Bill Text: NY S01822 | 2019-2020 | General Assembly | Introduced


Bill Title: Imposes strict liability on manufacturers, owners, and operators of unmanned motor vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-16 - REFERRED TO TRANSPORTATION [S01822 Detail]

Download: New_York-2019-S01822-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1822
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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  Assem-
        bly, do enact as follows:
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 389 to read as follows:
     3    § 389. Strict liability for manufacturers, owners,  and  operators  of
     4  unmanned  motor  vehicles. 1. Every manufacturer, owner, and operator of
     5  unmanned motor vehicles used or operated in this  state  shall  be  held
     6  strictly liable and responsible for death or injuries to person or prop-
     7  erty  resulting from the use or operation of such vehicle in this state,
     8  in the business of such owner or otherwise, by any person using or oper-
     9  ating the same with the permission, express or implied, of  such  owner.
    10  Whenever  any  unmanned motor vehicles shall be used in combination with
    11  one another, by attachment or tow, the person using or operating any one
    12  vehicle shall, for the purposes of this section, be deemed to  be  using
    13  or  operating  each  vehicle  in the combination, and the owners thereof
    14  shall be jointly and severally liable hereunder.
    15    2. As used in this section, "unmanned motor vehicle"  means  a  "motor
    16  vehicle", as defined in section one hundred twenty-five of this chapter,
    17  except  fire and police vehicles, "semitrailer" and "trailer" as defined
    18  in article one of this chapter, and all flying vehicles, whether or  not
    19  such  vehicles are used or operated upon a public highway, that does not
    20  carry a human operator.
    21    3. As used in this section, "owner" shall be as defined in section one
    22  hundred twenty-eight of this chapter  and  their  liability  under  this
    23  section  shall  be  joint  and  several.  If  a  vehicle is sold under a
    24  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

        S. 1822                             2
     1  favor of the vendor, such vendor or his assignee shall not, after deliv-
     2  ery  of  such  vehicle, be deemed an owner within the provisions of this
     3  section, but the vendee, or his assignee, receiving possession  thereof,
     4  shall  be  deemed such owner notwithstanding the terms of such contract,
     5  until the vendor or his assignee shall retake possession of  such  vehi-
     6  cle.  A secured party in whose favor there is a security interest in any
     7  vehicle out of his possession, shall not be deemed an owner  within  the
     8  provisions of this section.
     9    4.  As  used  in  this section, "manufacturer" shall be defined as any
    10  person or business entity engaged in manufacturing or producing unmanned
    11  motor vehicles.
    12    5. As used in this section, "operator" shall be defined as any  person
    13  who has control over the unmanned motor vehicle.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.
feedback