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Article 22 - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title VI ›
• Article 22

S 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.
    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.
    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 five hundred
  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 two thousand five hundred 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.

  S 601. Leaving scene of injury to certain animals without reporting.
  Any person operating a motor vehicle which shall strike and  injure  any
  horse,  dog,  cat or animal classified as cattle shall stop and endeavor
  to locate the owner or custodian of such animal or a  police,  peace  or
  judicial  officer  of  the  vicinity,  and take any other reasonable and
  appropriate action so that the animal may have necessary attention,  and
  shall  also  promptly  report  the  matter  to  such owner, custodian or
  officer (or if no one of such has been located, then to a police officer
  of some other nearby community),  exhibiting  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, giving  his
  or her name and residence, including street and street number, insurance
  carrier  and  insurance  identification  information and license number.
  Violation of this section shall be punishable by a fine of not more than
  one hundred dollars for a first offense and by a fine of not  less  than
  fifty  nor  more than one hundred fifty dollars for a second offense and
  each subsequent offense; provided, however where  the  animal  that  has
  been  struck  and injured is a guide dog, hearing dog or service dog, as
  such terms are defined in section forty-seven-b of the civil rights  law
  which  is  actually  engaged  in  aiding  or  guiding  a  person  with a
  disability, a violation of this section shall be publishable by  a  fine
  of  not  less  than  fifty nor more than one hundred fifty dollars for a
  first offense and by a fine of not less than one hundred  fifty  dollars
  nor  more  than  three  hundred  dollars  for  a second offense and each
  subsequent offense.

  S 602. Arrest  for  violations of sections six hundred and six hundred
  one.   A peace officer, acting pursuant to  his  special  duties,  or  a
  police  officer  may,  without  a  warrant,  arrest a person, in case of
  violation of section six hundred and section six hundred one,  which  in
  fact  have  been  committed,  though  not  in  his presence, when he has
  reasonable cause to believe that the violation  was  committed  by  such
  person.

   S 603. Accidents; police authorities and coroners to report.  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 commissioner 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 functions, shall likewise
  make a report to the commissioner with respect to all  deaths  found  to
  have  been  the  result  of motor vehicle or motorcycle accidents.  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 the
  commissioner by the operator  of  a  vehicle  pursuant  to  section  six
  hundred five of this article.
    2. In addition to the requirements of subdivision one of this section,
  every  police officer or judicial officer to whom an accident shall have
  been reported involving  a  commercial  vehicle  as  defined  in  either
  subdivision  four  of  section  five hundred one-a or subdivision one of
  section  five  hundred  nine-p  of  this   chapter   shall   immediately
  investigate  the  facts, or cause the same to be investigated and report
  the matter to the commissioner forthwith, provided that  the  report  of
  the  accident  is  made to the police officer or judicial officer within
  five days after such accident, whenever such accident  has  resulted  in
  (i)  a  vehicle  being  towed  from  the accident scene as the result of
  incurring disabling damage, (ii) a fatality,  or  (iii)  any  individual
  being  transported  to  a  medical  facility to receive treatment as the
  result of physical injury sustained in the accident.

  S 603-a. Accidents; police authorities to investigate. 1. In addition
  to the requirements of  section  six  hundred  three  of  this  article,
  whenever  a motor vehicle 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.  Such  investigation  shall  be  conducted for the purposes of
  making a determination of the following: the facts and circumstances  of
  the  accident;  the  type  or  types  of  vehicles  involved,  including
  passenger  motor  vehicles,  commercial  motor  vehicles,   motorcycles,
  limited  use  motorcycles,  off-highway  motorcycles,  and/or  bicycles;
  whether pedestrians were involved; the contributing 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. The police shall forward  a  copy  of  the
  investigation  report  to  the commissioner within five business days of
  the completion of such report.
    2. For purposes of this section, the following terms  shall  have  the
  following meanings:
    (a)  "commercial  motor  vehicle"  shall have the same meaning as such
  term is defined in either subdivision four of section five hundred one-a
  or subdivision one of section five hundred nine-p of this chapter; and
    (b) "serious physical injury" shall have the same meaning as such term
  is defined in section 10.00 of the penal law.

  S 603-b. Accidents;  police  to indicate serious physical injury and
  death on simplified traffic information or  summons  and  compliant.  In
  addition  to  the  requirements  of  section  six  hundred three of this
  article and subdivision twelve of section eleven hundred  ninety-two  of
  this  chapter, in every case where a law enforcement officer is required
  to report pursuant to section six hundred three of this  article  and  a
  person  is  charged with a violation of this chapter arising out of such
  accident, the law enforcement officer alleging such charge shall make  a
  clear notation in the "Description of Violation" section of a simplified
  traffic  information,  or in an area provided on a summons and complaint
  pursuant to subdivision one of section two hundred  twenty-six  of  this
  chapter,  if,  arising  out of the same accident, someone other than the
  person charged was killed or suffered serious physical injury as defined
  in section 10.00 of the penal law; such notation shall be in the form of
  a "D" if someone other than the  person  charged  was  killed  and  such
  notation  shall  be  in the form of a "S.P.I." if someone other than the
  person charged suffered serious physical injury; provided however,  that
  the  failure to make such notation shall in no way affect a charge for a
  violation of this chapter.

  S 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.  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 commissioner 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 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.

  S 606. Processing of required reports.  The  commissioner,  when
  processing reports of accidents filed pursuant to  this  article,  shall
  give  priority  to reports involving serious physical injury (as defined
  in subdivision ten of section 10.00 of the penal law) or death.

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