be conditioned 11 for the payment of a minimum sum, hereinafter called minimum liability, 12 on a judgment or judgments for damages, including damages for care and 13 loss of services, because of bodily injury to, or death of any one 14 person in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, and subject to such minimum liabil- 15 ity a maximum sum, hereinafter called maximum liability on a judgment or 16 judgments for damages, including damages for care and loss of services 17 because of bodily injury to, or death of two or more persons in any one 18 [<B><S>accident</S></B>] <B><U>crash</U></B> and for the payment of a minimum sum, called minimum 19 liability on all judgments for damages because of injury to or 20 destruction of property of others in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, recovered 21 against such person, firm, association or corporation upon claims aris- 22 ing out of the same transaction or transactions connected with the same 23 subject of action, to be apportioned ratably among the judgment credi- 24 tors according to the amount of their respective judgments for damage or 25 injury caused in the operation, maintenance, use or the defective 26 construction of such motor vehicle or motorcycle as follows: 27 For damages for and incident to death or injuries to persons and inju- 28 ry to or destruction of property: For each motorcycle and for each motor 29 vehicle engaged in the business of carrying or transporting passengers 30 for hire, having a seating capacity of not more than seven passengers, a 31 bond or insurance policy with a minimum liability of twenty-five thou- 32 sand dollars and a maximum liability of fifty thousand dollars for bodi- 33 ly injury, and a minimum liability of fifty thousand dollars and a maxi- 34 mum liability of one hundred thousand dollars for death and a minimum 35 liability of ten thousand dollars for injury to or destruction of prop- 36 erty; for each motor vehicle engaged in the business of carrying or 37 transporting passengers for hire, having a seating capacity of not less 38 than eight passengers, a bond or insurance policy with a combined single 39 limit of at least one million five hundred thousand dollars for bodily 40 injury or death to one or more persons, and because of injury to or 41 destruction of property in any one [<B><S>accident</S></B>] <B><U>crash</U></B>; provided, further 42 that for commuter vans that are engaged in the business of carrying or 43 transporting passengers for hire, having a seating capacity of not less 44 than eight passengers, a bond or insurance policy with a combined single 45 limit of at least five hundred thousand dollars for bodily injury or 46 death to one or more persons, and because of injury to or destruction of 47 property in any one [<B><S>accident</S></B>] <B><U>crash</U></B>. For the purposes of this para- 48 graph, the term "commuter van" shall have the same meaning as such term 49 is defined in section 19-502 of the administrative code of the city of 50 New York. 51 Such bond or policy of insurance shall contain a provision for a 52 continuing liability thereunder, notwithstanding any recovery thereon. 53 Any such bond or policy of insurance shall also contain a provision that 54 such bond or policy of insurance shall inure to the benefit of any 55 person legally operating the motor vehicle or motorcycle in the business 56 of the owner and with [<B><S>his</S></B>] <B><U>the owner's</U></B> permission, in the same manner </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 18 1 and under the same conditions and to the same extent as to the owner. If 2 at any time, in the judgment of the commissioner, such bond or policy is 3 not sufficient for any cause the commissioner may require the owner of 4 such motor vehicle or motorcycle to replace such bond or policy with 5 another approved by the commissioner. A corporate surety or an insurance 6 company evidence of whose bond or policy has been so filed, must file a 7 notice in the office of the commissioner that upon the expiration of 8 twenty days from such filing such surety will cease to be liable upon 9 such bond, or in the case of such insurance company, that upon the expi- 10 ration of such time such policy will be cancelled; provided, however, 11 that where the owner of such motor vehicle or motorcycle has replaced 12 coverage with another insurer, the expiration date shall be the date the 13 new coverage has commenced; further provided that where such owner has 14 had a total loss, the expiration date shall be the earlier of twenty 15 days or when the plates have been turned in to the commissioner. The 16 commissioner shall thereupon notify the owner of such motor vehicle or 17 motorcycle of the filing of such notice, and unless such owner shall 18 file a new bond or evidence of new bond or policy, as provided by this 19 section, on or before such date as shall be specified by the commission- 20 er, or shall place the number plates belonging to the motor vehicle or 21 motorcycle in the custody of the commissioner or [<B><S>his</S></B>] <B><U>the commission-</U></B> 22 <B><U>er's</U></B> agent within such time, to remain in such custody until a new bond 23 or evidence of a new bond or policy is filed, the registration of such 24 motor vehicle or motorcycle shall be revoked as of the date specified in 25 said notice of the commissioner and no new registration shall be issued 26 for a period of thirty days. Forthwith after [<B><S>his</S></B>] <B><U>the</U></B> registration has 27 been so revoked such owner shall return the number plates issued for 28 such vehicle to the commissioner. The provisions of subdivision seven of 29 section five hundred ten of this chapter shall apply to such revoca- 30 tions. 31 Notwithstanding any contrary provision of this chapter, any such bond, 32 or policy of insurance shall also provide for uninsured motorists cover- 33 age in the minimal amount and in the form provided for in subsection (f) 34 of section three thousand four hundred twenty of the insurance law. 35 Nothing in this subdivision shall be construed to prevent compliance 36 therewith by filing a combination of bonds or policies or of a bond and 37 policy or evidence thereof if the commissioner approves and the require- 38 ments of this subdivision are otherwise met. 39 (c) As a condition to filing evidence of a corporate surety bond, the 40 registrant shall pay annually in addition to any other fee prescribed by 41 this chapter, a fee of one dollar and fifty cents for each motor vehicle 42 registered in [<B><S>his</S></B>] <B><U>the registrant's</U></B> name and the aggregate amount of 43 such fees shall be applied in the reduction of the assessment levied 44 pursuant to section three hundred seventeen of this chapter. 45 (d) As used in this section, a judgment or judgment for damages shall 46 include a final arbitration award and any unpaid fees due to the arbi- 47 tration forum established pursuant to section five thousand one hundred 48 six of the insurance law. 49 3. A person, firm, association or corporation engaged in the business 50 of renting or leasing rental vehicles to be operated upon the public 51 highways for carrying passengers shall be subject to the provisions of 52 this section in the same manner and to the same extent as if such 53 person, firm, association or corporation were actually engaged in the 54 business of carrying or transporting passengers for hire. 55 Notwithstanding the provisions of subdivision one of this section, a 56 person, firm, association or corporation engaged in the business of </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 19 1 renting or leasing motor vehicles, having registered in this state more 2 than twenty-five motor vehicles subject to the provisions of this 3 section and who qualifies as hereinafter provided, may file a certif- 4 icate of self-insurance. The commissioner of motor vehicles in [<B><S>his</S></B>] <B><U>the</U></B> 5 <B><U>commissioner's</U></B> discretion may, upon the application of such a person, 6 firm, association or corporation issue a certificate of self-insurance 7 when [<B><S>he</S></B>] <B><U>the commissioner</U></B> is reasonably satisfied that such person is 8 possessed and will continue to be possessed of financial ability to 9 respond to judgments obtained against such person, arising out of the 10 ownership, maintenance, use or operation of any such person's motor 11 vehicle. Upon due notice and hearing, the commissioner may, in [<B><S>his</S></B>] <B><U>the</U></B> 12 <B><U>commissioner's</U></B> discretion and upon reasonable grounds, cancel a certif- 13 icate of self-insurance. 14 As a condition to the issuance of a certificate of self-insurance 15 under this subdivision the registrant shall pay annually in addition to 16 any other fee prescribed by this chapter, a fee of one dollar and fifty 17 cents for each motor vehicle registered in [<B><S>his</S></B>] <B><U>the registrant's</U></B> name 18 and the aggregate amount of such fees shall be applied in reduction of 19 the assessment levied pursuant to section three hundred seventeen <B><U>of</U></B> 20 <B><U>this title</U></B>. 21 As a further condition to the issuance of a certificate of self-insu- 22 rance, the registrant shall pay annually in addition to any other fee 23 prescribed by this chapter, an amount per vehicle to be determined by 24 the Motor Vehicle [<B><S>Accident</S></B>] <B><U>Crash</U></B> Indemnification Corporation pursuant 25 to section five thousand two hundred seven of the insurance law and the 26 aggregate amount of such fees shall be transmitted by the commissioner 27 to the Motor Vehicle [<B><S>Accident</S></B>] <B><U>Crash</U></B> Indemnification Corporation 28 continued pursuant to section five thousand two hundred three of the 29 insurance law to be applied in reduction of assessments levied by said 30 corporation pursuant to section five thousand two hundred seven of the 31 insurance law. 32 4. Every person operating a motor vehicle or motorcycle as to which a 33 bond or policy of insurance is required by this section, which is in any 34 manner involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B>, shall within five days give 35 written notice of the time and place of the [<B><S>accident</S></B>] <B><U>crash</U></B> to the 36 surety or insurer. Failure to give notice of [<B><S>an accident</S></B>] <B><U>a crash</U></B> as 37 herein provided shall constitute a misdemeanor, but shall not affect the 38 liability of the surety or insurer. 39 § 34. Subdivision 2 of section 385 of the vehicle and traffic law, as 40 amended by chapter 973 of the laws of 1966, is amended to read as 41 follows: 42 2. The height of a vehicle from under side of tire to top of vehicle, 43 inclusive of load, shall be not more than thirteen and one-half feet. 44 Any damage to highways, bridges or highway structures resulting from the 45 use of a vehicle exceeding thirteen feet in height where such excess 46 height is the proximate cause of the [<B><S>accident</S></B>] <B><U>crash</U></B> shall be compen- 47 sated for by the owner and operator of such vehicle. 48 § 35. The opening paragraph of subdivision 2 of section 398-b of the 49 vehicle and traffic law, as amended by chapter 212 of the laws of 1980, 50 is amended to read as follows: 51 As used in this article the term "motor vehicle repair shop" means any 52 person who, for compensation, is wholly or partially engaged in the 53 business of repairing or diagnosing motor vehicle malfunctions or 54 repairing motor vehicle bodies, fenders or other components damaged by 55 [<B><S>accident</S></B>] <B><U>crash</U></B> or otherwise, except that such term does not include: </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 20 1 § 36. The article heading of article 12-B of the vehicle and traffic 2 law, as added by chapter 290 of the laws of 1998, is amended to read as 3 follows: 4 APPROVAL OF MOTOR VEHICLE [<B><S>ACCIDENT</S></B>] <B><U>CRASH</U></B> 5 PREVENTION COURSES 6 § 37. Section 399-a of the vehicle and traffic law, as added by chap- 7 ter 290 of the laws of 1998, is amended to read as follows: 8 § 399-a. Statement of purpose. The purposes of this article are to 9 further highway safety by preserving the quality and efficacy of the 10 [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course programs. These purposes will be 11 accomplished by establishing strict criteria for initial and continual 12 course sponsorship approval. 13 § 38. Section 399-b of the vehicle and traffic law, as added by chap- 14 ter 290 of the laws of 1998, is amended to read as follows: 15 § 399-b. Definitions. For the purposes of this article, the following 16 terms shall have the following definitions: 17 1. "Sponsoring agency" shall mean an organization which owns a motor 18 vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course approved by the commissioner. 19 2. "Delivery agency" shall mean an organization which conducts a spon- 20 soring agency's approved motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> prevention 21 course. 22 3. "Instructor" shall mean an individual employed by a delivery agency 23 to teach an approved [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course. 24 4. "[<B><S>Accident</S></B>] <B><U>Crash</U></B> prevention course" or "course" shall mean the 25 [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course curriculum or specialized course 26 curriculum which has been approved by the commissioner. 27 5. "Completion certificate" shall mean a document which cannot be 28 altered and which is provided to the student who successfully completes 29 the [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course. 30 6. "Specialized course" shall mean a course aimed primarily at enhanc- 31 ing safety within a specific occupation or for a specific category of 32 vehicles. 33 § 39. Section 399-c of the vehicle and traffic law, as added by chap- 34 ter 290 of the laws of 1998, is amended to read as follows: 35 § 399-c. Approval by the commissioner. The commissioner must approve 36 [<B><S>an accident</S></B>] <B><U>a crash</U></B> prevention course before any person attending and 37 successfully completing such course may qualify to receive mandatory 38 insurance reduction benefits in accordance with subsection (a) of 39 section two thousand three hundred thirty-six of the insurance law. The 40 commissioner shall base the decision to approve a course upon the 41 requirements set forth in this article and any additional requirements 42 as the commissioner deems necessary. 43 § 40. Subdivision 1 of section 399-d of the vehicle and traffic law, 44 as added by chapter 290 of the laws of 1998, is amended to read as 45 follows: 46 1. An agency or organization seeking approval as a motor vehicle 47 [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course sponsoring agency shall apply to the 48 commissioner for approval. Such applications shall be made in writing 49 and on forms prescribed by the commissioner. The application shall 50 include at a minimum: the title or name of the course, the name of the 51 organization submitting the application, proof of course ownership, and 52 the names and addresses of all owners, officers, and directors of the 53 agency or organization, and such other information or material as the 54 commissioner may prescribe. An application shall not be considered to be 55 complete until all information and material required by this chapter and 56 by regulation of the commissioner has been submitted. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 21 1 § 41. Section 399-f of the vehicle and traffic law, as added by chap- 2 ter 290 of the laws of 1998, is amended to read as follows: 3 § 399-f. Proof of effectiveness. Proof of effectiveness shall be veri- 4 fiable research documentation submitted by the applicant for sponsorship 5 showing evidence of effectiveness comparable to that of the national 6 safety council's defensive driving course as determined by the commis- 7 sioner in terms of reduced convictions or [<B><S>accidents</S></B>] <B><U>crashes</U></B> or both. 8 This research documentation shall employ accepted research principles 9 and include treatment and non-treatment control groups comprised of 10 samples of the representative driver base. In order to establish verifi- 11 able effectiveness, each sample group should be comprised of a minimum 12 of three thousand drivers selected randomly. The documentation shall 13 include conviction or [<B><S>accident</S></B>] <B><U>crash</U></B> data for each motorist for a 14 period of at least eighteen months prior to the course completion date 15 and at least eighteen months subsequent to such date, and equivalent 16 time periods for non-treatment control groups. The documentation shall 17 also include a description of the sampling and analytic procedures used, 18 and the motorist identification number and course completion date for 19 all course attendees. The applicant for sponsorship shall provide, at 20 the request of the commissioner and at the applicant's expense, all 21 driving record data and analysis used in the development of the submit- 22 ted research documentation. Submission of any fraudulent or inten- 23 tionally misleading data will disqualify that organization and all 24 owners and principals from participating or approval in the [<B><S>accident</S></B>] 25 <B><U>crash</U></B> prevention course for a period of ten years from submission date. 26 The commissioner may, by regulation, provide for a smaller sample group 27 for specialized courses. 28 § 42. The article heading of article 12-C of the vehicle and traffic 29 law, as added by chapter 751 of the laws of 2005, is amended to read as 30 follows: 31 [<B><S>ACCIDENT</S></B>] <B><U>CRASH</U></B> PREVENTION COURSE INTERNET, AND OTHER TECHNOLOGY 32 PILOT PROGRAM 33 § 43. Section 399-k of the vehicle and traffic law, as added by chap- 34 ter 751 of the laws of 2005, is amended to read as follows: 35 § 399-k. [<B><S>Accident</S></B>] <B><U>Crash</U></B> prevention course internet technology pilot 36 program. The commissioner shall establish and implement a comprehensive 37 pilot program to review and study internet, and other technologies as 38 approved by the commissioner, as a training method for the adminis- 39 tration and completion of an approved [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course 40 for the purposes of granting point and insurance premium reduction bene- 41 fits. 42 § 44. Section 399-l of the vehicle and traffic law, as amended by 43 section 1 of part ZZ of chapter 58 of the laws of 2020, is amended to 44 read as follows: 45 § 399-l. Application. Applicants for participation in the pilot 46 program established pursuant to this article shall be among those [<B><S>acci-</S></B> 47 <B><S>dent</S></B>] <B><U>crash</U></B> prevention course sponsoring agencies that have a course 48 approved by the commissioner pursuant to article twelve-B of this title 49 and which deliver such course to the public. Provided, the commissioner 50 shall, in [<B><S>his or her</S></B>] <B><U>the commissioner's</U></B> discretion, approve additional 51 applications after the effective date of this article. In order to be 52 approved for participation in such pilot program, the course must comply 53 with the provisions of law, rules and regulations applicable thereto. 54 The commissioner may, in [<B><S>his or her</S></B>] <B><U>the commissioner's</U></B> discretion, 55 impose a fee for the submission of each application to participate in </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 22 1 the pilot program established pursuant to this article. Such fee shall 2 not exceed seven thousand five hundred dollars. 3 § 45. Section 399-m of the vehicle and traffic law, as added by chap- 4 ter 751 of the laws of 2005, is amended to read as follows: 5 § 399-m. Pilot program scope and duration. The commissioner shall 6 conduct a pilot program designed to evaluate utilizing internet, and 7 other technologies as approved by the commissioner, for delivering 8 [<B><S>accident</S></B>] <B><U>crash</U></B> prevention courses for point and insurance premium 9 reduction benefits to the public by permitting qualifying applicants to 10 participate in the pilot program for a period of five years. 11 § 46. Section 399-n of the vehicle and traffic law, as added by chap- 12 ter 751 of the laws of 2005, is amended to read as follows: 13 § 399-n. Regulations. 1. The commissioner is authorized and directed 14 to promulgate any rules and regulations necessary to implement the 15 provisions of this article and to insure that internet, and other tech- 16 nology as approved by the commissioner, delivered [<B><S>accident</S></B>] <B><U>crash</U></B> 17 prevention courses established pursuant to this article can validate: 18 student identity at registration and throughout the course; partic- 19 ipation throughout the course; that the time requirements are met; and 20 successful completion of the course. Provided, however, that any rules 21 and regulations promulgated pursuant to this article shall not stipulate 22 any particular location for delivery of [<B><S>an accident</S></B>] <B><U>a crash</U></B> prevention 23 course or limit the time of day during which such course may be taken. 24 2. The commissioner is authorized to impose a fee upon each [<B><S>accident</S></B>] 25 <B><U>crash</U></B> prevention course sponsoring agency approved for participation in 26 the pilot program, which shall not exceed eight dollars for each student 27 who completes [<B><S>an accident</S></B>] <B><U>a crash</U></B> prevention course by means of the 28 pilot program established pursuant to this article. 29 § 47. Section 399-o of the vehicle and traffic law, as added by chap- 30 ter 751 of the laws of 2005, is amended to read as follows: 31 § 399-o. Report by commissioner. Within five years of the establish- 32 ment and implementation of this article, the commissioner shall report 33 to the governor, the temporary president of the senate and the speaker 34 of the assembly on the [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course internet, and 35 other technology as approved by the commissioner, pilot program and its 36 results. Such report shall include recommendations as to the future use 37 of internet and other technologies as an effective way, in addition to 38 classroom presentation, to deliver to the public approved [<B><S>accident</S></B>] 39 <B><U>crash</U></B> prevention courses, and qualifications for participants in such 40 approved internet and other technology-delivered programs. 41 § 48. Paragraph (e) of subdivision 4 of section 503 of the vehicle and 42 traffic law, as added by section 2 of part E of chapter 59 of the laws 43 of 2004, is amended to read as follows: 44 (e) Any completion of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> prevention 45 course approved pursuant to article twelve-B of this chapter shall not 46 serve to reduce the calculation of points on a person's driving record 47 for the purposes of this section. 48 § 49. Subdivision 2 of section 506 of the vehicle and traffic law, as 49 added by chapter 780 of the laws of 1972, is amended to read as follows: 50 2. The commissioner may require every person holding a license issued 51 pursuant to this article to submit to such an examination as shall be 52 determined by [<B><S>him</S></B>] <B><U>the commissioner</U></B> to be appropriate if such person 53 has been involved in three [<B><S>accidents</S></B>] <B><U>crashes</U></B> while driving a motor 54 vehicle or motorcycle within a period of eighteen months, if such [<B><S>acci-</S></B> 55 <B><S>dents</S></B>] <B><U>crashes</U></B> were required to be reported by section six hundred five 56 of this chapter. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 23 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) [<B><S>accident</S></B>] <B><U>crash</U></B> shall include any [<B><S>accident</S></B>] <B><U>crash</U></B> 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 [<B><S>acci-</S></B> 11 <B><S>dents</S></B>] <B><U>crashes</U></B> 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B> 18 of a nature or type set forth in section five hundred nine-a of this 19 article, where such [<B><S>accidents</S></B>] <B><U>crashes</U></B> 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 [<B><S>accidents</S></B>] 26 <B><U>crashes</U></B> 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 [<B><S>accident</S></B>] <B><U>crash</U></B> shall not 29 be counted if the person successfully completes a motor vehicle [<B><S>acci-</S></B> 30 <B><S>dent</S></B>] <B><U>crash</U></B> 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B> 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 [<B><S>his or her</S></B>] <B><U>their</U></B> driving record for acts that occurred 50 during an eighteen month period on or after September fifteenth, nine- 51 teen hundred eighty-five, provided, however, that the disqualification 52 shall terminate if the person has reduced the points to less than nine 53 through the successful completion of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> 54 prevention 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 [<B><S>accidents</S></B>] <B><U>crashes</U></B> of a nature </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 24 1 and type set forth in section five hundred nine-a of this article, where 2 such [<B><S>accidents</S></B>] <B><U>crashes</U></B> occurred within an eighteen-month period 3 following a reexamination conducted pursuant to section five hundred 4 nine-bb of this article, provided that [<B><S>accidents</S></B>] <B><U>crashes</U></B> 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 [<B><S>accident</S></B>] <B><U>crash</U></B> 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B> 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 [<B><S>his or her</S></B>] <B><U>their</U></B> driving record for acts occurring during an 22 eighteen month period, provided, however, that the disqualification 23 shall terminate if the person has reduced the points to less than nine 24 through the successful completion of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> 25 prevention 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 [<B><S>accidents</S></B>] <B><U>crashes</U></B> of a nature 28 and type set forth in section five hundred nine-a of this article, where 29 such [<B><S>accidents</S></B>] <B><U>crashes</U></B> occurred within an eighteen-month period 30 following a reexamination conducted pursuant to section five hundred 31 nine-bb of this article, provided that [<B><S>accidents</S></B>] <B><U>crashes</U></B> 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 [<B><S>accident</S></B>] <B><U>crash</U></B> 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B> 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. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 25 1 (d) for a period of one year, if that person has accumulated nine or 2 more points on [<B><S>his or her</S></B>] <B><U>their</U></B> driving record for acts that occurred 3 during an eighteen month period on or after September fifteenth, nine- 4 teen hundred eighty-five, provided, however, that the disqualification 5 shall terminate if the person has reduced the points to less than nine 6 through the successful completion of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> 7 prevention course. 8 (e) for a period of one year, if that person [<B><S>or</S></B>] was the operator of 9 a motor vehicle involved in two or more [<B><S>accidents</S></B>] <B><U>crashes</U></B> of a nature 10 and type set forth in section five hundred nine-a of this article, where 11 such [<B><S>accidents</S></B>] <B><U>crashes</U></B> occurred within an eighteen-month period 12 following a reexamination conducted pursuant to section five hundred 13 nine-bb of this article, provided that [<B><S>accidents</S></B>] <B><U>crashes</U></B> 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 [<B><S>accident</S></B>] <B><U>crash</U></B> 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B> 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 [<B><S>his or her</S></B>] <B><U>their</U></B> driving record for acts occurring during an 31 eighteen month period, provided, however, that the disqualification 32 shall terminate if the person has reduced the points to less than nine 33 through the successful completion of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> 34 prevention 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 [<B><S>accidents</S></B>] <B><U>crashes</U></B> of a nature 37 and type set forth in section five hundred nine-a of this article, where 38 such [<B><S>accidents</S></B>] <B><U>crashes</U></B> occurred within an eighteen-month period 39 following a reexamination conducted pursuant to section five hundred 40 nine-bb of this article, provided that [<B><S>accidents</S></B>] <B><U>crashes</U></B> in which the 41 driver was completely without fault shall not be included in determining 42 whether 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 [<B><S>accident</S></B>] <B><U>crash</U></B> 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 [<B><S>accidents</S></B>] </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 26 1 <B><U>crashes</U></B> 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 [<B><S>chapter</S></B>] <B><U>article</U></B>; and (c) the number of 4 convictions and [<B><S>accidents</S></B>] <B><U>crashes</U></B> 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 [<B><S>chapter</S></B>] <B><U>article</U></B>, 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 [<B><S>accident</S></B>] <B><U>crash</U></B> 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 [<B><S>he</S></B>] <B><U>the driver</U></B> has 31 forfeited bond or collateral and all [<B><S>accidents</S></B>] <B><U>crashes</U></B> of a nature or 32 type set forth in section five hundred nine-a of this article in which 33 the driver was involved during the preceding twelve months whether such 34 violations or [<B><S>accidents</S></B>] <B><U>crashes</U></B> occurred in this state or elsewhere. 35 Such information 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 [<B><S>an accident</S></B>] <B><U>a crash</U></B> of a nature or 40 type set forth in section five hundred nine-a of this article in any 41 jurisdiction shall notify [<B><S>his or her</S></B>] <B><U>their</U></B> employer within five work- 42 ing days from the date of the [<B><S>accident</S></B>] <B><U>crash</U></B>. A driver who fails to 43 notify [<B><S>his or her</S></B>] <B><U>their</U></B> employer of such [<B><S>accident</S></B>] <B><U>crash</U></B> within the 44 five working day period shall be subject to a five working day suspen- 45 sion. 46 4. In addition to the requirements of subdivision three of this 47 section, the commissioner shall notify the motor carrier of any 48 conviction for any traffic violation or [<B><S>accident</S></B>] <B><U>crash</U></B> resulting from 49 operation of a motor vehicle against a bus driver employed by the motor 50 carrier, shall require payment of the fee necessary to defray the cost 51 of the notification, and shall require all motor carriers to establish 52 an escrow account with the department which shall be used to pay for the 53 costs incurred by the department when it informs the motor carrier of a 54 driver's conviction or [<B><S>accident</S></B>] <B><U>crash</U></B>; and may, if requested by a 55 political subdivision which contracts with a motor carrier for the </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 27 1 transportation of school children, provide such notice to the political 2 subdivision. 3 § 58. Subparagraph (iii) of paragraph a of subdivision 2 of section 4 510 of the vehicle and traffic law, as amended by chapter 47 of the laws 5 of 1988, is amended to read as follows: 6 (iii) of any violation of subdivision two of section six hundred or 7 section three hundred ninety-two <B><U>of this chapter</U></B> or of a local law or 8 ordinance making it unlawful to leave the scene of [<B><S>an accident</S></B>] <B><U>a crash</U></B> 9 without reporting; 10 § 59. Paragraph (a) of subdivision 4 of section 510-a of the vehicle 11 and traffic law, as amended by section 1 of part C of chapter 58 of the 12 laws of 2013, is amended to read as follows: 13 (a) A serious traffic violation shall mean operating a commercial 14 motor vehicle in violation of any provision of this chapter or the laws 15 or ordinances of any other state or locality outside of this state that 16 restricts or prohibits the use of a hand-held mobile telephone or a 17 portable electronic device while operating a commercial motor vehicle or 18 in violation of any provision of this chapter or the laws of any other 19 state, the District of Columbia or any Canadian province which (i) 20 limits the speed of motor vehicles, provided the violation involved 21 fifteen or more miles per hour over the established speed limit; (ii) is 22 defined as reckless driving by state or local law or regulation; (iii) 23 prohibits improper or erratic lane change; (iv) prohibits following too 24 closely; (v) relates to motor vehicle traffic (other than parking, 25 standing or stopping) and which arises in connection with a fatal [<B><S>acci-</S></B> 26 <B><S>dent</S></B>] <B><U>crash</U></B>; (vi) operating a commercial motor vehicle without first 27 obtaining a commercial driver's license as required by section five 28 hundred one of this title; (vii) operating a commercial motor vehicle 29 without a commercial driver's license in the driver's possession; or 30 (viii) operating a commercial motor vehicle without the proper class of 31 commercial driver's license and/or endorsement for the specific vehicle 32 being operated or for the passengers or type of cargo being transported. 33 § 60. Section 520 of the vehicle and traffic law, as amended by chap- 34 ter 607 of the laws of 1979, is amended to read as follows: 35 § 520. Statement of findings and declaration of purpose. The ever-in- 36 creasing number of [<B><S>accidents</S></B>] <B><U>crashes</U></B>, personal injuries and deaths 37 resulting from alcohol or drug-related traffic offenses is a matter of 38 great concern to the legislature. The diminished perception of intoxi- 39 cated and impaired operators of motor vehicles presents a constant and 40 intolerable threat to the lives and well-being of the citizens of the 41 state. Efforts aimed at alleviating this threat have proven inadequate. 42 The public interest in the cause of highway safety will be well served 43 by the implementation of a permanent program of rehabilitation for those 44 operators convicted of alcohol or drug-related traffic offenses and 45 certain operators who have been adjudicated youthful offenders for alco- 46 hol or drug-related traffic offenses. The commissioner of motor vehicles 47 should have the authority to offer to such operators an opportunity for 48 rehabilitation, thereby reducing the threat aimed at themselves and the 49 people of the state. 50 § 61. Section 523-b of the vehicle and traffic law, as added by chap- 51 ter 596 of the laws of 1975, is amended to read as follows: 52 § 523-b. Experimental driver safety programs. The commissioner may 53 study the feasibility of programs to improve driver behavior, attitude, 54 performance or skills in order to reduce motor vehicle [<B><S>accidents</S></B>] <B><U>cras-</U></B> 55 <B><U>hes</U></B> and traffic violations, and to promote highway safety. [<B><S>He</S></B>] <B><U>The</U></B> 56 <B><U>commissioner</U></B> shall have the authority to establish such programs on a </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 28 1 limited, experimental basis in order to assist in such feasibility study 2 provided any such program is funded by any source other than state 3 funds, or if any such program is to be funded with state funds, then 4 [<B><S>he</S></B>] <B><U>the commissioner</U></B> may establish such program only with the approval 5 of the director of the division of the budget. 6 § 62. The article heading of article 22 of the vehicle and traffic law 7 is amended to read as follows: 8 [<B><S>ACCIDENTS</S></B>] <B><U>CRASHES</U></B> AND [<B><S>ACCIDENT</S></B>] 9 <B><U>CRASH</U></B> REPORTS 10 § 62-a. The title heading of title 6 of the vehicle and traffic law is 11 amended to read as follows: 12 [<B><S>ACCIDENTS</S></B>] <B><U>CRASHES</U></B> AND 13 [<B><S>ACCIDENT</S></B>] <B><U>CRASH</U></B> REPORTS 14 § 63. Paragraph b of subdivision 1 of section 600 of the vehicle and 15 traffic law, as amended by section 4 of part AAA of chapter 59 of the 16 laws of 2017, is amended to read as follows: 17 b. It shall be the duty of any member of a law enforcement agency who 18 is at the scene of the [<B><S>accident</S></B>] <B><U>crash</U></B> to request the said operator or 19 operators of the motor vehicles, when physically capable of doing so, to 20 exchange the information required hereinabove and such member of a law 21 enforcement agency shall assist such operator or operators in making 22 such exchange of information in a reasonable and harmonious manner. 23 A violation of the provisions of paragraph a of this subdivision shall 24 constitute a traffic infraction punishable by a fine of up to two 25 hundred fifty dollars or a sentence of imprisonment for up to fifteen 26 days or both such fine and imprisonment. 27 § 64. Paragraph b of subdivision 2 of section 600 of the vehicle and 28 traffic law, as amended by section 4 of part AAA of chapter 59 of the 29 laws of 2017, is amended to read as follows: 30 b. It shall be the duty of any member of a law enforcement agency who 31 is at the scene of the [<B><S>accident</S></B>] <B><U>crash</U></B> to request the said operator or 32 operators of the motor vehicles, when physically capable of doing so, to 33 exchange the information required hereinabove and such member of a law 34 enforcement agency shall assist such operator or operators in making 35 such exchange of information in a reasonable and harmonious manner. 36 § 65. Section 603 of the vehicle and traffic law, as amended by chap- 37 ter 550 of the laws of 1993 and subdivision 1 as amended by chapter 432 38 of the laws of 1997, is amended to read as follows: 39 § 603. [<B><S>Accidents</S></B>] <B><U>Crashes</U></B>; police authorities and coroners to report. 40 1. Every police or judicial officer to whom [<B><S>an accident</S></B>] <B><U>a crash</U></B> 41 resulting in injury to a person shall have been reported, pursuant to 42 the foregoing provisions of this chapter, shall immediately investigate 43 the facts, or cause the same to be investigated, and report the matter 44 to the commissioner forthwith; provided, however, that the report of the 45 [<B><S>accident</S></B>] <B><U>crash</U></B> is made to the police officer or judicial officer with- 46 in five days after such [<B><S>accident</S></B>] <B><U>crash</U></B>. Every coroner, or other offi- 47 cial performing like functions, shall likewise make a report to the 48 commissioner with respect to all deaths found to have been the result of 49 motor vehicle or motorcycle [<B><S>accidents</S></B>] <B><U>crashes</U></B>. Such report shall 50 include information on the width and length of trucks, tractors, trail- 51 ers and semitrailers, which are in excess of ninety-five inches in width 52 or thirty-four feet in length and which are involved in such [<B><S>accidents</S></B>] 53 <B><U>crashes</U></B>, whether such [<B><S>accident</S></B>] <B><U>crash</U></B> took place in a work area and 54 whether it was being operated with an overweight or overdimension 55 permit. Such report shall distinctly indicate and include information </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 29 1 as to whether the inflatable restraint system inflated and deployed. 2 Nothing contained in this subdivision shall be deemed to preclude a 3 police officer from reporting any other [<B><S>accident</S></B>] <B><U>crash</U></B> which, in the 4 judgment of such police officer, would be required to be reported to the 5 commissioner by the operator of a vehicle pursuant to section six 6 hundred five of this article. 7 2. In addition to the requirements of subdivision one of this section, 8 every police officer or judicial officer to whom [<B><S>an accident</S></B>] <B><U>a crash</U></B> 9 shall have been reported involving a commercial vehicle as defined in 10 either subdivision four of section five hundred one-a or subdivision one 11 of section five hundred nine-p of this chapter shall immediately inves- 12 tigate the facts, or cause the same to be investigated and report the 13 matter to the commissioner forthwith, provided that the report of the 14 [<B><S>accident</S></B>] <B><U>crash</U></B> is made to the police officer or judicial officer with- 15 in five days after such [<B><S>accident</S></B>] <B><U>crash</U></B>, whenever such [<B><S>accident</S></B>] <B><U>crash</U></B> 16 has resulted in (i) a vehicle being towed from the [<B><S>accident</S></B>] <B><U>crash</U></B> 17 scene as the result of incurring disabling damage, (ii) a fatality, or 18 (iii) any individual being transported to a medical facility to receive 19 treatment as the result of physical injury sustained in the [<B><S>accident</S></B>] 20 <B><U>crash</U></B>. 21 § 65-a. Subdivision 1 of section 603 of the vehicle and traffic law, 22 as amended by chapter 196 of the laws of 2024, is amended to read as 23 follows: 24 1. Every police or judicial officer to whom [<B><S>an accident</S></B>] <B><U>a crash</U></B> 25 resulting in injury to a person shall have been reported, pursuant to 26 the foregoing provisions of this chapter or pursuant to the provisions 27 of sections twelve hundred forty or twelve hundred forty-one of this 28 chapter involving a bicycle with electric assist or pursuant to the 29 provisions of [<B><S>sections</S></B>] <B><U>section</U></B> twelve hundred eighty-seven or twelve 30 hundred eighty-eight of this chapter, shall immediately investigate the 31 facts, or cause the same to be investigated, and report the matter to 32 the commissioner forthwith; provided, however, that the report of the 33 [<B><S>accident</S></B>] <B><U>crash</U></B> is made to the police officer or judicial officer with- 34 in five days after such [<B><S>accident</S></B>] <B><U>crash</U></B>. Every coroner, or other offi- 35 cial performing like functions, shall likewise make a report to the 36 commissioner with respect to all deaths found to have been the result of 37 motor vehicle, motorcycle, electric scooter, or bicycle with electric 38 assist [<B><S>accidents</S></B>] <B><U>crashes</U></B>. Such report shall include information 39 regarding the type or types of vehicles involved, including passenger 40 motor vehicles, commercial motor vehicles, motorcycles, limited use 41 motorcycles, off-highway motorcycles, electric scooters, bicycles with 42 electric assist and/or bicycles. Such report shall include information 43 on the width and length of trucks, tractors, trailers and semitrailers, 44 which are in excess of ninety-five inches in width or thirty-four feet 45 in length and which are involved in such [<B><S>accidents</S></B>] <B><U>crashes</U></B>, whether 46 such accident took place in a work area and whether it was being oper- 47 ated with an overweight or overdimension permit. Such report shall 48 distinctly indicate and include information as to whether the inflatable 49 restraint system inflated and deployed. Nothing contained in this subdi- 50 vision shall be deemed to preclude a police officer from reporting any 51 other [<B><S>accident</S></B>] <B><U>crash</U></B> which, in the judgment of such police officer, 52 would be required to be reported to the commissioner by the operator of 53 a vehicle pursuant to section six hundred five of this article. 54 § 66. Section 603-a of the vehicle and traffic law, as added by chap- 55 ter 408 of the laws of 2001, subdivision 1 as amended by chapter 489 of </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 30 1 the laws of 2017 and paragraph (b) of subdivision 1 as amended by chap- 2 ter 27 of the laws of 2018, is amended to read as follows: 3 § 603-a. [<B><S>Accidents</S></B>] <B><U>Crashes</U></B>; police authorities to investigate. 1. In 4 addition to the requirements of section six hundred three of this arti- 5 cle, whenever a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> results in serious phys- 6 ical injury or death to a person, and such [<B><S>accident</S></B>] <B><U>crash</U></B> either is 7 discovered by a police officer, or reported to a police officer within 8 five days after such [<B><S>accident</S></B>] <B><U>crash</U></B> occurred, the police shall conduct 9 an investigation of such [<B><S>accident</S></B>] <B><U>crash</U></B>. 10 (a) Such investigation shall be conducted for the purposes of making a 11 determination of the following: the facts and circumstances of the 12 [<B><S>accident</S></B>] <B><U>crash</U></B>; the type or types of vehicles involved, including 13 passenger motor vehicles, commercial motor vehicles, motorcycles, limit- 14 ed use motorcycles, off-highway motorcycles, and/or bicycles; whether 15 pedestrians were involved; the contributing factor or factors; whether 16 it can be determined if a violation or violations of this chapter 17 occurred, and if so, the specific provisions of this chapter which were 18 violated and by whom; and, the cause of such [<B><S>accident</S></B>] <B><U>crash</U></B>, where 19 such cause can be determined. 20 (b) When present at the scene of such [<B><S>accident</S></B>] <B><U>crash</U></B>, the investi- 21 gating officer shall also request that all operators of motor vehicles 22 involved in such [<B><S>accident</S></B>] <B><U>crash</U></B> submit to field testing as defined in 23 section eleven hundred ninety-four of this chapter provided there are 24 reasonable grounds to believe such motor vehicle operator committed a 25 serious traffic violation in the same [<B><S>accident</S></B>] <B><U>crash</U></B>. The results of 26 such field testing or refusal of such testing shall be included in the 27 police investigation report. For the purposes of this section, "serious 28 traffic violation" shall mean operating a motor vehicle in violation of 29 any of the following provisions of this chapter: articles twenty-three, 30 twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine and 31 thirty and sections five hundred eleven, six hundred and twelve hundred 32 twelve. 33 (c) The police shall forward a copy of the investigation report to the 34 commissioner within five business days of the completion of such report. 35 2. For purposes of this section, the following terms shall have the 36 following meanings: 37 (a) "commercial motor vehicle" shall have the same meaning as such 38 term is defined in either subdivision four of section five hundred one-a 39 or subdivision one of section five hundred nine-p of this chapter; and 40 (b) "serious physical injury" shall have the same meaning as such term 41 is defined in section 10.00 of the penal law. 42 § 66-a. The opening paragraph and paragraph (a) of subdivision 1 of 43 section 603-a of the vehicle and traffic law, as amended by chapter 196 44 of the laws of 2024, are amended to read as follows: 45 In addition to the requirements of section six hundred three of this 46 article, whenever a motor vehicle, bicycle with electric assist, or 47 electric scooter [<B><S>accident</S></B>] <B><U>crash</U></B> results in serious physical injury or 48 death to a person, and such [<B><S>accident</S></B>] <B><U>crash</U></B> either is discovered by a 49 police officer, or reported to a police officer within five days after 50 such [<B><S>accident</S></B>] <B><U>crash</U></B> occurred, the police shall conduct an investi- 51 gation of such [<B><S>accident</S></B>] <B><U>crash</U></B>. 52 (a) Such investigation shall be conducted for the purposes of making a 53 determination of the following: the facts and circumstances of the acci- 54 dent; the type or types of vehicles involved, including passenger motor 55 vehicles, commercial motor vehicles, motorcycles, limited use motorcy- 56 cles, off-highway motorcycles, electric scooters, bicycles with electric </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 31 1 assist, and/or bicycles; whether pedestrians were involved; the contrib- 2 uting factor or factors; whether it can be determined if a violation or 3 violations of this chapter occurred, and if so, the specific provisions 4 of this chapter which were violated and by whom; and, the cause of such 5 [<B><S>accident</S></B>] <B><U>crash</U></B>, where such cause can be determined. 6 § 67. Section 603-b of the vehicle and traffic law, as amended by 7 chapter 408 of the laws of 2007, is amended to read as follows: 8 § 603-b. [<B><S>Accidents</S></B>] <B><U>Crashes</U></B>; police to indicate serious physical 9 injury and death on simplified traffic information or summons and 10 [<B><S>compliant</S></B>] <B><U>complaint</U></B>. In addition to the requirements of section six 11 hundred three of this article and subdivision twelve of section eleven 12 hundred ninety-two of this chapter, in every case where a law enforce- 13 ment officer is required to report pursuant to section six hundred three 14 of this article and a person is charged with a violation of this chapter 15 arising out of such [<B><S>accident</S></B>] <B><U>crash</U></B>, the law enforcement officer alleg- 16 ing such charge shall make a clear notation in the "Description of 17 Violation" section of a simplified traffic information, or in an area 18 provided on a summons and complaint pursuant to subdivision one of 19 section two hundred twenty-six of this chapter, if, arising out of the 20 same [<B><S>accident</S></B>] <B><U>crash</U></B>, someone other than the person charged was killed 21 or suffered serious physical injury as defined in section 10.00 of the 22 penal law; such notation shall be in the form of a "D" if someone other 23 than the person charged was killed and such notation shall be in the 24 form of a "S.P.I." if someone other than the person charged suffered 25 serious physical injury; provided however, that the failure to make such 26 notation shall in no way affect a charge for a violation of this chap- 27 ter. 28 § 68. Section 604 of the vehicle and traffic law is amended to read as 29 follows: 30 § 604. Reports; contents; preparation; distribution; filing. Reports 31 of [<B><S>accidents</S></B>] <B><U>crashes</U></B> required under the preceding section, or under 32 the rules and regulations of the commissioner, shall be upon forms 33 prepared by [<B><S>him</S></B>] <B><U>the commissioner</U></B> and contain such information as [<B><S>he</S></B>] 34 <B><U>the commissioner</U></B> shall prescribe. Blank forms for such reports shall be 35 printed by the commissioner and a supply sent to all city, town and 36 village clerks and to the chief officer of every city police department 37 for general distribution and use as herein provided. Reports of [<B><S>acci-</S></B> 38 <B><S>dents</S></B>] <B><U>crashes</U></B>, required under the preceding section, shall be sent to 39 and filed with the commissioner at the main office of the bureau of 40 motor vehicles in the city of Albany, except as otherwise provided by 41 the rules and regulations of the commissioner. 42 § 68-a. Section 604 of the vehicle and traffic law, as amended by 43 chapter 196 of the laws of 2024, is amended to read as follows: 44 § 604. Reports; contents; preparation; distribution; filing. Reports 45 of [<B><S>accidents</S></B>] <B><U>crashes</U></B> required under sections six hundred three and six 46 hundred three-a of this article, or under the rules and regulations of 47 the commissioner, shall be upon forms prepared by the commissioner and 48 contain such information as the commissioner shall prescribe; provided, 49 however, that the commissioner shall provide space on such forms to 50 indicate the type or types of vehicles involved, including passenger 51 motor vehicles, commercial motor vehicles, motorcycles, limited use 52 motorcycles, off-highway motorcycles, electric scooters, bicycles with 53 electric assist, and/or bicycles. Blank forms for such reports shall be 54 printed by the commissioner and a supply sent to all city, town and 55 village clerks and to the chief officer of every city police department 56 for general distribution and use as herein provided. Reports of [<B><S>acci-</S></B> </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 32 </S></B> 1 <B><S>dents</S></B>] <B><U>crashes</U></B>, required under the preceding section, shall be sent to 2 and filed with the commissioner at the main office of the bureau of 3 motor vehicles in the city of Albany, except as otherwise provided by 4 the rules and regulations of the commissioner. 5 § 69. Section 605 of the vehicle and traffic law, as amended by chap- 6 ter 254 of the laws of 1989, paragraphs 1 and 2 of subdivision (a) as 7 amended by chapter 498 of the laws of 1999, paragraph 4 of subdivision 8 (a) as amended by chapter 71 of the laws of 2004 and subdivision (c) as 9 amended by chapter 161 of the laws of 1996, is amended to read as 10 follows: 11 § 605. Report required upon [<B><S>accident</S></B>] <B><U>crash</U></B>. (a) 1. Every person 12 operating a motor vehicle, except a police officer (as defined in subdi- 13 vision thirty-four of section 1.20 of the criminal procedure law), a 14 correction officer, or a firefighter, operating a police department, a 15 correction department, or fire department vehicle respectively while on 16 duty, if a report has been filed by the owner of such vehicle, which is 17 in any manner involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B>, anywhere within the 18 boundaries of this state, in which any person is killed or injured, or 19 in which damage to the property of any one person, including [<B><S>himself</S></B>] 20 <B><U>that of the owner</U></B>, in excess of one thousand dollars is sustained, shall 21 within ten days after such [<B><S>accident</S></B>] <B><U>crash</U></B>, report the matter in writ- 22 ing to the commissioner. If such operator or chauffeur be physically 23 incapable of making such report and there be another participant in the 24 [<B><S>accident</S></B>] <B><U>crash</U></B> not incapacitated, such participant shall make such 25 report within ten days after such [<B><S>accident</S></B>] <B><U>crash</U></B>. If the operator or 26 chauffeur involved in such [<B><S>accident</S></B>] <B><U>crash</U></B> be unable to make such 27 report, the owner of the motor vehicle involved in such [<B><S>accident</S></B>] 28 <B><U>crash</U></B>, if such owner be not involved in such [<B><S>accident</S></B>] <B><U>crash</U></B> or inca- 29 pacitated, shall within ten days after [<B><S>he learns</S></B>] <B><U>learning</U></B> of the fact 30 of such [<B><S>accident</S></B>] <B><U>crash</U></B> report the matter to the commissioner together 31 with such information as may have come to [<B><S>his</S></B>] <B><U>the owner's</U></B> knowledge 32 relating to such [<B><S>accident</S></B>] <B><U>crash</U></B>. Every such operator or chauffeur of a 33 motor vehicle, or participant in any such [<B><S>accident</S></B>] <B><U>crash</U></B>, or owner of 34 the motor vehicle involved in any such [<B><S>accident</S></B>] <B><U>crash</U></B>, shall make such 35 other and additional reports as the commissioner shall require. 36 2. Failure to report an [<B><S>accident</S></B>] <B><U>crash</U></B> as herein provided or failure 37 to give correctly the information required [<B><S>of him</S></B>] by the commissioner 38 in connection with such report shall be a misdemeanor and shall consti- 39 tute a ground for suspension or revocation of the operator's (or chauf- 40 feur's) license or all certificates of registration for any motor vehi- 41 cle, or of both, of the person failing to make such report as herein 42 required. In addition, the commissioner may temporarily suspend the 43 driver's license or permit or certificate of registration of the motor 44 vehicle involved in the [<B><S>accident</S></B>] <B><U>crash</U></B>, or of both, of the person 45 failing to report [<B><S>an accident</S></B>] <B><U>a crash</U></B> within the period prescribed in 46 paragraph one of this subdivision, until such report has been filed. 47 However, no suspension or a revocation shall be made of a license or 48 certificate of registration of any police officer, correction officer, 49 or firefighter involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B> while on duty for fail- 50 ure to report such [<B><S>accident</S></B>] <B><U>crash</U></B> within ten days thereof if a report 51 has been filed by the owner of such vehicle. 52 3. In the case of a non-resident the failure to report [<B><S>an accident</S></B>] <B><U>a</U></B> 53 <B><U>crash</U></B> as herein provided shall constitute ground for suspension or revo- 54 cation of [<B><S>his</S></B>] <B><U>the</U></B> privileges of operating a motor vehicle in this 55 state and of the operation within this state of any motor vehicle owned 56 by [<B><S>him</S></B>] <B><U>the owner</U></B>. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 33 1 4. When a report required by this section is made by an owner or an 2 operator of a fire vehicle, as defined by section one hundred fifteen-a 3 of this chapter, or a police vehicle, as defined by section one hundred 4 thirty-two-a of this chapter, when such [<B><S>accident</S></B>] <B><U>crash</U></B> occurred during 5 the operation of such vehicle in response to an emergency where the 6 operator was responding to a call to duty as a paid or volunteer member 7 of any fire department, or in the case of a police vehicle, when such 8 [<B><S>accident</S></B>] <B><U>crash</U></B> occurred during emergency operation, as defined by 9 section one hundred fourteen-b of this chapter, the commissioner shall 10 omit the event described in such report from the operator's external 11 license abstract. Provided, however, the commissioner shall not omit 12 the event described in such report from the operator's external license 13 abstract if as a result of such event such operator has either (i) been 14 charged with a violation of this chapter or of the penal law, unless the 15 commissioner receives evidence that such charge has been dismissed, or 16 that the action has otherwise been terminated in favor of the accused 17 pursuant to section 160.50 of the criminal procedure law, or that the 18 charge has otherwise been adjudicated in an administrative or other 19 proceeding in favor of the defendant operator or (ii) been found to have 20 been grossly negligent by a final order of a court of competent juris- 21 diction. 22 (b) Every person operating a bicycle which is in any manner involved 23 in [<B><S>an accident</S></B>] <B><U>a crash</U></B> on a public highway in this state in which any 24 person is killed, other than the operator, or suffers serious physical 25 injury as defined pursuant to subdivision ten of section 10.00 of the 26 penal law, shall within ten days after such operator learns of the fact 27 of such death or serious physical injury, report the matter in writing 28 to the commissioner. If such operator is physically incapable of making 29 such report within ten days, [<B><S>he or she</S></B>] <B><U>the operator</U></B> shall make the 30 report immediately upon recovery from the physical incapacity. If such 31 operator is an unemancipated minor who is incapable of making such 32 report for any reason, the parent or guardian of such operator shall 33 make such report within ten days after learning of the fact of such 34 [<B><S>accident</S></B>] <B><U>crash</U></B>. Every such operator of a bicycle, or parent or guardi- 35 an of such unemancipated minor operator, shall make such other and addi- 36 tional reports as the commissioner shall require. 37 (c) The report required by this section shall be made in such form and 38 number as the commissioner may prescribe. Such report shall include 39 information on the width and length of trucks, tractors, trailers and 40 semitrailers, which are in excess of ninety-five inches in width or 41 thirty-four feet in length and which are involved in such [<B><S>accidents</S></B>] 42 <B><U>crashes</U></B>, whether such [<B><S>accident</S></B>] <B><U>crash</U></B> took place in a work area and 43 whether it was being operated with an overweight or over dimension 44 permit. Such report shall distinctly indicate and include information as 45 to whether the inflatable restraint system inflated and deployed. 46 § 69-a. Subdivisions (b) and (c) of section 605 of the vehicle and 47 traffic law, as amended by chapter 196 of the laws of 2024, are amended 48 to read as follows: 49 (b) Every person operating an electric scooter or a bicycle which is 50 in any manner involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B> on a public highway in 51 this state in which any person is killed, other than the operator, or 52 suffers serious physical injury as defined pursuant to subdivision ten 53 of section 10.00 of the penal law, shall within ten days after such 54 operator learns of the fact of such death or serious physical injury, 55 report the matter in writing to the commissioner. If such operator is 56 physically incapable of making such report within ten days, [<B><S>he or she</S></B>] </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 34 1 <B><U>the operator</U></B> shall make the report immediately upon recovery from the 2 physical incapacity. If such operator is an unemancipated minor who is 3 incapable of making such report for any reason, the parent or guardian 4 of such operator shall make such report within ten days after learning 5 of the fact of such [<B><S>accident</S></B>] <B><U>crash</U></B>. Every such operator of an electric 6 scooter or a bicycle, or parent or guardian of such unemancipated minor 7 operator, shall make such other and additional reports as the commis- 8 sioner shall require. 9 (c) The report required by this section shall be made in such form and 10 number as the commissioner may prescribe. Such report shall include 11 information on the width and length of trucks, tractors, trailers and 12 semitrailers, which are in excess of ninety-five inches in width or 13 thirty-four feet in length and which are involved in such [<B><S>accidents</S></B>] 14 <B><U>crashes</U></B>, whether such [<B><S>accident</S></B>] <B><U>crash</U></B> took place in a work area and 15 whether it was being operated with an overweight or over dimension 16 permit. Such report shall distinctly indicate and include information as 17 to whether the inflatable restraint system inflated and deployed. Such 18 report shall include information on the type or types of vehicles 19 involved, including passenger motor vehicles, commercial motor vehicles, 20 motorcycles, limited use motorcycles, off-highway motorcycles, electric 21 scooters, bicycles with electric assist, and/or bicycles. 22 § 70. Section 606 of the vehicle and traffic law, as added by chapter 23 429 of the laws of 2015, is amended to read as follows: 24 § 606. Processing of required reports. The commissioner, when process- 25 ing reports of [<B><S>accidents</S></B>] <B><U>crashes</U></B> filed pursuant to this article, shall 26 give priority to reports involving serious physical injury (as defined 27 in subdivision ten of section 10.00 of the penal law) or death. 28 § 71. Paragraphs 2 and 3 of subdivision (m) of section 1111-a of the 29 vehicle and traffic law, as amended by section 10 of part TT of chapter 30 58 of the laws of 2019, are amended to read as follows: 31 2. within each borough of such city, the aggregate number, type and 32 severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> reported at intersections where a traff- 33 ic-control signal photo violation-monitoring system is used for the 34 three years preceding the installation of such system, to the extent the 35 information is maintained by the department of motor vehicles of this 36 state; 37 3. within each borough of such city, the aggregate number, type and 38 severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> reported at intersections where a traff- 39 ic-control signal photo violation-monitoring system is used for the 40 reporting year, as well as for the preceding three years that the traff- 41 ic-control signal photo violation-monitoring system has been opera- 42 tional, to the extent the information is maintained by the department of 43 motor vehicles of this state; 44 § 72. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the 45 vehicle and traffic law, as amended by section 11 of part TT of chapter 46 58 of the laws of 2019, are amended to read as follows: 47 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 48 reported at intersections where a traffic-control signal photo viola- 49 tion-monitoring system is used for the three years preceding the instal- 50 lation of such system, to the extent the information is maintained by 51 the department of motor vehicles of this state; 52 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 53 reported at intersections where a traffic-control signal photo viola- 54 tion-monitoring system is used for the reporting year, as well as for 55 each year that the traffic-control signal photo violation-monitoring </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 35 1 system has been operational, to the extent the information is maintained 2 by the department of motor vehicles of this state; 3 § 73. Paragraphs 2 and 3 of subdivision (m) of section 1111-b of the 4 vehicle and traffic law, as amended by section 12 of part TT of chapter 5 58 of the laws of 2019, are amended to read as follows: 6 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 7 reported at intersections where a traffic-control signal photo viola- 8 tion-monitoring system is used for the three years preceding the instal- 9 lation of such system, to the extent the information is maintained by 10 the department of motor vehicles of this state; 11 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 12 reported at intersections where a traffic-control signal photo viola- 13 tion-monitoring system is used for the reporting year, as well as for 14 each year that the traffic-control signal photo violation-monitoring 15 system has been operational, to the extent the information is maintained 16 by the department of motor vehicles of this state; 17 § 74. Paragraphs 2 and 3 of subdivision (n) of section 1111-b of the 18 vehicle and traffic law, as amended by section 13 of part TT of chapter 19 58 of the laws of 2019, are amended to read as follows: 20 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 21 reported at intersections where a traffic-control signal photo viola- 22 tion-monitoring system is used for the three years preceding the instal- 23 lation of such system, to the extent the information is maintained by 24 the department of motor vehicles of this state; 25 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 26 reported at intersections where a traffic-control signal photo viola- 27 tion-monitoring system is used for the reporting year, as well as for 28 each year that the traffic-control signal photo violation-monitoring 29 system has been operational, to the extent the information is maintained 30 by the department of motor vehicles of this state; 31 § 75. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the 32 vehicle and traffic law, as amended by section 14 of part TT of chapter 33 58 of the laws of 2019, are amended to read as follows: 34 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 35 reported at intersections where a traffic-control signal photo viola- 36 tion-monitoring system is used for the three years preceding the instal- 37 lation of such system, to the extent the information is maintained by 38 the department of motor vehicles of this state; 39 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 40 reported at intersections where a traffic-control signal photo viola- 41 tion-monitoring system is used for the reporting year, as well as for 42 each year that the traffic-control signal photo violation-monitoring 43 system has been operational, to the extent the information is maintained 44 by the department of motor vehicles of this state; 45 § 76. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the 46 vehicle and traffic law, as amended by section 15 of part TT of chapter 47 58 of the laws of 2019, are amended to read as follows: 48 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 49 reported at intersections where a traffic-control signal photo viola- 50 tion-monitoring system is used for the three years preceding the instal- 51 lation of such system, to the extent the information is maintained by 52 the department of motor vehicles of this state; 53 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 54 reported at intersections where a traffic-control signal photo viola- 55 tion-monitoring system is used for the reporting year, as well as for 56 each year that the traffic-control signal photo violation-monitoring </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 36 1 system has been operational, to the extent the information is maintained 2 by the department of motor vehicles of this state; 3 § 77. Paragraphs 2 and 3 of subdivision (m) of section 1111-d of the 4 vehicle and traffic law, as amended by section 16 of part TT of chapter 5 58 of the laws of 2019, are amended to read as follows: 6 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 7 reported at intersections where a traffic-control signal photo viola- 8 tion-monitoring system is used for the three years preceding the instal- 9 lation of such system, to the extent the information is maintained by 10 the department of motor vehicles of this state; 11 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 12 reported at intersections where a traffic-control signal photo viola- 13 tion-monitoring system is used for the reporting year, as well as for 14 each year that the traffic-control signal photo violation-monitoring 15 system has been operational, to the extent the information is maintained 16 by the department of motor vehicles of this state; 17 § 78. Paragraphs 2 and 3 of subdivision (m) of section 1111-e of the 18 vehicle and traffic law, as amended by section 17 of part TT of chapter 19 58 of the laws of 2019, are amended to read as follows: 20 2. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 21 reported at intersections where a traffic-control signal photo viola- 22 tion-monitoring system is used for the three years preceding the instal- 23 lation of such system, to the extent the information is maintained by 24 the department of motor vehicles of this state; 25 3. the aggregate number, type and severity of [<B><S>accidents</S></B>] <B><U>crashes</U></B> 26 reported at intersections where a traffic-control signal photo viola- 27 tion-monitoring system is used for the reporting year, as well as for 28 each year that the traffic-control signal photo violation-monitoring 29 system has been operational, to the extent the information is maintained 30 by the department of motor vehicles of this state; 31 § 79. Section 1131 of the vehicle and traffic law, as amended by chap- 32 ter 294 of the laws of 2016, is amended to read as follows: 33 § 1131. Driving on shoulders and slopes. Except for bicycles and those 34 classes of vehicles required to travel on shoulders or slopes, no motor 35 vehicle shall be driven over, across, along, or within any shoulder or 36 slope of any state controlled-access highway except at a location 37 specifically authorized and posted by the department of transportation. 38 The foregoing limitation shall not prevent tow trucks from using shoul- 39 ders or slopes in as limited and incidental a manner as practicable when 40 dispatched to the scene of [<B><S>an accident</S></B>] <B><U>a crash</U></B> by a law enforcement 41 agency or an authority, department or agency having jurisdiction over 42 such controlled-access highway and all lanes are obstructed by traffic, 43 provided, however, that the foregoing shall not relieve the driver of a 44 tow truck from the duty to drive with due regard for the safety of all 45 persons nor shall such provision protect the tow truck driver from the 46 consequences of [<B><S>his or her</S></B>] <B><U>the tow truck driver's</U></B> reckless disregard 47 for the safety of others and shall at all times operate such tow truck 48 in compliance with all standards of care imposed to prevent those inju- 49 ries or damages to persons or property of another which may result from 50 the operator's negligence, recklessness or intentional misconduct, nor 51 shall it prevent motor vehicles from using shoulders or slopes when 52 directed by police officers or flagpersons, nor does it prevent motor 53 vehicles from stopping, standing, or parking on shoulders or slopes 54 where such stopping, standing, or parking is lawful. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 37 1 § 80. Paragraph 1 of subdivision (c) of section 1146 of the vehicle 2 and traffic law, as amended by chapter 333 of the laws of 2010, is 3 amended to read as follows: 4 1. A driver of a motor vehicle who causes serious physical injury as 5 defined in article ten of the penal law to a pedestrian or bicyclist 6 while failing to exercise due care in violation of subdivision (a) of 7 this section, shall be guilty of a traffic infraction punishable by a 8 fine of not more than seven hundred fifty dollars or by imprisonment for 9 not more than fifteen days or by required participation in a motor vehi- 10 cle [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course pursuant to paragraph (e-1) of 11 subdivision two of section 65.10 of the penal law or by any combination 12 of such fine, imprisonment or course, and by suspension of a license or 13 registration pursuant to subparagraph (xiv) or (xv) of paragraph b of 14 subdivision two of section five hundred ten of this chapter. 15 § 81. Paragraph 2 of subdivision (c) of section 1170 of the vehicle 16 and traffic law, as amended by chapter 501 of the laws of 2016, is 17 amended to read as follows: 18 2. Any person convicted of a violation of this section resulting in 19 [<B><S>an accident</S></B>] <B><U>a crash</U></B> which causes physical injury, as that term is 20 defined pursuant to subdivision nine of section 10.00 of the penal law, 21 serious physical injury, as that term is defined pursuant to subdivision 22 ten of section 10.00 of the penal law, or death to another person, shall 23 be guilty of a class E felony. 24 § 82. Subdivision 1 of section 1180-a of the vehicle and traffic law, 25 as amended by chapter 464 of the laws of 2003, is amended to read as 26 follows: 27 1. Notwithstanding any other provision of law, no city, village, town, 28 county, public authority, division, office or department of the state 29 shall maintain or create (a) any speed limit in excess of fifty-five 30 miles per hour on any road, highway, parkway or bridge or (b) any speed 31 limit on any other portion of a public highway, which is not uniformly 32 applicable to all types of motor vehicles using such portion of highway, 33 if on November first, nineteen hundred seventy-three, such portion of 34 highway had a speed limit which was uniformly applicable to all types of 35 motor vehicles using it; provided however, a lower speed limit may be 36 established for any vehicle operating under a special permit because of 37 any weight or dimension of such vehicle, including any load thereon, and 38 (c) provided further, paragraph (b) of this subdivision shall not apply 39 to any portion of a highway during such time that the condition of the 40 highway, weather, [<B><S>an accident</S></B>] <B><U>a crash</U></B>, or other condition creates a 41 temporary hazard to the safety of traffic on such portion of a highway. 42 However, the commissioner of the department of transportation may estab- 43 lish a maximum speed limit of not more than sixty-five miles per hour on 44 any state roadway which meets department criteria for such maximum 45 speed. 46 § 83. Subdivision 1 of section 1194 of the vehicle and traffic law, as 47 added by chapter 47 of the laws of 1988, is amended to read as follows: 48 1. Arrest and field testing. (a) Arrest. Notwithstanding the 49 provisions of section 140.10 of the criminal procedure law, a police 50 officer may, without a warrant, arrest a person, in case of a violation 51 of subdivision one of section eleven hundred ninety-two of this article, 52 if such violation is coupled with [<B><S>an accident</S></B>] <B><U>a crash</U></B> or collision in 53 which such person is involved, which in fact has been committed, though 54 not in the police officer's presence, when the officer has reasonable 55 cause to believe that the violation was committed by such person. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 38 1 (b) Field testing. Every person operating a motor vehicle which has 2 been involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B> or which is operated in violation 3 of any of the provisions of this chapter shall, at the request of a 4 police officer, submit to a breath test to be administered by the police 5 officer. If such test indicates that such operator has consumed alcohol, 6 the police officer may request such operator to submit to a chemical 7 test in the manner set forth in subdivision two of this section. 8 § 84. Paragraph (f) of subdivision 5 of section 1197 of the vehicle 9 and traffic law, as added by chapter 47 of the laws of 1988, is amended 10 to read as follows: 11 (f) Obtain and assemble data on alcohol-related [<B><S>accident</S></B>] <B><U>crash</U></B> 12 arrests, convictions and [<B><S>accidents</S></B>] <B><U>crashes</U></B> and to analyze, study, and 13 consolidate such data for educational, research and informational 14 purposes. 15 § 85. Section 1229-a of the vehicle and traffic law, as added by chap- 16 ter 654 of the laws of 1969 and as renumbered by chapter 274 of the laws 17 of 1971, is amended to read as follows: 18 § 1229-a. Pedestrians, animals, and non-motorized vehicles prohibited 19 on state expressway highways or state interstate route highways includ- 20 ing the entrances thereto and exits therefrom. No person, unless other- 21 wise directed by a police officer shall: (a) As a pedestrian, occupy any 22 space within the limits of a state expressway highway or state inter- 23 state route highway, including the entrances thereto and exits there- 24 from, except: in a rest area, parking area, or scenic overlook; in the 25 performance of public works or official duties; as a result of an emer- 26 gency caused by [<B><S>an accident</S></B>] <B><U>a crash</U></B> or breakdown of a motor vehicle or 27 to obtain assistance; where a sidewalk, footpath or pedestrian crossing 28 of such a highway is provided; (b) Occupy any space of a state express- 29 way highway or state interstate route highway, including the entrances 30 thereto and exits therefrom, with: an animal-drawn vehicle; herded 31 animals, a pushcart; a bicycle; except in the performance of public 32 works or official duties, or on paths or parts of such highway provided 33 for such uses. 34 § 86. Paragraph (b) of subdivision 2 of section 1229-b of the vehicle 35 and traffic law, as added by chapter 19 of the laws of 2000, is amended 36 to read as follows: 37 (b) Notwithstanding any other provision of this section to the contra- 38 ry, standing passengers may be permitted without limitation as to number 39 during the first ten days of session in each school year, and in circum- 40 stances where a breakdown, [<B><S>accident</S></B>] <B><U>crash</U></B>, or other unforeseen occur- 41 rence necessitates the transportation of standing passengers. 42 § 87. Subdivision (a) of section 1602 of the vehicle and traffic law, 43 as amended by chapter 498 of the laws of 1969, is amended to read as 44 follows: 45 (a) Whenever a police officer shall deem it advisable during a fire or 46 at the time of any [<B><S>accident</S></B>] <B><U>crash</U></B> or special emergency and only for 47 such period of time as is necessitated thereby for the public safety or 48 convenience, temporarily to close any street or part thereof to vehicu- 49 lar traffic, or to vehicles of a certain description, or to divert the 50 traffic thereof, or to divert or break a course of pedestrian traffic, 51 such official shall have power and authority to do so. 52 § 88. Subdivision 19 of section 1630 of the vehicle and traffic law, 53 as amended by chapter 795 of the laws of 1974, is amended to read as 54 follows: 55 19. Vehicles illegally parked, stopped or standing, or vehicles 56 involved in [<B><S>accidents</S></B>] <B><U>crashes</U></B>, including, but not limited to, the </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 39 1 removal and storage of such vehicles, the fixing of reasonable charges, 2 to be paid by the owner, operator or person entitled to possession, for 3 such removal and storage and for other expenses incurred in connection 4 therewith, the creation of liens on such vehicles for such charges and 5 expenses, the enforcement of such liens, the determination of ownership 6 or right to possession of such vehicles, the time before such vehicles 7 are deemed abandoned vehicles pursuant to section twelve hundred twen- 8 ty-four of this chapter, and the disposition of the proceeds of sales 9 held pursuant to said section. 10 § 89. Paragraph 20 of subdivision (a) of section 1642 of the vehicle 11 and traffic law, as amended by chapter 795 of the laws of 1974, is 12 amended to read as follows: 13 20. Vehicles illegally parked, stopped or standing, or vehicles 14 involved in [<B><S>accidents</S></B>] <B><U>crashes</U></B>, including, but not limited to, the 15 removal and storage of such vehicles, the fixing of reasonable charges, 16 to be paid by the owner, operator or person entitled to possession, for 17 such removal and storage and for other expenses incurred in connection 18 therewith, the creation of liens on such vehicles for such charges and 19 expenses, the enforcement of such liens, the determination of ownership 20 or right to possession of such vehicles, the time before such vehicles 21 are deemed abandoned vehicles pursuant to section twelve hundred twen- 22 ty-four of this chapter, and the disposition of the proceeds of sales 23 held pursuant to said section. 24 § 90. Clause (iv) of subparagraph (b) of paragraph 27 of subdivision 25 (a) of section 1642 of the vehicle and traffic law, as amended by 26 section 2 of part OO of chapter 56 of the laws of 2024, is amended to 27 read as follows: 28 (iv) a comparison of the aggregate type, number, and severity of 29 [<B><S>accidents</S></B>] <B><U>crashes</U></B> reported on streets on which street calming measures 30 and lower speed limits were implemented in the year preceding the imple- 31 mentation of such measures and policies and the year following the 32 implementation of such measures and policies, to the extent this infor- 33 mation is maintained by any agency of the state or the city. 34 § 91. Section 1675 of the vehicle and traffic law, as amended by chap- 35 ter 669 of the laws of 1996, is amended to read as follows: 36 § 1675. Functions of the board. The board is authorized: 37 1. To promote and encourage street and highway traffic safety. 38 2. To formulate highway safety programs and coordinate efforts of 39 interested parties and agencies engaged in traffic safety education 40 within such city, town, borough or county. 41 3. To cooperate with local officials in the formulation and execution 42 of traffic safety programs and activities. 43 4. To study traffic conditions on streets and highways, study and 44 analyze reports of [<B><S>accidents</S></B>] <B><U>crashes</U></B> and causes thereof, and recommend 45 to the appropriate legislative bodies, departments or commissions, such 46 changes in rules, orders, regulations and existing law as the board may 47 deem advisable. 48 5. To conduct meetings whenever and wherever the board shall deem it 49 advisable and to invite to such meetings parties and agencies, public 50 and private, interested in traffic regulation, control and safety educa- 51 tion. 52 6. To promote safety education for drivers and pedestrians. 53 7. To obtain and assemble motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> data, and to 54 analyze, study and consolidate such data for educational and informa- 55 tional purposes. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 40 1 8. Coordinate and direct local activities related to the implementa- 2 tion of the state highway safety program, as approved by the governor or 3 [<B><S>his</S></B>] <B><U>the governor's</U></B> designee. 4 § 92. Subdivision 10 of section 2401 of the vehicle and traffic law, 5 as added by chapter 402 of the laws of 1986, is amended to read as 6 follows: 7 10. "Operation as emergency vehicle" shall mean the operation or park- 8 ing of an authorized emergency ATV, police or civil defense ATV, includ- 9 ing attendant equipment, displaying emergency lights as provided in 10 section twenty-four hundred six of this article and which ATV is engaged 11 in transporting a sick or injured person to the nearest medical facility 12 or appropriate site for transfer to an ambulance as defined in article 13 thirty of the public health law, transporting emergency medical 14 services, personnel and equipment to sick or injured persons, pursuing 15 an actual or suspected violator of the law or responding to, or working 16 or assisting at the scene of [<B><S>an accident</S></B>] <B><U>a crash</U></B>, disaster, police 17 call, alarm or other emergency but shall not include returning from such 18 service. 19 § 93. Section 2413 of the vehicle and traffic law, as added by chapter 20 402 of the laws of 1986, is amended to read as follows: 21 § 2413. [<B><S>Accidents</S></B>] <B><U>Crashes</U></B>; reports. 1. The operator of any ATV 22 involved in any [<B><S>accident</S></B>] <B><U>crash</U></B> resulting in injuries to or death of 23 any person or in which property damage in the estimated amount of six 24 hundred dollars or more is sustained, shall immediately notify the near- 25 est law enforcement agency and shall within ten days after such [<B><S>acci-</S></B> 26 <B><S>dent</S></B>] <B><U>crash</U></B> report the matter in writing to the department, with a copy 27 thereof to the sheriff or police commissioner of the county in which 28 said [<B><S>accident</S></B>] <B><U>crash</U></B> occurred. If such operator is physically incapable 29 of making such report and there is another participant in the [<B><S>accident</S></B>] 30 <B><U>crash</U></B> not so incapacitated such participant shall make the report within 31 the allotted time after such [<B><S>accident</S></B>] <B><U>crash</U></B>. In the event that there 32 is no other participant and the operator is other than the owner, then 33 the owner shall within the prescribed period of time, after learning of 34 the facts of such [<B><S>accident</S></B>] <B><U>crash</U></B>, report the matter to the department, 35 together with such information as may have come to [<B><S>his</S></B>] <B><U>the owner's</U></B> 36 knowledge relating to such [<B><S>accident</S></B>] <B><U>crash</U></B>. Every such operator of an 37 ATV, or participant of any such [<B><S>accident</S></B>] <B><U>crash</U></B>, or the owner, of the 38 ATV involved in any such [<B><S>accident</S></B>] <B><U>crash</U></B>, shall make such other and 39 additional reports as the commissioner shall require. 40 2. Whenever any ATV meets with [<B><S>an accident</S></B>] <B><U>a crash</U></B> involving a loss 41 of life, personal injury or damage to property and the operator thereof 42 has knowledge of such [<B><S>accident</S></B>] <B><U>crash</U></B>, [<B><S>he</S></B>] <B><U>the operator</U></B> shall stop and 43 give [<B><S>his</S></B>] <B><U>the operator's</U></B> name and address, the name and address of the 44 owner thereof and the registration number assigned to said ATV to the 45 injured person or the person sustaining the damage, or to a peace or 46 police officer. In the event the person sustaining the damage is not 47 present at the place where the damage occurred, the operator shall, as 48 soon as physically able, report the same to the nearest law enforcement 49 agency. 50 3. A peace, police, or judicial officer who investigates or receives 51 information of [<B><S>an accident</S></B>] <B><U>a crash</U></B> involving an ATV shall make a writ- 52 ten report of the investigation or information received, and such addi- 53 tional facts relating to the [<B><S>accident</S></B>] <B><U>crash</U></B> as may come to [<B><S>his</S></B>] <B><U>such</U></B> 54 <B><U>person's</U></B> knowledge and mail the same within forty-eight hours to the 55 department and keep a record thereof in [<B><S>his</S></B>] <B><U>such person's</U></B> office. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 41 1 4. Failure of any person to report [<B><S>an accident</S></B>] <B><U>a crash</U></B> as herein 2 provided or failure to give correctly the information required [<B><S>of him</S></B>] 3 by the commissioner in connection with such report shall be a misdemea- 4 nor and shall constitute a ground for suspension or revocation of the 5 ATV safety certificate of any person or the certificate of registration 6 of any ATV involved in the [<B><S>accident</S></B>] <B><U>crash</U></B>. The commissioner may 7 temporarily suspend the ATV safety certificate of the person failing to 8 make such report or the certificate of registration of the ATV involved 9 in the [<B><S>accident</S></B>] <B><U>crash</U></B> until such report has been filed. 10 § 94. Section 3650-c of the education law, as added by section 71 of 11 part A of chapter 436 of the laws of 1997, is amended to read as 12 follows: 13 § 3650-c. [<B><S>Accident</S></B>] <B><U>Crash</U></B> report data base. The commissioner, in 14 consultation with the commissioner of motor vehicles, shall establish an 15 electronic data file containing [<B><S>accident</S></B>] <B><U>crash</U></B> reports relating to 16 school buses. 17 § 95. Paragraph (g) of subdivision 5 and paragraph (a) of subdivision 18 6 of section 396-z of the general business law, as amended by chapter 19 109 of the laws of 2018, are amended to read as follows: 20 (g) (i) For purposes of this subdivision, each of the following shall 21 constitute an "incident report form": (A) a motor vehicle [<B><S>accident</S></B>] 22 <B><U>crash</U></B> report pursuant to section six hundred five of the vehicle and 23 traffic law; or (B) any similar appropriate form furnished by the rental 24 vehicle company. 25 (ii) An incident report form described in clause (B) of subparagraph 26 (i) of this paragraph: 27 (A) may be sent or given to a renter and/or authorized driver, as 28 applicable, with a request that the renter and/or authorized driver 29 provide information pursuant to this section concerning damage to a 30 vehicle rented to the renter or operated by an authorized driver, as the 31 case may be; and 32 (B) such a form may also be made available as a fill-in form on the 33 rental vehicle company's website, and the renter or authorized driver, 34 as the case may be, shall be advised of the availability of such web- 35 based fill-in form when a request for incident information is made under 36 this subdivision. 37 (a) A rental vehicle company may hold an authorized driver liable to 38 the extent permitted under this chapter for physical or mechanical 39 damage to the rental vehicle that occurs during the time the rental 40 vehicle is under the rental agreement; provided, however, that an 41 authorized driver shall not be liable for any normal wear and tear or 42 mechanical damage that could reasonably be expected from normal use of 43 the vehicle. For the purposes of this subdivision, the term "normal wear 44 and tear" shall mean the deterioration of the condition of the vehicle 45 or its component parts due to repetitive use and does not include damage 46 that materially diminishes the value of the vehicle and arises from a 47 specific occurrence or [<B><S>accident</S></B>] <B><U>crash</U></B> during the time the rental vehi- 48 cle is subject to the rental agreement; and the term "actual and reason- 49 able costs" shall mean the cost to repair the vehicle including all 50 discounts and price adjustments available to the rental vehicle company 51 and shall include costs for towing, storage, and impound fees where 52 applicable. 53 § 95-a. Paragraph (g) of subdivision 5 and paragraph (a) of subdivi- 54 sion 6 of section 369-z of the general business law, as amended by chap- 55 ter 731 of the laws of 2006, are amended to read as follows: </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 42 1 (g) For purposes of this subdivision, an "incident report" shall be 2 defined as a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> report pursuant to section 3 six hundred five of the vehicle and traffic law or any similar appropri- 4 ate form furnished by the rental vehicle company. 5 (a) A rental vehicle company may hold an authorized driver liable to 6 the extent permitted under this chapter for physical or mechanical 7 damage to the rental vehicle that occurs during the time the rental 8 vehicle is under the rental agreement; provided, however, that a renter 9 shall not be liable for mechanical damage unrelated to [<B><S>an accident</S></B>] <B><U>a</U></B> 10 <B><U>crash</U></B>, nor for any normal wear and tear or other mechanical damage that 11 could reasonably be expected from normal use of the vehicle, except in 12 instances where abuse or neglect by the driver is shown. For the 13 purposes of this subdivision, "actual and reasonable costs" shall mean 14 the repair price reduced by all discounts paid by the rental vehicle 15 company to the repairer of the vehicle, including costs for towing, 16 storage, and impound fees. 17 § 96. Paragraphs 1, 2 and 3 of subsection (f) of section 3420 of the 18 insurance law, paragraph 1 as amended by section 19 of part III of chap- 19 ter 59 of the laws of 2019, paragraph 2 as separately amended by chap- 20 ters 547 and 568 of the laws of 1997, and subparagraph (A) of paragraph 21 2 as amended by chapter 751 of the laws of 2023, are amended to read as 22 follows: 23 (1) No policy insuring against loss resulting from liability imposed 24 by law for bodily injury or death suffered by any natural person arising 25 out of the ownership, maintenance and use of a motor vehicle or an 26 altered motor vehicle commonly referred to as a "stretch limousine" 27 having a seating capacity of eight or more passengers used in the busi- 28 ness of carrying or transporting passengers for hire, by the insured 29 shall be issued or delivered by any authorized insurer upon any motor 30 vehicle or an altered motor vehicle commonly referred to as a "stretch 31 limousine" having a seating capacity of eight or more passengers used in 32 the business of carrying or transporting passengers for hire, then prin- 33 cipally garaged or principally used in this state unless it contains a 34 provision whereby the insurer agrees that it will pay to the insured, as 35 defined in such provision, subject to the terms and conditions set forth 36 therein to be prescribed by the board of directors of the Motor Vehicle 37 [<B><S>Accident</S></B>] <B><U>Crash</U></B> Indemnification Corporation and approved by the super- 38 intendent, all sums, not exceeding a maximum amount or limit of twenty- 39 five thousand dollars exclusive of interest and costs, on account of 40 injury to and all sums, not exceeding a maximum amount or limit of fifty 41 thousand dollars exclusive of interest and costs, on account of death of 42 one person, in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, and the maximum amount or 43 limit, subject to such limit for any one person so injured of fifty 44 thousand dollars or so killed of one hundred thousand dollars, exclusive 45 of interest and costs, on account of injury to, or death of, more than 46 one person in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, which the insured or [<B><S>his</S></B>] <B><U>the</U></B> 47 <B><U>insured's</U></B> legal representative shall be entitled to recover as damages 48 from an owner or operator of an uninsured motor vehicle, unidentified 49 motor vehicle which leaves the scene of [<B><S>an accident</S></B>] <B><U>a crash</U></B>, a motor 50 vehicle registered in this state as to which at the time of the [<B><S>acci-</S></B> 51 <B><S>dent</S></B>] <B><U>crash</U></B> there was not in effect a policy of liability insurance, a 52 stolen vehicle, a motor vehicle operated without permission of the 53 owner, an insured motor vehicle where the insurer disclaims liability or 54 denies coverage or an unregistered vehicle because of bodily injury, 55 sickness or disease, including death resulting therefrom, sustained by 56 the insured, caused by [<B><S>accident</S></B>] <B><U>a crash</U></B> occurring in this state and </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 43 1 arising out of the ownership, maintenance or use of such motor vehicle. 2 No payment for non-economic loss shall be made under such policy 3 provision to a covered person unless such person has incurred a serious 4 injury, as such terms are defined in section five thousand one hundred 5 two of this chapter. Such policy shall not duplicate any element of 6 basic economic loss provided for under article fifty-one of this chap- 7 ter. No payments of first party benefits for basic economic loss made 8 pursuant to such article shall diminish the obligations of the insurer 9 under this policy provision for the payment of non-economic loss and 10 economic loss in excess of basic economic loss. Notwithstanding any 11 inconsistent provisions of section three thousand four hundred twenty- 12 five of this article, any such policy which does not contain the afore- 13 said provisions shall be construed as if such provisions were embodied 14 therein. 15 (2) (A) Any such policy shall, at the option of the insured, also 16 provide supplementary uninsured/underinsured motorists insurance for 17 bodily injury, in an amount up to the bodily injury liability insurance 18 limits of coverage provided under such policy, subject to a maximum of 19 two hundred fifty thousand dollars because of bodily injury to or death 20 of one person in any one [<B><S>accident</S></B>] <B><U>crash</U></B> and, subject to such limit for 21 one person, up to five hundred thousand dollars because of bodily injury 22 to or death of two or more persons in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, or a 23 combined single limit policy of five hundred thousand dollars because of 24 bodily injury to or death of one or more persons in any one [<B><S>accident</S></B>] 25 <B><U>crash</U></B>; and any such policy insuring against loss resulting from liabil- 26 ity imposed by law for bodily injury or death suffered by any natural 27 person arising out of the ownership, maintenance, and use of an altered 28 motor vehicle commonly referred to as a "stretch limousine" having a 29 seating capacity of eight or more passengers used in the business of 30 carrying or transporting passengers for hire, shall provide supplementa- 31 ry uninsured/underinsured motorists insurance for bodily injury, in an 32 amount of a combined single limit of one million five hundred thousand 33 dollars because of bodily injury or death of one or more persons in any 34 one [<B><S>accident</S></B>] <B><U>crash</U></B>. Provided however, an insurer issuing any such 35 policy, except a policy insuring against loss resulting from liability 36 imposed by law for bodily injury or death suffered by any natural person 37 arising out of the ownership, maintenance, and use of an altered motor 38 vehicle commonly referred to as a "stretch limousine" having a seating 39 capacity of eight or more passengers used in the business of carrying or 40 transporting passengers for hire, in lieu of offering to the insured the 41 coverages stated above, may provide supplementary uninsured/underinsured 42 motorists insurance for bodily injury, in an amount up to the bodily 43 injury liability insurance limits of coverage provided under such poli- 44 cy, subject to a maximum of one hundred thousand dollars because of 45 bodily injury to or death of one person in any one [<B><S>accident</S></B>] <B><U>crash</U></B> and, 46 subject to such limit for one person, up to three hundred thousand 47 dollars because of bodily injury to or death of two or more persons in 48 any one [<B><S>accident</S></B>] <B><U>crash</U></B>, or a combined single limit policy of three 49 hundred thousand dollars because of bodily injury to or death of one or 50 more persons in any one [<B><S>accident</S></B>] <B><U>crash</U></B>, if such insurer also makes 51 available a personal umbrella policy with liability coverage limits up 52 to at least five hundred thousand dollars which also provides coverage 53 for supplementary uninsured/underinsured motorists claims. Supplementary 54 uninsured/underinsured motorists insurance shall provide coverage, in 55 any state or Canadian province, if the limits of liability under all 56 bodily injury liability bonds and insurance policies of another motor </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 44 1 vehicle liable for damages are in a lesser amount than the bodily injury 2 liability insurance limits of coverage provided by such policy. Upon 3 written request by any insured covered by supplemental 4 uninsured/underinsured motorists insurance or [<B><S>his</S></B>] <B><U>the insured's</U></B> duly 5 authorized representative and upon disclosure by the insured of the 6 insured's bodily injury and supplemental uninsured/underinsured motor- 7 ists insurance coverage limits, the insurer of any other owner or opera- 8 tor of another motor vehicle against which a claim has been made for 9 damages to the insured shall disclose, within forty-five days of the 10 request, the bodily injury liability insurance limits of its coverage 11 provided under the policy or all bodily injury liability bonds. The time 12 of the insured to make any supplementary uninsured/underinsured motorist 13 claim, shall be tolled during the period the insurer of any other owner 14 or operator of another motor vehicle that may be liable for damages to 15 the insured, fails to so disclose its coverage. As a condition precedent 16 to the obligation of the insurer to pay under the supplementary 17 uninsured/underinsured motorists insurance coverage, the limits of 18 liability of all bodily injury liability bonds or insurance policies 19 applicable at the time of the [<B><S>accident</S></B>] <B><U>crash</U></B> shall be exhausted by 20 payment of judgments or settlements. As used in this subsection, "motor 21 vehicle" shall include fire vehicles, as defined in section one hundred 22 fifteen-a of the vehicle and traffic law, and police vehicles, as 23 defined in section one hundred thirty-two-a of the vehicle and traffic 24 law. 25 (B) In addition to the notice provided, upon issuance of a policy of 26 motor vehicle liability insurance pursuant to regulations promulgated by 27 the superintendent, insurers shall notify insureds, in writing, of the 28 availability of supplementary uninsured/underinsured motorists coverage. 29 Such notification shall contain an explanation of supplementary 30 uninsured/underinsured motorists coverage and the amounts in which it 31 can be purchased. Subsequently, a notification of availability shall be 32 provided at least once a year and may be simplified pursuant to regu- 33 lations promulgated by the superintendent, but must include a concise 34 statement that supplementary uninsured/underinsured motorists coverage 35 is available, an explanation of such coverage, and the coverage limits 36 that can be purchased from the insurer. 37 (3) The protection provided by this subsection shall not apply to any 38 cause of action by an insured person arising out of a motor vehicle 39 [<B><S>accident</S></B>] <B><U>crash</U></B> occurring in this state against a person whose identity 40 is unascertainable, unless the bodily injury to the insured person arose 41 out of physical contact of the motor vehicle causing the injury with the 42 insured person or with a motor vehicle which the insured person was 43 occupying (meaning in or upon or entering into or alighting from) at the 44 time of the [<B><S>accident</S></B>] <B><U>crash</U></B>. 45 § 97. Subparagraph (A) and clause (i) of subparagraph (B) of paragraph 46 2-a of subsection (f) of section 3420 of the insurance law, as amended 47 by chapter 15 of the laws of 2018, are amended to read as follows: 48 (A) Notwithstanding paragraph two of this subsection, this paragraph 49 shall apply to any new insurance policy or contract subject to this 50 subsection entered into after the effective date of this paragraph. 51 This paragraph shall not be deemed to apply to any policies originally 52 entered into prior to the effective date of this paragraph, but renewed 53 after the effective date of this paragraph, or to any policy of commer- 54 cial risk insurance. Any new insurance policy or contract entered into 55 after the effective date of this paragraph shall, at the option of the 56 first named insured, also provide supplementary uninsured/underinsured </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 45 1 motorists insurance for bodily injury, in an amount equal to the bodily 2 injury liability insurance limits of coverage provided under such motor 3 vehicle liability insurance policy; provided, however, that a first 4 named insured may exercise the choice to decline such supplementary 5 uninsured/underinsured motorists insurance or select a lower amount of 6 coverage through a written waiver signed, or electronically signed, by 7 such insured, subject to the requirements of subparagraph (B) of this 8 paragraph. Supplementary uninsured/underinsured motorists insurance 9 shall provide coverage, in any state or Canadian province, if the limits 10 of liability under all bodily injury liability bonds and insurance poli- 11 cies of any other motor vehicle liable for damages are in a lesser 12 amount than the bodily injury liability insurance limits of coverage 13 provided by such policy. Upon written request by any insured covered by 14 supplemental uninsured/underinsured motorists insurance or a duly 15 authorized representative and upon disclosure by the insured of the 16 insured's bodily injury and supplemental uninsured/underinsured motor- 17 ists insurance coverage limits, the insurer of any other owner or opera- 18 tor of another motor vehicle against which a claim has been made for 19 damages to the insured shall disclose, within forty-five days of the 20 request, the bodily injury liability insurance limits of its coverage 21 provided under the policy or all bodily injury liability bonds. The time 22 of the insured to make any supplementary uninsured/underinsured motorist 23 claim, shall be tolled during the period the insurer of any other owner 24 or operator of another motor vehicle that may be liable for damages to 25 the insured, fails to so disclose its coverage. As a condition precedent 26 to the obligation of the insurer to pay under the supplementary 27 uninsured/underinsured motorists insurance coverage, the limits of 28 liability of all bodily injury liability bonds or insurance policies 29 applicable at the time of the [<B><S>accident</S></B>] <B><U>crash</U></B> shall be exhausted by 30 payment of judgments or settlements. 31 (i) The form shall also advise that supplementary 32 uninsured/underinsured motorists coverage (sum coverage) provides insur- 33 ance protection for any person included as insured under your policy if 34 [<B><S>he or she</S></B>] <B><U>such person</U></B> is injured in [<B><S>an accident</S></B>] <B><U>a crash</U></B> involving 35 another motor vehicle whose owner or operator was negligent but who has 36 either no bodily injury or liability insurance, or less than the insur- 37 ance you carry. Sum coverage shall be equal to the level of the bodily 38 injury liability coverage of your motor vehicle liability insurance 39 policy unless you sign a waiver requesting lower coverage or declining 40 the coverage. You are urged to carefully consider this decision. 41 § 98. Paragraph 2 of subsection (d) of section 3420 of the insurance 42 law, as amended by chapter 388 of the laws of 2008, is amended to read 43 as follows: 44 (2) If under a liability policy issued or delivered in this state, an 45 insurer shall disclaim liability or deny coverage for death or bodily 46 injury arising out of a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> or any other type 47 of [<B><S>accident</S></B>] <B><U>crash</U></B> occurring within this state, it shall give written 48 notice as soon as is reasonably possible of such disclaimer of liability 49 or denial of coverage to the insured and the injured person or any other 50 claimant. 51 § 99. Paragraphs 1, 2 and 3 of subsection (a) of section 5102 of the 52 insurance law, paragraph 1 as amended by chapter 601 of the laws of 53 2022, paragraph 2 as amended by chapter 320 of the laws of 1991, are 54 amended to read as follows: 55 (1) All necessary expenses incurred for: (i) medical, hospital 56 (including services rendered in compliance with article forty-one of the </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 46 1 public health law, whether or not such services are rendered directly by 2 a hospital), surgical, nursing, dental, ambulance, x-ray, prescription 3 drug and prosthetic services; (ii) psychiatric, physical therapy 4 (provided that treatment is rendered pursuant to a referral) and occupa- 5 tional therapy and rehabilitation (provided that treatment is rendered 6 pursuant to a referral); (iii) any non-medical remedial care and treat- 7 ment rendered in accordance with a religious method of healing recog- 8 nized by the laws of this state; and (iv) any other professional health 9 services; all without limitation as to time, provided that within one 10 year after the date of the [<B><S>accident</S></B>] <B><U>crash</U></B> causing the injury it is 11 ascertainable that further expenses may be incurred as a result of the 12 injury. For the purpose of determining basic economic loss, the expenses 13 incurred under this paragraph shall be in accordance with the limita- 14 tions of section five thousand one hundred eight of this article. 15 (2) Loss of earnings from work which the person would have performed 16 had [<B><S>he</S></B>] <B><U>the person</U></B> not been injured, and reasonable and necessary 17 expenses incurred by such person in obtaining services in lieu of those 18 that [<B><S>he</S></B>] <B><U>the person</U></B> would have performed for income, up to two thousand 19 dollars per month for not more than three years from the date of the 20 [<B><S>accident</S></B>] <B><U>crash</U></B> causing the injury. An employee who is entitled to 21 receive monetary payments, pursuant to statute or contract with the 22 employer, or who receives voluntary monetary benefits paid for by the 23 employer, by reason of the employee's inability to work because of 24 personal injury arising out of the use or operation of a motor vehicle, 25 is not entitled to receive first party benefits for "loss of earnings 26 from work" to the extent that such monetary payments or benefits from 27 the employer do not result in the employee suffering a reduction in 28 income or a reduction in the employee's level of future benefits arising 29 from a subsequent illness or injury. 30 (3) All other reasonable and necessary expenses incurred, up to twen- 31 ty-five dollars per day for not more than one year from the date of the 32 [<B><S>accident</S></B>] <B><U>crash</U></B> causing the injury. 33 § 100. Paragraph 1 of subsection (d) of section 5106 of the insurance 34 law, as amended by section 8 of part AAA of chapter 59 of the laws of 35 2017, is amended to read as follows: 36 (1) Except as provided in paragraph two of this subsection, where 37 there is reasonable belief more than one insurer would be the source of 38 first party benefits, the insurers may agree among themselves, if there 39 is a valid basis therefor, that one of them will accept and pay the 40 claim initially. If there is no such agreement, then the first insurer 41 to whom notice of claim is given shall be responsible for payment. Any 42 such dispute shall be resolved in accordance with the arbitration proce- 43 dures established pursuant to section five thousand one hundred five of 44 this article and regulations as promulgated by the superintendent, and 45 any insurer paying first-party benefits shall be reimbursed by other 46 insurers for their proportionate share of the costs of the claim and the 47 allocated expenses of processing the claim, in accordance with the 48 provisions entitled "other coverage" contained in regulation and the 49 provisions entitled "other sources of first-party benefits" contained in 50 regulation. If there is no such insurer and the motor vehicle [<B><S>accident</S></B>] 51 <B><U>crash</U></B> occurs in this state, then an applicant who is a qualified person 52 as defined in article fifty-two of this chapter shall institute the 53 claim against the motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> indemnification corpo- 54 ration. 55 § 101. The article heading of article 52 of the insurance law is 56 amended to read as follows: </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 47 1 MOTOR VEHICLE [<B><S>ACCIDENT</S></B>] <B><U>CRASH</U></B> INDEMNIFICATION 2 CORPORATION 3 § 102. Subsections (f) and (j) of section 5202 of the insurance law 4 are amended to read as follows: 5 (f) "Corporation" means the "motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> indemnifi- 6 cation corporation". 7 (j) "Financially irresponsible motorist" means the owner, operator, or 8 other person legally responsible for the operation of an uninsured motor 9 vehicle involved in [<B><S>an accident</S></B>] <B><U>a crash</U></B> resulting in personal injury 10 or death who did not have in effect at the time of such [<B><S>accident</S></B>] <B><U>crash</U></B> 11 either: 12 (1) a valid and collectible policy of bodily injury liability and 13 property damage liability insurance or bond with applicable limits at 14 least equal to those specified in section three hundred eleven of the 15 vehicle and traffic law; or 16 (2) a certificate of self insurance issued by the department of motor 17 vehicles pursuant to section three hundred sixteen of the vehicle and 18 traffic law; or 19 (3) who has not otherwise complied with the provisions of section 20 three hundred twelve of the vehicle and traffic law; or 21 (4) who does not have in effect at the time of such [<B><S>accident</S></B>] <B><U>crash</U></B> a 22 valid and collectible policy of bodily injury liability and property 23 damage liability insurance with applicable limits at least equal to 24 those specified in section 25.13 of the parks, recreation and historic 25 preservation law. 26 § 103. Subsection (f) of section 7602 of the insurance law is amended 27 to read as follows: 28 (f) "Motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B>" means either [<B><S>an accident</S></B>] <B><U>a</U></B> 29 <B><U>crash</U></B> occurring within or without this state arising out of the owner- 30 ship, operation or maintenance of a motor vehicle which is principally 31 garaged in this state or [<B><S>an accident</S></B>] <B><U>a crash</U></B> occurring within this 32 state arising out of the ownership, operation or maintenance of a motor 33 vehicle which is not principally garaged in this state. 34 § 104. Section 301-c of the military law, as added by chapter 489 of 35 the laws of 2011, is amended to read as follows: 36 § 301-c. [<B><S>Accident</S></B>] <B><U>Crash</U></B> prevention course information. The division 37 of military and naval affairs shall provide returning [<B><S>servicemen and</S></B> 38 <B><S>women</S></B>] <B><U>service personnel</U></B> who have returned from a combat theater or 39 combat zone of operations with information about [<B><S>accident</S></B>] <B><U>crash</U></B> 40 prevention courses approved by the commissioner of motor vehicles pursu- 41 ant to article twelve-B of the vehicle and traffic law. This information 42 may be provided in written form to be available at Yellow Ribbon Reinte- 43 gration programs or any other reintegration programs offered by the 44 division or may be made available online on the division's website. The 45 division shall also provide a link to the department of motor vehicles 46 website pages containing information about the [<B><S>accident</S></B>] <B><U>crash</U></B> 47 prevention courses. 48 § 105. Paragraph (e-1) of subdivision 2 of section 65.10 of the penal 49 law, as added by chapter 571 of the laws of 2006, is amended to read as 50 follows: 51 (e-1) Participate in a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> prevention 52 course. The court may require such condition where a person has been 53 convicted of a traffic infraction for a violation of article twenty-six 54 of the vehicle and traffic law where the commission of such violation 55 caused the serious physical injury or death of another person. For 56 purposes of this paragraph, the term "motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 48 1 prevention course" shall mean a motor vehicle [<B><S>accident</S></B>] <B><U>crash</U></B> 2 prevention course approved by the department of motor vehicles pursuant 3 to article twelve-B of the vehicle and traffic law; 4 § 106. Section 387 of the public authorities law, as added by chapter 5 700 of the laws of 2004, is amended to read as follows: 6 § 387. Fees for searches and copies of [<B><S>accident</S></B>] <B><U>crash</U></B> and [<B><S>accident</S></B>] 7 <B><U>crash</U></B> reconstruction reports. Notwithstanding any other law to the 8 contrary, the fees for searching the records of the authority for [<B><S>an</S></B> 9 <B><S>accident</S></B>] <B><U>a crash</U></B> report, for furnishing a copy of [<B><S>an accident</S></B>] <B><U>a crash</U></B> 10 report, and for furnishing a copy of [<B><S>an accident</S></B>] <B><U>a crash</U></B> recon- 11 struction report shall not exceed the fees charged by the division of 12 state police pursuant to section sixty-six-a of the public officers law 13 and/or by the department of motor vehicles pursuant to section two 14 hundred two of the vehicle and traffic law, provided, however, that no 15 fee shall be charged to any public officer, board or body, or volunteer 16 fire company, for searches or copies of [<B><S>accident</S></B>] <B><U>crash</U></B> reports to be 17 used for a public purpose. 18 § 107. Section 66-a of the public officers law, as amended by chapter 19 169 of the laws of 1994 and subdivision 3 as added by chapter 179 of the 20 laws of 2000, is amended to read as follows: 21 § 66-a. [<B><S>Accident</S></B>] <B><U>Crash</U></B> reports kept by police authorities to be open 22 to the inspection of persons interested. 1. Notwithstanding any incon- 23 sistent provisions of law, general, special or local, or any limitation 24 contained in the provision of any city charter, all reports and records 25 of any [<B><S>accident</S></B>] <B><U>crash</U></B>, kept or maintained by the state police or by 26 the police department or force of any county, city, town, village or 27 other district of the state, shall be open to the inspection of any 28 person having an interest therein, or of such person's attorney or 29 agent, even though the state or a municipal corporation or other subdi- 30 vision thereof may have been involved in the [<B><S>accident</S></B>] <B><U>crash</U></B>; except 31 that the authorities having custody of such reports or records may 32 prescribe reasonable rules and regulations in regard to the time and 33 manner of such inspection, and may withhold from inspection any reports 34 or records the disclosure of which would interfere with the investi- 35 gation or prosecution by such authorities of a crime involved in or 36 connected with the [<B><S>accident</S></B>] <B><U>crash</U></B>. 37 2. Notwithstanding the provisions of section twenty-three hundred 38 seven of the civil practice law and rules, the public officers law, or 39 any other law to the contrary, the division of state police shall charge 40 fees for the search and copy of [<B><S>accident</S></B>] <B><U>crash</U></B> reports and photo- 41 graphs. A search fee of fifteen dollars per [<B><S>accident</S></B>] <B><U>crash</U></B> report 42 shall be charged, with no additional fee for a photocopy. An additional 43 fee of fifteen dollars shall be charged for a certified copy of any 44 [<B><S>accident</S></B>] <B><U>crash</U></B> report. A fee of twenty-five dollars per photograph or 45 contact sheet shall be charged. The fees for investigative reports 46 shall be the same as those for [<B><S>accident</S></B>] <B><U>crash</U></B> reports. 47 3. Notwithstanding the provisions of section twenty-three hundred 48 seven of the civil practice law and rules, this chapter, or any other 49 law to the contrary, the county of Nassau, upon adoption of a local law, 50 is hereby authorized to require the police department of the county of 51 Nassau to charge fees for the search and copy of [<B><S>accident</S></B>] <B><U>crash</U></B> 52 reports and photographs. A search fee of ten dollars per [<B><S>accident</S></B>] 53 <B><U>crash</U></B> report shall be charged, with no additional fee for a photocopy. 54 An additional fee of ten dollars shall be charged for a certified copy 55 of any [<B><S>accident</S></B>] <B><U>crash</U></B> report. A fee of fifteen dollars per photograph </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 49 1 or contact sheet shall be charged. The fees for investigative reports 2 shall be the same as those for [<B><S>accident</S></B>] <B><U>crash</U></B> reports. 3 § 108. Section 89-g of the state finance law, as added by chapter 751 4 of the laws of 2005, subdivisions 2 and 3 as renumbered by section 2 of 5 part D of chapter 58 of the laws of 2016, is amended to read as follows: 6 § 89-g. [<B><S>Accident</S></B>] <B><U>Crash</U></B> prevention course internet, and other tech- 7 nology pilot program fund. 1. There is hereby established in the joint 8 custody of the state comptroller and the commissioner of taxation and 9 finance a special fund to be known as the "[<B><S>accident</S></B>] <B><U>crash</U></B> prevention 10 course internet, and other technology pilot program fund". 11 2. The moneys in the [<B><S>accident</S></B>] <B><U>crash</U></B> prevention course internet, and 12 other technology pilot program fund shall be kept separate and shall not 13 be commingled with any other moneys in the custody of the commissioner 14 of taxation and finance and the state comptroller. 15 3. The moneys in such fund shall be expended only for the purposes of 16 administering and implementing the provisions of article twelve-C of the 17 vehicle and traffic law by the department of motor vehicles. 18 § 109. Section 217 of the transportation law, as added by chapter 428 19 of the laws of 1983, subdivision 5 as amended, subdivision 7 as added 20 and subdivision 8 as renumbered by chapter 84 of the laws of 1985 and 21 subdivision 9 as added by section 1 of part C of chapter 58 of the laws 22 of 2018, is amended to read as follows: 23 § 217. Powers and duties of the board. The board shall have the 24 following powers and duties: 25 1. To investigate [<B><S>accidents</S></B>] <B><U>crashes</U></B> occurring on or involving public 26 transportation facilities or systems whether publicly or privately owned 27 and report on the results of such investigations; 28 2. To establish within the board [<B><S>an accident</S></B>] <B><U>a crash</U></B> reporting 29 procedure and file for the purpose of accurate analysis of public trans- 30 portation safety and to prepare an annual [<B><S>accident</S></B>] <B><U>crash</U></B> report for 31 the governor and the legislature; 32 3. To review, in connection with the investigation of [<B><S>accidents</S></B>] 33 <B><U>crashes,</U></B> the safety, maintenance and training programs of public trans- 34 portation facilities or systems whether publicly or privately owned and 35 recommend the establishment of equipment and safety standards in 36 connection therewith; 37 4. To adopt, promulgate, amend and rescind suitable rules and regu- 38 lations to carry out the provisions and purposes of this article or to 39 enforce any standards established hereunder; 40 5. To hold hearings, issue reports, administer oaths or affirmations, 41 examine any person under oath or affirmation and to issue subpoenas 42 requiring the attendance and giving of testimony of witnesses and 43 require the production of any books, papers, documentary or other 44 evidence. The powers provided in this subdivision may be delegated by 45 the board to any member of the board or department employee assigned to 46 the board. A subpoena issued under this subdivision shall be regulated 47 by the civil practice law and rules; 48 6. To take or cause to be taken affidavits or depositions within or 49 without the state; 50 7. To enter upon any property where a public transportation [<B><S>accident</S></B>] 51 <B><U>crash</U></B> has occurred, or where a vehicle, appurtenance or other item 52 involved in any such [<B><S>accident</S></B>] <B><U>crash</U></B> is located, to fulfill the 53 requirements of article nine-b of this chapter. 54 8. To render each year to the governor and to the legislature a writ- 55 ten report of its activities. </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 50 1 9. To enforce the requirements of section five thousand three hundred 2 twenty-nine of title forty-nine of the United States Code, as amended 3 from time to time, as it pertains to oversight of rail fixed guideway 4 public transportation systems. 5 § 110. Wherever the term "accident" or any equivalent expression ther- 6 eof is used in any provision of the vehicle and traffic law or the 7 insurance law, such term shall be deemed to mean and refer to "crash" or 8 variation thereof. 9 § 111. This act shall take effect immediately; provided, however, 10 that: 11 a. the amendments to article 12-C of the vehicle and traffic law, made 12 by sections forty-two through forty-seven of this act shall not affect 13 the repeal of such article and shall be deemed repealed therewith; 14 b. the amendments to subdivision 1 of section 603 of the vehicle and 15 traffic law made by section sixty-five-a of this act shall take effect 16 on the same date and in the same manner as section 1 of chapter 196 of 17 the laws of 2024, takes effect; 18 c. the amendments to the opening paragraph and paragraph (a) of subdi- 19 vision 1 of section 603-a of the vehicle and traffic law made by section 20 sixty-six-a of this act shall take effect on the same date and in the 21 same manner as section 2 of chapter 196 of the laws of 2024, takes 22 effect; 23 d. the amendments to section 604 of the vehicle and traffic law made 24 by section sixty-eight-a of this act shall take effect on the same date 25 and in the same manner as section 3 of chapter 196 of the laws of 2024, 26 takes effect; 27 e. the amendments to subdivisions (b) and (c) of section 605 of the 28 vehicle and traffic law made by section sixty-nine-a of this act shall 29 take effect on the same date and in the same manner as section 4 of 30 chapter 196 of the laws of 2024, takes effect; 31 f. the amendments to paragraphs 2 and 3 of subdivision (m) of section 32 1111-a of the vehicle and traffic law made by section seventy-one of 33 this act shall not affect the repeal of such section and shall be deemed 34 repealed therewith; 35 g. the amendments to paragraphs 2 and 3 of subdivision (n) of section 36 1111-b of the vehicle and traffic law made by section seventy-two of 37 this act shall not affect the repeal of such section and shall be deemed 38 repealed therewith; 39 h. the amendments to paragraphs 2 and 3 of subdivision (m) of section 40 1111-b of the vehicle and traffic law made by section seventy-three of 41 this act shall not affect the repeal of such section and shall be deemed 42 repealed therewith; 43 i. the amendments to paragraphs 2 and 3 of subdivision (n) of section 44 1111-b of the vehicle and traffic law made by section seventy-four of 45 this act shall not affect the repeal of such section and shall be deemed 46 repealed therewith; 47 j. the amendments to paragraphs 2 and 3 of subdivision (m) of section 48 1111-d of the vehicle and traffic law made by section seventy-five of 49 this act shall not affect the repeal of such section and shall be deemed 50 repealed therewith; 51 k. the amendments to paragraphs 2 and 3 of subdivision (m) of section 52 1111-d of the vehicle and traffic law made by section seventy-six of 53 this act shall not affect the repeal of such section and shall be deemed 54 repealed therewith; 55 l. the amendments to paragraphs 2 and 3 of subdivision (m) of section 56 1111-d of the vehicle and traffic law made by section seventy-seven of </PRE><P CLASS="brk"><PRE WIDTH="136"> S. 7465 51 1 this act shall not affect the repeal of such section and shall be deemed 2 repealed therewith; 3 m. the amendments to paragraph (g) of subdivision 5 and paragraph (a) 4 of subdivision 6 of section 396-z of the general business law made by 5 section ninety-five of this act shall be subject to the expiration and 6 reversion of such section pursuant to section 4 of chapter 109 of the 7 laws of 2018, as amended, when upon such date the provisions of section 8 ninety-five-a of this act shall take effect; 9 n. the amendments to paragraph 2-a of subsection (f) of section 3420 10 of the insurance law made by section ninety-seven of this act shall not 11 affect the repeal of such subdivision and shall be deemed repealed ther- 12 ewith; 13 o. the amendments to subdivision 3 of section 66-a of the public offi- 14 cers law made by section one hundred seven of this act shall not affect 15 the repeal of such subdivision and shall be deemed repealed therewith; 16 and 17 p. the amendments to section 89-g of the state finance law made by 18 section one hundred eight of this act shall not affect the repeal of 19 such section and shall be deemed repealed therewith.