§ 600 — Leaving scene of an incident without reporting

New York § 600

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 6: Accidents and Accident Reports

Text

§ 600. Leaving scene of an incident without reporting. 1. Property\ndamage. a. Any person operating a motor vehicle who, knowing or having\ncause to know that damage has been caused to the real property or to the\npersonal property, not including animals, of another, due to an incident\ninvolving the motor vehicle operated by such person shall, before\nleaving the place where the damage occurred, stop, exhibit his or her\nlicense and insurance identification card for such vehicle, when such\ncard is required pursuant to articles six and eight of this chapter, and\ngive his or her name, residence, including street and number, insurance\ncarrier and insurance identification information including but not\nlimited to the number and effective dates of said individual's insurance\npolicy, and license number to the party sustaining the damage, or in\ncase the person sustaining the damage is not present at the place where\nthe damage occurred then he or she shall report the same as soon as\nphysically able to the nearest police station, or judicial officer. In\naddition to the foregoing, any such person shall also: (i) (A) produce\nthe proof of insurance coverage required pursuant to article\nforty-four-B of this chapter if such person is a TNC driver operating a\nTNC vehicle while the incident occurred who was (1) logged on to the\nTNC's digital network but not engaged in a TNC prearranged trip or (2)\nwas engaged in a TNC prearranged trip; and (B) disclose whether he or\nshe, at the time such incident occurred, was (1) logged on to the TNC's\ndigital network but not engaged in a TNC prearranged trip or (2) was\nengaged in a TNC prearranged trip, or (ii) (A) produce the proof of\ninsurance coverage required pursuant to article forty of the general\nbusiness law if such person is a shared vehicle owner or shared vehicle\ndriver operating a shared vehicle during a peer-to-peer car sharing\nperiod while the incident occurred; and (B) disclose whether he or she,\nat the time such incident occurred, was operating a shared vehicle\nduring a peer-to-peer car sharing period.\n b. It shall be the duty of any member of a law enforcement agency who\nis at the scene of the accident to request the said operator or\noperators of the motor vehicles, when physically capable of doing so, to\nexchange the information required hereinabove and such member of a law\nenforcement agency shall assist such operator or operators in making\nsuch exchange of information in a reasonable and harmonious manner.\n A violation of the provisions of paragraph a of this subdivision shall\nconstitute a traffic infraction punishable by a fine of up to two\nhundred fifty dollars or a sentence of imprisonment for up to fifteen\ndays or both such fine and imprisonment.\n 2. Personal injury. a. Any person operating a motor vehicle who,\nknowing or having cause to know that personal injury has been caused to\nanother person, due to an incident involving the motor vehicle operated\nby such person shall, before leaving the place where the said personal\ninjury occurred, stop, exhibit his or her license and insurance\nidentification card for such vehicle, when such card is required\npursuant to articles six and eight of this chapter, and give his or her\nname, residence, including street and street number, insurance carrier\nand insurance identification information including but not limited to\nthe number and effective dates of said individual's insurance policy and\nlicense number, to the injured party, if practical, and also to a police\nofficer, or in the event that no police officer is in the vicinity of\nthe place of said injury, then, he or she shall report said incident as\nsoon as physically able to the nearest police station or judicial\nofficer. In addition to the foregoing, any such person shall also: (i)\n(A) produce the proof of insurance coverage required pursuant to article\nforty-four-B of this chapter if such person is a TNC driver operating a\nTNC vehicle at the time of the incident who was (1) logged on to the\nTNC's digital network but not engaged in a TNC prearranged trip or (2)\nwas engaged in a TNC prearranged trip; and (B) disclose whether he or\nshe, at the time such incident occurred, was (1) logged on to the TNC's\ndigital network but not engaged in a TNC prearranged trip or (2) was\nengaged in a TNC prearranged trip, or (ii) (A) produce the proof of\ninsurance coverage required pursuant to article forty of the general\nbusiness law if such person is a shared vehicle owner or shared vehicle\ndriver operating a shared vehicle during a peer-to-peer car sharing\nperiod while the incident occurred; and (B) disclose whether he or she,\nat the time such incident occurred, was operating a shared vehicle\nduring a peer-to-peer car sharing period.\n b. It shall be the duty of any member of a law enforcement agency who\nis at the scene of the accident to request the said operator or\noperators of the motor vehicles, when physically capable of doing so, to\nexchange the information required hereinabove and such member of a law\nenforcement agency shall assist such operator or operators in making\nsuch exchange of information in a reasonable and harmonious manner.\n c. A violation of the provisions of paragraph a of this subdivision\nresulting solely from the failure of an operator to exhibit his or her\nlicense and insurance identification card for the vehicle or exchange\nthe information required in such paragraph shall constitute a class B\nmisdemeanor punishable by a fine of not less than two hundred fifty nor\nmore than five hundred dollars in addition to any other penalties\nprovided by law. Any subsequent such violation shall constitute a class\nA misdemeanor punishable by a fine of not less than five hundred nor\nmore than one thousand dollars in addition to any other penalties\nprovided by law. Any violation of the provisions of paragraph a of this\nsubdivision, other than for the mere failure of an operator to exhibit\nhis or her license and insurance identification card for such vehicle or\nexchange the information required in such paragraph, shall constitute a\nclass A misdemeanor, punishable by a fine of not less than seven hundred\nfifty dollars nor more than one thousand dollars in addition to any\nother penalties provided by law. Any such violation committed by a\nperson after such person has previously been convicted of such a\nviolation shall constitute a class E felony, punishable by a fine of not\nless than one thousand nor more than three thousand dollars in addition\nto any other penalties provided by law. Any violation of the provisions\nof paragraph a of this subdivision, other than for the mere failure of\nan operator to exhibit his or her license and insurance identification\ncard for such vehicle or exchange the information required in such\nparagraph, where the personal injury involved (i) results in serious\nphysical injury, as defined in section 10.00 of the penal law, shall\nconstitute a class E felony, punishable by a fine of not less than one\nthousand nor more than five thousand dollars in addition to any other\npenalties provided by law, or (ii) results in death shall constitute a\nclass D felony punishable by a fine of not less than two thousand nor\nmore than five thousand dollars in addition to any other penalties\nprovided by law.\n 3. For the purposes of this article, the terms "TNC", "TNC driver",\n"TNC vehicle", "TNC prearranged trip" and "digital network" shall have\nthe same meanings as such terms are defined in article forty-four-B of\nthis chapter and the terms "shared vehicle owner", "shared vehicle\ndriver", "shared vehicle" and "peer-to-peer car sharing period" shall\nhave the same meanings as such terms are defined in article forty of the\ngeneral business law.\n