§ 2336 — Motor vehicle liability, comprehensive and collision insurance rates; premium reductions in certain cases

New York § 2336

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 23: Property/casualty Insurance Rates

Text

§ 2336. Motor vehicle liability, comprehensive and collision insurance\nrates; premium reductions in certain cases. * (a) (1) Any schedule of\nrates or rating plan for motor vehicle liability and collision insurance\nsubmitted to the superintendent shall provide for an actuarially\nappropriate reduction in premium charges for any insured for a three\nyear period after successfully completing a motor vehicle accident\nprevention course, known as the national safety council's defensive\ndriving course, or any driver improvement course approved by the\ndepartment of motor vehicles as being equivalent to the national safety\ncouncil's defensive driving course, provided that, except as provided in\narticle twelve-C of the vehicle and traffic law, there shall be no\nreduction in premiums for a self-instruction defensive driving course or\na course that does not provide for actual classroom instruction for a\nminimum number of hours as determined by the department of motor\nvehicles. Such reduction in premium charges shall be subsequently\nmodified to the extent appropriate, based upon analysis of loss\nexperience statistics and other relevant factors. All such accident\nprevention courses shall be monitored by the department of motor\nvehicles and shall include components of instruction in "Road Rage"\nawareness and in "Work Zone Safety" awareness as defined by the\ncommissioner of motor vehicles. The provisions of this section shall not\napply to attendance at a program pursuant to article twenty-one of the\nvehicle and traffic law as a result of any traffic infraction.\n (2) Any insured who successfully completes a course pursuant to this\nsubsection and receives a premium reduction on the insured's insurance\npolicy covering the for-hire vehicle, shall not, during the period set\nforth in subsection (e) of section two thousand three hundred\nfifty-three of this article, also be eligible for an additional premium\nreduction on the insured's commercial risk insurance policy covering the\nfor-hire motor vehicle for successful completion of the for-hire safety\nmotor vehicle course authorized under section two thousand three hundred\nfifty-three of this article.\n * NB Effective until April 1, 2026\n * (a) (1) Any schedule of rates or rating plan for motor vehicle\nliability and collision insurance submitted to the superintendent shall\nprovide for an actuarially appropriate reduction in premium charges for\nany insured for a three year period after successfully completing a\nmotor vehicle accident prevention course, known as the national safety\ncouncil's defensive driving course, or any driver improvement course\napproved by the department of motor vehicles as being equivalent to the\nnational safety council's defensive driving course, provided that in\neither event there shall be no reduction in premiums for a\nself-instruction defensive driving course or a course that does not\nprovide for actual classroom instruction for a minimum number of hours\nas determined by the department of motor vehicles. Such reduction in\npremium charges shall be subsequently modified to the extent\nappropriate, based upon analysis of loss experience statistics and other\nrelevant factors. All such accident prevention courses shall be\nmonitored by the department of motor vehicles and shall include\ncomponents of instruction in "Road Rage" awareness and in "Work Zone\nSafety" awareness as defined by the commissioner of motor vehicles. The\nprovisions of this section shall not apply to attendance at a program\npursuant to article twenty-one of the vehicle and traffic law as a\nresult of any traffic infraction.\n (2) Any insured who successfully completes a course pursuant to this\nsubsection and receives a premium reduction on the insured's insurance\npolicy covering the for-hire vehicle, shall not, during the period set\nforth in subsection (e) of section two thousand three hundred\nfifty-three of this article, also be eligible for an additional premium\nreduction on the insured's commercial risk insurance policy covering the\nfor-hire motor vehicle for successful completion of the for-hire safety\nmotor vehicle course authorized under section two thousand three hundred\nfifty-three of this article.\n * NB Effective April 1, 2026\n * (b) Any schedule or rating plan for non-commercial private passenger\nautomobile insurance shall provide for an appropriate reduction in\npremium charges for personal injury protection and medical payment\ncoverages with respect to any insured vehicle equipped with a passive\noccupant restraint system for front-seat passengers. Such discount shall\napply to passive occupant restraint systems that meet applicable federal\nor appropriate equivalent standards. With respect to vehicles other than\nnon-commercial private passenger automobiles, any schedule rating plan\nshall include an appropriate premium credit which reflects the existence\nof such a passive occupant restraint system.\n * NB Expires July 1, 2026\n (c) Any schedule or rating plan for non-commercial private passenger\nautomobile insurance shall also provide for an appropriate reduction in\npremium charges for bodily injury liability, property damage liability,\npersonal injury protection, medical payment and collision coverages with\nrespect to automobiles equipped with factory installed anti-lock brakes,\nor such other safety devices which the superintendent determines, after\na public hearing, may be expected to reduce losses for such coverages.\nIn determining the appropriate reductions, consideration shall be given\nto other safety discounts that already apply to the coverages affected.\n (d) Premium charge reductions made pursuant to the provisions of\nsubsection (a) of this section shall be effective upon issuance of a\ncertificate of completion to the insured and such premium charge\nreduction shall be calculated from such completion date unless such\ncompletion certificate is presented within forty-five days prior to the\nrenewal of the policy, in which case the insurer may elect to commence\nthe discount upon the first day of the new policy period for the full\nterm of statutory discount; provided, however, that if the certificate\nof completion is not presented to the insurer within ninety days after\ncompletion of the course the insurer may, at its discretion, apply the\npremium discount from the date such certificate was presented rather\nthan the date of completion. A discount applied during a policy period\nshall be prorated over the term of the policy.\n (e) Any schedule or rating plan for non-commercial private passenger\nautomobile insurance shall provide for an appropriate reduction in\npremium charges for comprehensive coverage with respect to any insured\nvehicle equipped with an operational anti-theft and recovery device\nconsisting of an electronic homing device used in conjunction with a\nparticipating police agency and using a radio frequency network\nallocated by the Federal Communications Commission; provided, however,\nthat in no event shall the non-use of this device or any other\nanti-theft device constitute grounds for an increase in policy premiums\nor cancellations or non-renewal of a non-commercial private passenger\nautomobile insurance policy.\n (f) (1) Any schedule or rating plan for non-commercial private\npassenger automobile insurance shall provide for an appropriate\nreduction in premium charges for comprehensive coverage with respect to\nany insured vehicle equipped with window glass etched with the vehicle\nidentification number or any other unique identifying symbol. The term\n"window glass" shall include not less than the windshield, door glass,\nrear window, T-top and the moon/sun roof of the insured vehicle.\n (2) In order to qualify for a comprehensive premium discount pursuant\nto paragraph one of this subsection, the window glass etching performed\non vehicles on or after the effective date of this paragraph shall meet\nthe following standards:\n (i) Etching shall be a vehicle identification number comprising\nseventeen digits as mandated for all vehicles sold in the United States\npursuant to the United States Motor Vehicle Theft Act of 1984 or, if\napproved by the superintendent, with a unique identifying symbol. The\nwindshield and rear window shall be etched within one inch from the\nbottom and the windshield shall be etched in close proximity to the\nvehicle identification number.\n (ii) Etched indicia (numbers and letters of the seventeen digit\nvehicle identification number), when utilizing the vehicle\nidentification number of the subject vehicle, shall be verified by input\nthrough a computer program with a checking algorithm prior to being\netched onto any vehicle. In the event that a unique identifying symbol\nis utilized, the vendor utilizing such symbol shall provide a toll-free\nnumber to all vehicle owners, to be applied on vehicle window surface by\ndecal.\n (iii) Etched indicia shall not be greater than one-third inch in\nheight nor less than one-eighth inch in height.\n (iv) Auto glass etching shall be done by a laser, chemical process or\nmechanical process. Products used to etch vehicles in compliance with\nthis section, whether comprising chemical or other methods of etching\nwindow glass, shall be products within the marketplace which are\nlawfully sold and delivered to consumers within New York state.\n (v) Window etchings shall result in etched indicia within the surface\nof vehicle window glass which are permanent and cannot be removed\nwithout destroying the vehicle window. However, etching sufficient to\nachieve permanent markings shall not exceed a depth in the surface of\nthe window which would affect the window's structural integrity.\n (vi) A message line may be included below the etched vehicle\nidentification number which directs callers to a registry listing etched\nvehicle identification numbers and unique identifying symbols for\nassistance in reporting and identifying stolen vehicles.\n (vii) Nothing in this paragraph shall relieve an insurer from\ncontinuing to provide discounts pursuant to paragraph one of this\nsubsection for etching installed on window glass prior to the effective\ndate of this paragraph, notwithstanding any departure of such etchings\nfrom the standards provided for pursuant to this paragraph.\n (g) Any schedule or rating plan for non-commercial private passenger\nautomobile insurance shall also provide for an actuarially appropriate\nreduction in premium charges for bodily injury liability, property\ndamage liability, personal injury protection, medical payments and\ncollision coverage with respect to automobiles equipped with factory\ninstalled daytime running lamps (DRL).\n (h) Any schedule or rating plan applicable to commercial risk\ninsurance for motor vehicles weighing in excess of ten thousand pounds\nshall provide for an actuarially appropriate reduction in premium\ncharges for bodily injury liability, property damage liability, personal\ninjury protection, medical payments and collision coverage with respect\nto such motor vehicles equipped with factory installed auxiliary running\nlamps. Such lamps shall be designed to reduce accidents by increasing\nvehicle visibility during the day and night. The superintendent shall,\nafter consulting with the departments of motor vehicles and\ntransportation, promulgate rules and regulations establishing the\nqualifications and standards for the approval, utilization and\ninstallation of such lamps.\n