NY State Senate Bill 2015-S6785A

Senate Bill S6785A

2015-2016 Legislative Session

Provides for a 5% automobile insurance premium reduction for non-commercial passenger motor vehicles equipped with an operating dashboard camera

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2016	print number 6785a
Feb 26, 2016	amend (t) and recommit to insurance
Feb 22, 2016	referred to insurance

Bill Amendments

Original

A (Active)

2015-S6785 - Details

See Assembly Version of this Bill:: A10392
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §2336, add §5110, Ins L; amd §§301 & 375, add §322, V & T L; add §4549, CPLR; add §60.80, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S438, A2629
2019-2020: A5132
2021-2022: A2673
2023-2024: A4341

2015-S6785 - Summary

Provides for a 5% automobile insurance premium reduction for non-commercial passenger motor vehicles equipped with an operating dashboard camera; establishes means for certification of the installation of such camera; establishes civil penalties for false certification of such installation; provides for insurer review during claims settlement of the images from dashboard cameras

2015-S6785 - Sponsor Memo

                                 BILL NUMBER:  S6785

 TITLE OF BILL :  An act to amend the insurance law, in relation to
providing premium reductions for non-commercial motor vehicles
equipped with dashboard cameras

 PURPOSE :

An act to amend the insurance law, in relation to providing premium
reductions for noncommercial motor vehicles equipped with dashboard
cameras

 SUMMARY OF PROVISIONS :

Section 1 adds a new subsection (i) to Section 2236 of the Insurance
Law, for the purposes of establishing a discount of five percent off
of the base rates of automobile liability insurance, when a customer
has installed a dashboard camera in their motor vehicle.

Section 2 sets forth the effective date of the law.

 JUSTIFICATION :

New York has a long history of promoting motor vehicle safety by
offering mandatory discounts on drivers' car insurance, including
rates that take into effect automatic safety belts, airbags, and most

recently, the completion of a defensive driving course. As technology
continues to progress, growing evidence has supported the value of
dashboard cameras installed in cars, and other motor vehicles. In
fact, several European nations have already begun instituting
discounts on car insurance rates for drivers that take advantage of
this technology.

Though New York is a 'no-fault jurisdiction' for the purposes of
typical accidents involving motor vehicles, it remains the case that
civil litigation often occurs in the context of "serious injuries," as
well as hit-and-run collisions. Beyond damage to property, hit and run
accidents cause serious injuries and often times, result in pedestrian
fatalities. Though on the decline, 131 pedestrian deaths resulted from
traffic accidents in 2014. There is good reason to believe that
dashboard cameras could play an important role in solving these
crimes; while investigators may not be able to retrieve a suspect's
camera, it is entirely possible that these incidents could be caught
on tape by other vehicles that are nearby.

Additionally, reports indicate a rise in insurance fraud schemes that
involve reckless driving by motorists. Dashboard cameras not only
provide protection to drivers in such cases where evidence could
demonstrate their lack of liability, but these cameras may also play
an important role in enriching criminal prosecutions for

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPACT :

TBD.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to all
policies issued, renewed, modified, altered or amended on or after
such date. Provided, however, that, effective immediately, any and all
rules and regulations and any other measures necessary to implement
the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

2015-S6785 - Bill Text download pdf

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

                                  6785

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law,  in  relation  to  providing  premium
  reductions  for  non-commercial motor vehicles equipped with 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) ANY SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL  PRIVATE  PASSENGER
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 A DASHBOARD CAMERA. THE SUPERINTENDENT  SHALL,
IN  CONSULTATION  WITH  THE  COMMISSIONER  OF MOTOR VEHICLES, PROMULGATE
RULES AND REGULATIONS ESTABLISHING STANDARDS FOR SUCH DASHBOARD CAMERAS.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
policies issued, renewed, modified, altered or amended on or after  such
date.  Provided, however, that, effective immediately, any and all rules
and regulations and  any  other  measures  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14226-01-6

co-Sponsors

2015-S6785A (ACTIVE) - Details

See Assembly Version of this Bill:: A10392
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §2336, add §5110, Ins L; amd §§301 & 375, add §322, V & T L; add §4549, CPLR; add §60.80, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S438, A2629
2019-2020: A5132
2021-2022: A2673
2023-2024: A4341

2015-S6785A (ACTIVE) - Summary

2015-S6785A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6785A                    Revised 02/29/16

 TITLE OF BILL :

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

 PURPOSE :

Provides for a 5% automobile insurance premium reduction for
non-commercial vehicles equipped with an operating dashboard camera

 SUMMARY OF PROVISIONS :

Section 1 adds a new subsection (i) to Section 2236 of the Insurance
Law, for the purposes of establishing a discount of five percent off
of the base rates of automobile liability insurance, when a customer
has installed a dashboard camera in their motor vehicle. Subsection
(ii) provides for civil penalties that may be waged by the insurer in
the case of false certifications made by customers claiming this
discount.

Section 2 amends the Insurance Law by adding a new Section 5110, for
the purposes of requiring an insurer to review dashboard camera
footage following the receipt of a claim. The section makes clear that

dashboard camera images are not to be deemed dispositive of a claim,
and are to be viewed in the totality of the circumstances involved.

Section 3 amends Subdivision (c) of Section 301 of the Vehicle and
Traffic Law by adding a new paragraph 4, which sets forth new
inspection standards that allow the presence of a dashboard camera to
be reported during the course of a driver's routine emissions testing.

Section 4 amends the Vehicle and Traffic Law by adding a new Section
322 that sets forth a procedure through which an insurer may request
records pertaining to the installation of dashboard cameras from the
Department of Motor Vehicles, in order to assess the viability of an
insured's request for, or maintenance of, the 5% premium discount.

Section 5 amends Section 375 of the Vehicle and Traffic Law by adding
a new Subsection 52, which allows the Commissioner of the Department
of Motor Vehicles the ability to promulgate rules and regulations
pertaining to the safe use of dashboard cameras, including the size
and location these devices within motor vehicles.

Section 6 amends the C.P.L.R. by adding a new Section 4549, which
permits the admissibility of dashboard camera images as proof of the
occurrence or event depicted in such images, in civil legal
proceedings.

Section 7 amends the Criminal Procedure Law by adding a new Section
60.80, which permits the admissibility of dashboard cameras as proof
of the occurrence or event depicted in such images, in criminal legal
proceedings.

Section 8 sets forth the effective date of the law.

 JUSTIFICATION :

New York has a long history of promoting motor vehicle safety by
offering mandatory discounts on drivers' car insurance, including
rates that take into effect automatic safety belts, airbags, and most
recently, the completion of a defensive driving course. As technology
continues to progress, growing evidence has supported the value of
dashboard cameras installed in cars, and other motor vehicles. In
fact, several European nations have already begun instituting
discounts on car insurance rates for drivers that take advantage of
this technology.

Though New York is a 'no-fault jurisdiction' for the purposes of
typical accidents involving motor vehicles, it remains the case that
civil litigation often occurs in the context of "serious injuries," as
well as hit-and-run collisions. Beyond damage to property, hit and run
accidents cause serious injuries and often times, result in pedestrian
fatalities. Though on the decline, 131 pedestrian deaths resulted from
traffic accidents in 2014. There is good reason to believe that
dashboard cameras could play an important role in solving these
crimes; while investigators may not be able to retrieve a suspect's
camera, it is entirely possible that these incidents could be caught
on tape by other vehicles that are nearby.

Additionally, reports indicate a rise in insurance fraud schemes that
involve reckless driving by motorists. Dashboard cameras not only
provide protection to drivers in such cases where evidence could
demonstrate their lack of liability, but these cameras may also play
an important role in enriching criminal prosecutions for fatal
hit-and-run incidents.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPACT :

TBD.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to all
policies issued, renewed, modified, altered or amended on or after
such date. Provided, however, that, effective immediately, any and all
rules and regulations and any other measures necessary to implement
the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

2015-S6785A (ACTIVE) - Bill Text download pdf

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

                                 6785--A

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14226-02-6

S. 6785--A                          2

REDUCTION REGARDLESS OF WHETHER A SUITABLE DASHBOARD CAMERA IS INSTALLED
IN THE AUTOMOBILE IN THE FUTURE.
  (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. 6785--A                          3

  S  6.  The  civil  practice  law  and rules is amended by adding a new
section 4549 to read as follows:
  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.

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