Bill Text: NY A04341 | 2023-2024 | General Assembly | Introduced
Bill Title: 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; provides for the certification of the installation of operating dashboard cameras during the annual motor vehicle inspection; directs the commissioner of motor vehicles to establish standards for dashboard cameras; provides for the introduction as evidence of dashboard camera images into evidence in civil and criminal proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to insurance [A04341 Detail]
Download: New_York-2023-A04341-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4341 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ 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: 1 Section 1. Section 2336 of the insurance law is amended by adding a 2 new subsection (i) to read as follows: 3 (i) (1) Any schedule or rating plan for non-commercial private passen- 4 ger insurance shall provide for a five percent reduction in premium 5 charges for bodily injury liability, property damage liability, personal 6 injury protection, medical payments and collision coverage with respect 7 to automobiles equipped with an operating dashboard camera that complies 8 with the rules and regulations of the commissioner of motor vehicles 9 promulgated pursuant to subdivision fifty-five of section three hundred 10 seventy-five of the vehicle and traffic law. Each insurer may establish 11 such requirements as it shall deem necessary for the submission of proof 12 and certification that such a dashboard camera has been installed in the 13 insured automobile and that such camera is in operating condition. The 14 superintendent shall, in consultation with the commissioner of motor 15 vehicles, promulgate rules and regulations. 16 (2) In any instance in which an insured is receiving the premium 17 reduction provided in paragraph one of this subsection and the insured 18 has falsely certified that his or her automobile is equipped with an 19 operating dashboard camera or the dashboard camera is no longer in oper- 20 ating condition while the automobile is being operated, the insurer may 21 impose a civil penalty upon such insured equal to the premium reduction 22 granted for the dashboard camera for one year or for the period such 23 reduction was wrongfully granted, whichever shall be shorter. Further- 24 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. LBD04052-01-3A. 4341 2 1 reduction regardless of whether a suitable dashboard camera is installed 2 in the automobile in the future. 3 (3) Every insurer shall include in each certification completed by an 4 insured pursuant to this subsection, a statement of the imposition of 5 the civil penalty authorized by paragraph two of this subsection in the 6 event such certification is false. In addition each such certification 7 shall inform the insured of his or her duty to maintain the dashboard 8 camera in working condition at all times. 9 § 2. The insurance law is amended by adding a new section 5110 to read 10 as follows: 11 § 5110. Review of dashboard camera images. (a) Every insurer in the 12 settlement of any claim involving a motor vehicle or motor vehicles, 13 shall review any available images from a dashboard camera or dashboard 14 cameras installed in any of the vehicles to which such claim relates. 15 Thereafter, each such insurer shall submit certification of such review 16 to the superintendent. 17 (b) The images from a dashboard camera shall be considered based on 18 the totality of the circumstances of a claim, and such images shall not 19 be deemed to be dispositive, but shall be considered as any other 20 evidence relating to a claim. 21 § 3. Subdivision (c) of section 301 of the vehicle and traffic law is 22 amended by adding a new paragraph 4 to read as follows: 23 (4)(i) During the course of each safety inspection, a certified 24 inspector shall determine whether a dashboard camera is installed in the 25 motor vehicle. In the event that such a camera is installed in a motor 26 vehicle, he or she shall determine whether the dashboard camera complies 27 with the rules and regulations of the commissioner promulgated pursuant 28 to subdivision fifty-five of section three hundred seventy-five of this 29 title and whether such camera is in operating condition while the motor 30 vehicle is being operated. 31 (ii) In the event a motor vehicle does not have a dashboard camera, 32 has a camera which does not comply with the rules of the commissioner, 33 or such camera is not in operating condition, the certified inspector 34 shall include a notation, that the motor vehicle does not have an oper- 35 ating dashboard camera, upon the certificate of inspection provided to 36 the owner and the department. 37 (iii) In the event a motor vehicle has an operating dashboard camera, 38 which complies with the rules and regulations of the commissioner, the 39 certified inspector shall issue a certification thereof to the owner and 40 the department. 41 § 4. The vehicle and traffic law is amended by adding a new section 42 322 to read as follows: 43 § 322. Dashboard camera records. Upon the request of any insurer issu- 44 ing owner's policies of liability insurance, the commissioner shall 45 forward to such insurer a copy of any report, relating to a dashboard 46 camera installed in a motor vehicle insured by the insurer, which the 47 commissioner possesses pursuant to paragraph four of subdivision (c) of 48 section three hundred one of this title. 49 § 5. Section 375 of the vehicle and traffic law is amended by adding a 50 new subdivision 55 to read as follows: 51 55. Dashboard cameras. The commissioner shall, by rules and regu- 52 lations, establish standards for the size, location and use of dashboard 53 cameras installed in motor vehicles. The commissioner may maintain a 54 list of those dashboard cameras approved by him or her as conforming to 55 the specifications and requirements established for such cameras.A. 4341 3 1 § 6. The civil practice law and rules is amended by adding a new 2 section 4550 to read as follows: 3 § 4550. Dashboard camera images. Any image or images produced by a 4 dashboard camera shall be admissible as proof of the occurrence or event 5 depicted in such image or images. 6 § 7. The criminal procedure law is amended by adding a new section 7 60.80 to read as follows: 8 § 60.80 Dashboard camera images. 9 Any image or images produced by a dashboard camera shall be admissible 10 as proof of the occurrence or event depicted in such image or images. 11 § 8. This act shall take effect on the first of January next succeed- 12 ing the date on which it shall have become a law and section one of this 13 act shall apply to all policies issued, renewed, modified, altered or 14 amended on or after such date. Effective immediately, any and all rules 15 and regulations and any other measures necessary to implement the 16 provisions of this act on its effective date are authorized to be 17 completed on or before such date.
