Bill Text: NY A08532 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases the minimum insurance coverage requirements for motor vehicles rented or leased in the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A08532 Detail]
Download: New_York-2017-A08532-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8532 2017-2018 Regular Sessions IN ASSEMBLY June 20, 2017 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing the minimum insurance coverage requirements for motor vehicles rented or leased in the state of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4 of section 311 of the vehi- 2 cle and traffic law, as amended by chapter 305 of the laws of 1995, is 3 amended to read as follows: 4 (a) Affording coverage as defined in the minimum provisions prescribed 5 in a regulation which shall be promulgated by the superintendent at 6 least ninety days prior to effective date of this act. The superinten- 7 dent before promulgating such regulations or any amendment thereof, 8 shall consult with all insurers licensed to write automobile liability 9 insurance in this state and shall not prescribe minimum provisions which 10 fail to reflect the provisions of automobile liability insurance poli- 11 cies, other than motor vehicle liability policies as defined in section 12 three hundred forty-five of this chapter, issued within this state at 13 the date of such regulation or amendment thereof. Nothing contained in 14 such regulation or in this article shall prohibit any insurer from 15 affording coverage under an owner's policy of liability insurance more 16 liberal than that required by said minimum provisions. Every such 17 owner's policy of liability insurance shall provide insurance subject to 18 said regulation against loss from the liability imposed by law for 19 damages, including damages for care and loss of services, because of 20 bodily injury to or death of any person and injury to or destruction of 21 property arising out of the ownership, maintenance, use, or operation of 22 a specific motor vehicle or motor vehicles within the state of New York, 23 or elsewhere in the United States in North America or the Dominion of 24 Canada, subject to a limit, exclusive of interest and costs, with EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04278-01-7A. 8532 2 1 respect to each such motor vehicle except a tow truck or a motor vehicle 2 which is rented or leased from a person, organization or business regu- 3 larly engaged in the business of renting or leasing motor vehicles to 4 the general public, of twenty-five thousand dollars because of bodily 5 injuries to and fifty thousand dollars because of death of one person in 6 any one accident and, subject to said limit for one person, to a limit 7 of fifty thousand dollars because of bodily injury to and one hundred 8 thousand dollars because of death of two or more persons in any one 9 accident, and to a limit of ten thousand dollars because of injury to or 10 destruction of property of others in any one accident provided, however, 11 that such policy need not be for a period coterminous with the registra- 12 tion period of the vehicle insured. The limit, exclusive of interest and 13 costs, with respect to a tow truck shall be a combined single limit of 14 at least three hundred thousand dollars because of bodily injury or 15 death to one or more persons or because of injury or destruction of 16 property of others in any one accident, and to a limit of twenty-five 17 thousand dollars because of damage to a vehicle in the care, custody and 18 control of the insured. The limit, exclusive of interest and costs, 19 with respect to a motor vehicle which is rented or leased from a person, 20 organization or business regularly engaged in the business of renting or 21 leasing motor vehicles to the general public, shall be a combined single 22 limit of at least one million dollars because of bodily injury or death 23 to one or more persons or because of injury or destruction of property 24 of others in any one accident, and to a limit of twenty-five thousand 25 dollars because of damage to a vehicle in the care, custody and control 26 of the insured. Any insurer authorized to issue an owner's policy of 27 liability insurance as provided for in this article may, pending the 28 issue of such a policy, make an agreement, to be known as a binder, or 29 may, in lieu of such a policy, issue a renewal endorsement or evidence 30 of renewal of an existing policy; each of which shall be construed to 31 provide indemnity or protection in like manner and to the same extent as 32 such a policy. The provisions of this article shall apply to such bind- 33 ers, renewal endorsements or evidences of renewal. Every such policy 34 issued insuring private passenger vehicles and every renewal policy, 35 renewal endorsement, or other evidence of renewal issued shall have 36 attached thereto a rating information form which clearly specifies and 37 defines the rating classification assigned thereto, including any appli- 38 cable merit rating plan; and 39 § 2. Section 312 of the vehicle and traffic law is amended by adding a 40 new subdivision 6 to read as follows: 41 6. (a) No motor vehicle shall be leased or rented in this state unless 42 upon the registration of the leased or rented motor vehicle, the appli- 43 cation for such registration is accompanied by proof of financial secu- 44 rity required by section three hundred eleven of this article which 45 shall be evidenced by proof of insurance or evidence of a financial 46 security bond, a financial security deposit or qualification as a self- 47 insurer under section three hundred sixteen of this article; provided, 48 that if directed by regulation of the commissioner, upon renewal of 49 registration an application accompanied by a certificate of registration 50 or renewal stub in force immediately preceding the date of application 51 for renewal, together with a statement in a form prescribed by the 52 commissioner certifying that there is in effect proof of financial secu- 53 rity, shall meet the requirements of this section. Upon the issuance or 54 renewal of a private passenger automobile insurance policy subject to 55 the provisions of section three thousand four hundred twenty-five of the 56 insurance law, the insurance company shall provide the insured with anA. 8532 3 1 informational statement outlining the legal and financial consequences 2 of convictions under section eleven hundred ninety-two of this chapter, 3 pertaining to operating a motor vehicle while under the influence of 4 alcohol or drugs. Such information shall be supplied to the company by 5 the state department of financial services in consultation with the 6 commissioner. 7 (b) The owner and registrant if the registrant is different from the 8 owner of such leased or rented motor vehicle shall maintain proof of 9 financial security continuously throughout the registration period and 10 his failure to produce proof of financial security when requested to do 11 so upon demand of a magistrate, motor vehicle inspector, peace officer, 12 acting pursuant to his special duties, or police officer, while such 13 vehicle is being operated upon the public highway, shall be presumptive 14 evidence of operating a motor vehicle without proof of financial securi- 15 ty. Upon the production of proof of financial security such presumption 16 is removed. Production of proof of financial security may be made by 17 mailing such proof to the court having jurisdiction in the matter, and 18 any necessary response by such court or acknowledgement of the 19 production of such proof may also be made by mail. When insurance with 20 respect to any motor vehicle, other than a motorcycle, is terminated the 21 owner shall surrender forthwith their registration certificate and 22 number plates of the vehicle to the commissioner unless proof of finan- 23 cial security otherwise is maintained in compliance with this article. 24 (c) The owner of any leased or rented vehicle that fails to maintain 25 the proof of financial security required above may be held personally 26 liable for any judgment entered against any driver and/or registrant of 27 the leased or rented vehicle for damages sustained as a result of 28 personal injury, wrongful death and/or property damage suffered as a 29 result of the use and operation of the leased or rented vehicle. 30 § 3. Paragraph 3 of subdivision (b) of section 345 of the vehicle and 31 traffic law, as amended by chapter 305 of the laws of 1995, is amended 32 to read as follows: 33 (3) Shall insure the insured, the vehicle operator, or such other 34 person against loss from the liability imposed by law for damages, 35 including damages for care and loss of services because of bodily injury 36 to or death of any person and injury to or destruction of property aris- 37 ing out of the ownership, maintenance, use, or operation of such motor 38 vehicle or motor vehicles within the state of New York, or elsewhere in 39 the United States in North America or the Dominion of Canada, subject to 40 a limit, exclusive of interest and cost, with respect to each such motor 41 vehicle, except a tow truck or a motor vehicle which is rented or leased 42 from a person, organization or business regularly engaged in the busi- 43 ness of renting or leasing motor vehicles to the general public, of 44 twenty-five thousand dollars because of bodily injury to or fifty thou- 45 sand dollars because of death of one person in any one accident and, 46 subject to said limit for one person, to a limit of fifty thousand 47 dollars because of bodily injury to or one hundred thousand dollars 48 because of death of two or more persons in any one accident, and to a 49 limit of ten thousand dollars because of injury to or destruction of 50 property of others in any one accident. The limit, exclusive of interest 51 and costs, with respect to a tow truck shall be a combined single limit 52 of three hundred thousand dollars because of bodily injury [of] or death 53 to one or more persons or because of injury or destruction of property 54 of others in any one accident, and to a limit of twenty-five thousand 55 dollars because of damage to a vehicle in the care, custody and control 56 of the insured. The limit, exclusive of interest and costs, withA. 8532 4 1 respect to a motor vehicle which is rented or leased from a person, 2 organization or business regularly engaged in the business of renting or 3 leasing motor vehicles to the general public, shall be a combined single 4 limit of at least one million dollars because of bodily injury or death 5 to one or more persons or because of injury or destruction of property 6 of others in any one accident, and to a limit of twenty-five thousand 7 dollars because of damage to a vehicle in the care, custody and control 8 of the insured. 9 § 4. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law.
