The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2673
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 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-FIVE 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.

                                                            LBD06748-01-1

 A. 2673                             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-FIVE 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 55 to read as follows:
   55. 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. 2673                             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.