Authorizes alco-sensor portable testing of motor vehicle operators by Triborough bridge and tunnel authority officers

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.