New York § 399-CCCCC - 399-CCCCCConnected vehicle service; domestic violence victims

§ 399-CCCCC. 399-CCCCCConnected vehicle service; domestic violence victims

§ 399-ccccc. Connected vehicle service; domestic violence victims. 1. For the purposes of this section, the terms: (a) "connected vehicle service" shall mean any technology that enables a person, other than the driver or a covered provider, to track the location of, control any operation of, or obtain or share data from the vehicle including, but not limited to, a global positioning system (GPS) that tracks the location of the vehicle or an app-based technology that controls any operation of the vehicle; and (b) "covered provider" shall mean a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides any connected vehicle service. 2. (a) A covered provider operating in this state shall, within two business days after receiving a request by a driver who meets the requirements of subdivision three of this section, terminate an individual's access to any connected vehicle service. (b) Upon a showing that termination of an individual's access to connected vehicle service is technologically infeasible, such covered provider shall promptly notify a driver seeking relief of such technical infeasibility and provide potential alternatives including, but not limited to, informing the driver on how to disable or modify the settings for a connected vehicle service manually. 3. (a) A request by a driver that a covered provider terminate an individual's access to connected vehicle service shall include the following information: (i) vehicle identification number (VIN); (ii) proof of such driver's legal possession of a vehicle which may be established by providing the vehicle title, the vehicle title paired with a lease agreement in the driver's name, a court order awarding sole possession or ownership of a vehicle to such driver, proof of marriage of the driver and the owner of the car at the time the car was bought or leased, or such other proof as determined by the commissioner of motor vehicles in conjunction with the office for the prevention of domestic violence; and (iii) a written attestation that the person making such request is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law. (b) A covered provider shall not require a driver to provide any information other than what is required by paragraph (a) of this subdivision. (c) Any information provided by a driver under paragraph (a) of this subdivision shall be treated as confidential and securely disposed of no later than ninety days after processing the request. Nothing in this paragraph shall prohibit a covered provider from maintaining a record that verifies an application to terminate a connected vehicle service was completed. (d) Nothing in this section shall prohibit a driver from seeking relief under the family court act, and the domestic relations law. 4. A covered provider shall notify a driver seeking relief under subdivision two of this section, in clear and accessible language, that such covered provider may contact the driver, or the designated representative of the driver, to confirm an individual's access to the connected vehicle services has been terminated. ** 5. A covered provider shall, absent a showing of technological infeasibility, provide a notification inside of a vehicle that is installed with any connected vehicle service that shows when such service is enabled and inform the driver on how to disable or modify the settings for a connected vehicle service. ** NB Effective July 1, 2026 for vehicles manufactured prior to January 1, 2028 and Effective January 1, 2028 for vehicles manufactured on or after January 1, 2028 that have connected vehicle service 6. A covered provider shall provide information on its internet website and vehicle internet applications, in clear and accessible language, on the process of terminating a person's access to connected vehicle service, including, but not limited to, the information required pursuant to paragraph (a) of subdivision three of this section. 7. The office for the prevention of domestic violence shall develop educational materials and resources on accessing this service and make such information available on their website. 8. A covered provider shall not charge a driver a fee for completing a request to terminate connected vehicle services pursuant to this section. 9. A covered provider who fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed five hundred dollars per violation. 10. A covered provider and any officer, director, employee, vendor or agent thereof shall not be subject to liability for any claims arising from an action taken necessary for compliance with this section, except as provided in this section.