S T A T E O F N E W Y O R K
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5132
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
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Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, the vehicle and traffic law, the
civil practice law and rules, and the criminal procedure law, in
relation to dashboard cameras
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2336 of the insurance law is amended by adding a
new subsection (i) to read as follows:
(I) (1) ANY SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL PRIVATE PASSEN-
GER INSURANCE SHALL PROVIDE FOR A FIVE PERCENT REDUCTION IN PREMIUM
CHARGES FOR BODILY INJURY LIABILITY, PROPERTY DAMAGE LIABILITY, PERSONAL
INJURY PROTECTION, MEDICAL PAYMENTS AND COLLISION COVERAGE WITH RESPECT
TO AUTOMOBILES EQUIPPED WITH AN OPERATING DASHBOARD CAMERA THAT COMPLIES
WITH THE RULES AND REGULATIONS OF THE COMMISSIONER OF MOTOR VEHICLES
PROMULGATED PURSUANT TO SUBDIVISION FIFTY-THREE OF SECTION THREE HUNDRED
SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW. EACH INSURER MAY ESTABLISH
SUCH REQUIREMENTS AS IT SHALL DEEM NECESSARY FOR THE SUBMISSION OF PROOF
AND CERTIFICATION THAT SUCH A DASHBOARD CAMERA HAS BEEN INSTALLED IN THE
INSURED AUTOMOBILE AND THAT SUCH CAMERA IS IN OPERATING CONDITION. THE
SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER OF MOTOR
VEHICLES, PROMULGATE RULES AND REGULATIONS.
(2) IN ANY INSTANCE IN WHICH AN INSURED IS RECEIVING THE PREMIUM
REDUCTION PROVIDED IN PARAGRAPH ONE OF THIS SUBSECTION AND THE INSURED
HAS FALSELY CERTIFIED THAT HIS OR HER AUTOMOBILE IS EQUIPPED WITH AN
OPERATING DASHBOARD CAMERA OR THE DASHBOARD CAMERA IS NO LONGER IN OPER-
ATING CONDITION WHILE THE AUTOMOBILE IS BEING OPERATED, THE INSURER MAY
IMPOSE A CIVIL PENALTY UPON SUCH INSURED EQUAL TO THE PREMIUM REDUCTION
GRANTED FOR THE DASHBOARD CAMERA FOR ONE YEAR OR FOR THE PERIOD SUCH
REDUCTION WAS WRONGFULLY GRANTED, WHICHEVER SHALL BE SHORTER. FURTHER-
MORE, AN INSURER MAY THEREAFTER DENY THE PROVISION OF SUCH PREMIUM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06202-02-9
A. 5132 2
REDUCTION REGARDLESS OF WHETHER A SUITABLE DASHBOARD CAMERA IS INSTALLED
IN THE AUTOMOBILE IN THE FUTURE.
(3) EVERY INSURER SHALL INCLUDE IN EACH CERTIFICATION COMPLETED BY AN
INSURED PURSUANT TO THIS SUBSECTION, A STATEMENT OF THE IMPOSITION OF
THE CIVIL PENALTY AUTHORIZED BY PARAGRAPH TWO OF THIS SUBSECTION IN THE
EVENT SUCH CERTIFICATION IS FALSE. IN ADDITION EACH SUCH CERTIFICATION
SHALL INFORM THE INSURED OF HIS OR HER DUTY TO MAINTAIN THE DASHBOARD
CAMERA IN WORKING CONDITION AT ALL TIMES.
§ 2. The insurance law is amended by adding a new section 5110 to read
as follows:
§ 5110. REVIEW OF DASHBOARD CAMERA IMAGES. (A) EVERY INSURER IN THE
SETTLEMENT OF ANY CLAIM INVOLVING A MOTOR VEHICLE OR MOTOR VEHICLES,
SHALL REVIEW ANY AVAILABLE IMAGES FROM A DASHBOARD CAMERA OR DASHBOARD
CAMERAS INSTALLED IN ANY OF THE VEHICLES TO WHICH SUCH CLAIM RELATES.
THEREAFTER, EACH SUCH INSURER SHALL SUBMIT CERTIFICATION OF SUCH REVIEW
TO THE SUPERINTENDENT.
(B) THE IMAGES FROM A DASHBOARD CAMERA SHALL BE CONSIDERED BASED ON
THE TOTALITY OF THE CIRCUMSTANCES OF A CLAIM, AND SUCH IMAGES SHALL NOT
BE DEEMED TO BE DISPOSITIVE, BUT SHALL BE CONSIDERED AS ANY OTHER
EVIDENCE RELATING TO A CLAIM.
§ 3. Subdivision (c) of section 301 of the vehicle and traffic law is
amended by adding a new paragraph 4 to read as follows:
(4)(I) DURING THE COURSE OF EACH SAFETY INSPECTION, A CERTIFIED
INSPECTOR SHALL DETERMINE WHETHER A DASHBOARD CAMERA IS INSTALLED IN THE
MOTOR VEHICLE. IN THE EVENT THAT SUCH A CAMERA IS INSTALLED IN A MOTOR
VEHICLE, HE OR SHE SHALL DETERMINE WHETHER THE DASHBOARD CAMERA COMPLIES
WITH THE RULES AND REGULATIONS OF THE COMMISSIONER PROMULGATED PURSUANT
TO SUBDIVISION FIFTY-THREE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
TITLE AND WHETHER SUCH CAMERA IS IN OPERATING CONDITION WHILE THE MOTOR
VEHICLE IS BEING OPERATED.
(II) IN THE EVENT A MOTOR VEHICLE DOES NOT HAVE A DASHBOARD CAMERA,
HAS A CAMERA WHICH DOES NOT COMPLY WITH THE RULES OF THE COMMISSIONER,
OR SUCH CAMERA IS NOT IN OPERATING CONDITION, THE CERTIFIED INSPECTOR
SHALL INCLUDE A NOTATION, THAT THE MOTOR VEHICLE DOES NOT HAVE AN OPER-
ATING DASHBOARD CAMERA, UPON THE CERTIFICATE OF INSPECTION PROVIDED TO
THE OWNER AND THE DEPARTMENT.
(III) IN THE EVENT A MOTOR VEHICLE HAS AN OPERATING DASHBOARD CAMERA,
WHICH COMPLIES WITH THE RULES AND REGULATIONS OF THE COMMISSIONER, THE
CERTIFIED INSPECTOR SHALL ISSUE A CERTIFICATION THEREOF TO THE OWNER AND
THE DEPARTMENT.
§ 4. The vehicle and traffic law is amended by adding a new section
322 to read as follows:
§ 322. DASHBOARD CAMERA RECORDS. UPON THE REQUEST OF ANY INSURER ISSU-
ING OWNER'S POLICIES OF LIABILITY INSURANCE, THE COMMISSIONER SHALL
FORWARD TO SUCH INSURER A COPY OF ANY REPORT, RELATING TO A DASHBOARD
CAMERA INSTALLED IN A MOTOR VEHICLE INSURED BY THE INSURER, WHICH THE
COMMISSIONER POSSESSES PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION (C) OF
SECTION THREE HUNDRED ONE OF THIS TITLE.
§ 5. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 53 to read as follows:
53. DASHBOARD CAMERAS. THE COMMISSIONER SHALL, BY RULES AND REGU-
LATIONS, ESTABLISH STANDARDS FOR THE SIZE, LOCATION AND USE OF DASHBOARD
CAMERAS INSTALLED IN MOTOR VEHICLES. THE COMMISSIONER MAY MAINTAIN A
LIST OF THOSE DASHBOARD CAMERAS APPROVED BY HIM OR HER AS CONFORMING TO
THE SPECIFICATIONS AND REQUIREMENTS ESTABLISHED FOR SUCH CAMERAS.
A. 5132 3
§ 6. The civil practice law and rules is amended by adding a new
section 4549 to read as follows:
§ 4549. DASHBOARD CAMERA IMAGES. ANY IMAGE OR IMAGES PRODUCED BY A
DASHBOARD CAMERA SHALL BE ADMISSIBLE AS PROOF OF THE OCCURRENCE OR EVENT
DEPICTED IN SUCH IMAGE OR IMAGES.
§ 7. The criminal procedure law is amended by adding a new section
60.80 to read as follows:
§ 60.80 DASHBOARD CAMERA IMAGES.
ANY IMAGE OR IMAGES PRODUCED BY A DASHBOARD CAMERA SHALL BE ADMISSIBLE
AS PROOF OF THE OCCURRENCE OR EVENT DEPICTED IN SUCH IMAGE OR IMAGES.
§ 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and section one of this
act shall apply to all policies issued, renewed, modified, altered or
amended on or after such date. Effective immediately, any and all rules
and regulations and any other measures necessary to implement the
provisions of this act on its effective date are authorized to be
completed on or before such date.