2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 6 - ACCIDENTS AND ACCIDENT REPORTS
Article 22 - (600 - 605) ACCIDENTS AND ACCIDENT REPORTS
605 - Report required upon accident.


NY Veh & Traf L § 605 (2012) What's This?
 
    §  605. Report required upon accident. (a) 1. Every person operating a
  motor vehicle, except  a  police  officer  (as  defined  in  subdivision
  thirty-four of section 1.20 of the criminal procedure law), a correction
  officer,  or  a firefighter, operating a police department, a correction
  department, or fire department vehicle respectively while on duty, if  a
  report  has  been  filed  by  the owner of such vehicle, which is in any
  manner involved in an accident, anywhere within the boundaries  of  this
  state,  in  which any person is killed or injured, or in which damage to
  the property of any one person, including  himself,  in  excess  of  one
  thousand  dollars  is  sustained,  shall  within  ten  days  after  such
  accident, report the matter in writing  to  the  commissioner.  If  such
  operator  or chauffeur be physically incapable of making such report and
  there be another participant in the  accident  not  incapacitated,  such
  participant  shall make such report within ten days after such accident.
  If the operator or chauffeur involved in such accident be unable to make
  such report, the owner of the motor vehicle involved in  such  accident,
  if  such  owner be not involved in such accident or incapacitated, shall
  within ten days after he learns of the fact of such accident report  the
  matter  to  the  commissioner together with such information as may have
  come to his knowledge relating to such accident. Every such operator  or
  chauffeur  of  a  motor vehicle, or participant in any such accident, or
  owner of the motor vehicle involved in any  such  accident,  shall  make
  such other and additional reports as the commissioner shall require.
    2. Failure to report an accident as herein provided or failure to give
  correctly  the  information  required  of  him  by  the  commissioner in
  connection with such report shall be a misdemeanor and shall  constitute
  a ground for suspension or revocation of the operator's (or chauffeur's)
  license or all certificates of registration for any motor vehicle, or of
  both,  of  the person failing to make such report as herein required. In
  addition, the commissioner may temporarily suspend the driver's  license
  or  permit  or certificate of registration of the motor vehicle involved
  in the accident, or of both, of the person failing to report an accident
  within the period prescribed in paragraph one of this subdivision, until
  such report has been filed. However, no suspension or a revocation shall
  be made of a license  or  certificate  of  registration  of  any  police
  officer,  correction  officer,  or  firefighter  involved in an accident
  while on duty for failure  to  report  such  accident  within  ten  days
  thereof if a report has been filed by the owner of such vehicle.
    3.  In the case of a non-resident the failure to report an accident as
  herein provided shall constitute ground for suspension or revocation  of
  his  privileges  of  operating  a motor vehicle in this state and of the
  operation within this state of any motor vehicle owned by him.
    4. When a report required by this section is made by an  owner  or  an
  operator  of a fire vehicle, as defined by section one hundred fifteen-a
  of this chapter, or a police vehicle, as defined by section one  hundred
  thirty-two-a  of  this  chapter,  when such accident occurred during the
  operation of such vehicle in response to an emergency where the operator
  was responding to a call to duty as a paid or volunteer  member  of  any
  fire  department, or in the case of a police vehicle, when such accident
  occurred during emergency operation, as defined by section  one  hundred
  fourteen-b  of  this  chapter,  the  commissioner  shall  omit the event
  described in such report from the operator's external license  abstract.
  Provided,  however,  the commissioner shall not omit the event described
  in such report from the operator's external license  abstract  if  as  a
  result  of  such  event such operator has either (i) been charged with a
  violation of this chapter or of the penal law, unless  the  commissioner
  receives  evidence  that  such  charge  has  been dismissed, or that the
  action has otherwise been terminated in favor of the accused pursuant to

  section 160.50 of the criminal procedure law, or  that  the  charge  has
  otherwise  been  adjudicated in an administrative or other proceeding in
  favor of the defendant operator or (ii) been found to have been  grossly
  negligent by a final order of a court of competent jurisdiction.
    (b)  Every  person operating a 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 pursuant 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 bicycle, or parent or guardian of such unemancipated minor
  operator,  shall  make  such  other  and  additional  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.

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