Provides for a 5% automobile insurance premium reduction for non-commercial passenger motor vehicles equipped with an operating dashboard camera

Section 2 amends the Insurance Law by adding a new Section 5110, for the purposes of requiring an insurer to review dashboard camera footage following the receipt of a claim. The section makes clear that dashboard camera images are not to be deemed dispositive of a claim, and are to be viewed in the totality of the circumstances involved.

Section 3 amends Subdivision (c) of Section 301 of the Vehicle and Traffic Law by adding a new paragraph 4, which sets forth new inspection standards that allow the presence of a dashboard camera to be reported during the course of a driver's routine emissions testing.

Section 4 amends the Vehicle and Traffic Law by adding a new Section 322 that sets forth a procedure through which an insurer may request records pertaining to the installation of dashboard cameras from the Department of Motor Vehicles, in order to assess the viability of an insured's request for, or maintenance of, the 5% premium discount.

Section 5 amends Section 375 of the Vehicle and Traffic Law by adding a new Subsection 52, which allows the Commissioner of the Department of Motor Vehicles the ability to promulgate rules and regulations pertaining to the safe use of dashboard cameras, including the size and location these devices within motor vehicles.

Section 6 amends the C.P.L.R. by adding a new Section 4549, which permits the admissibility of dashboard camera images as proof of the occurrence or event depicted in such images, in civil legal proceedings.

Section 7 amends the Criminal Procedure Law by adding a new Section 60.80, which permits the admissibility of dashboard cameras as proof of the occurrence or event depicted in such images, in criminal legal proceedings.

Section 8 sets forth the effective date of the law.

Justification

New York has a long history of promoting motor vehicle safety by offering mandatory discounts on drivers' car insurance, including rates that take into effect automatic safety belts, airbags, and most recently, the completion of a defensive driving course. As technology continues to progress, growing evidence has supported the value of dashboard cameras installed in cars, and other motor vehicles. In fact, several European nations have already begun instituting discounts on car insurance rates for drivers that take advantage of this technology.

Though New York is a 'no-fault jurisdiction' for the purposes of typical accidents involving motor vehicles, it remains the case that civil litigation often occurs in the context of "serious injuries," as well as hit-and-run collisions. Beyond damage to property, hit and run accidents cause serious injuries and often times, result in pedestrian fatalities. Though on the decline, 131 pedestrian deaths resulted from traffic accidents in 2014. There is good reason to believe that dashboard cameras could play an important role in solving these crimes; while investigators may not be able to retrieve a suspect's camera, it is entirely possible that these incidents could be caught on tape by other vehicles that are nearby.

Additionally, reports indicate a rise in insurance fraud schemes that involve reckless driving by motorists. Dashboard cameras not only provide protection to drivers in such cases where evidence could demonstrate their lack of liability, but these cameras may also play an important role in enriching criminal prosecutions for fatal hit-and-run incidents.

Prior legislative history

New bill.

Fiscal impact

TBD.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to all policies issued, renewed, modified, altered or amended on or after such date. Provided, however, that, 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 and directed to be completed on or before such date.