BILL NUMBER:S2252

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to permitting
Triborough bridge and tunnel authority officers to administer
alco-sensor tests in certain cases

PURPOSE OF BILL:
To authorize peace officers of the
Triborough Bridge
and Tunnel Authority to administer breath screening tests when a
motor vehicle accident occurs on Authority property.

SUMMARY OF PROVISIONS:
Amends Subdivision 1 of
Section 1194 of the
Vehicle and Traffic Law to require that every person operating a
motor vehicle which has been involved in a motor vehicle accident on
a site owned and operated by the Triborough Bridge and Tunnel
Authority shall, at the request of the various officers holding peace
officer status, submit to a breath screening test for the purpose of
determining if such person has consumed alcohol, when such officer
holding peace officer status has reasonable grounds to believe that
such person has been operating a motor vehicle in violation of any
subdivision of section eleven hundred ninety-two of the VTL. If the
              

screening test indicates that alcohol has been consumed, the officer
shall transfer custody of such person to a police officer for the
purposes of requiring such person to submit to a chemical test of the
person's blood, breath, urine, or saliva for the purpose of
determining whether such person was intoxicated.
The measure also amends Section 553 of the Public Authorities Law to
provide for the establishment of a training program to instruct
Triborough Bridge and Tunnel Authority Officers in the use of breath
screening equipment.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently only
police officers may administer a breath screening test.

JUSTIFICATION:
Subdivision 1(b) of Section 1194 of
the VTL authorizes
police officers to administer breath screening tests to any driver
involved in an accident or who has violated any provision of the VTL.
This measure will extend that authorization to the peace officers of
the Triborough Bridge and Tunnel Authority when an accident occurs on
Authority property. Many times when an accident occurs on a TBTA
bridge or in a TBTA tunnel the first law enforcement personnel on the
scene are the peace officers of the TBTA. Much valuable time often
passes before a police officer reaches the scene, and, in some other

cases, the accident may not necessitate the presence of a police
officer. Nevertheless, there may be sufficient significant
indications that one or more of the drivers involved evidence signs
of intoxication. It is imperative
that those peace officers on the scene have the authority to
administer breath tests in such cases, and, upon evidence of
intoxication, transfer custody of the suspect to a police officer for
further proceeding and testing.

FISCAL IMPLICATIONS:
For state and local governments, none. The cost
will be part of the TBTA annual budget.

EFFECTIVE DATE:
This bill shall take effect on January 1st of next year.