Current through Register Vol. 46, No. 12, March 20, 2024
(a)
(1) Notwithstanding any other provision of
this Part, electronic insurance ID cards may be issued by an insurance company
if the insurance company chooses to issue electronic insurance ID cards, and
such electronic insurance ID cards shall be acceptable as proof of insurance in
the same manner as paper insurance ID cards that are authorized by this Part.
Such electronic proof of insurance must be capable of being displayed on a
portable electronic device, as defined in paragraph (a) of subdivision two of
section
1225-d of the Vehicle and Traffic Law.
Electronic insurance ID cards may not be issued: for temporary ID cards,
entities that are self-insured or for fleet transactions, dealers or
transporters, as set forth in section
32.13 of
this Part.
(2) If an insurance
company elects to issue electronic insurance ID cards, nothing in this section
shall be construed to require such company to issue electronic insurance ID
cards on portable electronic devices other than those that the insurance
company elects to utilize for this purpose and that meet the insurance
company's and the department's requirements for such issuance.
(3) A driver may temporarily surrender his or
her personal electronic device to law enforcement personnel for the purpose of
providing proof of insurance through an electronic insurance ID card. Such
temporary surrender shall cause the driver to give a limited consent for law
enforcement personnel to utilize the electronic device on which the electronic
insurance ID card is located for the purpose of obtaining information regarding
the status of the driver's insurance only. This shall not otherwise invalidate
any legally obtained warrant or consent to search as authorized by
law.
(b) Electronic
insurance ID cards must meet the requirements set forth in this Part that are
applicable to paper insurance ID cards, except as to those provisions which by
their nature can have no application. In no event shall an electronic insurance
ID card be issued unless it meets the requirements set forth in subdivision (c)
of this section.
(c)
Mandatory requirements. Each electronic insurance ID card
shall display the following information:
(1)
the title: NEW YORK STATE INSURANCE IDENTIFICATION CARD;
(2) DMV assigned insurance company code
(ICC);
(3) insurance company
name;
(4) name and address of the
insurance company that issued the electronic insurance ID card;
(5) name and address of the insured
registrant or insured registrants, if two individuals, printed in accordance
with the requirements set forth in this Part;
(6) policy number;
(7) effective date, including month (MM), day
(DD), year (YYYY) and time (12:01a.m.);
(8) expiration date, including month (MM),
day (DD), year (YYYY) and time (12:01a.m.);
(9) description of vehicle including year
(YYYY), make and an accurate and complete vehicle identification number
(VIN);
(10) the applicable
certification statement prescribed by section
32.9(e)
of this Part;
(11) other required
or permitted wording such as "REPLACEMENT VEHICLE", "HISTORICAL" or "TOW TRUCK"
as is appropriate;
(12) the
statement: "(Not acceptable to obtain registration after 45 days from effective
date)";
(13) a compliant encrypted
2D bar code produced in full accordance with the specifications prescribed by
this Part and DMV technical documentation; and
(14) the four statements required by section
32.9(f)
of this Part.
(d)
Additional information, including an insurance company's trademark or other
symbol, may be added to an ID card as long as it does not interfere with the
required information. No data, symbols background images, etc. shall appear in
the area reserved for printing a compliant encrypted 2D bar code.
(e)
Historical motor
vehicle. If the motor vehicle described on the ID card is to be
registered as an historical motor vehicle, the word HISTORICAL must be
displayed.
(f)
Tow
truck. If the motor vehicle described on the ID card is to be
registered as a tow truck, the words TOW TRUCK must be displayed.
(g)
Replacement vehicle.
(1) If the motor vehicle described on an
electronic insurance ID card is a replacement vehicle, the first issuance of
such ID card shall contain the notation "REPLACEMENT VEHICLE. The "REPLACEMENT
VEHICLE" notation shall appear on electronic insurance ID card.
(2) A registrant may apply for an original
registration upon surrender of registration items previously used for a
replaced vehicle and presentation of an electronic insurance ID card without a
"REPLACEMENT VEHICLE" notation.
(h) Nothing in this section shall be
construed to authorize an insurance company to issue an electronic insurance ID
card instead of a paper insurance ID card without the consent of the person or
entity named on such insurance ID card. Provided however, if the person
receiving an e-card has notified his or her insurance company that such person
wishes to receive a paper insurance ID card in addition to the electronic
insurance ID card, the insurance company must issue the insurance card to such
person in both the electronic and paper form.
