What's happening
This bill prohibits motor vehicle dealers and lenders from installing starter interrupt devices in vehicles, with exceptions for rental companies, and establishes penalties for violations.
Why it matters
Protects consumers from sudden vehicle disablement. By banning starter interrupt devices, the bill prevents dealers and lenders from remotely disabling vehicles when payments are missed, which can leave consumers stranded and potentially unsafe.
Addresses privacy and surveillance concerns. Starter interrupt devices often include GPS tracking; prohibiting their use helps protect consumers from unwarranted monitoring of their movements by lenders or dealers.
Shifts power balance in vehicle finance. The legislation limits aggressive collection tactics and may give consumers more leverage to negotiate late payments or resolve disputes before losing access to their vehicle.
Establishes clear enforcement and penalties. With civil penalties of up to $5,000 per violation and enforcement by the Attorney General, the bill creates strong incentives for compliance and provides a mechanism for addressing violations.
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Who cares
Headline styles
Ban Car Starter Interrupts
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
4 Multi-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
893
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, GOTTFRIED, ABINANTI, BENEDETTO, GALEF, ENGLEBRIGHT, OTIS, JAFFEE, McDONOUGH -- Multi-Sponsored by -- M. of A. MAGEE, MAYER, SKARTADOS, TITONE -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the prohibition of the installation of starter interrupt devices on certain new and used motor vehicles
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 11-C to read as follows:
ARTICLE 11-C
STARTER INTERRUPT DEVICE INSTALLATION PROHIBITED Section 199-o. Definitions.
199-p. Violations.
199-q. Exceptions.
199-r. Civil penalty.
199-s. Rules and regulations.
199-t. Enforcement by attorney general.
§ 199-o. Definitions. The following terms when used in this article, shall have the following meanings:
1. "Dealer" as defined in section four hundred fifteen of the vehicle and traffic law.
2. "Motor vehicle" as defined in section one hundred twenty-five of the vehicle and traffic law and excluding class A, B and C limited use motorcycles as defined in section one hundred twenty-one-b of the vehicle and traffic law.
3. "Starter interrupt device" shall mean a device which tracks a motor vehicle purchaser's or lessee's scheduled payments under a financing or lease agreement and prevents the vehicle from starting if a scheduled payment is not received by its due date or within any applicable grace
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03668-01-7
A. 893 2
period. Such device typically requires the consumer to enter a code for each payment period in order to continue operating the vehicle. The consumer receives the payment codes that will allow the vehicle to continue to start from the creditor when payment is tendered. Such device may include a Global Positioning System (GPS) tracking capability.
§ 199-p. Violations. No new or used motor vehicle dealer or lender shall be permitted to install a starter interrupt device on a motor vehicle purchaser's or lessee's motor vehicle.
§ 199-q. Exceptions. The provisions this article shall not apply to any rental vehicle company as defined in paragraph (c) of subdivision one of section three hundred ninety-six-z of this chapter.
§ 199-r. Civil penalty. A knowing violation of this section shall be punishable by a fine not to exceed five thousand dollars.
§ 199-s. Rules and regulations. The commissioner of the department of motor vehicles, in conjunction with the attorney general, shall promulgate such rules and regulations as shall be necessary to implement the provisions of this article.
§ 199-t. Enforcement by attorney general. Whenever there shall be a violation of this article, an application may be made by the attorney general in the name of the people of the state of New York to a court of competent jurisdiction by a special proceeding for the imposition of a fine and the issuance of an injunction against any violation of this article, upon notice to the rental vehicle company of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court shall impose a civil penalty of not more than five thousand dollars for each violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant fact and to issue subpoenas in accordance with the civil practice law and rules.
§ 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.
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