S T A T E O F N E W Y O R K
________________________________________________________________________
9081
I N A S S E M B L Y
January 18, 2018
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to motor vehicle liabil-
ity insurance rate surcharges for traffic violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York spare me a raise on my automobile insurance act".
§ 2. Section 2335 of the insurance law, as amended by chapter 277 of
the laws of 2010, is amended to read as follows:
§ 2335. Motor vehicle liability insurance rates; prohibition of
surcharges for certain accidents and traffic infractions. No insurer
authorized to transact or transacting business in this state, or
controlling or controlled by or under common control by or with an
insurer authorized to transact or transacting business in this state,
which sells a policy providing motor vehicle liability insurance cover-
age in this state shall increase the policy premium in connection with
the insurance permitted or required by this chapter solely because the
insured or any other person who customarily operates an automobile
covered by the policy:
(a) has had an accident that does not result in aggregate damage to
property in excess of two thousand dollars, provided that any policy
surcharge shall be permissible for any accident which results in bodily
injury or if the insured has more than one accident in the merit rating
experience period. Nothing in this subsection shall change the dollar
amount of the accident reporting threshold required under paragraph one
of subdivision (a) of section six hundred five of the vehicle and traf-
fic law[.];
(b) has been found guilty of a traffic infraction under any of the
provisions of the vehicle and traffic law provided, however, that this
provision shall not apply to a conviction OR CONVICTIONS for TWO OR MORE
MOVING VIOLATIONS OR a NON-MOVING violation which occurred during the
thirty-six month period ending on the last day of the fourth month
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05780-03-7
A. 9081 2
preceding the month of the effective date of the policy if such
conviction OR CONVICTIONS consisted of:
(1) operating a motor vehicle at a speed of more than fifteen miles
per hour in excess of the legal limit;
(2) operating a motor vehicle in excess of the speed limit, or in a
reckless manner, where injury or death results therefrom;
(3) operating a motor vehicle in excess of the speed limit, or reck-
less driving, or any combination thereof, on three or more occasions;
(4) operating a motor vehicle while intoxicated or impaired by the
consumption of alcohol;
(5) operating a motor vehicle while impaired by the use of a drug,
within the meaning of section one thousand one hundred ninety-two of the
vehicle and traffic law;
(6) homicide or assault arising out of the use or operation of a motor
vehicle, or criminal negligence in the use or operation of a motor vehi-
cle resulting in the injury or death of another person, or use or opera-
tion of a motor vehicle directly or indirectly in the commission of a
felony;
(7) operating a motor vehicle while seeking to avoid apprehension or
arrest by a law enforcement officer;
(8) filing or attempting to file a false or fraudulent automobile
insurance claim, or knowingly aiding or abetting in the filing or
attempted filing of any such claim;
(9) leaving the scene of an incident without reporting;
(10) filing a false document with the department of motor vehicles, or
using a license or registration obtained by filing a false document with
the department of motor vehicles;
(11) operating a motor vehicle in a race or speed test;
(12) knowingly permitting or authorizing an unlicensed driver to oper-
ate a motor vehicle insured under the policy;
(13) operating a motor vehicle insured under the policy without a
valid license or registration in effect, except when the person
convicted had possessed a valid license or registration which had
expired and was subsequently renewed, or during a period of revocation
or suspension thereof, or in violation of the limitations applicable to
a license issued pursuant to article twenty-one or article twenty-one-a
of the vehicle and traffic law; or
(14) [two or more] ANY moving violations of any other provision of the
vehicle and traffic law;
(c) has had a temporary suspension of a driver's license pending a
hearing, prosecution or investigation or an indefinite suspension of a
driver's license which is issued because of the failure of the person
suspended to perform an act, which suspension will be terminated by the
performance of the act by the person suspended, or has had more than one
such temporary or indefinite suspension arising out of the same incident
issued against him or her, provided that the foregoing provisions of
this section shall not apply if such suspension or suspensions has or
have not been terminated on or before the effective date of the policy;
or
(d) with respect to a non-commercial private passenger automobile
insurance policy, has had an accident while operating a commercial vehi-
cle in the course of employment and in the discharge of the employee's
duties at the time of the accident, unless the accident is determined to
have been caused by the intentional action or gross negligence of the
insured.
A. 9081 3
§ 3. This act shall take effect immediately, provided, however, that
the amendments to section 2335 of the insurance law made by section two
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith; and provided, further, that this act shall
only apply to policies entered into, modified, or renewed on or after
such effective date.