2006 New York Code - 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) Any schedule of rates
  or  rating  plan  for  motor  vehicle  liability and collision insurance
  submitted  to  the  superintendent  shall  provide  for  an  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 which 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.
    * NB  Repealed  five years after the date that the accident prevention
  course internet, and other technology pilot program is  established  and
  implemented  by  the  commissioner of motor vehicles pursuant to article
  12-C of the vehicle and traffic law
    * (a) Any schedule of rates or rating plan for motor vehicle liability
  and collision insurance submitted to the  superintendent  shall  provide
  for  an  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 which 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.
    * NB Effective five years after the date that the accident  prevention
  course  internet,  and other technology pilot program is established and
  implemented by the commissioner of motor vehicles  pursuant  to  article
  12-C of the vehicle and traffic law
    * (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, 2006
    (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.