§ 605. Report required upon accident. (a) 1. Every person operating a\nmotor vehicle, except a police officer (as defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law), a correction\nofficer, or a firefighter, operating a police department, a correction\ndepartment, or fire department vehicle respectively while on duty, if a\nreport has been filed by the owner of such vehicle, which is in any\nmanner involved in an accident, anywhere within the boundaries of this\nstate, in which any person is killed or injured, or in which damage to\nthe property of any one person, including himself, in excess of one\nthousand dollars is sustained, shall within ten days after such\naccident, report the matter in writing to the commissioner. If such\noperator or chauffeur be physically incapable of making such report and\nthere be another participant in the accident not incapacitated, such\nparticipant shall make such report within ten days after such accident.\nIf the operator or chauffeur involved in such accident be unable to make\nsuch report, the owner of the motor vehicle involved in such accident,\nif such owner be not involved in such accident or incapacitated, shall\nwithin ten days after he learns of the fact of such accident report the\nmatter to the commissioner together with such information as may have\ncome to his knowledge relating to such accident. Every such operator or\nchauffeur of a motor vehicle, or participant in any such accident, or\nowner of the motor vehicle involved in any such accident, shall make\nsuch other and additional reports as the commissioner shall require.\n 2. Failure to report an accident as herein provided or failure to give\ncorrectly the information required of him by the commissioner in\nconnection with such report shall be a misdemeanor and shall constitute\na ground for suspension or revocation of the operator's (or chauffeur's)\nlicense or all certificates of registration for any motor vehicle, or of\nboth, of the person failing to make such report as herein required. In\naddition, the commissioner may temporarily suspend the driver's license\nor permit or certificate of registration of the motor vehicle involved\nin the accident, or of both, of the person failing to report an accident\nwithin the period prescribed in paragraph one of this subdivision, until\nsuch report has been filed. However, no suspension or a revocation shall\nbe made of a license or certificate of registration of any police\nofficer, correction officer, or firefighter involved in an accident\nwhile on duty for failure to report such accident within ten days\nthereof if a report has been filed by the owner of such vehicle.\n 3. In the case of a non-resident the failure to report an accident as\nherein provided shall constitute ground for suspension or revocation of\nhis privileges of operating a motor vehicle in this state and of the\noperation within this state of any motor vehicle owned by him.\n 4. When a report required by this section is made by an owner or an\noperator of a fire vehicle, as defined by section one hundred fifteen-a\nof this chapter, or a police vehicle, as defined by section one hundred\nthirty-two-a of this chapter, when such accident occurred during the\noperation of such vehicle in response to an emergency where the operator\nwas responding to a call to duty as a paid or volunteer member of any\nfire department, or in the case of a police vehicle, when such accident\noccurred during emergency operation, as defined by section one hundred\nfourteen-b of this chapter, the commissioner shall omit the event\ndescribed in such report from the operator's external license abstract.\nProvided, however, the commissioner shall not omit the event described\nin such report from the operator's external license abstract if as a\nresult of such event such operator has either (i) been charged with a\nviolation of this chapter or of the penal law, unless the commissioner\nreceives evide
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