N.Y. Insurance Law § 2336: Motor vehicle liability, comprehensive and collision insurance rates; premium reductions in certain cases

§ 2336. Motor vehicle liability, comprehensive and collision insurance

rates; premium reductions in certain cases. * (a) (1) Any schedule of

rates or rating plan for motor vehicle liability and collision insurance

submitted to the superintendent shall provide for an actuarially

appropriate reduction in premium charges for any insured for a three

year period after successfully completing a motor vehicle accident

prevention course, known as the national safety council's defensive

driving course, or any driver improvement course approved by the

department of motor vehicles as being equivalent to the national safety

council's defensive driving course, provided that, except as provided in

article twelve-C of the vehicle and traffic law, there shall be no

reduction in premiums for a self-instruction defensive driving course or

a course that does not provide for actual classroom instruction for a

minimum number of hours as determined by the department of motor

vehicles. Such reduction in premium charges shall be subsequently

modified to the extent appropriate, based upon analysis of loss

experience statistics and other relevant factors. All such accident

prevention courses shall be monitored by the department of motor

vehicles and shall include components of instruction in "Road Rage"

awareness and in "Work Zone Safety" awareness as defined by the

commissioner of motor vehicles. The provisions of this section shall not

apply to attendance at a program pursuant to article twenty-one of the

vehicle and traffic law as a result of any traffic infraction.

(2) Any insured who successfully completes a course pursuant to this

subsection and receives a premium reduction on the insured's insurance

policy covering the for-hire vehicle, shall not, during the period set

forth in subsection (e) of section two thousand three hundred

fifty-three of this article, also be eligible for an additional premium

reduction on the insured's commercial risk insurance policy covering the

for-hire motor vehicle for successful completion of the for-hire safety

motor vehicle course authorized under section two thousand three hundred

fifty-three of this article.

* NB Effective until April 1, 2028

* (a) (1) Any schedule of rates or rating plan for motor vehicle

liability and collision insurance submitted to the superintendent shall

provide for an actuarially appropriate reduction in premium charges for

any insured for a three year period after successfully completing a

motor vehicle accident prevention course, known as the national safety

council's defensive driving course, or any driver improvement course

approved by the department of motor vehicles as being equivalent to the

national safety council's defensive driving course, provided that in

either event there shall be no reduction in premiums for a

self-instruction defensive driving course or a course that does not

provide for actual classroom instruction for a minimum number of hours

as determined by the department of motor vehicles. Such reduction in

premium charges shall be subsequently modified to the extent

appropriate, based upon analysis of loss experience statistics and other

relevant factors. All such accident prevention courses shall be

monitored by the department of motor vehicles and shall include

components of instruction in "Road Rage" awareness and in "Work Zone

Safety" awareness as defined by the commissioner of motor vehicles. The

provisions of this section shall not apply to attendance at a program

pursuant to article twenty-one of the vehicle and traffic law as a

result of any traffic infraction.

(2) Any insured who successfully completes a course pursuant to this

subsection and receives a premium reduction on the insured's insurance

policy covering the for-hire vehicle, shall not, during the period set

forth in subsection (e) of section two thousand three hundred

fifty-three of this article, also be eligible for an additional premium

reduction on the insured's commercial risk insurance policy covering the

for-hire motor vehicle for successful completion of the for-hire safety

motor vehicle course authorized under section two thousand three hundred

fifty-three of this article.

* NB Effective April 1, 2028

* (b) Any schedule or rating plan for non-commercial private passenger

automobile insurance shall provide for an appropriate reduction in

premium charges for personal injury protection and medical payment

coverages with respect to any insured vehicle equipped with a passive

occupant restraint system for front-seat passengers. Such discount shall

apply to passive occupant restraint systems that meet applicable federal

or appropriate equivalent standards. With respect to vehicles other than

non-commercial private passenger automobiles, any schedule rating plan

shall include an appropriate premium credit which reflects the existence

of such a passive occupant restraint system.

* NB Expires July 1, 2026

(c) Any schedule or rating plan for non-commercial private passenger

automobile insurance shall also provide for an appropriate reduction in

premium charges for bodily injury liability, property damage liability,

personal injury protection, medical payment and collision coverages with

respect to automobiles equipped with factory installed anti-lock brakes,

or such other safety devices which the superintendent determines, after

a public hearing, may be expected to reduce losses for such coverages.

In determining the appropriate reductions, consideration shall be given

to other safety discounts that already apply to the coverages affected.

(d) Premium charge reductions made pursuant to the provisions of

subsection (a) of this section shall be effective upon issuance of a

certificate of completion to the insured and such premium charge

reduction shall be calculated from such completion date unless such

completion certificate is presented within forty-five days prior to the

renewal of the policy, in which case the insurer may elect to commence

the discount upon the first day of the new policy period for the full

term of statutory discount; provided, however, that if the certificate

of completion is not presented to the insurer within ninety days after

completion of the course the insurer may, at its discretion, apply the

premium discount from the date such certificate was presented rather

than the date of completion. A discount applied during a policy period

shall be prorated over the term of the policy.

(e) Any schedule or rating plan for non-commercial private passenger

automobile insurance shall provide for an appropriate reduction in

premium charges for comprehensive coverage with respect to any insured

vehicle equipped with an operational anti-theft and recovery device

consisting of an electronic homing device used in conjunction with a

participating police agency and using a radio frequency network

allocated by the Federal Communications Commission; provided, however,

that in no event shall the non-use of this device or any other

anti-theft device constitute grounds for an increase in policy premiums

or cancellations or non-renewal of a non-commercial private passenger

automobile insurance policy.

(f) (1) Any schedule or rating plan for non-commercial private

passenger automobile insurance shall provide for an appropriate

reduction in premium charges for comprehensive coverage with respect to

any insured vehicle equipped with window glass etched with the vehicle

identification number or any other unique identifying symbol. The term

"window glass" shall include not less than the windshield, door glass,

rear window, T-top and the moon/sun roof of the insured vehicle.

(2) In order to qualify for a comprehensive premium discount pursuant

to paragraph one of this subsection, the window glass etching performed

on vehicles on or after the effective date of this paragraph shall meet

the following standards:

(i) Etching shall be a vehicle identification number comprising

seventeen digits as mandated for all vehicles sold in the United States

pursuant to the United States Motor Vehicle Theft Act of 1984 or, if

approved by the superintendent, with a unique identifying symbol. The

windshield and rear window shall be etched within one inch from the

bottom and the windshield shall be etched in close proximity to the

vehicle identification number.

(ii) Etched indicia (numbers and letters of the seventeen digit

vehicle identification number), when utilizing the vehicle

identification number of the subject vehicle, shall be verified by input

through a computer program with a checking algorithm prior to being

etched onto any vehicle. In the event that a unique identifying symbol

is utilized, the vendor utilizing such symbol shall provide a toll-free

number to all vehicle owners, to be applied on vehicle window surface by

decal.

(iii) Etched indicia shall not be greater than one-third inch in

height nor less than one-eighth inch in height.

(iv) Auto glass etching shall be done by a laser, chemical process or

mechanical process. Products used to etch vehicles in compliance with

this section, whether comprising chemical or other methods of etching

window glass, shall be products within the marketplace which are

lawfully sold and delivered to consumers within New York state.

(v) Window etchings shall result in etched indicia within the surface

of vehicle window glass which are permanent and cannot be removed

without destroying the vehicle window. However, etching sufficient to

achieve permanent markings shall not exceed a depth in the surface of

the window which would affect the window's structural integrity.

(vi) A message line may be included below the etched vehicle

identification number which directs callers to a registry listing etched

vehicle identification numbers and unique identifying symbols for

assistance in reporting and identifying stolen vehicles.

(vii) Nothing in this paragraph shall relieve an insurer from

continuing to provide discounts pursuant to paragraph one of this

subsection for etching installed on window glass prior to the effective

date of this paragraph, notwithstanding any departure of such etchings

from the standards provided for pursuant to this paragraph.

(g) Any schedule or rating plan for non-commercial private passenger

automobile insurance shall also provide for an actuarially appropriate

reduction in premium charges for bodily injury liability, property

damage liability, personal injury protection, medical payments and

collision coverage with respect to automobiles equipped with factory

installed daytime running lamps (DRL).

(h) Any schedule or rating plan applicable to commercial risk

insurance for motor vehicles weighing in excess of ten thousand pounds

shall provide for an actuarially appropriate reduction in premium

charges for bodily injury liability, property damage liability, personal

injury protection, medical payments and collision coverage with respect

to such motor vehicles equipped with factory installed auxiliary running

lamps. Such lamps shall be designed to reduce accidents by increasing

vehicle visibility during the day and night. The superintendent shall,

after consulting with the departments of motor vehicles and

transportation, promulgate rules and regulations establishing the

qualifications and standards for the approval, utilization and

installation of such lamps.