NY State Senate Bill 2019-S1822

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 16, 2019	referred to transportation

2019-S1822 (ACTIVE) - Details

See Assembly Version of this Bill:: A3406
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §389, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7360, A7243
2021-2022: S4590, A2046
2023-2024: S4106

2019-S1822 (ACTIVE) - Summary

Imposes strict liability on manufacturers, owners, and operators of unmanned motor vehicles.

2019-S1822 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1822

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to imposing
strict liability on manufacturers, owners, and operators of unmanned
motor vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would hold manufacturers, owners and operators of
unmanned motor vehicles, including unmanned aircraft systems (commonly
known as drones), strictly responsible for death or injuries sustained
to a person or property as a result of the use or operation of such
vehicle in the State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the vehicle and traffic law by adding a new
section 389 to provide:

1. Strict liability for manufacturers, owners, and operators of unmanned
motor vehicles used or operated in the state for death or injuries to
person or property resulting from the use or operation of such vehicle
in the state.

2. As used in this section, "unmanned motor vehicle" means a "motor
vehicle" as defined in section 125 of this chapter, except fire and
police vehicles, "semitrailer" and "trailer" as defined in article 1 of
this chapter, and all flying vehicles, whether or not such vehicles are
used or operated on a public highway, that does not carry a human opera-
tor.

3. As used in this section, "owner" shall be as defined in section 128
of this chapter and liability shall be joint and several. A secured
party, who has a security interest in any vehicle not in 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 the manufacturing or producing of
unmanned motor vehicles.

5. As used in this section, "operator" shall be defined as any person
who has control over the unmanned motor vehicle.

Section 2 is the effective date.

 
JUSTIFICATION:

Unmanned vehicles and self-driving cars have captured the public's
attention and prototypes are being developed by many of the major car
companies. Unmanned aircraft systems, often referred to as drones, are
already used in commerce and for recreational purposes.

Despite the many advantages that this innovative technology may provide,
there will undoubtedly still be accidents that occur. This legislation
will protect individuals harmed by unmanned motor vehicles, including
drones, by holding manufacturers, owners, and operators strictly liable
for deaths, personal injuries and property damages caused by these vehi-
cles while being operated in the State.

 
LEGISLATIVE HISTORY:

2018: S.7360 - Referred to Transportation / A.7243 - Referred to Trans-
portation

2017: A.7243 - Referred to Transportation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law.

2019-S1822 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1822
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05193-01-9

 S. 1822                             2
 
 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,
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1822

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S1822 (ACTIVE) - Details

2019-S1822 (ACTIVE) - Summary

2019-S1822 (ACTIVE) - Sponsor Memo

2019-S1822 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1822

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S1822 (ACTIVE) - Details

2019-S1822 (ACTIVE) - Summary

2019-S1822 (ACTIVE) - Sponsor Memo

2019-S1822 (ACTIVE) - Bill Text download pdf

Comments