2023 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, 2026
* (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, 2026
* (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.