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A3406Assembly2019-2020 SessionSame asS1822

Hold Makers Liable for Drones

Official title

“Imposes strict liability on manufacturers, owners, and operators of unmanned motor vehicles”

Sponsor Thomas AbinantiAD-92Affects Transportation
Status
In Assembly Committee
Transportation
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill imposes strict liability on manufacturers, owners, and operators for injuries or damages caused by unmanned motor vehicles in New York.

Why it matters

  1. Expands legal responsibility. by holding not only operators and owners, but also manufacturers of unmanned motor vehicles strictly liable for any death, injury, or property damage caused, regardless of fault or negligence—meaning victims don’t need to prove carelessness to recover damages.

  2. Covers a wide range of vehicles. , including not just self-driving cars but also unmanned trucks, drones, and any flying vehicles without a human operator, whether or not they are used on public roads—potentially impacting multiple industries (transportation, delivery, manufacturing, tech).

  3. Joint and several liability. means that if multiple parties (like different owners or manufacturers) are involved with the same unmanned vehicle, each can be held fully responsible for the entire amount of damages, increasing incentives for oversight and safety compliance throughout the supply chain.

  4. Excludes certain parties from liability. , such as vendors or lenders with a security interest in a vehicle who do not have possession, focusing legal risk on those with control or benefit from the vehicle’s operation, and clarifies who is legally considered an “owner,” “manufacturer,” or “operator.”

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Who cares

  • Unmanned vehicle manufacturers

    The bill would impose strict liability for deaths, personal injuries and property damage resulting from authorized use of their vehicles in New York.

  • Owners and operators of unmanned vehicles

    They would face strict liability, and owners of vehicles attached or towed together would be jointly and severally liable.

  • Drone manufacturers, owners and operators

    The bill’s definition would cover all flying vehicles without a human operator aboard, whether or not operated on a public highway.

  • People injured by unmanned vehicles

    The bill would establish strict liability for manufacturers, owners and operators when authorized vehicle use causes injury or death.

Headline styles

Hold Makers Liable for Drones

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Abinanti

Assembly Member · Assembly District 92

No co-sponsors yet.

History

  1. Referred to transportation
  2. 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.

S1822Senate

Hold Robot Car Makers Liable

In Senate Committee · Transportation · Sponsor Andrew J. Lanza

Impact 8 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3406

2019-2020 Regular Sessions

IN ASSEMBLY

January 29, 2019

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.

LBD05193-01-9

A. 3406 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.