Current through Register Vol. 46, No. 12, March 20, 2024
(a) New
application.
(1) Definition. An original
application to the NYAIP for a vehicle that may or may not be currently
registered in the applicant's name in New York State.
(2) The producer of record may issue
distinctive temporary NYAIP ID cards (FS-75) showing that the ID cards are
issued in the name of the NYAIP on behalf of an insurer to be designated by the
plan. If the vehicle is currently registered in New York State in the
applicant's name, the registration name shall be used on the NYAIP application
and the FS-75 ID cards. If the vehicle is not currently registered in New York
State in the applicant's name, a name acceptable for registration purposes
shall be used on the NYAIP application and the FS-75 ID cards. Coverage shall
become effective upon the issuance of a legal registration by an issuing office
of the department OR as designated by the NYAIP in accordance with the rules of
the Plan. FS-75 ID cards shall consist of two identical documents to be used as
follows:
(i) one card shall be retained by the
applicant as a temporary ID card; and
(ii) if applicable, the other card shall be
submitted to the department with an application for registration. DMV shall
mail FS-75 ID cards to the plan indicating the date on which the registration
was issued.
(b) Existing policy- adding a motor vehicle.
(1) Definition. The applicant has motor
vehicle liability insurance in force through the NYAIP for another vehicle. A
vehicle which is not registered in the applicant's name in New York State but
will be registered in this State by the applicant is being added to an existing
policy.
(2) The producer of record
may follow one of two procedures after ascertaining from records that a policy
is in force. The producer may contact the insurer directly and the insurer
shall issue the required ID cards. Coverage shall become effective in
accordance with the provisions of the policy or 12:01 a.m. on the day following
the postmark date on the transmittal envelope, as affixed by the United States
Postal Service, except as may otherwise be provided for in the rules of the
plan. Alternatively, the producer may issue FS-75 ID cards which shall be
prepared to indicate that such ID cards are being issued in the name of the
NYAIP on behalf of an insurer already designated by the plan, or depending on
the timing, to be designated by the plan. FS-75 ID cards shall consist of two
identical documents to be used as follows:
(i)
one card shall be retained by the applicant as a temporary ID card;
and
(ii) the other card shall be
submitted to the department with an application for registration. DMV shall
mail FS-75 ID cards to the plan indicating the date on which the registration
was issued. Coverage shall be effective in accordance with the provisions of
the policy or upon the issuance of a legal registration by an issuing office of
the department or its agent, whichever occurs earlier.
(c) Existing policy- replacing or
adding a motor vehicle. Definition. The applicant has motor vehicle liability
insurance in force through the plan for another vehicle. At this time a vehicle
which is not registered in the applicant's name in New York State but will be
registered in this State by the applicant is replacing a vehicle on an existing
policy or is being added to a policy. The producer may issue FS-75 ID cards for
non-for hire (FH) motor vehicles only, which shall be prepared to indicate that
such ID cards have been issued in the name of the NYAIP on behalf of an insurer
already designated by the plan or, depending on the timing, to be designated by
the plan. FS-75 ID cards shall consist of two identical documents to be used as
follows:
(1) one card shall be retained by the
applicant as a temporary ID card; and
(2) the other card shall be submitted to the
department with an application for registration. DMV shall mail FS-75 ID cards
to the plan indicating the date on which the registration was issued. Coverage
shall be effective in accordance with the provisions of the policy OR upon the
issuance of a legal registration by an issuing office, agent of the department
or entity processing registration transactions under a Memorandum of
understanding with DMV, whichever occurs earlier.
(d) Other usage permitted.
(1) The producer of record may also use FS-75
ID cards for any of the following purposes:
(i) To replace an ID card that has been lost
or stolen.
(ii) To replace a
permanent ID card which was incorrectly issued by the assigned
insurer.
(iii) As a temporary
renewal ID card should the assigned insurer fail to issue the permanent ID card
prior to the inception of the renewal policy.
(iv) For a replacement vehicle immediately
after the filing of the application, using the plan's AIP case (assignment)
number, if available or if not available, then the FS-75's control
number.
(2) FS-75 ID
cards shall only be issued by certified NYAIP producers of record in full
compliance with the requirements of this Part and rules of the plan. Whenever a
producer of record issues a FS-75 ID card, such producer shall fully comply
with the data integrity requirements of this Part, properly identify whether ID
cards are issued for a new application or existing policy, provide all
available policy information for an existing policy and comply with all
issuance requirements set forth in this Part and in the rules of the plan.
Proof of identity and legal documentation required by section
32.4(e)
of this Part shall be provided to the certified NYAIP producer before a FS-75
ID card is issued by such producer.
(e) Specifications of temporary NYAIP ID
cards (FS-75). FS-75 ID cards shall meet all of the requirements set forth in
this Part. The following requirements are unique to FS-75 ID cards:
(1) Identification of a new application or an
existing policy as described in this section.
(2) Company code, name of company and policy
number if FS-75 ID card is issued for an existing policy.
(3) Certification statement: An authorized
New York insurer will issue a policy of liability insurance in accordance with
the provisions of the New York Automobile Insurance Plan complying with article
6 of the New York Vehicle and Traffic Law.
(4) Check boxes for tow truck and in-transit
permit.
(5) Narrative checkbox
information on the effective date of insurance coverage and other NYAIP
verbiage as shown in section
32.16 of
this Part.
(6) Case number or other
control number used by the NYAIP.
(7) Preparation date. The date that the
FS-75-ID card is issued by a certified producer as prescribed by rules of the
plan. Nothing herein shall preclude the NYAIP from implementing an ID card
issuance system for use by certified producers whereby all FS-75 ID cards
identify an authorized insurance company designated by the NYAIP and provide
both an effective and expiration date of coverage.
(f) Acceptability of temporary NYAIP ID cards
(FS-75). FS-75 ID cards issued in full compliance with provisions of this Part
and rules of the plan are acceptable by the Department for registration
purposes only. Such FS-75 ID cards are not acceptable as proof of insurance in
response to an inquiry letter or any suspension or revocation order issued by
the department. A permanent ID card issued by the assigned insurer shall be
submitted to the department by the registrant for all insurance transactions.
FS-75 ID cards meeting all of the requirements set forth in this Part that
additionally identify an authorized insurance company designated by the NYAIP
and provide both an effective and expiration date of coverage are acceptable by
the department for registration and insurance transactions.
(g) Permanent for-hire ID cards (FH-1) may be
issued solely by the central office of the NYAIP and shall provide all required
information specified by this Part including effective and expiration dates as
designated by the department, assigned insurance company name three digit
insurance company code and policy number which can be electronically verified
by the designated insurer. Compliant FH-1 ID cards directly issued by the NYAIP
are acceptable for both registration and insurance processing purposes by the
department. There are no special provisions applicable to the NYAIP's issuance
of FH-1 ID cards.
(h) Miscellaneous
provisions.
(1) FS-75 ID cards issued by
certified producers and FH-1 ID cards directly issued by the NYAIP must be
vehicle specific.
(2) FH-1 ID cards
shall not be issued by certified producers on behalf of the plan.
(3) Separate FS-75, FS-76 and FS-77 ID cards
previously combined into a single FS-75/FS-76/FS-77 ID card are now a FS-75 ID
card.
(4) FS-75 ID cards expire 60
days after the preparation or effective date, as applicable.
(5) FS-75 ID cards are valid for registration
for 45 days from the preparation or effective date, as applicable.
(h) Temporary NYAIP ID card
(FS-75) (see: Section
32.16 of
this Part.)
