New York S 4875: Requires manufacturers to provide access to motor vehicle data to motor vehicle owners and designees

Bill Text

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S04875 Summary:

BILL NOS04875 

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SAME ASNo Same As

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Add §198-d, Gen Bus L

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Requires manufacturers to provide access to motor vehicle data to motor vehicle owners and designees; provides certain exceptions; repeals upon enactment of similar federal legislation.

Go to top S04875 Actions:

BILL NOS04875 

&nbsp

02/13/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS04875 Committee&nbspVotes:

Go to topS04875 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04875 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4875

 2025-2026 Regular Sessions

 IN SENATE

 February 13, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to access to motor
 vehicle data by the owner or designee of a motor vehicle

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 198-d to read as follows:
 3 § 198-d. Access to motor vehicle data. (a) As used in this section:
 4 (1) "Access to motor vehicle data" means direct, in-vehicle, real-
 5 time, intelligible and bi-directional accessibility to motor vehicle
 6 data, including but not limited to connected vehicle data and access to
 7 electronic control units, through a technology-neutral, standards-based,
 8 cybersecure interface which may include, but is not limited to, a wired
 9 onboard diagnostics port or a wireless connection; such interface shall
 10 permit the operation of an open application programming interface that
 11 enables a motor vehicle owner or user authorized by the motor vehicle
 12 owner to redirect data to a third party authorized by the motor vehicle
 13 owner or erase any and all data that the motor vehicle owner or user
 14 directly or electronically inputs into the motor vehicle.
 15 (2) "Cybersecure interface" means an interface that provides both
 16 secure interoperability and access to motor vehicle data between a motor
 17 vehicle and the motor vehicle's owner.
 18 (3) "Motor vehicle data" means all data generated, or generated and
 19 retained, by the operation of a motor vehicle including but not limited
 20 to vehicle characteristics including but not limited to make and model,
 21 vehicle build sheet information, data collected by onboard sensors
 22 including but not limited to odometer, accelerometer, malfunction indi-
 23 cators, crash or collision indicators, as well as advanced driving
 24 assistance systems including but not limited to adaptive cruise control,
 25 automatic following distance control, automatic emergency braking, lane
 26 departure correction, and other autonomous/assisted driving features,
 27 and additional contextual and/or environmental data obtained by the
 28 vehicle including but not limited to GPS and/or location, time of day,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09390-01-5

 S. 4875 2

 1 road conditions, vehicle following distance, usage of onboard enter-
 2 tainment systems.
 3 (4) "Owner" means:
 4 (i) a person with an ownership or contracted beneficial interest in a
 5 motor vehicle; or
 6 (ii) the lessee of a motor vehicle under a lease agreement of a term
 7 not less than one hundred eighty days and shall include the designee of
 8 a motor vehicle owner.
 9 (5) "Person" shall mean an individual, trust, estate, partnership,
 10 association, company, or corporation.
 11 (b) A manufacturer shall provide access to motor vehicle data, wherev-
 12 er stored, of the same quality as is available to the data holder, to
 13 the owner and to any third party designees of the motor vehicle owner,
 14 without undue delay, free of charge, of the same quality as is available
 15 to the data holder, without any restriction or limitations including,
 16 but not limited to, a fee or license to decrypt motor vehicle data or a
 17 requirement to use a device provided by the manufacturer to access and
 18 use motor vehicle data,