S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10392

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, the  vehicle  and  traffic  law,  the
  civil  practice  law  and  rules,  and  the criminal procedure law, in
  relation to dashboard cameras

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2336 of the insurance law is amended by adding a
new subsection (i) to read as follows:
  (I) (1) ANY SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL PRIVATE PASSEN-
GER INSURANCE SHALL PROVIDE FOR A  FIVE  PERCENT  REDUCTION  IN  PREMIUM
CHARGES FOR BODILY INJURY LIABILITY, PROPERTY DAMAGE LIABILITY, PERSONAL
INJURY  PROTECTION, MEDICAL PAYMENTS AND COLLISION COVERAGE WITH RESPECT
TO AUTOMOBILES EQUIPPED WITH AN OPERATING DASHBOARD CAMERA THAT COMPLIES
WITH THE RULES AND REGULATIONS OF THE  COMMISSIONER  OF  MOTOR  VEHICLES
PROMULGATED  PURSUANT  TO SUBDIVISION FIFTY-TWO OF SECTION THREE HUNDRED
SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.  EACH INSURER MAY ESTABLISH
SUCH REQUIREMENTS AS IT SHALL DEEM NECESSARY FOR THE SUBMISSION OF PROOF
AND CERTIFICATION THAT SUCH A DASHBOARD CAMERA HAS BEEN INSTALLED IN THE
INSURED AUTOMOBILE AND THAT SUCH CAMERA IS IN OPERATING  CONDITION.  THE
SUPERINTENDENT  SHALL,  IN  CONSULTATION  WITH THE COMMISSIONER OF MOTOR
VEHICLES, PROMULGATE RULES AND REGULATIONS.
  (2) IN ANY INSTANCE IN WHICH  AN  INSURED  IS  RECEIVING  THE  PREMIUM
REDUCTION  PROVIDED  IN PARAGRAPH ONE OF THIS SUBSECTION AND THE INSURED
HAS FALSELY CERTIFIED THAT HIS OR HER AUTOMOBILE  IS  EQUIPPED  WITH  AN
OPERATING DASHBOARD CAMERA OR THE DASHBOARD CAMERA IS NO LONGER IN OPER-
ATING  CONDITION WHILE THE AUTOMOBILE IS BEING OPERATED, THE INSURER MAY
IMPOSE A CIVIL PENALTY UPON SUCH INSURED EQUAL TO THE PREMIUM  REDUCTION
GRANTED  FOR  THE  DASHBOARD  CAMERA FOR ONE YEAR OR FOR THE PERIOD SUCH
REDUCTION WAS WRONGFULLY GRANTED, WHICHEVER SHALL BE  SHORTER.  FURTHER-
MORE,  AN  INSURER  MAY  THEREAFTER  DENY  THE PROVISION OF SUCH PREMIUM
REDUCTION REGARDLESS OF WHETHER A SUITABLE DASHBOARD CAMERA IS INSTALLED
IN THE AUTOMOBILE IN THE FUTURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14226-03-6
              

A. 10392                            2

  (3) EVERY INSURER SHALL INCLUDE IN EACH CERTIFICATION COMPLETED BY  AN
INSURED  PURSUANT  TO  THIS SUBSECTION, A STATEMENT OF THE IMPOSITION OF
THE CIVIL PENALTY AUTHORIZED BY PARAGRAPH TWO OF THIS SUBSECTION IN  THE
EVENT  SUCH  CERTIFICATION IS FALSE. IN ADDITION EACH SUCH CERTIFICATION
SHALL  INFORM  THE  INSURED OF HIS OR HER DUTY TO MAINTAIN THE DASHBOARD
CAMERA IN WORKING CONDITION AT ALL TIMES.
  S 2. The insurance law is amended by adding a new section 5110 to read
as follows:
  S 5110. REVIEW OF DASHBOARD CAMERA IMAGES. (A) EVERY  INSURER  IN  THE
SETTLEMENT  OF  ANY  CLAIM  INVOLVING A MOTOR VEHICLE OR MOTOR VEHICLES,
SHALL REVIEW ANY AVAILABLE IMAGES FROM A DASHBOARD CAMERA  OR  DASHBOARD
CAMERAS  INSTALLED  IN  ANY OF THE VEHICLES TO WHICH SUCH CLAIM RELATES.
THEREAFTER, EACH SUCH INSURER SHALL SUBMIT CERTIFICATION OF SUCH  REVIEW
TO THE SUPERINTENDENT.
  (B)  THE  IMAGES  FROM A DASHBOARD CAMERA SHALL BE CONSIDERED BASED ON
THE TOTALITY OF THE CIRCUMSTANCES OF A CLAIM, AND SUCH IMAGES SHALL  NOT
BE  DEEMED  TO  BE  DISPOSITIVE,  BUT  SHALL  BE CONSIDERED AS ANY OTHER
EVIDENCE RELATING TO A CLAIM.
  S 3. Subdivision (c) of section 301 of the vehicle and traffic law  is
amended by adding a new paragraph 4 to read as follows:
  (4)(I)  DURING  THE  COURSE  OF  EACH  SAFETY  INSPECTION, A CERTIFIED
INSPECTOR SHALL DETERMINE WHETHER A DASHBOARD CAMERA IS INSTALLED IN THE
MOTOR VEHICLE. IN THE EVENT THAT SUCH A CAMERA IS INSTALLED IN  A  MOTOR
VEHICLE, HE OR SHE SHALL DETERMINE WHETHER THE DASHBOARD CAMERA COMPLIES
WITH  THE RULES AND REGULATIONS OF THE COMMISSIONER PROMULGATED PURSUANT
TO SUBDIVISION FIFTY-TWO OF SECTION THREE HUNDRED SEVENTY-FIVE  OF  THIS
TITLE  AND WHETHER SUCH CAMERA IS IN OPERATING CONDITION WHILE THE MOTOR
VEHICLE IS BEING OPERATED.
  (II) IN THE EVENT A MOTOR VEHICLE DOES NOT HAVE  A  DASHBOARD  CAMERA,
HAS  A  CAMERA WHICH DOES NOT COMPLY WITH THE RULES OF THE COMMISSIONER,
OR SUCH CAMERA IS NOT IN OPERATING CONDITION,  THE  CERTIFIED  INSPECTOR
SHALL  INCLUDE A NOTATION, THAT THE MOTOR VEHICLE DOES NOT HAVE AN OPER-
ATING DASHBOARD CAMERA, UPON THE CERTIFICATE OF INSPECTION  PROVIDED  TO
THE OWNER AND THE DEPARTMENT.
  (III)  IN THE EVENT A MOTOR VEHICLE HAS AN OPERATING DASHBOARD CAMERA,
WHICH COMPLIES WITH THE RULES AND REGULATIONS OF THE  COMMISSIONER,  THE
CERTIFIED INSPECTOR SHALL ISSUE A CERTIFICATION THEREOF TO THE OWNER AND
THE DEPARTMENT.
  S  4.  The  vehicle and traffic law is amended by adding a new section
322 to read as follows:
  S 322. DASHBOARD CAMERA RECORDS. UPON THE REQUEST OF ANY INSURER ISSU-
ING OWNER'S POLICIES OF  LIABILITY  INSURANCE,  THE  COMMISSIONER  SHALL
FORWARD  TO  SUCH  INSURER A COPY OF ANY REPORT, RELATING TO A DASHBOARD
CAMERA INSTALLED IN A MOTOR VEHICLE INSURED BY THE  INSURER,  WHICH  THE
COMMISSIONER  POSSESSES PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION (C) OF
SECTION THREE HUNDRED ONE OF THIS TITLE.
  S 5. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 52 to read as follows:
  52. DASHBOARD CAMERAS. THE COMMISSIONER  SHALL,  BY  RULES  AND  REGU-
LATIONS, ESTABLISH STANDARDS FOR THE SIZE, LOCATION AND USE OF DASHBOARD
CAMERAS  INSTALLED  IN  MOTOR  VEHICLES. THE COMMISSIONER MAY MAINTAIN A
LIST OF THOSE DASHBOARD CAMERAS APPROVED BY HIM OR HER AS CONFORMING  TO
THE SPECIFICATIONS AND REQUIREMENTS ESTABLISHED FOR SUCH CAMERAS.
  S  6.  The  civil  practice  law  and rules is amended by adding a new
section 4549 to read as follows:

A. 10392                            3

  S 4549. DASHBOARD CAMERA IMAGES. ANY IMAGE OR  IMAGES  PRODUCED  BY  A
DASHBOARD CAMERA SHALL BE ADMISSIBLE AS PROOF OF THE OCCURRENCE OR EVENT
DEPICTED IN SUCH IMAGE OR IMAGES.
  S  7.  The  criminal  procedure law is amended by adding a new section
60.80 to read as follows:
S 60.80 DASHBOARD CAMERA IMAGES.
  ANY IMAGE OR IMAGES PRODUCED BY A DASHBOARD CAMERA SHALL BE ADMISSIBLE
AS PROOF OF THE OCCURRENCE OR EVENT DEPICTED IN SUCH IMAGE OR IMAGES.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law and section one of this
act  shall  apply  to all policies issued, renewed, modified, altered or
amended on or after such date. Provided, however, that, effective  imme-
diately, any and all rules and regulations and any other measures neces-
sary  to  implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.