Current through Register Vol. 46, No. 12, March 20, 2024
(a) Articles 6 and
8 of the Vehicle and Traffic Law provide that the commissioner shall be
notified by insurance companies of certain transactions related to motor
vehicle liability insurance coverage with respect to motor vehicles registered
in New York State for which an insurance ID card or insurance certificate has
been issued by, or on behalf of, an insurance company. Except as provided for
in section
34.10
of this Part, notices submitted to the commissioner shall include vehicle level
and other information required by this Part. As used herein,
department or DMV shall refer to the New York
State Department of Motor Vehicles and commissioner shall
refer to the commissioner of the New York State Department of Motor
Vehicles.
(b) Notices shall be
transmitted to the commissioner except as provided for in subdivision (d) of
this section, and sections
34.7
and
34.12 of
this Part.
(c) Notices shall be
transmitted to the commissioner in an efficient, accurate, compatible and
timely manner in full accordance with the requirements set forth in this Part
and DMV Motor Vehicle Liability Insurance Reporting (MVLIR) Implementation
Guide specifications which the department shall update as necessary and which
shall be distributed by the department to insurance companies. Any changes to
DMV's MVLIR implementation guide and other official DMV communications to
insurance companies under articles 6 and 8 of the Vehicle and Traffic Law shall
be distributed via a designated department website or by such other means
prescribed by the commissioner.
(d)
Insurance companies shall only submit notices to the commissioner required by
the Vehicle and Traffic Law and this Part. Insurance companies shall not submit
notices not required by, excluded by or specifically prohibited by NYS law,
this Part or DMV MVLIR specifications. Notices that shall not be submitted and
transactions that shall not be reported to the commissioner include, but are
not limited to the following:
(1) excluded
classifications: motorcycles, limited use motorcycles, all terrain vehicles,
snowmobiles, vessels (boats), trailers registered in classes house trailer
(HOU), light trailer (LTR) and trailer (TRL) (note:
semi-trailers [SEM] are not excluded), government vehicles registered in the
political subdivision (PSD) and State (STA) classes, government vehicles
registered in other classes unless registered with an insurance ID card,
vehicles registered in the international registration plan (IRP) class,
vehicles renewed through DMV's Permanent Fleet Registration (PFR) Program,
vehicles with ICC or DOT permits unless registered with an insurance ID card,
government vehicles with diplomatic plates, implements of husbandry,
e.g., farm tractors, and motor vehicles not registered in New
York State;
(2) non-liability
related submissions including administrative and incidental activities for
policy changes unrelated to this Part including: amending vehicle, name,
address, driver or other descriptive information including policy number,
coverage limits, non-liability coverage,
e.g., collision and
comprehensive, reactivating canceled policies to make premium adjustments,
etc.;
Note:
Updated information on policy number, insured name, etc.
shall only be transmitted to DMV in conjunction with a notice required to be
submitted by this Part.
(3)
premium quotes if a liability insurance policy was never accepted by the
customer;
(4) multiple submission
of the same exact transaction within the same transmission;
(5) multiple submission of the same exact
transaction, without correction or cause, within different
transmissions;
(6) cancellation and
new business transactions that represent steps in an administrative rewrite or
reissuance of a policy when there is no lapse in liability coverage;
(7) cancellation and reinstatement for the
same insured/vehicle for the same effective date within the same
transmission;
(8) reinstatement,
unless a cancellation was previously submitted to DMV;
(9) new business transaction for a policy
renewal or rewrite except for hire (FH) classifications;
(10) initial load, new business,
reinstatement or no insurance transaction in response to a DMV initiated
negative verification transaction;
(11) initial load, reinstatement or
cancellation transaction in response to a DMV initiated mandatory verification
transaction;
(12) cancellation
transaction for a vehicle replaced with another vehicle on a policy remaining
in force;
(13) cancellation
transaction if the policyholder is moved to another insurer within a company
group with no lapse in coverage; and
(14) cancellation transaction with a
cancellation effective date of: January 1st, February 28th, February 29th,
March 1st, September 30th, October 1st, or December 31st for a for hire (FH)
liability insurance policy expiration date that coincides or previously
coincided with a fixed coterminous FH registration expiration date of December
31st, February 28th, February 29th (extended by the commissioner in leap years)
or September 30th; provided, however, cancellation transactions must always be
reported to the commissioner if such transactions involve omnibus taxis (DMV
registration code 54) or omnibus liveries (DMV registration code 55).
(e) Questions concerning this Part
should be directed to:
NYS Department of Motor Vehicles
Insurance Information & Enforcement System
Insurance Services Bureau
Attn: IIES Compliance Unit
Six Empire State Plaza
Albany, NY 12228
E-mail: iies@dmv.state.ny.us
Fax: (518) 473-4347
