NY State Senate Bill 2019-S5378

Senate Bill S5378

2019-2020 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
Apr 29, 2019	referred to insurance

co-Sponsors

2019-S5378 (ACTIVE) - Details

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:: 2021-2022: S5546
2023-2024: S5601

2019-S5378 (ACTIVE) - 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

2019-S5378 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5378

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the insurance law, the vehicle and
traffic law, the civil practice law and rules, and the criminal proce-
dure law, in relation to dashboard cameras

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC 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 Traf-
fic 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 pertain-
ing 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 offer-
ing 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 liti-
gation 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 acci-
dents 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 near-
by.

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 demon-
strate 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:

Introduced 2018 - referred to Insurance

 
FISCAL IMPLICATIONS:

To be determined.

 
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.

2019-S5378 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5378
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee 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-FOUR 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.

                                                            LBD06202-04-9

 S. 5378                             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-FOUR 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 54 to read as follows:
   54. 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. 5378                             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.

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Senate Bill S5378

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Sponsored By

Leroy Comrie