Amd §2336, add §5110, Ins L; amd §§301 & 375, add §322, V & T L; add §4549, CPLR; add §60.80, CP L
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; and provides for the introduction as evidence of dashboard camera images into evidence in civil and criminal proceedings.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10392
SPONSOR: Hyndman 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 in 2014. There is good reason to believe that dashboard cameras
could play an important role in solving these crimes; while investi-
gators 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 nearby.
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:
New Bill
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.
