S04397 Summary:

BILL NOS04397
 
SAME ASSAME AS A05004
 
SPONSORCOMRIE
 
COSPNSR
 
MLTSPNSR
 
Amd §2336, add §5110, Ins L; amd §§301 & 375, add §322, V & T L; add §4552, 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; provides for the introduction as evidence of dashboard camera images into evidence in civil and criminal proceedings.
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S04397 Actions:

BILL NOS04397
 
02/04/2025REFERRED TO INSURANCE
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S04397 Committee Votes:

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S04397 Floor Votes:

There are no votes for this bill in this legislative session.
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S04397 Memo:

Memo not available
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S04397 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4397
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2025
                                       ___________
 
        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:
 
     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-eight 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 their automobile is equipped with an operat-
    19  ing dashboard camera or the dashboard camera is no longer  in  operating
    20  condition while the automobile is being operated, the insurer may impose
    21  a civil penalty upon such insured equal to the premium reduction granted
    22  for  the  dashboard camera for one year or for the period such reduction
    23  was wrongfully granted, whichever  shall  be  shorter.  Furthermore,  an
    24  insurer  may  thereafter  deny  the  provision of such premium reduction
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05819-01-5

        S. 4397                             2
 
     1  regardless of whether a suitable dashboard camera is  installed  in  the
     2  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 their duty to maintain the dashboard camera
     8  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,  such  inspector  shall  determine whether the dashboard camera
    27  complies with the rules and regulations of the commissioner  promulgated
    28  pursuant  to  subdivision  fifty-eight of section three hundred seventy-
    29  five of this title and whether such camera  is  in  operating  condition
    30  while the motor 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 58 to read as follows:
    51    58.  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  such  commissioner as
    55  conforming to the specifications and requirements established  for  such
    56  cameras.

        S. 4397                             3
 
     1    §  6.  The  civil  practice  law  and rules is amended by adding a new
     2  section 4552 to read as follows:
     3    §  4552.  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.
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