What's happening
This bill imposes strict liability on manufacturers, owners, and operators for injuries or damages caused by unmanned motor vehicles.
Why it matters
Makes manufacturers, owners, and operators automatically responsible. for harm caused by unmanned motor vehicles (including drones and self-driving cars), regardless of fault, which could significantly increase their legal and insurance risks.
Covers a broad range of unmanned vehicles. not just those on public roads, but also flying vehicles and others without human operators onboard, expanding liability exposure beyond traditional vehicles.
Holds all involved parties jointly and severally liable. , meaning injured parties can recover full damages from any one or all liable parties, simplifying lawsuits for victims but potentially leading to costly litigation for companies and individuals.
Excludes certain parties from liability. , such as vendors with a security interest who do not have possession, and clarifies who qualifies as a manufacturer, owner, or operator, providing some legal clarity but also requiring careful attention to contractual arrangements.
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Who cares
Unmanned vehicle manufacturers
The bill would make them strictly liable for deaths, injuries and property damage resulting from use or operation in New York with the owner's express or implied permission.
Unmanned vehicle owners and operators
They would face strict liability, and owners of vehicles attached or towed together would face joint and several liability.
Drone manufacturers, owners and operators
The bill's definition includes all flying vehicles without a human operator, whether or not operated on a public highway.
People injured by unmanned vehicles and owners of damaged property
The bill would establish strict liability for manufacturers, owners and operators for harm caused by qualifying vehicle use.
Headline styles
Hold Makers Liable for Drones
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Hold Self-Driving Vehicle Makers Liable
In Senate Committee · Transportation · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7243
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to imposing strict liability on manufacturers, owners, and operators of unmanned motor vehicles
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 389 to read as follows:
§ 389. Strict liability for manufacturers, owners, and operators of unmanned motor vehicles. 1. Every manufacturer, owner, and operator of unmanned motor vehicles used or operated in this state shall be held strictly liable and responsible for death or injuries to person or property resulting from the use or operation of such vehicle in this state, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner. Whenever any unmanned motor vehicles shall be used in combination with one another, by attachment or tow, the person using or operating any one vehicle shall, for the purposes of this section, be deemed to be using or operating each vehicle in the combination, and the owners thereof shall be jointly and severally liable hereunder.
2. As used in this section, "unmanned motor vehicle" means a "motor vehicle", as defined in section one hundred twenty-five of this chapter, except fire and police vehicles, "semitrailer" and "trailer" as defined in article one of this chapter, and all flying vehicles, whether or not such vehicles are used or operated upon a public highway, that does not carry a human operator.
3. As used in this section, "owner" shall be as defined in section one hundred twenty-eight of this chapter and their liability under this section shall be joint and several. If a vehicle is sold under a contract of sale which reserves a security interest in the vehicle in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07040-02-7
A. 7243 2
favor of the vendor, such vendor or his assignee shall not, after delivery of such vehicle, be deemed an owner within the provisions of this section, but the vendee, or his assignee, receiving possession thereof, shall be deemed such owner notwithstanding the terms of such contract, until the vendor or his assignee shall retake possession of such vehicle. A secured party in whose favor there is a security interest in any vehicle out of his possession, shall not be deemed an owner within the provisions of this section.
4. As used in this section, "manufacturer" shall be defined as any person or business entity engaged in manufacturing or producing unmanned motor vehicles.
5. As used in this section, "operator" shall be defined as any person who has control over the unmanned motor vehicle.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.