Senate Bill S4875

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4875
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to access to motor
   vehicle data by the owner or designee of a motor vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 198-d to read as follows:
   § 198-D. ACCESS TO MOTOR VEHICLE DATA. (A) AS USED IN THIS SECTION:
   (1)  "ACCESS  TO  MOTOR  VEHICLE DATA" MEANS DIRECT, IN-VEHICLE, REAL-
 TIME, INTELLIGIBLE AND BI-DIRECTIONAL  ACCESSIBILITY  TO  MOTOR  VEHICLE
 DATA,  INCLUDING BUT NOT LIMITED TO CONNECTED VEHICLE DATA AND ACCESS TO
 ELECTRONIC CONTROL UNITS, THROUGH A TECHNOLOGY-NEUTRAL, STANDARDS-BASED,
 CYBERSECURE INTERFACE WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, A  WIRED
 ONBOARD  DIAGNOSTICS PORT OR A WIRELESS CONNECTION; SUCH INTERFACE SHALL
 PERMIT THE OPERATION OF AN OPEN APPLICATION PROGRAMMING  INTERFACE  THAT
 ENABLES  A  MOTOR  VEHICLE OWNER OR USER AUTHORIZED BY THE MOTOR VEHICLE
 OWNER TO REDIRECT DATA TO A THIRD PARTY AUTHORIZED BY THE MOTOR  VEHICLE
 OWNER  OR  ERASE  ANY  AND ALL DATA THAT THE MOTOR VEHICLE OWNER OR USER
 DIRECTLY OR ELECTRONICALLY INPUTS INTO THE MOTOR VEHICLE.
   (2) "CYBERSECURE INTERFACE" MEANS  AN  INTERFACE  THAT  PROVIDES  BOTH
 SECURE INTEROPERABILITY AND ACCESS TO MOTOR VEHICLE DATA BETWEEN A MOTOR
 VEHICLE AND THE MOTOR VEHICLE'S OWNER.
   (3)  "MOTOR  VEHICLE  DATA" MEANS ALL DATA GENERATED, OR GENERATED AND
 RETAINED, BY THE OPERATION OF A MOTOR VEHICLE INCLUDING BUT NOT  LIMITED
 TO  VEHICLE CHARACTERISTICS INCLUDING BUT NOT LIMITED TO MAKE AND MODEL,
 VEHICLE BUILD SHEET  INFORMATION,  DATA  COLLECTED  BY  ONBOARD  SENSORS
 INCLUDING  BUT NOT LIMITED TO ODOMETER, ACCELEROMETER, MALFUNCTION INDI-
 CATORS, CRASH OR COLLISION  INDICATORS,  AS  WELL  AS  ADVANCED  DRIVING
 ASSISTANCE SYSTEMS INCLUDING BUT NOT LIMITED TO ADAPTIVE CRUISE CONTROL,
 AUTOMATIC  FOLLOWING DISTANCE CONTROL, AUTOMATIC EMERGENCY BRAKING, LANE
 DEPARTURE CORRECTION, AND OTHER  AUTONOMOUS/ASSISTED  DRIVING  FEATURES,
 AND  ADDITIONAL  CONTEXTUAL  AND/OR  ENVIRONMENTAL  DATA OBTAINED BY THE
 VEHICLE INCLUDING BUT NOT LIMITED TO GPS AND/OR LOCATION, TIME  OF  DAY,
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09390-01-5
 S. 4875                             2
 
 ROAD  CONDITIONS,  VEHICLE  FOLLOWING  DISTANCE, USAGE OF ONBOARD ENTER-
 TAINMENT SYSTEMS.
   (4) "OWNER" MEANS:
   (I)  A PERSON WITH AN OWNERSHIP OR CONTRACTED BENEFICIAL INTEREST IN A
 MOTOR VEHICLE; OR
   (II) THE LESSEE OF A MOTOR VEHICLE UNDER A LEASE AGREEMENT OF  A  TERM
 NOT  LESS THAN ONE HUNDRED EIGHTY DAYS AND SHALL INCLUDE THE DESIGNEE OF
 A MOTOR VEHICLE OWNER.
   (5) "PERSON" SHALL MEAN AN  INDIVIDUAL,  TRUST,  ESTATE,  PARTNERSHIP,
 ASSOCIATION, COMPANY, OR CORPORATION.
   (B) A MANUFACTURER SHALL PROVIDE ACCESS TO MOTOR VEHICLE DATA, WHEREV-
 ER  STORED,  OF  THE SAME QUALITY AS IS AVAILABLE TO THE DATA HOLDER, TO
 THE OWNER AND TO ANY THIRD PARTY DESIGNEES OF THE MOTOR  VEHICLE  OWNER,
 WITHOUT UNDUE DELAY, FREE OF CHARGE, OF THE SAME QUALITY AS IS AVAILABLE
 TO  THE  DATA  HOLDER, WITHOUT ANY RESTRICTION OR LIMITATIONS INCLUDING,
 BUT NOT LIMITED TO, A FEE OR LICENSE TO DECRYPT MOTOR VEHICLE DATA OR  A
 REQUIREMENT  TO  USE A DEVICE PROVIDED BY THE MANUFACTURER TO ACCESS AND
 USE MOTOR VEHICLE DATA, AND WHERE APPLICABLE, CONTINUOUSLY AND IN  REAL-
 TIME,  IN  A STRUCTURED, COMMONLY USED MACHINE READABLE FORMAT EXCEPT AS
 PROVIDED UNDER SUBDIVISIONS (C), (D) AND (E) OF THIS SECTION.
   (C) THIS SECTION DOES NOT PRECLUDE A MANUFACTURER FROM EMPLOYING CRYP-
 TOGRAPHIC OR TECHNOLOGICAL PROTECTIONS NECESSARY TO SECURE MOTOR VEHICLE
 DATA, PROVIDED THAT THE MOTOR  VEHICLE  OWNER,  AND  THE  MOTOR  VEHICLE
 OWNER'S  DESIGNEES, ARE PROVIDED THE MEANS TO GAIN ACCESS TO MOTOR VEHI-
 CLE DATA MANDATED UNDER SUBDIVISION (B) OF THIS SECTION, AND SUCH  MEANS
 OF ACCESS TO MOTOR VEHICLE DATA, IS STANDARDIZED BY AN INDEPENDENT STAN-
 DARD MAKING ORGANIZATION ACROSS ALL MOTOR VEHICLES.
   (D)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION, NO PERSON,
 INCLUDING BUT NOT LIMITED TO A MOTOR VEHICLE OWNER, SHALL  BE  PERMITTED
 TO  ACCESS  MOTOR VEHICLE DATA IF THE PERSON IS THE SUBJECT OF A PROTEC-
 TIVE ORDER UNDER STATE LAW WITH RESPECT TO THE NATURAL PERSON USING  THE
 MOTOR VEHICLE.
   (E)  NOTHING IN THIS SECTION SHALL REQUIRE A MANUFACTURER TO DIVULGE A
 TRADE SECRET. THE EXISTENCE OF A MANUFACTURER'S PROPRIETARY  METHOD  FOR
 COLLECTING, STORING, FORMATTING, OR COMMUNICATING VEHICLE DATA, TELEMAT-
 ICS  OR  SIMILAR PROGRAM SHALL NOT PRECLUDE ACCESS TO MOTOR VEHICLE DATA
 UNDER SUBDIVISION (B) OF THIS SECTION.
   (F) A MANUFACTURER MAY NOT REQUEST A WAIVER  OF  THE  VEHICLE  OWNER'S
 RIGHT TO DATA ACCESS UNDER THIS SECTION, REQUIRE A WAIVER AS A CONDITION
 FOR  PURCHASING,  LEASING,  OPERATING, OR OBTAINING WARRANTY REPAIRS, OR
 OFFER ANY COMPENSATION OR OTHER INCENTIVE FOR A WAIVER. ANY SUCH  WAIVER
 OBTAINED BY A MANUFACTURER SHALL BE NULL AND VOID.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed upon the enactment of federal law,  rule  or  regulation
 that  requires  manufacturers  to  provide access to motor vehicle data,
 wherever stored, of the same quality as is available to the data holder,
 to the motor vehicle owner and to any third-party designees as  required
 by  section  one  of  this  act;  provided  that the commissioner of the
 department of motor vehicles shall notify the legislative bill  drafting
 commission  upon  the  occurrence  of the enactment of such federal law,
 rule or regulation in order that the commission may maintain an accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.