What's happening
This bill allows police to arrest drivers who injure or seriously injure pedestrians, bicyclists, or highway workers due to lack of due care, even if the officer did not witness the incident.
Why it matters
Expands police authority. by allowing officers to make arrests for certain traffic violations resulting in injury, even if they did not witness the incident firsthand—potentially leading to more immediate consequences for dangerous driving behavior.
Addresses accountability gaps. that previously allowed drivers who harmed pedestrians, bicyclists, or highway workers due to lack of due care to avoid arrest unless the incident was directly observed by police, thereby strengthening victim protections.
Increases legal consequences and deterrence. for drivers who fail to exercise due care, which could encourage safer driving and may help reduce injuries among vulnerable road users, including not only pedestrians and bicyclists but also highway workers.
Introduces a rebuttable presumption. that a driver who injures or seriously injures someone while failing to exercise due care was at fault, potentially making it easier to prosecute such cases and shifting some of the legal burden onto the driver.
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Who cares
Headline styles
Let Police Arrest Dangerous Drivers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2369
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing police officers to arrest a driver of a motor vehicle in certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions (a), (b) and (c) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, are amended to read as follows:
(a) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, including any highway worker, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term "highway worker" shall mean any person engaged in work on a highway who is working on behalf of the United States, this state, or any county, city, town, district or any other political subdivision of the state; and the term "domestic animal" shall mean domesticated sheep, cattle, and goats which are under the supervision and control of a pedestrian.
(b) 1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian, including any highway worker or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than five hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment.
2. If such driver of a motor vehicle causes physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02333-01-9
S. 2369 2
of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such physical injury.
(c) 1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian, including any highway worker or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspension of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter.
2. If such driver of a motor vehicle causes serious physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such serious physical injury.
§ 2. Section 1146 of the vehicle and traffic law is amended by adding a new subdivision (f) to read as follows:
(f) Notwithstanding the provisions of section 140.10 of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a violation of subdivision (b) or (c) of this section, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officer's presence, when the officer has reasonable cause to believe that the violation was committed by such person.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to authorizing police officers to arrest a driver of a motor vehicle in certain circum- stances
Purpose
This bill allows police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant.
Summary of provisions
Section 1 amends subdivisions (a)(b) and (c) of Section 1146 of the Vehicle and Traffic Law by requiring that drivers exercise "due care" so as not to cause physical injury to highway workers.
Section 2 amends Section 1146 of the Vehicle and Traffic Law by adding a new subdivision (f). A police officer may arrest, without a warrant, a driver whom the officer has reasonable cause to believe violated subdi- visions (b) or (c) of Section 1146. Subdivisions (b) and (c) of Section 1146 set penalties and fines for drivers who have caused physical injury or serious physical injury to a pedestrian or bicyclist because they failed to exercise due care in the operation of a motor vehicle.
Justification
The 2010 amendments to Section 1146, Article 26 of the Vehicle and Traf- fic Law, commonly called Hayley and Diego's Law, established a traffic infraction for drivers who injure a pedestrian or bicyclist due to a failure to exercise due care in operating a motor vehicle. VTL 1146 has seen limited enforcement in part because police officers may only issue a VTL 1146 when such accidents occur in the police officer's presence. This addition allows police officers to issue a VTL 1146 violation even if the accident did not take place in the presence of the police officer if the officer has reasonable cause to believe that the violation was committed by such person.
Legislative history
2018: S7031 - PASSED SENATE/ referred to transportation 2017: S1790 - PASSED SENATE/ referred to transportation 2016: S1121/A5748 - PASSED SENATE/referred to transportation 2015: S1121/A5748 - PASSED SENATE/referred to transportation 2014: S3644A/A2012-A - PASSED SENATE/referred to transportation
Fiscal impact on the state
None.
Effective date
This act shall take effect the 90th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.