What's happening
This bill makes manufacturers, owners, and operators strictly liable for injuries or damage caused by unmanned motor vehicles in New York.
Why it matters
Establishes strict liability for injuries involving unmanned vehicles. By removing the need to prove negligence, anyone harmed by an unmanned vehicle (including drones, autonomous cars, and robotic trucks) can more easily seek compensation from manufacturers, owners, and operators, potentially increasing consumer protection and accountability.
Covers a wide range of unmanned vehicles. The bill’s definition includes not just self-driving cars but also trailers, semitrailers, and flying vehicles (such as drones) that operate without a human onboard, broadening the scope beyond typical road vehicles.
Joint and several liability increases financial exposure. Owners and operators of combined unmanned vehicles (such as a self-driving truck towing an autonomous trailer) are all held fully responsible, meaning injured parties can collect the full amount of damages from any one party involved, which may impact insurance and business practices.
Clarifies who counts as an “owner” or “operator”. The law distinguishes between those with a mere security interest (like a bank or financier) and actual possessors or controllers of the vehicle, ensuring liability rests with the parties most able to oversee or prevent harm.
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Who cares
Unmanned vehicle manufacturers
The bill would make them strictly liable for deaths, personal injuries and property damage resulting from use or operation in New York with the owner's express or implied permission.
Owners and operators of unmanned vehicles
They would face strict liability, with owners jointly and severally liable and operators defined as anyone controlling the vehicle.
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 property owners
They could seek compensation under a strict-liability standard from manufacturers, owners and operators for covered injuries or damage.
Headline styles
Hold Self-Driving Vehicle Makers Liable
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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 Makers Liable for Drones
In Assembly Committee · Transportation · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7360
IN SENATE
January 10, 2018
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07040-02-7
S. 7360 2
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.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to imposing strict liability on manufacturers, owners, and operators of unmanned motor vehicles
Purpose or general idea of bill
This legislation would hold manufacturers, owners and operators of unmanned motor vehicles, including unmanned aircraft systems (commonly known as drones), strictly responsible for death or injuries sustained to a person or property as a result of the use or operation of such vehicle in the State.
Summary of specific provisions
Section 1 of the bill amends the vehicle and traffic law by adding a new section 389 to provide:
1. Strict liability for manufacturers, owners, and operators of unmanned motor vehicles used or operated in the state for death or injuries to person or property resulting from the use or operation of such vehicle in the state.
2. As used in this section, "unmanned motor vehicle" means a "motor vehicle" as defined in section 125 of this chapter, except fire and police vehicles, "semitrailer" and "trailer" as defined in article 1 of this chapter, and all flying vehicles, whether or not such vehicles are used or operated on a public highway, that does not carry a human opera- tor.
3. As used in this section, "owner" shall be as defined in section 128 of this chapter and liability shall be joint and several. A secured party, who has a security interest in any vehicle not in 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 the manufacturing or producing of unmanned motor vehicles.
5. As used in this section, "operator" shall be defined as any person who has control over the unmanned motor vehicle.
Section 2 is the effective date.
Justification
Unmanned vehicles and self-driving cars have captured the public's attention and prototypes are being developed by many of the major car companies. Unmanned aircraft systems, often referred to as drones, are already used in commerce and for recreational purposes.
Despite the many advantages that this innovative technology may provide, there will undoubtedly still be accidents that occur. This legislation will protect individuals harmed by unmanned motor vehicles, including drones, by holding manufacturers, owners, and operators strictly liable for deaths, personal injuries and property damages caused by these vehi- cles while being operated in the State.
Legislative history
2017: A.7243 - Referred to Transportation
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.