Legislation
SECTION 399-CCCCC
Remote vehicle technology; domestic violence victims
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-ccccc. Remote vehicle technology; domestic violence victims. 1.
For the purposes of this section, the term "remote vehicle technology"
shall mean any technology that allows a person who is outside of a
vehicle to track the location of, or control any operation of, the
vehicle, and includes, but is 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.
2. (a) A vehicle manufacturer and/or dealer located in this state
shall, within five 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 remote vehicle technology.
(b) Upon a showing that termination of an individual's access to
remote technology is technologically infeasible, such manufacturer or
dealer shall notify a driver seeking relief of such technical
infeasibility and provide potential alternatives.
3. (a) A request by a driver that a vehicle manufacturer and/or dealer
terminate an individual's access to remote vehicle technology shall
include the following information:
(i) proof of such driver's legal possession of a vehicle manufactured
by such vehicle manufacturer or sold by such dealer. Such proof may be
established by providing a vehicle title, 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; and
(ii) 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 vehicle manufacturer and/or dealer shall not require a driver to
provide any information other than what is required by paragraph (a) of
this subdivision.
4. A vehicle manufacturer and/or dealer shall notify a driver seeking
relief under subdivision two of this section, in clear and accessible
language, that such vehicle manufacturer and/or dealer may contact the
driver, or the designated representative of the driver, to confirm an
individual's access to the remote vehicle technology has been
terminated.
5. A vehicle manufacturer and/or dealer shall, absent a showing of
technological infeasibility, provide a notification inside of a vehicle
that is installed with remote vehicle technology that shows if the
remote vehicle technology is being used.
6. A vehicle manufacturer and/or dealer 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
remote vehicle technology, including, but not limited to, the
information required pursuant to paragraph (a) of subdivision three of
this section.
7. A vehicle manufacturer and/or dealer shall not charge a driver a
fee for completing a request to terminate remote vehicle technology
pursuant to this section.
8. Any vehicle manufacturer and/or dealer who fails to comply with the
requirements of this section shall be assessed a civil penalty not to
exceed five hundred dollars.
For the purposes of this section, the term "remote vehicle technology"
shall mean any technology that allows a person who is outside of a
vehicle to track the location of, or control any operation of, the
vehicle, and includes, but is 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.
2. (a) A vehicle manufacturer and/or dealer located in this state
shall, within five 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 remote vehicle technology.
(b) Upon a showing that termination of an individual's access to
remote technology is technologically infeasible, such manufacturer or
dealer shall notify a driver seeking relief of such technical
infeasibility and provide potential alternatives.
3. (a) A request by a driver that a vehicle manufacturer and/or dealer
terminate an individual's access to remote vehicle technology shall
include the following information:
(i) proof of such driver's legal possession of a vehicle manufactured
by such vehicle manufacturer or sold by such dealer. Such proof may be
established by providing a vehicle title, 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; and
(ii) 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 vehicle manufacturer and/or dealer shall not require a driver to
provide any information other than what is required by paragraph (a) of
this subdivision.
4. A vehicle manufacturer and/or dealer shall notify a driver seeking
relief under subdivision two of this section, in clear and accessible
language, that such vehicle manufacturer and/or dealer may contact the
driver, or the designated representative of the driver, to confirm an
individual's access to the remote vehicle technology has been
terminated.
5. A vehicle manufacturer and/or dealer shall, absent a showing of
technological infeasibility, provide a notification inside of a vehicle
that is installed with remote vehicle technology that shows if the
remote vehicle technology is being used.
6. A vehicle manufacturer and/or dealer 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
remote vehicle technology, including, but not limited to, the
information required pursuant to paragraph (a) of subdivision three of
this section.
7. A vehicle manufacturer and/or dealer shall not charge a driver a
fee for completing a request to terminate remote vehicle technology
pursuant to this section.
8. Any vehicle manufacturer and/or dealer who fails to comply with the
requirements of this section shall be assessed a civil penalty not to
exceed five hundred dollars.