Bill Text: NY A08289 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to negligence in use or operation of vehicle attributable to owner; provides that there shall be no liability for cars loaned by dealers without a fee.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2016-06-15 - reported referred to codes [A08289 Detail]

Download: New_York-2015-A08289-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8289
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 18, 2015
                                      ___________
       Introduced  by  M. of A. GANTT -- (at request of the Department of Motor
         Vehicles) -- read once and referred to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation  to  negligence
         in the operation of a motor vehicle which is attributable to an owner
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 388 of the vehicle and traffic law  is  amended  by
    2  adding a new subdivision 5 to read as follows:
    3    5.  (A)  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION, AN OWNER OF A
    4  MOTOR VEHICLE, OR AN AFFILIATE OF THE OWNER, THAT LOANS THE MOTOR  VEHI-
    5  CLE  TO  A PERSON, WITHOUT A FEE, SHALL NOT BE LIABLE OR RESPONSIBLE FOR
    6  DEATH OR INJURY TO PERSONS OR PROPERTY THAT RESULTS OR ARISES OUT OF THE
    7  USE, OPERATION OR POSSESSION OF THE VEHICLE DURING  THE  PERIOD  OF  THE
    8  LOAN, IF:
    9    (1) THE OWNER, OR THE AFFILIATE OF THE OWNER, IS A NEW CAR DEALER;
   10    (2)  THERE  IS NO NEGLIGENCE OR CRIMINAL WRONGDOING ON THE PART OF THE
   11  OWNER OR AN AFFILIATE OF THE OWNER; AND
   12    (3) THE MOTOR VEHICLE HAS BEEN LOANED OUT BY THE NEW CAR DEALER  TO  A
   13  CUSTOMER  OF  THE  NEW  CAR  DEALER, WITHOUT A FEE, WHILE THE CUSTOMER'S
   14  MOTOR VEHICLE IS BEING SERVICED OR REPAIRED BY THE NEW CAR DEALER.
   15    (B) IN THIS SUBDIVISION:
   16    (1) "AFFILIATE" MEANS A PERSON OTHER THAN THE OWNER  WHO  DIRECTLY  OR
   17  INDIRECTLY  CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH,
   18  THE OWNER. AS USED IN THIS SUBPARAGRAPH, THE TERM  "CONTROL"  MEANS  THE
   19  POWER  TO DIRECT THE MANAGEMENT AND POLICIES OF A PERSON WHETHER THROUGH
   20  OWNERSHIP OF VOTING SECURITIES OR OTHERWISE.
   21    (2) "NEW CAR DEALER" SHALL HAVE THE MEANING ASCRIBED BY PARAGRAPH F OF
   22  SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTEEN OF THIS CHAPTER.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11482-01-5