S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8187
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to allowing an
   operator of a motor vehicle to  display  or  provide  such  operator's
   certificate of registration in electronic form

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 401 of  the  vehicle  and  traffic
 law,  as  amended by chapter 132 of the laws of 1986, is amended to read
 as follows:
   4. Carrying certificate of registration.  (A)  Any  magistrate,  motor
 vehicle  inspector, peace officer, acting pursuant to his OR HER special
 duties, or police officer may request that the  operator  of  any  motor
 vehicle  produce for inspection the certificate of registration for such
 vehicle and such operator shall furnish to such  magistrate,  inspector,
 peace  officer or police officer any information necessary for the iden-
 tification of such vehicle and its owner, and all  information  required
 concerning  his  OR  HER license to operate, if he OR SHE is required by
 law to have such a license, and shall, if required, sign his OR HER name
 in the presence of such magistrate, inspector, peace officer  or  police
 officer  as  a  further  means  of  identification.  The production of a
 license to a magistrate, inspector,  peace  officer  or  police  officer
 shall  be  prima  facie evidence in a prosecution for a violation of any
 provision of this chapter, other than section three  hundred  ninety-two
 of  this  chapter,  that  the  person who so produced the license is the
 person identified on such license. Provided, however, that a photostatic
 copy of the certificate of registration may be produced in lieu  of  the
 original  certificate.    PROVIDED,  FURTHER,  THAT  SUCH CERTIFICATE OF
 REGISTRATION MAY BE DISPLAYED OR PROVIDED IN EITHER PAPER OR  ELECTRONIC
 FORM.  FOR  THE  PURPOSES  OF  THIS SECTION, "ELECTRONIC FORM" MEANS THE
 DISPLAY OF IMAGES ON AN ELECTRONIC DEVICE, SUCH AS A CELLULAR TELEPHONE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11839-01-1

 A. 8187                             2
 
 TABLET, OR COMPUTER. THE USE OF A CELLULAR TELEPHONE, TABLET,  COMPUTER,
 OR  ANY OTHER ELECTRONIC DEVICE TO DISPLAY SUCH CERTIFICATE OF REGISTRA-
 TION SHALL NOT  CONSTITUTE  CONSENT  FOR  A  MAGISTRATE,  MOTOR  VEHICLE
 INSPECTOR,  PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES,
 OR POLICE OFFICER TO ACCESS ANY OTHER CONTENTS ON  SUCH  CELLULAR  TELE-
 PHONE,  TABLET,  COMPUTER  OR OTHER ELECTRONIC DEVICE.   ANY MAGISTRATE,
 MOTOR VEHICLE INSPECTOR, PEACE OFFICER, ACTING PURSUANT TO  HIS  OR  HER
 SPECIAL  DUTIES,  OR  POLICE OFFICER PRESENTED WITH AN ELECTRONIC DEVICE
 PURSUANT TO THIS SUBDIVISION SHALL BE IMMUNE FROM ANY LIABILITY  RESULT-
 ING  FROM  DAMAGE  TO  THE  DEVICE. If a vehicle does not have affixed a
 validating sticker which indicates the plate number, the  vehicle  iden-
 tification number and the expiration date of the registration, the fail-
 ure to produce the certificate of registration, or a photostatic copy of
 such  certificate,  OR  AN ELECTRONIC FORM OF SUCH CERTIFICATE, shall be
 presumptive evidence of operating a motor vehicle or  trailer  which  is
 not registered as required by this article.
   (B)  THE  COMMISSIONER SHALL PROMULGATE SUCH REGULATIONS AS ARE NECES-
 SARY TO EFFECTUATE THE  PROVISIONS  OF  THIS  SUBDIVISION,  WHICH  SHALL
 INCLUDE  BUT  NOT BE LIMITED TO PROVIDING FOR AN ELECTRONIC FORM FOR THE
 DISPLAY OF REGISTRATION CERTIFICATES PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.