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This entry was published on 2025-02-21
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SECTION 399-CCCCC
Connected vehicle service; domestic violence victims
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-ccccc. Connected vehicle service; domestic violence victims.
1. For the purposes of this section, the terms: (a) "connected vehicle
service" shall mean any technology that enables a person, other than the
driver or a covered provider, to track the location of, control any
operation of, or obtain or share data from the vehicle including, but
not limited to, a global positioning system (GPS) that tracks the
location of the vehicle or an app-based technology that controls any
operation of the vehicle; and

(b) "covered provider" shall mean a vehicle manufacturer or an entity
acting on behalf of the vehicle manufacturer that provides any connected
vehicle service.

2. (a) A covered provider operating in this state shall, within two
business days after receiving a request by a driver who meets the
requirements of subdivision three of this section, terminate an
individual's access to any connected vehicle service.

(b) Upon a showing that termination of an individual's access to
connected vehicle service is technologically infeasible, such covered
provider shall promptly notify a driver seeking relief of such technical
infeasibility and provide potential alternatives including, but not
limited to, informing the driver on how to disable or modify the
settings for a connected vehicle service manually.

3. (a) A request by a driver that a covered provider terminate an
individual's access to connected vehicle service shall include the
following information:

(i) vehicle identification number (VIN);

(ii) proof of such driver's legal possession of a vehicle which may be
established by providing the vehicle title, the vehicle title paired
with a lease agreement in the driver's name, a court order awarding sole
possession or ownership of a vehicle to such driver, proof of marriage
of the driver and the owner of the car at the time the car was bought or
leased, or such other proof as determined by the commissioner of motor
vehicles in conjunction with the office for the prevention of domestic
violence; and

(iii) a written attestation that the person making such request is a
victim of domestic violence, as defined in section four hundred
fifty-nine-a of the social services law.

(b) A covered provider shall not require a driver to provide any
information other than what is required by paragraph (a) of this
subdivision.

(c) Any information provided by a driver under paragraph (a) of this
subdivision shall be treated as confidential and securely disposed of no
later than ninety days after processing the request. Nothing in this
paragraph shall prohibit a covered provider from maintaining a record
that verifies an application to terminate a connected vehicle service
was completed.

(d) Nothing in this section shall prohibit a driver from seeking
relief under the family court act, and the domestic relations law.

4. A covered provider shall notify a driver seeking relief under
subdivision two of this section, in clear and accessible language, that
such covered provider may contact the driver, or the designated
representative of the driver, to confirm an individual's access to the
connected vehicle services has been terminated.

** 5. A covered provider shall, absent a showing of technological
infeasibility, provide a notification inside of a vehicle that is
installed with any connected vehicle service that shows when such
service is enabled and inform the driver on how to disable or modify the
settings for a connected vehicle service.

** NB Effective January 1, 2026 for vehicles manufactured prior to
January 1, 2028 and Effective January 1, 2028 for vehicles manufactured
on or after January 1, 2028 that have connected vehicle service

6. A covered provider shall provide information on its internet
website and vehicle internet applications, in clear and accessible
language, on the process of terminating a person's access to connected
vehicle service, including, but not limited to, the information required
pursuant to paragraph (a) of subdivision three of this section.

7. The office for the prevention of domestic violence shall develop
educational materials and resources on accessing this service and make
such information available on their website.

8. A covered provider shall not charge a driver a fee for completing a
request to terminate connected vehicle services pursuant to this
section.

9. A covered provider who fails to comply with the requirements of
this section shall be assessed a civil penalty not to exceed five
hundred dollars per violation.

10. A covered provider and any officer, director, employee, vendor or
agent thereof shall not be subject to liability for any claims arising
from an action taken necessary for compliance with this section, except
as provided in this section.

§ 2. Section 2 of a chapter of the laws of 2024 amending the general
business law relating to remote vehicle technology and domestic violence
victims, as proposed in legislative bills numbers S. 9174-B and A.
9616-C, is amended to read as follows:

* NB Effective March 21, 2025