S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3406
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT  to  amend  the vehicle and traffic law, in relation to imposing
   strict liability on manufacturers, owners, and operators  of  unmanned
   motor vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 389 to read as follows:
   §  389.  STRICT  LIABILITY FOR MANUFACTURERS, OWNERS, AND OPERATORS OF
 UNMANNED MOTOR VEHICLES. 1. EVERY MANUFACTURER, OWNER, AND  OPERATOR  OF
 UNMANNED  MOTOR  VEHICLES  USED  OR OPERATED IN THIS STATE SHALL BE HELD
 STRICTLY LIABLE AND RESPONSIBLE FOR DEATH OR INJURIES TO PERSON OR PROP-
 ERTY RESULTING FROM THE USE OR OPERATION OF SUCH VEHICLE IN THIS  STATE,
 IN THE BUSINESS OF SUCH OWNER OR OTHERWISE, BY ANY PERSON USING OR OPER-
 ATING  THE  SAME WITH THE PERMISSION, EXPRESS OR IMPLIED, OF SUCH OWNER.
 WHENEVER ANY UNMANNED MOTOR VEHICLES SHALL BE USED IN  COMBINATION  WITH
 ONE ANOTHER, BY ATTACHMENT OR TOW, THE PERSON USING OR OPERATING ANY ONE
 VEHICLE  SHALL,  FOR THE PURPOSES OF THIS SECTION, BE DEEMED TO BE USING
 OR OPERATING EACH VEHICLE IN THE COMBINATION,  AND  THE  OWNERS  THEREOF
 SHALL BE JOINTLY AND SEVERALLY LIABLE HEREUNDER.
   2.  AS  USED  IN THIS SECTION, "UNMANNED MOTOR VEHICLE" MEANS A "MOTOR
 VEHICLE", AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER,
 EXCEPT FIRE AND POLICE VEHICLES, "SEMITRAILER" AND "TRAILER" AS  DEFINED
 IN  ARTICLE ONE OF THIS CHAPTER, AND ALL FLYING VEHICLES, WHETHER OR NOT
 SUCH VEHICLES ARE USED OR OPERATED UPON A PUBLIC HIGHWAY, THAT DOES  NOT
 CARRY A HUMAN OPERATOR.
   3. AS USED IN THIS SECTION, "OWNER" SHALL BE AS DEFINED IN SECTION ONE
 HUNDRED  TWENTY-EIGHT  OF  THIS  CHAPTER  AND THEIR LIABILITY UNDER THIS
 SECTION SHALL BE JOINT AND  SEVERAL.  IF  A  VEHICLE  IS  SOLD  UNDER  A
 CONTRACT  OF  SALE  WHICH RESERVES A SECURITY INTEREST IN THE VEHICLE IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05193-01-9

 A. 3406                             2
 
 FAVOR OF THE VENDOR, SUCH VENDOR OR HIS ASSIGNEE SHALL NOT, AFTER DELIV-
 ERY OF SUCH VEHICLE, BE DEEMED AN OWNER WITHIN THE  PROVISIONS  OF  THIS
 SECTION,  BUT THE VENDEE, OR HIS ASSIGNEE, RECEIVING POSSESSION THEREOF,
 SHALL  BE  DEEMED SUCH OWNER NOTWITHSTANDING THE TERMS OF SUCH CONTRACT,
 UNTIL THE VENDOR OR HIS ASSIGNEE SHALL RETAKE POSSESSION OF  SUCH  VEHI-
 CLE.  A SECURED PARTY IN WHOSE FAVOR THERE IS A SECURITY INTEREST IN ANY
 VEHICLE OUT OF HIS POSSESSION, SHALL NOT BE DEEMED AN OWNER  WITHIN  THE
 PROVISIONS OF THIS SECTION.
   4.  AS  USED  IN  THIS SECTION, "MANUFACTURER" SHALL BE DEFINED AS ANY
 PERSON OR BUSINESS ENTITY ENGAGED IN MANUFACTURING OR PRODUCING UNMANNED
 MOTOR VEHICLES.
   5. AS USED IN THIS SECTION, "OPERATOR" SHALL BE DEFINED AS ANY  PERSON
 WHO HAS CONTROL OVER THE UNMANNED MOTOR VEHICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.