S T A T E O F N E W Y O R K
________________________________________________________________________
8187
2021-2022 Regular Sessions
I N A S S E M B L Y
August 25, 2021
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing an
operator of a motor vehicle to display or provide such operator's
certificate of registration in electronic form
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 401 of the vehicle and traffic
law, as amended by chapter 132 of the laws of 1986, is amended to read
as follows:
4. Carrying certificate of registration. (A) Any magistrate, motor
vehicle inspector, peace officer, acting pursuant to his OR HER special
duties, or police officer may request that the operator of any motor
vehicle produce for inspection the certificate of registration for such
vehicle and such operator shall furnish to such magistrate, inspector,
peace officer or police officer any information necessary for the iden-
tification of such vehicle and its owner, and all information required
concerning his OR HER license to operate, if he OR SHE is required by
law to have such a license, and shall, if required, sign his OR HER name
in the presence of such magistrate, inspector, peace officer or police
officer as a further means of identification. The production of a
license to a magistrate, inspector, peace officer or police officer
shall be prima facie evidence in a prosecution for a violation of any
provision of this chapter, other than section three hundred ninety-two
of this chapter, that the person who so produced the license is the
person identified on such license. Provided, however, that a photostatic
copy of the certificate of registration may be produced in lieu of the
original certificate. PROVIDED, FURTHER, THAT SUCH CERTIFICATE OF
REGISTRATION MAY BE DISPLAYED OR PROVIDED IN EITHER PAPER OR ELECTRONIC
FORM. FOR THE PURPOSES OF THIS SECTION, "ELECTRONIC FORM" MEANS THE
DISPLAY OF IMAGES ON AN ELECTRONIC DEVICE, SUCH AS A CELLULAR TELEPHONE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11839-01-1
A. 8187 2
TABLET, OR COMPUTER. THE USE OF A CELLULAR TELEPHONE, TABLET, COMPUTER,
OR ANY OTHER ELECTRONIC DEVICE TO DISPLAY SUCH CERTIFICATE OF REGISTRA-
TION SHALL NOT CONSTITUTE CONSENT FOR A MAGISTRATE, MOTOR VEHICLE
INSPECTOR, PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES,
OR POLICE OFFICER TO ACCESS ANY OTHER CONTENTS ON SUCH CELLULAR TELE-
PHONE, TABLET, COMPUTER OR OTHER ELECTRONIC DEVICE. ANY MAGISTRATE,
MOTOR VEHICLE INSPECTOR, PEACE OFFICER, ACTING PURSUANT TO HIS OR HER
SPECIAL DUTIES, OR POLICE OFFICER PRESENTED WITH AN ELECTRONIC DEVICE
PURSUANT TO THIS SUBDIVISION SHALL BE IMMUNE FROM ANY LIABILITY RESULT-
ING FROM DAMAGE TO THE DEVICE. If a vehicle does not have affixed a
validating sticker which indicates the plate number, the vehicle iden-
tification number and the expiration date of the registration, the fail-
ure to produce the certificate of registration, or a photostatic copy of
such certificate, OR AN ELECTRONIC FORM OF SUCH CERTIFICATE, shall be
presumptive evidence of operating a motor vehicle or trailer which is
not registered as required by this article.
(B) THE COMMISSIONER SHALL PROMULGATE SUCH REGULATIONS AS ARE NECES-
SARY TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO PROVIDING FOR AN ELECTRONIC FORM FOR THE
DISPLAY OF REGISTRATION CERTIFICATES PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.