NY Ins L § 2336 (2021)
2021 New York Laws ISC - Insurance Article 23 - Property/casualty Insurance Rates 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, 2022   * (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, 2022   * (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, 2023  (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.