BILL NUMBER: S5415
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to imposing
strict liability on manufacturers, owners, and operators of unmanned
motor vehicles
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would hold manufacturers, owners and operators of
unmanned motor vehicles, including unmanned aircraft systems (commonly
known as drones), strictly responsible for death or injuries sustained
to a person or property as a result of the use or operation of such
vehicle in the State.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the vehicle and traffic law by adding a new
section 389 to provide:
1. Strict liability for manufacturers, owners, and operators of unmanned
motor vehicles used or operated in the state for death or injuries to
person or property resulting from the use or operation of such vehicle
in the state.
2. As used in this section, "unmanned motor vehicle" means a "motor
vehicle" as defined in section 125 of this chapter, except fire and
police vehicles, "semitrailer" and "trailer" as defined in article 1 of
this chapter, and all flying vehicles, whether or not such vehicles are
used or operated on a public highway, that does not carry a human opera-
tor.
3. As used in this section, "owner" shall be as defined in section 128
of this chapter and liability shall be joint and several. A secured
party, who has a security interest in any vehicle not in his possession,
shall not be deemed an owner within the provisions of this section.
4. As used in this section, "manufacturer" shall be defined as any
person or business entity engaged in the manufacturing or producing of
unmanned motor vehicles.
5. As used in this section, "operator" shall be defined as any person
who has control over the unmanned motor vehicle.
Section 2 is the effective date.
 
JUSTIFICATION:
Unmanned vehicles and self-driving cars have captured the public's
attention and prototypes are being developed by many of the major car
companies. Unmanned aircraft systems, often referred to as drones, are
already used in commerce and for recreational purposes. Despite the many
advantages that this innovative technology may provide, there will
undoubtedly still be accidents that occur. This legislation will protect
individuals harmed by unmanned motor vehicles, including drones, by
holding manufacturers, owners, and operators strictly liable for deaths,
personal injuries and property damages caused by these vehicles while
being operated in the State.
 
LEGISLATIVE HISTORY:
2024: S.4106 - Referred to Transportation
2023: S.4106 - Referred to Transportation
2022: S.4590 - Referred to Transportation/A.2046 - Referred to Transpor-
tation
2021: S.4590 - Referred to Transportation/A.2046 - Referred to Transpor-
tation
2020: S.1822- Referred to Transportation/A.3406 - Referred to Transpor-
tation
2019: S.1822- Referred to Transportation/A.3406 - Referred to Transpor-
tation
2018: S.7360-Referred to Transportation /A.7243 - Referred to Transpor-
tation
2017: A.7243- Referred to Transportation
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law.