Bill Text: NY A04630 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows an operator of a motor vehicle to display or provide such operator's certificate of registration to a magistrate, motor vehicle inspector, peace officer, acting pursuant to his or her special duties, or police officer in electronic form.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A04630 Detail]

Download: New_York-2023-A04630-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4630

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 21, 2023
                                       ___________

        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to allowing  an
          operator  of  a  motor  vehicle  to display or provide such operator's
          certificate of registration in electronic form

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  4  of section 401 of the vehicle and traffic
     2  law, as amended by chapter 132 of the laws of 1986, is amended  to  read
     3  as follows:
     4    4.  Carrying  certificate  of  registration. (a) Any magistrate, motor
     5  vehicle inspector, peace officer, acting pursuant to his or her  special
     6  duties,  or  police  officer  may request that the operator of any motor
     7  vehicle produce for inspection the certificate of registration for  such
     8  vehicle  and  such operator shall furnish to such magistrate, inspector,
     9  peace officer or police officer any information necessary for the  iden-
    10  tification  of  such vehicle and its owner, and all information required
    11  concerning his or her license to operate, if he or she  is  required  by
    12  law to have such a license, and shall, if required, sign his or her name
    13  in  the  presence of such magistrate, inspector, peace officer or police
    14  officer as a further  means  of  identification.  The  production  of  a
    15  license  to  a  magistrate,  inspector,  peace officer or police officer
    16  shall be prima facie evidence in a prosecution for a  violation  of  any
    17  provision  of  this chapter, other than section three hundred ninety-two
    18  of this chapter, that the person who so  produced  the  license  is  the
    19  person identified on such license. Provided, however, that a photostatic
    20  copy  of  the certificate of registration may be produced in lieu of the
    21  original certificate.   Provided,  further,  that  such  certificate  of
    22  registration  may be displayed or provided in either paper or electronic
    23  form. For the purposes of this  section,  "electronic  form"  means  the
    24  display of images on an electronic device, such as a cellular telephone,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09382-01-3
        A. 4630                             2

     1  tablet,  or computer. The use of a cellular telephone, tablet, computer,
     2  or any other electronic device to display such certificate of  registra-
     3  tion  shall  not  constitute  consent  for  a  magistrate, motor vehicle
     4  inspector,  peace officer, acting pursuant to his or her special duties,
     5  or police officer to access any other contents on  such  cellular  tele-
     6  phone,  tablet,  computer  or other electronic device.   Any magistrate,
     7  motor vehicle inspector, peace officer, acting pursuant to  his  or  her
     8  special  duties,  or  police officer presented with an electronic device
     9  pursuant to this subdivision shall be immune from any liability  result-
    10  ing  from  damage  to  the  device. If a vehicle does not have affixed a
    11  validating sticker which indicates the plate number, the  vehicle  iden-
    12  tification number and the expiration date of the registration, the fail-
    13  ure to produce the certificate of registration, or a photostatic copy of
    14  such  certificate,  or  an electronic form of such certificate, shall be
    15  presumptive evidence of operating a motor vehicle or  trailer  which  is
    16  not registered as required by this article.
    17    (b)  The  commissioner shall promulgate such regulations as are neces-
    18  sary to effectuate the  provisions  of  this  subdivision,  which  shall
    19  include  but  not be limited to providing for an electronic form for the
    20  display of registration certificates pursuant to paragraph (a)  of  this
    21  subdivision.
    22    §  2.  This  act shall take effect on the ninetieth day after it shall
    23  have become a law. Effective immediately, the addition, amendment and/or
    24  repeal of any rule or regulation necessary  for  the  implementation  of
    25  this  act  on its effective date are authorized to be made and completed
    26  on or before such effective date.