New York Assembly Bill A04630 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4630 2023-2024 Regular Sessions  IN ASSEMBLY February 21, 2023 ___________ Introduced by M. of A. MCGOWAN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to allowing an operator of a motor vehicle to display or provide such operator's certificate of registration in electronic form The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 401 of the vehicle and traffic 2 law, as amended by chapter 132 of the laws of 1986, is amended to read 3 as follows: 4 4. Carrying certificate of registration. (a) Any magistrate, motor 5 vehicle inspector, peace officer, acting pursuant to his or her special 6 duties, or police officer may request that the operator of any motor 7 vehicle produce for inspection the certificate of registration for such 8 vehicle and such operator shall furnish to such magistrate, inspector, 9 peace officer or police officer any information necessary for the iden- 10 tification of such vehicle and its owner, and all information required 11 concerning his or her license to operate, if he or she is required by 12 law to have such a license, and shall, if required, sign his or her name 13 in the presence of such magistrate, inspector, peace officer or police 14 officer as a further means of identification. The production of a 15 license to a magistrate, inspector, peace officer or police officer 16 shall be prima facie evidence in a prosecution for a violation of any 17 provision of this chapter, other than section three hundred ninety-two 18 of this chapter, that the person who so produced the license is the 19 person identified on such license. Provided, however, that a photostatic 20 copy of the certificate of registration may be produced in lieu of the 21 original certificate. Provided, further, that such certificate of 22 registration may be displayed or provided in either paper or electronic 23 form. For the purposes of this section, "electronic form" means the 24 display of images on an electronic device, such as a cellular telephone, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09382-01-3 
 A. 4630 2 1 tablet, or computer. The use of a cellular telephone, tablet, computer, 2 or any other electronic device to display such certificate of registra- 3 tion shall not constitute consent for a magistrate, motor vehicle 4 inspector, peace officer, acting pursuant to his or her special duties, 5 or police officer to access any other contents on such cellular tele- 6 phone, tablet, computer or other electronic device. Any magistrate, 7 motor vehicle inspector, peace officer, acting pursuant to his or her 8 special duties, or police officer presented with an electronic device 9 pursuant to this subdivision shall be immune from any liability result- 10 ing from damage to the device. If a vehicle does not have affixed a 11 validating sticker which indicates the plate number, the vehicle iden- 12 tification number and the expiration date of the registration, the fail- 13 ure to produce the certificate of registration, or a photostatic copy of 14 such certificate, or an electronic form of such certificate, shall be 15 presumptive evidence of operating a motor vehicle or trailer which is 16 not registered as required by this article. 17 (b) The commissioner shall promulgate such regulations as are neces- 18 sary to effectuate the provisions of this subdivision, which shall 19 include but not be limited to providing for an electronic form for the 20 display of registration certificates pursuant to paragraph (a) of this 21 subdivision. 22 § 2. This act shall take effect on the ninetieth day after it shall 23 have become a law. Effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized to be made and completed 26 on or before such effective date.