Assembly Bill A5547

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5547

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by M. of A. HIKIND, BORELLI, TITONE, CORWIN, MOSLEY, CRESPO,
  SKOUFIS,  COOK,  SALADINO,  PICHARDO,  WALTER,  DINOWITZ,   MONTESANO,
  SEPULVEDA, FINCH, ARROYO, SKARTADOS, PEOPLES-STOKES -- Multi-Sponsored
  by  -- M. of A. ABBATE, BARCLAY, BLANKENBUSH, BRABENEC, DAVILA, GALEF,
  GOTTFRIED, LUPINACCI, McLAUGHLIN,  STECK,  WALKER  --  read  once  and
  referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the production of proof of insurance by the use of  electronic  trans-
  mission to portable electronic devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 of section 312 of the  vehi-
cle  and  traffic law, as amended by chapter 557 of the laws of 1994, is
amended to read as follows:
  (b) (1) The owner of such motor vehicle shall maintain proof of finan-
cial security continuously throughout the registration  period  and  his
failure  to  produce proof of financial security when requested to do so
upon demand of a magistrate, motor  vehicle  inspector,  peace  officer,
acting  pursuant  to  his  special duties, or police officer, while such
vehicle is being operated upon the public highway, shall be  presumptive
evidence of operating a motor vehicle without proof of financial securi-
ty.  Upon the production of proof of financial security such presumption
is removed.  Production of proof of financial security may  be  made  by
mailing  such  proof to the court having jurisdiction in the matter, and
any  necessary  response  by  such  court  or  acknowledgement  of   the
production  of  such proof may also be made by mail. When insurance with
respect to any motor vehicle, other than a motorcycle, is terminated the
owner shall surrender forthwith his registration certificate and  number
plates  of  the  vehicle  to  the commissioner unless proof of financial
security otherwise is maintained in compliance with this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00671-01-5

              

A. 5547                             2

  (2) PROOF OF FINANCIAL SECURITY MAY BE ESTABLISHED BY MEANS OF  TRANS-
MISSION  OF  AN  ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD TO THE
OWNER'S OR OPERATOR'S SMART PHONE OR OTHER  PORTABLE  ELECTRONIC  DEVICE
PROVIDED THAT:
  (A)  SUCH PROOF OF FINANCIAL SECURITY IS TRANSMITTED DIRECTLY FROM THE
OWNER'S INSURANCE COMPANY OR FROM THE OWNER'S LICENSED INSURANCE  BROKER
OR  AGENT  TO  THE OWNER'S OR OPERATOR'S SMART PHONE OR OTHER ELECTRONIC
DEVICE; AND
  (B)  THE  ELECTRONIC  TRANSMISSION  OF  PROOF  OF  FINANCIAL  SECURITY
CONTAINS ALL INFORMATION REQUIRED BY THIS CHAPTER AND ANY RULES OR REGU-
LATIONS PROMULGATED BY THE COMMISSIONER.
  (3)  AN  OFFICER  OR AGENT WHO VIEWS THE TRANSMISSION OF AN ELECTRONIC
VERSION OF THE OWNER'S INSURANCE CARD ON THE OWNER'S OR OPERATOR'S SMART
PHONE OR OTHER PORTABLE ELECTRONIC DEVICE SHALL BE PROHIBITED FROM VIEW-
ING ANY OTHER CONTENT ON THE SMART PHONE OR  OTHER  PORTABLE  ELECTRONIC
DEVICE.
  (4)  ANY  PERSON  WHO PRESENTS PROOF OF FINANCIAL SECURITY BY MEANS OF
TRANSMISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE  CARD  ON
THE  OWNER'S  OR  OPERATOR'S  SMART  PHONE  OR OTHER PORTABLE ELECTRONIC
DEVICE SHALL ASSUME ALL LIABILITY FOR ANY DAMAGE TO THE SMART  PHONE  OR
OTHER PORTABLE ELECTRONIC DEVICE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.