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Assembly Bill A8289

2015-2016 Legislative Session

Relates to negligence in use or operation of vehicle attributable to owner

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Archive: Last Bill Status - In Assembly Committee

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2015-A8289 (ACTIVE) - Details

See Senate Version of this Bill:
S5992
Current Committee:
Assembly Codes
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง388, V & T L

2015-A8289 (ACTIVE) - Summary

Relates to negligence in use or operation of vehicle attributable to owner; provides that there shall be no liability for cars loaned by dealers without a fee.

2015-A8289 (ACTIVE) - Bill Text download pdf 

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

                                  8289

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2015
                               ___________

Introduced  by  M. of A. GANTT -- (at request of the Department of Motor
  Vehicles) -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  negligence
  in the operation of a motor vehicle which is attributable to an owner

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

  Section 1. Section 388 of the vehicle and traffic law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  (A)  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION, AN OWNER OF A
MOTOR VEHICLE, OR AN AFFILIATE OF THE OWNER, THAT LOANS THE MOTOR  VEHI-
CLE  TO  A PERSON, WITHOUT A FEE, SHALL NOT BE LIABLE OR RESPONSIBLE FOR
DEATH OR INJURY TO PERSONS OR PROPERTY THAT RESULTS OR ARISES OUT OF THE
USE, OPERATION OR POSSESSION OF THE VEHICLE DURING  THE  PERIOD  OF  THE
LOAN, IF:
  (1) THE OWNER, OR THE AFFILIATE OF THE OWNER, IS A NEW CAR DEALER;
  (2)  THERE  IS NO NEGLIGENCE OR CRIMINAL WRONGDOING ON THE PART OF THE
OWNER OR AN AFFILIATE OF THE OWNER; AND
  (3) THE MOTOR VEHICLE HAS BEEN LOANED OUT BY THE NEW CAR DEALER  TO  A
CUSTOMER  OF  THE  NEW  CAR  DEALER, WITHOUT A FEE, WHILE THE CUSTOMER'S
MOTOR VEHICLE IS BEING SERVICED OR REPAIRED BY THE NEW CAR DEALER.
  (B) IN THIS SUBDIVISION:
  (1) "AFFILIATE" MEANS A PERSON OTHER THAN THE OWNER  WHO  DIRECTLY  OR
INDIRECTLY  CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH,
THE OWNER. AS USED IN THIS SUBPARAGRAPH, THE TERM  "CONTROL"  MEANS  THE
POWER  TO DIRECT THE MANAGEMENT AND POLICIES OF A PERSON WHETHER THROUGH
OWNERSHIP OF VOTING SECURITIES OR OTHERWISE.
  (2) "NEW CAR DEALER" SHALL HAVE THE MEANING ASCRIBED BY PARAGRAPH F OF
SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTEEN OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11482-01-5

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