2006 New York Code - Registration Of Motor Vehicles.



 
    § 312. Registration of motor vehicles. * 1. (a) No motor vehicle shall
  be registered in this state unless the application for such registration
  is  accompanied  by proof of financial security which shall be evidenced
  by proof of insurance or  evidence  of  a  financial  security  bond,  a
  financial  security  deposit  or  qualification  as a self-insurer under
  section three  hundred  sixteen  of  this  article;  provided  that,  if
  directed by regulation of the commissioner, upon renewal of registration
  an  application  accompanied by a certificate of registration or renewal
  stub in force immediately preceding the date of application for renewal,
  together with a statement in  a  form  prescribed  by  the  commissioner
  certifying  that  there  is in effect proof of financial security, shall
  meet the requirements of this section. Upon the issuance or renewal of a
  private passenger automobile insurance policy subject to the  provisions
  of section three thousand four hundred twenty-five of the insurance law,
  the  insurance  company  shall provide the insured with an informational
  statement outlining the legal and financial consequences of  convictions
  under  section  one  thousand  one  hundred  ninety-two of this chapter,
  pertaining to operating a motor vehicle while  under  the  influence  of
  alcohol  or  drugs.  Such  informational  statement  shall  specifically
  include the relationship between body weight, alcohol  consumption  rate
  and  the amount of alcohol consumed after which persons are deemed to be
  in violation of section eleven hundred ninety-two of this  chapter.  The
  insurance  company  shall also provide the insured with an informational
  statement declaring that the insurer may exclude  from  coverage  anyone
  injured as a result of operating a motor vehicle while in an intoxicated
  condition  or  while  his ability to operate such vehicle is impaired by
  the use  of  a  drug  within  the  meaning  of  section  eleven  hundred
  ninety-two of this chapter, as provided for in section five thousand one
  hundred  three  of the insurance law. Such information shall be supplied
  to the company by the state insurance department  in  consultation  with
  the commissioner.
    (b)  The owner of such motor vehicle shall maintain proof of financial
  security continuously throughout the registration period and his failure
  to produce proof of financial security when  requested  to  do  so  upon
  demand  of  a magistrate, motor vehicle inspector, peace officer, acting
  pursuant to his special duties, or police officer, while such vehicle is
  being operated upon the public highway, shall be presumptive evidence of
  operating a motor vehicle without proof of financial security. Upon  the
  production  of  proof of financial security such presumption is removed.
  Production of proof of financial security may be made  by  mailing  such
  proof  to the court having jurisdiction in the matter, and any necessary
  response by such court or acknowledgement  of  the  production  of  such
  proof may also be made by mail. When insurance with respect to any motor
  vehicle,  other  than  a  motorcycle,  is  terminated  the  owner  shall
  surrender forthwith his registration certificate and  number  plates  of
  the  vehicle  to  the  commissioner  unless  proof of financial security
  otherwise is maintained in compliance with this article.
    * NB Repealed June 30, 2007
    * 1. No motor vehicle shall be registered in  this  state  unless  the
  application  for  such registration is accompanied by proof of financial
  security which shall be evidenced  by  a  certificate  of  insurance  or
  evidence  of  a financial security bond, a financial security deposit or
  qualification as a self-insurer under  section  three  hundred  sixteen;
  provided  that upon renewal of registration with respect to registration
  years commencing on or after January first, nineteen hundred fifty-eight
  an application accompanied by a certificate of registration  or  renewal
  stub in force immediately preceding the date of application for renewal,
  together  with  a statement by the applicant certifying that there is in
  effect proof of financial security, shall meet the requirements of  this
  section.
    The  owner  of  such  motor  vehicle shall maintain proof of financial
  security continuously throughout the registration period and his failure
  to produce either the certificate  of  registration  or  such  proof  of
  financial  security when requested to do so upon demand of a magistrate,
  motor vehicle inspector, peace officer, acting pursuant to  his  special
  duties, or police officer, while such vehicle is being operated upon the
  public  highway,  shall  be  presumptive  evidence  of operating a motor
  vehicle without proof of financial  security.  Upon  the  production  of
  either  the  certificate  of registration or proof of financial security
  such presumption is removed. When insurance with respect  to  any  motor
  vehicle  is  terminated  by  cancellation  or failure to renew the owner
  shall surrender forthwith his registration certificate and number plates
  of the vehicle to the commissioner unless proof  of  financial  security
  otherwise is maintained in compliance with this article.
    * NB Effective June 30, 2007
    2.  No  financial  security bond shall be accepted by the commissioner
  unless it is conditioned for payments in amount and under the same terms
  and conditions as are  required  for  an  owner's  policy  of  liability
  insurance.
    3. No financial security deposit shall be accepted by the commissioner
  except  in  accordance  with  the  provisions  of  section three hundred
  fourteen.
    4. The commissioner is  hereby  authorized  to  promulgate  reasonable
  regulations  to  provide effective administration and enforcement of the
  provisions of this article in accordance with the purposes thereof.
    5. Notwithstanding any inconsistent provisions of  this  article,  the
  commissioner may by regulation, in lieu of the provisions of subdivision
  one  requiring  the submission of a certificate of insurance or evidence
  of a financial security bond, require that an  insurance  identification
  card be presented each time a vehicle is registered or a registration is
  renewed in this state.

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