S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7610
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 24, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  reporting
   accidents  involving  electric  scooters  and  bicycles  with electric
   assist

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 603 of the vehicle and traffic
 law, as amended by chapter 432 of the laws of 1997, is amended  to  read
 as follows:
   1.  Every  police or judicial officer to whom an accident resulting in
 injury to a person shall have been reported, pursuant to  the  foregoing
 provisions  of this chapter, shall immediately investigate the facts, or
 cause the same to be investigated, and report the matter to the  commis-
 sioner  forthwith; provided, however, that the report of the accident is
 made to the police officer or judicial officer within  five  days  after
 such  accident.   Every coroner, or other official performing like func-
 tions, shall likewise make a report to the commissioner with respect  to
 all deaths found to have been the result of motor vehicle [or], motorcy-
 cle,  ELECTRIC  SCOOTER, OR BICYCLE WITH ELECTRIC ASSIST accidents. SUCH
 REPORT SHALL INCLUDE INFORMATION REGARDING THE TYPE OF VEHICLE  INVOLVED
 IN SUCH ACCIDENT. Such report shall include information on the width and
 length  of  trucks,  tractors,  trailers  and semitrailers, which are in
 excess of ninety-five inches in width or thirty-four feet in length  and
 which  are  involved in such accidents, whether such accident took place
 in a work area and whether it was being operated with an  overweight  or
 overdimension permit.  Such report shall distinctly indicate and include
 information  as  to whether the inflatable restraint system inflated and
 deployed.   Nothing contained in this subdivision  shall  be  deemed  to
 preclude  a  police  officer from reporting any other accident which, in
 the judgment of such police officer, would be required to be reported to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10758-01-3
              

 S. 7610                             2
 
 the commissioner by the operator of a vehicle pursuant  to  section  six
 hundred five of this article.
   § 2. Subdivision 1 of section 603-a of the vehicle and traffic law, as
 amended  by chapter 489 of the laws of 2017, paragraph (b) as amended by
 chapter 27 of the laws of 2018, is amended to read as follows:
   1. In addition to the requirements of section  six  hundred  three  of
 this  article,  whenever  a  motor vehicle, ELECTRIC SCOOTER, OR BICYCLE
 WITH ELECTRIC ASSIST accident results  in  serious  physical  injury  or
 death  to  a  person, and such accident either is discovered by a police
 officer, or reported to a police officer within  five  days  after  such
 accident  occurred,  the  police  shall conduct an investigation of such
 accident.
   (a) Such investigation shall be conducted for the purposes of making a
 determination of the following: the facts and circumstances of the acci-
 dent; the type or types of vehicles involved, including passenger  motor
 vehicles,  commercial  motor vehicles, motorcycles, limited use motorcy-
 cles, off-highway motorcycles, ELECTRIC SCOOTERS, BICYCLES WITH ELECTRIC
 ASSIST and/or bicycles; whether pedestrians were involved; the  contrib-
 uting  factor or factors; whether it can be determined if a violation or
 violations of this chapter occurred, and if so, the specific  provisions
 of  this chapter which were violated and by whom; and, the cause of such
 accident, where such cause can be determined.
   (b) When present at the scene  of  such  accident,  the  investigating
 officer  shall  also request that all operators of motor vehicles, ELEC-
 TRIC SCOOTERS, AND BICYCLES WITH ELECTRIC ASSIST involved in such  acci-
 dent  submit to field testing as defined in section eleven hundred nine-
 ty-four of this chapter provided there are reasonable grounds to believe
 such motor vehicle, ELECTRIC SCOOTER, OR BICYCLE  WITH  ELECTRIC  ASSIST
 operator committed a serious traffic violation in the same accident. The
 results  of  such  field  testing  or  refusal  of such testing shall be
 included in the police investigation report. For the  purposes  of  this
 section,  "serious traffic violation" shall mean operating a motor vehi-
 cle, ELECTRIC SCOOTER, OR BICYCLE WITH ELECTRIC ASSIST in  violation  of
 any  of the following provisions of this chapter: articles twenty-three,
 twenty-four,  twenty-five,  twenty-six,  twenty-eight,  twenty-nine  and
 thirty  and sections five hundred eleven, six hundred and twelve hundred
 twelve.
   (c) The police shall forward a copy of the investigation report to the
 commissioner within five business days of the completion of such report.
   § 3. Section 604 of the vehicle and traffic law is amended to read  as
 follows:
   § 604. Reports;  contents; preparation; distribution; filing.  Reports
 of accidents required under the preceding section, or  under  the  rules
 and regulations of the commissioner, shall be upon forms prepared by him
 and  contain  such information as he shall prescribe; PROVIDED, HOWEVER,
 THAT SUCH FORMS SHALL CONTAIN INFORMATION TO INDICATE WHETHER SUCH ACCI-
 DENT INVOLVED A MOTOR VEHICLE, ELECTRIC SCOOTER, OR BICYCLE  WITH  ELEC-
 TRIC  ASSIST.    Blank  forms  for  such reports shall be printed by the
 commissioner and a supply sent to all city, town and village clerks  and
 to  the  chief  officer  of  every  city  police  department for general
 distribution and use as herein provided. Reports of accidents,  required
 under the preceding section, shall be sent to and filed with the commis-
 sioner at the main office of the bureau of motor vehicles in the city of
 Albany, except as otherwise provided by the rules and regulations of the
 commissioner.
 S. 7610                             3
 
   § 4.  Subdivisions (b) and (c) of section 605 of the vehicle and traf-
 fic  law,  subdivision  (b) as added by chapter 254 of the laws of 1989,
 and subdivision (c) as amended by chapter 161 of the laws of  1996,  are
 amended to read as follows:
   (b) Every person operating [a] AN ELECTRIC SCOOTER, BICYCLE WITH ELEC-
 TRIC  ASSIST,  OR bicycle which is in any manner involved in an accident
 on a public highway in this state in which any person is  killed,  other
 than  the operator, or suffers serious physical injury as defined pursu-
 ant to subdivision ten of section 10.00 of the penal law,  shall  within
 ten days after such operator learns of the fact of such death or serious
 physical  injury,  report  the matter in writing to the commissioner. If
 such operator is physically incapable of making such report  within  ten
 days, he or she shall make the report immediately upon recovery from the
 physical  incapacity.  If such operator is an unemancipated minor who is
 incapable of making such report for any reason, the parent  or  guardian
 of  such  operator shall make such report within ten days after learning
 of the fact of such accident.  Every such operator of  [a]  AN  ELECTRIC
 SCOOTER, BICYCLE WITH ELECTRIC ASSIST, OR bicycle, or parent or guardian
 of  such  unemancipated  minor operator, shall make such other and addi-
 tional reports as the commissioner shall require.
   (c) The report required by this section shall be made in such form and
 number as the commissioner may  prescribe.  Such  report  shall  include
 information  on  the  width and length of trucks, tractors, trailers and
 semitrailers, which are in excess of  ninety-five  inches  in  width  or
 thirty-four  feet  in  length  and which are involved in such accidents,
 whether such accident took place in a work area and whether it was being
 operated with an overweight or over dimension permit. Such report  shall
 distinctly indicate and include information as to whether the inflatable
 restraint  system  inflated  and  deployed.   SUCH REPORT SHALL INDICATE
 WHETHER THE ACCIDENT INVOLVED A  MOTOR  VEHICLE,  ELECTRIC  SCOOTER,  OR
 BICYCLE WITH ELECTRIC ASSIST.
   §  5.   This act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7610--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 24, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to reporting
   accidents involving  electric  scooters  and  bicycles  with  electric
   assist
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 603 of  the  vehicle  and  traffic
 law,  as  amended by chapter 432 of the laws of 1997, is amended to read
 as follows:
   1. Every police or judicial officer to whom an accident  resulting  in
 injury  to  a person shall have been reported, pursuant to the foregoing
 provisions of this chapter, shall immediately investigate the facts,  or
 cause  the same to be investigated, and report the matter to the commis-
 sioner forthwith; provided, however, that the report of the accident  is
 made  to  the  police officer or judicial officer within five days after
 such accident.  Every coroner, or other official performing  like  func-
 tions,  shall likewise make a report to the commissioner with respect to
 all deaths found to have been the result of motor vehicle [or], motorcy-
 cle, ELECTRIC SCOOTER, OR BICYCLE WITH ELECTRIC ASSIST  accidents.  SUCH
 REPORT  SHALL INCLUDE INFORMATION REGARDING THE TYPE OF VEHICLE INVOLVED
 IN SUCH ACCIDENT. Such report shall include information on the width and
 length of trucks, tractors, trailers  and  semitrailers,  which  are  in
 excess  of ninety-five inches in width or thirty-four feet in length and
 which are involved in such accidents, whether such accident  took  place
 in  a  work area and whether it was being operated with an overweight or
 overdimension permit.  Such report shall distinctly indicate and include
 information as to whether the inflatable restraint system  inflated  and
 deployed.    Nothing  contained  in  this subdivision shall be deemed to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10758-03-3
              

 S. 7610--A                          2
 
 preclude a police officer from reporting any other  accident  which,  in
 the judgment of such police officer, would be required to be reported to
 the  commissioner  by  the operator of a vehicle pursuant to section six
 hundred five of this article.
   §  2.  Paragraph  (a) of subdivision 1 of section 603-a of the vehicle
 and traffic law, as amended by chapter 489  of  the  laws  of  2017,  is
 amended to read as follows:
   (a) Such investigation shall be conducted for the purposes of making a
 determination of the following: the facts and circumstances of the acci-
 dent;  the type or types of vehicles involved, including passenger motor
 vehicles, commercial motor vehicles, motorcycles, limited  use  motorcy-
 cles, off-highway motorcycles, ELECTRIC SCOOTERS, BICYCLES WITH ELECTRIC
 ASSIST  and/or bicycles; whether pedestrians were involved; the contrib-
 uting factor or factors; whether it can be determined if a violation  or
 violations  of this chapter occurred, and if so, the specific provisions
 of this chapter which were violated and by whom; and, the cause of  such
 accident, where such cause can be determined.
   §  3. Section 604 of the vehicle and traffic law is amended to read as
 follows:
   § 604. Reports; contents; preparation; distribution; filing.   Reports
 of  accidents  required  under the preceding section, or under the rules
 and regulations of the commissioner, shall be upon forms prepared by him
 and contain such information as he shall prescribe;  PROVIDED,  HOWEVER,
 THAT SUCH FORMS SHALL CONTAIN INFORMATION TO INDICATE WHETHER SUCH ACCI-
 DENT  INVOLVED  A MOTOR VEHICLE, ELECTRIC SCOOTER, OR BICYCLE WITH ELEC-
 TRIC ASSIST.   Blank forms for such reports  shall  be  printed  by  the
 commissioner  and a supply sent to all city, town and village clerks and
 to the chief  officer  of  every  city  police  department  for  general
 distribution  and use as herein provided. Reports of accidents, required
 under the preceding section, shall be sent to and filed with the commis-
 sioner at the main office of the bureau of motor vehicles in the city of
 Albany, except as otherwise provided by the rules and regulations of the
 commissioner.
   § 4.  Subdivisions (b) and (c) of section 605 of the vehicle and traf-
 fic law, subdivision (b) as added by chapter 254 of the  laws  of  1989,
 and  subdivision  (c) as amended by chapter 161 of the laws of 1996, are
 amended to read as follows:
   (b) Every person operating [a] AN ELECTRIC SCOOTER, BICYCLE WITH ELEC-
 TRIC ASSIST, OR bicycle which is in any manner involved in  an  accident
 on  a  public highway in this state in which any person is killed, other
 than the operator, or suffers serious physical injury as defined  pursu-
 ant  to  subdivision ten of section 10.00 of the penal law, shall within
 ten days after such operator learns of the fact of such death or serious
 physical injury, report the matter in writing to  the  commissioner.  If
 such  operator  is physically incapable of making such report within ten
 days, he or she shall make the report immediately upon recovery from the
 physical incapacity. If such operator is an unemancipated minor  who  is
 incapable  of  making such report for any reason, the parent or guardian
 of such operator shall make such report within ten days  after  learning
 of  the  fact  of such accident.  Every such operator of [a] AN ELECTRIC
 SCOOTER, BICYCLE WITH ELECTRIC ASSIST, OR bicycle, or parent or guardian
 of such unemancipated minor operator, shall make such  other  and  addi-
 tional reports as the commissioner shall require.
   (c) The report required by this section shall be made in such form and
 number  as  the  commissioner  may  prescribe. Such report shall include
 information on the width and length of trucks,  tractors,  trailers  and
 S. 7610--A                          3

 semitrailers,  which  are  in  excess  of ninety-five inches in width or
 thirty-four feet in length and which are  involved  in  such  accidents,
 whether such accident took place in a work area and whether it was being
 operated  with an overweight or over dimension permit. Such report shall
 distinctly indicate and include information as to whether the inflatable
 restraint system inflated and deployed.    SUCH  REPORT  SHALL  INDICATE
 WHETHER  THE  ACCIDENT  INVOLVED  A  MOTOR VEHICLE, ELECTRIC SCOOTER, OR
 BICYCLE WITH ELECTRIC ASSIST.
   § 5.  This act shall take effect on the thirtieth day after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.