New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter III - Policy and Certificate Provisions
Subchapter B - Property and Casualty Insurance
Part 67 - Underwriting Inspection Requirement for Private Passenger Automoblies
Section 67.0 - Preamble and Plan of Operation Filing

(a) This Part implements Insurance Law section 3411 by establishing inspection requirements applicable to the issuance and renewal of insurance policies providing private passenger automobile physical damage insurance. Chapter 638 of the Laws of 2023 amended Insurance Law section 3411 to permit an insurer to waive the right to such inspection.

(b) Unless an insurer has filed with the superintendent a statement waiving its right to inspections for all automobiles, it shall be the responsibility of every insurer that issues and delivers automobile physical damage insurance in this State and of the New York Automobile Insurance Plan ("NYAIP") to establish and maintain inspection procedures that fully comply with section 3411, as implemented by the provisions of this Part. Each such insurer and the NYAIP shall file with the superintendent a statement describing in detail its plan of operation for establishing and adequately maintaining an inspection system. If an insurer wishes to waive its right to such an inspection for some automobiles, then the insurer shall submit to the superintendent a revised plan of operation that specifies the automobiles that are subject to inspection and those automobiles for which the insurer is waiving the inspection. Any amendments to the plan of operation shall take effect upon filing with the superintendent. Failure to adhere to the provisions of section 3411 and this Part shall subject the violator to the penalty provisions of the Insurance Law, including section 3411(n).