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This entry was published on 2021-02-19
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SECTION 2336
Motor vehicle liability, comprehensive and collision insurance rates; premium reductions in certain cases
Insurance (ISC) CHAPTER 28, ARTICLE 23
§ 2336. Motor vehicle liability, comprehensive and collision insurance
rates; premium reductions in certain cases. * (a) (1) Any schedule of
rates or rating plan for motor vehicle liability and collision insurance
submitted to the superintendent shall provide for an actuarially
appropriate reduction in premium charges for any insured for a three
year period after successfully completing a motor vehicle accident
prevention course, known as the national safety council's defensive
driving course, or any driver improvement course approved by the
department of motor vehicles as being equivalent to the national safety
council's defensive driving course, provided that, except as provided in
article twelve-C of the vehicle and traffic law, there shall be no
reduction in premiums for a self-instruction defensive driving course or
a course that does not provide for actual classroom instruction for a
minimum number of hours as determined by the department of motor
vehicles. Such reduction in premium charges shall be subsequently
modified to the extent appropriate, based upon analysis of loss
experience statistics and other relevant factors. All such accident
prevention courses shall be monitored by the department of motor
vehicles and shall include components of instruction in "Road Rage"
awareness and in "Work Zone Safety" awareness as defined by the
commissioner of motor vehicles. The provisions of this section shall not
apply to attendance at a program pursuant to article twenty-one of the
vehicle and traffic law as a result of any traffic infraction.

(2) Any insured who successfully completes a course pursuant to this
subsection and receives a premium reduction on the insured's insurance
policy covering the for-hire vehicle, shall not, during the period set
forth in subsection (e) of section two thousand three hundred
fifty-three of this article, also be eligible for an additional premium
reduction on the insured's commercial risk insurance policy covering the
for-hire motor vehicle for successful completion of the for-hire safety
motor vehicle course authorized under section two thousand three hundred
fifty-three of this article.

* NB Effective until April 1, 2022

* (a) (1) Any schedule of rates or rating plan for motor vehicle
liability and collision insurance submitted to the superintendent shall
provide for an actuarially appropriate reduction in premium charges for
any insured for a three year period after successfully completing a
motor vehicle accident prevention course, known as the national safety
council's defensive driving course, or any driver improvement course
approved by the department of motor vehicles as being equivalent to the
national safety council's defensive driving course, provided that in
either event there shall be no reduction in premiums for a
self-instruction defensive driving course or a course that does not
provide for actual classroom instruction for a minimum number of hours
as determined by the department of motor vehicles. Such reduction in
premium charges shall be subsequently modified to the extent
appropriate, based upon analysis of loss experience statistics and other
relevant factors. All such accident prevention courses shall be
monitored by the department of motor vehicles and shall include
components of instruction in "Road Rage" awareness and in "Work Zone
Safety" awareness as defined by the commissioner of motor vehicles. The
provisions of this section shall not apply to attendance at a program
pursuant to article twenty-one of the vehicle and traffic law as a
result of any traffic infraction.

(2) Any insured who successfully completes a course pursuant to this
subsection and receives a premium reduction on the insured's insurance
policy covering the for-hire vehicle, shall not, during the period set
forth in subsection (e) of section two thousand three hundred
fifty-three of this article, also be eligible for an additional premium
reduction on the insured's commercial risk insurance policy covering the
for-hire motor vehicle for successful completion of the for-hire safety
motor vehicle course authorized under section two thousand three hundred
fifty-three of this article.

* NB Effective April 1, 2022

* (b) Any schedule or rating plan for non-commercial private passenger
automobile insurance shall provide for an appropriate reduction in
premium charges for personal injury protection and medical payment
coverages with respect to any insured vehicle equipped with a passive
occupant restraint system for front-seat passengers. Such discount shall
apply to passive occupant restraint systems that meet applicable federal
or appropriate equivalent standards. With respect to vehicles other than
non-commercial private passenger automobiles, any schedule rating plan
shall include an appropriate premium credit which reflects the existence
of such a passive occupant restraint system.

* NB Expires July 1, 2023

(c) Any schedule or rating plan for non-commercial private passenger
automobile insurance shall also provide for an appropriate reduction in
premium charges for bodily injury liability, property damage liability,
personal injury protection, medical payment and collision coverages with
respect to automobiles equipped with factory installed anti-lock brakes,
or such other safety devices which the superintendent determines, after
a public hearing, may be expected to reduce losses for such coverages.
In determining the appropriate reductions, consideration shall be given
to other safety discounts that already apply to the coverages affected.

(d) Premium charge reductions made pursuant to the provisions of
subsection (a) of this section shall be effective upon issuance of a
certificate of completion to the insured and such premium charge
reduction shall be calculated from such completion date unless such
completion certificate is presented within forty-five days prior to the
renewal of the policy, in which case the insurer may elect to commence
the discount upon the first day of the new policy period for the full
term of statutory discount; provided, however, that if the certificate
of completion is not presented to the insurer within ninety days after
completion of the course the insurer may, at its discretion, apply the
premium discount from the date such certificate was presented rather
than the date of completion. A discount applied during a policy period
shall be prorated over the term of the policy.

(e) Any schedule or rating plan for non-commercial private passenger
automobile insurance shall provide for an appropriate reduction in
premium charges for comprehensive coverage with respect to any insured
vehicle equipped with an operational anti-theft and recovery device
consisting of an electronic homing device used in conjunction with a
participating police agency and using a radio frequency network
allocated by the Federal Communications Commission; provided, however,
that in no event shall the non-use of this device or any other
anti-theft device constitute grounds for an increase in policy premiums
or cancellations or non-renewal of a non-commercial private passenger
automobile insurance policy.

(f) (1) Any schedule or rating plan for non-commercial private
passenger automobile insurance shall provide for an appropriate
reduction in premium charges for comprehensive coverage with respect to
any insured vehicle equipped with window glass etched with the vehicle
identification number or any other unique identifying symbol. The term
"window glass" shall include not less than the windshield, door glass,
rear window, T-top and the moon/sun roof of the insured vehicle.

(2) In order to qualify for a comprehensive premium discount pursuant
to paragraph one of this subsection, the window glass etching performed
on vehicles on or after the effective date of this paragraph shall meet
the following standards:

(i) Etching shall be a vehicle identification number comprising
seventeen digits as mandated for all vehicles sold in the United States
pursuant to the United States Motor Vehicle Theft Act of 1984 or, if
approved by the superintendent, with a unique identifying symbol. The
windshield and rear window shall be etched within one inch from the
bottom and the windshield shall be etched in close proximity to the
vehicle identification number.

(ii) Etched indicia (numbers and letters of the seventeen digit
vehicle identification number), when utilizing the vehicle
identification number of the subject vehicle, shall be verified by input
through a computer program with a checking algorithm prior to being
etched onto any vehicle. In the event that a unique identifying symbol
is utilized, the vendor utilizing such symbol shall provide a toll-free
number to all vehicle owners, to be applied on vehicle window surface by
decal.

(iii) Etched indicia shall not be greater than one-third inch in
height nor less than one-eighth inch in height.

(iv) Auto glass etching shall be done by a laser, chemical process or
mechanical process. Products used to etch vehicles in compliance with
this section, whether comprising chemical or other methods of etching
window glass, shall be products within the marketplace which are
lawfully sold and delivered to consumers within New York state.

(v) Window etchings shall result in etched indicia within the surface
of vehicle window glass which are permanent and cannot be removed
without destroying the vehicle window. However, etching sufficient to
achieve permanent markings shall not exceed a depth in the surface of
the window which would affect the window's structural integrity.

(vi) A message line may be included below the etched vehicle
identification number which directs callers to a registry listing etched
vehicle identification numbers and unique identifying symbols for
assistance in reporting and identifying stolen vehicles.

(vii) Nothing in this paragraph shall relieve an insurer from
continuing to provide discounts pursuant to paragraph one of this
subsection for etching installed on window glass prior to the effective
date of this paragraph, notwithstanding any departure of such etchings
from the standards provided for pursuant to this paragraph.

(g) Any schedule or rating plan for non-commercial private passenger
automobile insurance shall also provide for an actuarially appropriate
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 factory
installed daytime running lamps (DRL).

(h) Any schedule or rating plan applicable to commercial risk
insurance for motor vehicles weighing in excess of ten thousand pounds
shall provide for an actuarially appropriate reduction in premium
charges for bodily injury liability, property damage liability, personal
injury protection, medical payments and collision coverage with respect
to such motor vehicles equipped with factory installed auxiliary running
lamps. Such lamps shall be designed to reduce accidents by increasing
vehicle visibility during the day and night. The superintendent shall,
after consulting with the departments of motor vehicles and
transportation, promulgate rules and regulations establishing the
qualifications and standards for the approval, utilization and
installation of such lamps.