§ 399-CCCCC — Connected vehicle service; domestic violence victims

New York § 399-CCCCC

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

§ 399-ccccc. Connected vehicle service; domestic violence victims. 1.\nFor the purposes of this section, the terms: (a) "connected vehicle\nservice" shall mean any technology that enables a person, other than the\ndriver or a covered provider, to track the location of, control any\noperation of, or obtain or share data from the vehicle including, but\nnot limited to, a global positioning system (GPS) that tracks the\nlocation of the vehicle or an app-based technology that controls any\noperation of the vehicle; and\n (b) "covered provider" shall mean a vehicle manufacturer or an entity\nacting on behalf of the vehicle manufacturer that provides any connected\nvehicle service.\n 2. (a) A covered provider operating in this state shall, within two\nbusiness days after receiving a request by a driver who meets the\nrequirements of subdivision three of this section, terminate an\nindividual's access to any connected vehicle service.\n (b) Upon a showing that termination of an individual's access to\nconnected vehicle service is technologically infeasible, such covered\nprovider shall promptly notify a driver seeking relief of such technical\ninfeasibility and provide potential alternatives including, but not\nlimited to, informing the driver on how to disable or modify the\nsettings for a connected vehicle service manually.\n 3. (a) A request by a driver that a covered provider terminate an\nindividual's access to connected vehicle service shall include the\nfollowing information:\n (i) vehicle identification number (VIN);\n (ii) proof of such driver's legal possession of a vehicle which may be\nestablished by providing the vehicle title, the vehicle title paired\nwith a lease agreement in the driver's name, a court order awarding sole\npossession or ownership of a vehicle to such driver, proof of marriage\nof the driver and the owner of the car at the time the car was bought or\nleased, or such other proof as determined by the commissioner of motor\nvehicles in conjunction with the office for the prevention of domestic\nviolence; and\n (iii) a written attestation that the person making such request is a\nvictim of domestic violence, as defined in section four hundred\nfifty-nine-a of the social services law.\n (b) A covered provider shall not require a driver to provide any\ninformation other than what is required by paragraph (a) of this\nsubdivision.\n (c) Any information provided by a driver under paragraph (a) of this\nsubdivision shall be treated as confidential and securely disposed of no\nlater than ninety days after processing the request. Nothing in this\nparagraph shall prohibit a covered provider from maintaining a record\nthat verifies an application to terminate a connected vehicle service\nwas completed.\n (d) Nothing in this section shall prohibit a driver from seeking\nrelief under the family court act, and the domestic relations law.\n 4. A covered provider shall notify a driver seeking relief under\nsubdivision two of this section, in clear and accessible language, that\nsuch covered provider may contact the driver, or the designated\nrepresentative of the driver, to confirm an individual's access to the\nconnected vehicle services has been terminated.\n ** 5. A covered provider shall, absent a showing of technological\ninfeasibility, provide a notification inside of a vehicle that is\ninstalled with any connected vehicle service that shows when such\nservice is enabled and inform the driver on how to disable or modify the\nsettings for a connected vehicle service.\n ** NB Effective July 1, 2026 for vehicles manufactured prior to\nJanuary 1, 2028 and Effective January 1, 2028 for vehicles manufactured\non or after January 1, 2028 that have connected vehicle service\n 6. A covered provider shall provide information on its internet\nwebsite and vehicle internet applications, in clear and accessible\nlanguage, on the process of terminating a person's access to connected\nvehicle service, including, but not limited to, the information required\npursuant to paragraph (a) of subdivision three of this section.\n 7. The office for the prevention of domestic violence shall develop\neducational materials and resources on accessing this service and make\nsuch information available on their website.\n 8. A covered provider shall not charge a driver a fee for completing a\nrequest to terminate connected vehicle services pursuant to this\nsection.\n 9. A covered provider who fails to comply with the requirements of\nthis section shall be assessed a civil penalty not to exceed five\nhundred dollars per violation.\n 10. A covered provider and any officer, director, employee, vendor or\nagent thereof shall not be subject to liability for any claims arising\nfrom an action taken necessary for compliance with this section, except\nas provided in this section.\n