Legislation

Search OpenLegislation Statutes

This entry was published on 2022-11-04
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 600
Leaving scene of an incident without reporting
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 6, ARTICLE 22
§ 600. Leaving scene of an incident without reporting. 1. Property
damage. a. Any person operating a motor vehicle who, knowing or having
cause to know that damage has been caused to the real property or to the
personal property, not including animals, of another, due to an incident
involving the motor vehicle operated by such person shall, before
leaving the place where the damage occurred, stop, exhibit his or her
license and insurance identification card for such vehicle, when such
card is required pursuant to articles six and eight of this chapter, and
give his or her name, residence, including street and number, insurance
carrier and insurance identification information including but not
limited to the number and effective dates of said individual's insurance
policy, and license number to the party sustaining the damage, or in
case the person sustaining the damage is not present at the place where
the damage occurred then he or she shall report the same as soon as
physically able to the nearest police station, or judicial officer. In
addition to the foregoing, any such person shall also: (i) (A) produce
the proof of insurance coverage required pursuant to article
forty-four-B of this chapter if such person is a TNC driver operating a
TNC vehicle while the incident occurred who was (1) logged on to the
TNC's digital network but not engaged in a TNC prearranged trip or (2)
was engaged in a TNC prearranged trip; and (B) disclose whether he or
she, at the time such incident occurred, was (1) logged on to the TNC's
digital network but not engaged in a TNC prearranged trip or (2) was
engaged in a TNC prearranged trip, or (ii) (A) produce the proof of
insurance coverage required pursuant to article forty of the general
business law if such person is a shared vehicle owner or shared vehicle
driver operating a shared vehicle during a peer-to-peer car sharing
period while the incident occurred; and (B) disclose whether he or she,
at the time such incident occurred, was operating a shared vehicle
during a peer-to-peer car sharing period.

b. It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator or
operators of the motor vehicles, when physically capable of doing so, to
exchange the information required hereinabove and such member of a law
enforcement agency shall assist such operator or operators in making
such exchange of information in a reasonable and harmonious manner.

A violation of the provisions of paragraph a of this subdivision shall
constitute a traffic infraction punishable by a fine of up to two
hundred fifty dollars or a sentence of imprisonment for up to fifteen
days or both such fine and imprisonment.

2. Personal injury. a. Any person operating a motor vehicle who,
knowing or having cause to know that personal injury has been caused to
another person, due to an incident involving the motor vehicle operated
by such person shall, before leaving the place where the said personal
injury occurred, stop, exhibit his or her license and insurance
identification card for such vehicle, when such card is required
pursuant to articles six and eight of this chapter, and give his or her
name, residence, including street and street number, insurance carrier
and insurance identification information including but not limited to
the number and effective dates of said individual's insurance policy and
license number, to the injured party, if practical, and also to a police
officer, or in the event that no police officer is in the vicinity of
the place of said injury, then, he or she shall report said incident as
soon as physically able to the nearest police station or judicial
officer. In addition to the foregoing, any such person shall also: (i)
(A) produce the proof of insurance coverage required pursuant to article
forty-four-B of this chapter if such person is a TNC driver operating a
TNC vehicle at the time of the incident who was (1) logged on to the
TNC's digital network but not engaged in a TNC prearranged trip or (2)
was engaged in a TNC prearranged trip; and (B) disclose whether he or
she, at the time such incident occurred, was (1) logged on to the TNC's
digital network but not engaged in a TNC prearranged trip or (2) was
engaged in a TNC prearranged trip, or (ii) (A) produce the proof of
insurance coverage required pursuant to article forty of the general
business law if such person is a shared vehicle owner or shared vehicle
driver operating a shared vehicle during a peer-to-peer car sharing
period while the incident occurred; and (B) disclose whether he or she,
at the time such incident occurred, was operating a shared vehicle
during a peer-to-peer car sharing period.

b. It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator or
operators of the motor vehicles, when physically capable of doing so, to
exchange the information required hereinabove and such member of a law
enforcement agency shall assist such operator or operators in making
such exchange of information in a reasonable and harmonious manner.

c. A violation of the provisions of paragraph a of this subdivision
resulting solely from the failure of an operator to exhibit his or her
license and insurance identification card for the vehicle or exchange
the information required in such paragraph shall constitute a class B
misdemeanor punishable by a fine of not less than two hundred fifty nor
more than five hundred dollars in addition to any other penalties
provided by law. Any subsequent such violation shall constitute a class
A misdemeanor punishable by a fine of not less than five hundred nor
more than one thousand dollars in addition to any other penalties
provided by law. Any violation of the provisions of paragraph a of this
subdivision, other than for the mere failure of an operator to exhibit
his or her license and insurance identification card for such vehicle or
exchange the information required in such paragraph, shall constitute a
class A misdemeanor, punishable by a fine of not less than seven hundred
fifty dollars nor more than one thousand dollars in addition to any
other penalties provided by law. Any such violation committed by a
person after such person has previously been convicted of such a
violation shall constitute a class E felony, punishable by a fine of not
less than one thousand nor more than three thousand dollars in addition
to any other penalties provided by law. Any violation of the provisions
of paragraph a of this subdivision, other than for the mere failure of
an operator to exhibit his or her license and insurance identification
card for such vehicle or exchange the information required in such
paragraph, where the personal injury involved (i) results in serious
physical injury, as defined in section 10.00 of the penal law, shall
constitute a class E felony, punishable by a fine of not less than one
thousand nor more than five thousand dollars in addition to any other
penalties provided by law, or (ii) results in death shall constitute a
class D felony punishable by a fine of not less than two thousand nor
more than five thousand dollars in addition to any other penalties
provided by law.

3. For the purposes of this article, the terms "TNC", "TNC driver",
"TNC vehicle", "TNC prearranged trip" and "digital network" shall have
the same meanings as such terms are defined in article forty-four-B of
this chapter and the terms "shared vehicle owner", "shared vehicle
driver", "shared vehicle" and "peer-to-peer car sharing period" shall
have the same meanings as such terms are defined in article forty of the
general business law.