NY State Senate Bill 2023-S7835

Senate Bill S7835

2023-2024 Legislative Session

Requires motor vehicles sold, licensed or registered in the state to be equipped with an immobilizer

download bill text pdf

Current 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 03, 2024	referred to transportation
Dec 22, 2023	referred to rules

2023-S7835 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

2023-S7835 (ACTIVE) - Summary

Requires motor vehicles sold, licensed or registered in the state to be equipped with an immobilizer; establishes certain criteria such immobilizer shall meet.

2023-S7835 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7835

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
motor vehicles sold, licensed or registered in the state to be equipped
with an immobilizer

 
PURPOSE OR GENERAL IDEA OF BILL:

Amends the Vehicle and Traffic law to require manufacturers to install
and equip vehicles sold, licensed, or registered in the State of NY with
an immobilizer system to deter car thieves.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subsection 55 to Section 375 of the VAT law to
require anti-theft immobilizers to be equipped in all vehicles sold,
licensed, or registered in the State of New York.

Section 2 is the effective date.

 
JUSTIFICATION:

Research shows that vehicles without an anti-theft electronic immobiliz-
er system are at much greater risk of being stolen.  Immobilizers are
electronic anti-theft devices used by many manufacturers that prevent
vehicles from starting without the owner's unique key or smart key fob
present. Despite the clear value of this anti-theft device, some vehicle
manufacturers still do not equip immobilizers on their vehicles as
factory installments.

However, a recent viral social media trend has shown immobilizers to be
just as critical to modern car safety as a traditional door lock.  The
viral trend highlights how cars without immobilizers, particularly Hyun-
dais and Kias produced between 2001 and 2021, are vulnerable to being
easily hotwired using only a common USB cable.

As a result of this trend, thefts of these models rose considerably as
thieves brazenly documented on social media driving stolen vehicles,
many without valid driver licenses, for joy rides or street racing,
often resulting in crashes, injuries, and the destruction of property.

Crime statistics for 2023 alone have shown that auto thefts overall in
New York City have increased by 19% and are up 350% compared to mid-2019
data, which the N.Y.P.D. attributes in large part to social media-in-
spired car theft trend copycats. Similar trends have occurred across New
York State, including Rochester, where vehicle thefts rose 345% in the
first seven months of 2023, the largest increase in the nation. The
Nassau County Police Department also reported a nearly 72.5% increase in
auto thefts for 2022 compared to 2021.

Owners of these vehicles have even been denied insurance coverage by
some insurance companies because their vehicles are more likely to be
stolen. For those who actually can get insurance, the heightened risk of
car theft for their vehicle without an immobilizer contributes to higher
insurance prices, especially in communities with higher rates of car
thefts.
There is precedence for legislating requirements for the installation of
vehicle engine immobilizers. The European Union has required immobiliz-
ers for all cars sold in the E.U. since 1998. Also, Canada has a nation-
wide immobilizer requirement to combat car thefts, titled Standard 114,
enacted in 2007, which mandates all vehicles be equipped with factory-
installed immobilizers. Requiring immobilizers on vehicles could help
beat back the recent dramatic spike in vehicle thefts here in New York
State.

In addition to New York State initiatives like the Comprehensive Auto-
Theft Reduction Strategy, a statewide mandate for vehicle immobilizers
would further mitigate vehicle thefts and property damage by rendering
it illegal for all motor vehicles to be sold, licensed, or registered in
the State of New York without an installed immobilizer to deter thieves
and prevent property loss.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

2023-S7835 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7835
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 22, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   motor  vehicles  sold,  licensed  or  registered  in  the  state to be
   equipped with an immobilizer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  375 of the vehicle and traffic law is amended by
 adding a new subdivision 55 to read as follows:
   55. IMMOBILIZER REQUIRED. (A) ANY  MOTOR  VEHICLE  SOLD,  LICENSED  OR
 REGISTERED IN THE STATE SHALL BE EQUIPPED WITH AN IMMOBILIZER.
   (B) SUCH IMMOBILIZER SHALL MEET THE FOLLOWING CRITERIA:
   (1) SUCH IMMOBILIZER SYSTEM SHALL ARM AUTOMATICALLY WITHIN A PERIOD OF
 NOT  MORE THAN ONE MINUTE AFTER THE DISARMING DEVICE IS REMOVED FROM THE
 VEHICLE, IF THE VEHICLE REMAINS IN A MODE OF OPERATION OTHER THAN ACCES-
 SORY MODE OR ON THROUGHOUT THAT PERIOD;
   (2) IF THE DISARMING DEVICE IS A KEYPAD OR BIOMETRIC IDENTIFIER,  SUCH
 IMMOBILIZER  SYSTEM  SHALL ARM AUTOMATICALLY WITHIN A PERIOD OF NOT MORE
 THAN ONE MINUTE AFTER THE MOTORS USED FOR THE VEHICLE'S  PROPULSION  ARE
 TURNED  OFF,  IF  THE  VEHICLE REMAINS IN A MODE OF OPERATION OTHER THAN
 ACCESSORY MODE OR ON THROUGHOUT THAT PERIOD;
   (3) SUCH IMMOBILIZER SYSTEM SHALL ARM AUTOMATICALLY NOT LATER THAN TWO
 MINUTES AFTER SUCH IMMOBILIZER SYSTEM IS DISARMED, UNLESS:
   (I) ACTION IS TAKEN FOR STARTING ONE OR MORE MOTORS USED FOR THE VEHI-
 CLE'S PROPULSION;
   (II) DISARMING REQUIRES AN ACTION TO BE  TAKEN  ON  THE  ENGINE  START
 CONTROL  OR  ELECTRIC  MOTOR  START  CONTROL, THE ENGINE STOP CONTROL OR
 ELECTRIC MOTOR STOP CONTROL, OR THE IGNITION SWITCH; OR
   (III) DISARMING OCCURS AUTOMATICALLY BY THE PRESENCE  OF  A  DISARMING
 DEVICE AND THE DEVICE IS INSIDE THE VEHICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11995-01-3
 S. 7835                             2

 
   (4)  IF  ARMED, SUCH IMMOBILIZER SYSTEM SHALL PREVENT THE VEHICLE FROM
 MOVING MORE THAN 9.8 FEET UNDER ITS OWN POWER BY INHIBITING  THE  OPERA-
 TION  OF  AT  LEAST  ONE  ELECTRONIC CONTROL UNIT AND SHALL NOT HAVE ANY
 IMPACT ON THE VEHICLE'S BRAKE SYSTEM EXCEPT THAT IT MAY PREVENT REGENER-
 ATIVE BRAKING AND THE RELEASE OF THE PARKING BRAKE;
   (5) DURING THE DISARMING PROCESS, A CODE SHALL BE SENT TO THE INHIBIT-
 ED  ELECTRONIC  CONTROL UNIT IN ORDER TO ALLOW THE VEHICLE TO MOVE UNDER
 ITS OWN POWER;
   (6) IT SHALL NOT BE POSSIBLE TO  DISARM  SUCH  IMMOBILIZER  SYSTEM  BY
 INTERRUPTING ITS NORMAL OPERATING VOLTAGE;
   (7)  WHEN  THE  NORMAL  STARTING PROCEDURE REQUIRES THAT THE DISARMING
 DEVICE MECHANICALLY LATCH INTO A RECEPTACLE AND THE DEVICE IS PHYSICALLY
 SEPARATE FROM THE IGNITION SWITCH KEY, ONE OR MORE MOTORS USED  FOR  THE
 VEHICLE'S  PROPULSION  SHALL START ONLY AFTER THE DEVICE IS REMOVED FROM
 THAT RECEPTACLE;
   (8) (I) SUCH IMMOBILIZER SYSTEM SHALL HAVE A MINIMUM CAPACITY OF FIFTY
 THOUSAND CODE VARIANTS, SHALL NOT BE DISARMED BY A CODE THAT CAN  DISARM
 ALL OTHER IMMOBILIZER SYSTEMS OF THE SAME MAKE AND MODEL; AND
   (II)  SHALL  NOT  HAVE THE CAPACITY TO PROCESS MORE THAN FIVE THOUSAND
 CODES WITHIN TWENTY-FOUR HOURS;
   (9) IF SUCH IMMOBILIZER SYSTEM USES ROLLING OR ENCRYPTED CODES, IT MAY
 CONFORM TO THE FOLLOWING CRITERIA INSTEAD OF THE  CRITERIA  SET  OUT  IN
 CLAUSE (II) OF SUBPARAGRAPH EIGHT OF THIS PARAGRAPH:
   (I)  THE  PROBABILITY OF OBTAINING THE CORRECT CODE WITHIN TWENTY-FOUR
 HOURS SHALL NOT EXCEED FOUR PERCENT; AND
   (II) IT SHALL NOT BE POSSIBLE TO DISARM SUCH SYSTEM BY RE-TRANSMITTING
 IN ANY SEQUENCE THE PREVIOUS FIVE CODES GENERATED BY THE SYSTEM;
   (10) SUCH IMMOBILIZER SYSTEM SHALL BE DESIGNED SO THAT WHEN TESTED  AS
 INSTALLED  IN THE VEHICLE NEITHER THE REPLACEMENT OF AN ORIGINAL IMMOBI-
 LIZER SYSTEM COMPONENT WITH A MANUFACTURER'S REPLACEMENT  COMPONENT  NOR
 THE  ADDITION OF A MANUFACTURER'S COMPONENT CAN BE COMPLETED WITHOUT THE
 USE OF SOFTWARE, AND IT IS NOT POSSIBLE FOR THE VEHICLE  TO  MOVE  UNDER
 ITS  OWN  POWER  FOR  AT  LEAST  FIVE MINUTES AFTER THE BEGINNING OF THE
 REPLACEMENT OR ADDITION OF A COMPONENT REFERRED TO IN  SUBPARAGRAPH  ONE
 OF THIS PARAGRAPH;
   (11)  SUCH IMMOBILIZER SYSTEM'S CONFORMITY TO SUBPARAGRAPH TEN OF THIS
 PARAGRAPH SHALL BE DEMONSTRATED BY TESTING THAT IS CARRIED  OUT  WITHOUT
 DAMAGING THE VEHICLE;
   (12) SUBPARAGRAPH TEN OF THIS PARAGRAPH DOES NOT APPLY TO THE ADDITION
 OF  A DISARMING DEVICE THAT REQUIRES THE USE OF ANOTHER DISARMING DEVICE
 THAT IS VALIDATED BY THE IMMOBILIZER SYSTEM;
   (13) SUCH IMMOBILIZER SYSTEM SHALL BE DESIGNED SO THAT IT CAN  NEITHER
 BE  BYPASSED  NOR  RENDERED  INEFFECTIVE  IN A MANNER THAT WOULD ALLOW A
 VEHICLE TO MOVE UNDER ITS OWN POWER, OR BE DISARMED, USING ONE  OR  MORE
 OF THE TOOLS AND EQUIPMENT LISTED IN SUBPARAGRAPH FOURTEEN OF THIS PARA-
 GRAPH:
   (I) WITHIN A PERIOD OF LESS THAN FIVE MINUTES WHEN TESTED AS INSTALLED
 IN THE VEHICLE; OR
   (II) WITHIN A PERIOD OF LESS THAN TWO AND ONE-HALF MINUTES WHEN BENCH-
 TESTED OUTSIDE THE VEHICLE; AND
   (14)  DURING  A  TEST  PURSUANT TO SUBPARAGRAPH THIRTEEN OF THIS PARA-
 GRAPH, ONLY THE FOLLOWING TOOLS OR EQUIPMENT MAY BE USED:
   (I) SCISSORS;
   (II) WIRE STRIPPERS;
   (III) WIRE CUTTERS AND ELECTRICAL WIRES;
   (IV) A HAMMER;
 S. 7835                             3
 
   (V) A SLIDE HAMMER;
   (VI) A CHISEL;
   (VII) A PUNCH;
   (VIII) A WRENCH;
   (IX) A SCREWDRIVER;
   (X) PLIERS;
   (XI) STEEL RODS AND SPIKES;
   (XII) A HACKSAW;
   (XIII) A BATTERY OPERATED DRILL;
   (XIV) A BATTERY OPERATED ANGLE GRINDER; AND
   (XV) A BATTERY OPERATED JIGSAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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.