Authorizes the production of proof of insurance by the use of electronic transmission to portable electronic devices.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the production of proof of insurance by the use of electronic transmission to portable electronic devices
The bill amends the vehicle and traffic law to allow motorists an option to use a cell phone or other mobile electronic devise to provide proof of insurance coverage instead of having to present a printed card.
SUMMARY OF PROVISIONS:
Section one of the bill amends paragraph (b) of subdivision 1 of section 312 of the vehicle and traffic law by adding a new subparagraph. (2) which states that an electronic version of the owner's insurance card may be transmitted to an owner's or operator's smart phone or other electronic device to be used as proof of insurance provided that,
(A) the proof of insurance is transmitted directly from the owner's insurance company or from the owner's licensed insurance broker or agent to the operator's smart phone or other electronic device; and
(B) the electronic transmission of the insurance card contains all required information.
(3) Provides that an officer who views the transmission of an electronic version of the owner's insurance card on a device shall be prohibited from viewing any other information or content on the device.
(4) Provides that any person who presents proof of financial security by means of transmission of an electronic version the owner's insurance card shall assume liability for any damage to the electronic device.
Section two of the bill is the effective date. The bill will take effect ninety days after it becomes law.
Current law states that motorists must show written proof of insurance. However many insurance companies offer apps for cell phones or tablets that display the insurance information. People may find it more convenient to have the information accessible electronically rather than having a paper document which can easily be lost or misplaced. The proposed legislation would allow, but not require insurers to offer proof of insurance in an electronic format. The legislation will not only assist motorists in avoiding a ticket, but it will also help to stop people from having to take time off work in order to go to court to defend themselves when they were simply unable to find a current insurance document in their car. This will save drivers, police and courts time, money and resources.
To be determined.
This act will take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5068--C 2013-2014 Regular Sessions IN SENATE May 7, 2013 ___________Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Commit- tee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to authorizing the production of proof of insurance by the use of electronic trans- mission to portable electronic devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 312 of the vehi- cle and traffic law, as amended by chapter 557 of the laws of 1994, is amended to read as follows: (b) (1) The owner of such motor vehicle shall maintain proof of finan- cial security continuously throughout the registration period and his failure to produce proof of financial security when requested to do so upon demand of a magistrate, motor vehicle inspector, peace officer, acting pursuant to his special duties, or police officer, while such vehicle is being operated upon the public highway, shall be presumptive evidence of operating a motor vehicle without proof of financial securi- ty. Upon the production of proof of financial security such presumption is removed. Production of proof of financial security may be made by mailing such proof to the court having jurisdiction in the matter, and any necessary response by such court or acknowledgement of the production of such proof may also be made by mail. When insurance with respect to any motor vehicle, other than a motorcycle, is terminated the owner shall surrender forthwith his registration certificate and numberEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10551-09-4 S. 5068--C 2
plates of the vehicle to the commissioner unless proof of financial security otherwise is maintained in compliance with this article. (2) PROOF OF FINANCIAL SECURITY MAY BE ESTABLISHED BY MEANS OF TRANS- MISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD TO THE OWNER'S OR OPERATOR'S SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE PROVIDED THAT: (A) SUCH PROOF OF FINANCIAL SECURITY IS TRANSMITTED DIRECTLY FROM THE OWNER'S INSURANCE COMPANY OR FROM THE OWNER'S LICENSED INSURANCE BROKER OR AGENT TO THE OWNER'S OR OPERATOR'S SMART PHONE OR OTHER ELECTRONIC DEVICE; AND (B) THE ELECTRONIC TRANSMISSION OF PROOF OF FINANCIAL SECURITY CONTAINS ALL INFORMATION REQUIRED BY THIS CHAPTER AND ANY RULES OR REGU- LATIONS PROMULGATED BY THE COMMISSIONER. (3) AN OFFICER OR AGENT WHO VIEWS THE TRANSMISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD ON THE OWNER'S OR OPERATOR'S SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE SHALL BE PROHIBITED FROM VIEW- ING ANY OTHER CONTENT ON THE SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE. (4) ANY PERSON WHO PRESENTS PROOF OF FINANCIAL SECURITY BY MEANS OF TRANSMISSION OF AN ELECTRONIC VERSION OF THE OWNER'S INSURANCE CARD ON THE OWNER'S OR OPERATOR'S SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE SHALL ASSUME ALL LIABILITY FOR ANY DAMAGE TO THE SMART PHONE OR OTHER PORTABLE ELECTRONIC DEVICE. S 2. This act shall take effect on the ninetieth day after it shall have become a law.