S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5132
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 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-THREE 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.
              

                                                            LBD06202-02-9

 A. 5132                             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.
   § 2. The insurance law is amended by adding a new section 5110 to read
 as follows:
   § 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.
   § 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-THREE 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.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 322 to read as follows:
   § 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.
   § 5. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 53 to read as follows:
   53.  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.

 A. 5132                             3
 
   § 6. The civil practice law and rules  is  amended  by  adding  a  new
 section 4549 to read as follows:
   §  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.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 60.80 to read as follows:
 § 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.
   §  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. 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 to be
 completed on or before such date.