Senate Bill S7360

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7360
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  imposing
   strict  liability  on manufacturers, owners, and operators of unmanned
   motor vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 389 to read as follows:
   § 389. STRICT LIABILITY FOR MANUFACTURERS, OWNERS,  AND  OPERATORS  OF
 UNMANNED  MOTOR  VEHICLES. 1. EVERY MANUFACTURER, OWNER, AND OPERATOR OF
 UNMANNED MOTOR VEHICLES USED OR OPERATED IN THIS  STATE  SHALL  BE  HELD
 STRICTLY LIABLE AND RESPONSIBLE FOR DEATH OR INJURIES TO PERSON OR PROP-
 ERTY  RESULTING FROM THE USE OR OPERATION OF SUCH VEHICLE IN THIS STATE,
 IN THE BUSINESS OF SUCH OWNER OR OTHERWISE, BY ANY PERSON USING OR OPER-
 ATING THE SAME WITH THE PERMISSION, EXPRESS OR IMPLIED, OF  SUCH  OWNER.
 WHENEVER  ANY  UNMANNED MOTOR VEHICLES SHALL BE USED IN COMBINATION WITH
 ONE ANOTHER, BY ATTACHMENT OR TOW, THE PERSON USING OR OPERATING ANY ONE
 VEHICLE SHALL, FOR THE PURPOSES OF THIS SECTION, BE DEEMED TO  BE  USING
 OR  OPERATING  EACH  VEHICLE  IN THE COMBINATION, AND THE OWNERS THEREOF
 SHALL BE JOINTLY AND SEVERALLY LIABLE HEREUNDER.
   2. AS USED IN THIS SECTION, "UNMANNED MOTOR VEHICLE"  MEANS  A  "MOTOR
 VEHICLE", AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER,
 EXCEPT  FIRE AND POLICE VEHICLES, "SEMITRAILER" AND "TRAILER" AS DEFINED
 IN ARTICLE ONE OF THIS CHAPTER, AND ALL FLYING VEHICLES, WHETHER OR  NOT
 SUCH  VEHICLES ARE USED OR OPERATED UPON A PUBLIC HIGHWAY, THAT DOES NOT
 CARRY A HUMAN OPERATOR.
   3. AS USED IN THIS SECTION, "OWNER" SHALL BE AS DEFINED IN SECTION ONE
 HUNDRED TWENTY-EIGHT OF THIS CHAPTER  AND  THEIR  LIABILITY  UNDER  THIS
 SECTION  SHALL  BE  JOINT  AND  SEVERAL.  IF  A  VEHICLE IS SOLD UNDER A
 CONTRACT OF SALE WHICH RESERVES A SECURITY INTEREST IN  THE  VEHICLE  IN
 FAVOR OF THE VENDOR, SUCH VENDOR OR HIS ASSIGNEE SHALL NOT, AFTER DELIV-
 ERY  OF  SUCH  VEHICLE, BE DEEMED AN OWNER WITHIN THE PROVISIONS OF THIS
 SECTION, BUT THE VENDEE, OR HIS ASSIGNEE, RECEIVING POSSESSION  THEREOF,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07040-02-7

 S. 7360                             2

 SHALL  BE  DEEMED SUCH OWNER NOTWITHSTANDING THE TERMS OF SUCH CONTRACT,
 UNTIL THE VENDOR OR HIS ASSIGNEE SHALL RETAKE POSSESSION OF  SUCH  VEHI-
 CLE.  A SECURED PARTY IN WHOSE FAVOR THERE IS A SECURITY INTEREST IN ANY
 VEHICLE  OUT  OF HIS POSSESSION, SHALL NOT BE DEEMED AN OWNER WITHIN THE
 PROVISIONS OF THIS SECTION.
   4. AS USED IN THIS SECTION, "MANUFACTURER" SHALL  BE  DEFINED  AS  ANY
 PERSON OR BUSINESS ENTITY ENGAGED IN MANUFACTURING OR PRODUCING UNMANNED
 MOTOR VEHICLES.
   5.  AS USED IN THIS SECTION, "OPERATOR" SHALL BE DEFINED AS ANY PERSON
 WHO HAS CONTROL OVER THE UNMANNED MOTOR VEHICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.