Current through Register Vol. 46, No. 12, March 20, 2024
(a) Certain registration classifications are
excluded from the Insurance Information and Enforcement System (IIES) by
section
34.1(d)
of this Title. Exclusion from IIES shall not excuse either the requirement that
insurance coverage be continuously maintained during the registration period or
any penalties assessed by the department if evidence is received of a vehicle
being operated while uninsured.
(b)
DMV shall accept insurance company notices as defined in Part 34 of this Title
and post such matched notices to DMV's insurance information database but shall
not take any actions based on such posted notices for the following
classifications:
(1) vehicles registered in
the International Registration Plan (IRP) class;
(2) vehicles registered with a DOT permit in
lieu of an insurance ID card issued in accordance with Part 32 of this Title;
or
(3) vehicles electronically
renewed through DMV's automated Permanent Fleet Registration (PFR) registration
renewal program.
(c) DMV
shall not accept, match and post insurance company notices and will not take
any actions based on the submission of such notices for certain
classifications. Notices will be returned to insurance companies as Edit Errors
or Unresolved No-Hit Exceptions as defined by section
34.2
of this Title for the following classifications:
(1) motorcycles including limited use
motorcycles;
(2) all terrain
vehicles;
(3)
snowmobiles;
(4) vessels
(boats);
(5) trailers registered in
classes House Trailer (HOU), Light Trailer (LTR) and Trailer (TRL);
Note:
Registration class Semi Trailer (SEM) is not
excluded.
(6) implements of
husbandry (unregistered farm equipment);
(7) government vehicles registered in the
State (STA) and Political Subdivision (PSD) registration classes other than
volunteer fire company or volunteer ambulance company vehicles registered in
the name of the volunteer organization;
(8) government vehicles registered in other
registration classes with a special government vehicle code in lieu of an
insurance ID card issued in accordance with Part 32 of this Title;
(9) government vehicles with diplomatic
plates; and
(10) vehicles not
registered in New York State.
(d)
Registrant inquiry letter.
The department shall send an inquiry letter to a registrant
in the following instances:
(1) Upon
receipt of an electronic notice of insurance cancellation from an insurance
company if there is no:
(i) submission of
electronic notice of proof of insurance by an insurance company;
(ii) surrender of registration and license
plate(s); or
(iii) expiration of
registration without renewal.
(2) Absent receipt of acceptable proof in
response to an initial registrant inquiry in accordance with the department's
administrative procedures.
(3)
Absent receipt of electronic notice of proof of insurance from an insurance
company assigned by the New York Automobile Insurance Plan (NYAIP).
(4) Absent an electronic insurance company
response to a DMV initiated mandatory verification (MVF) notice as defined by
section
34.3(b)(1)
of this Title.
(5) Absent receipt
of electronic notice of proof of insurance from any insurance company prior to
commencement of the IIES No Insurance Activity module, which is the final
component of conversion from the Financial Security Certification Program
(FSCP) to IIES.
(6) As otherwise
deemed necessary by the department.
(e) Suspension (definite). The department
shall suspend the registration and driver's license or driving privilege, as
applicable, in accordance with section 318(1) and (1-a) of the Vehicle and
Traffic Law for a period of time equal to the number of days that a vehicle was
registered and uninsured except as provided for herein.
(f) Suspension (indefinite). The department
shall suspend the registration and driver's license or driving privilege, as
applicable, for an indefinite period of time, in accordance with section
318 of the Vehicle and Traffic Law absent:
(1) receipt of an electronic notice of proof
of insurance submitted by an insurance company;
(2) receipt of acceptable proof of insurance
as defined in section
35.10
of this Part subject to electronic verification;
(3) receipt of acceptable proof other than
insurance as defined in section
35.11
of this Part subject to verification;
(4) surrender of the registration and license
plate(s); or
(5) expiration of the
registration without renewal.
(g)
Suspension (indefinite to
definite).
An indefinite suspension shall be converted to a definite
suspension when a subsequent event defines a period of lapse of coverage. DMV
shall issue a definite registration suspension order and definite license
suspension order, if applicable. Subsequent events that determine a lapse in
coverage include:
(1) receipt of an
electronic notice of proof of insurance from an insurance company;
(2) receipt of acceptable proof of insurance
as defined in section
35.10
of this Part subject to electronic verification;
(3) receipt of acceptable proof other than
insurance as defined in section
35.11
of this Part subject to verification;
(4) expiration of the registration without
renewal; or
(5) surrender of the
registration and license plate(s).
(h)
Waiver of suspension.
The commissioner may withhold a suspension based on a lapse
of required insurance coverage if the period of time during which the motor
vehicle remained both registered and uninsured is not more than seven days.
This provision shall apply only once during a 36-month period and shall not
serve to reduce any penalty for a lapse of insurance which was greater than
seven days or prevent the issuance of a revocation for uninsured accident or
uninsured operation. This provision shall not apply to a revocation issued in
accordance with section
370 of the Vehicle and Traffic Law.
(i)
Revocation.
Upon the receipt of an electronic notice of insurance
cancellation from an insurance company for a vehicle insured as for-hire under
article 8 of the Vehicle and Traffic Law, the department shall send a
revocation order to the registrant absent:
(1) an electronic notice of proof of
insurance with no lapse of coverage submitted by an insurance
company;
(2) expiration of the
registration without renewal;
(3)
surrender of the registration and license plate(s); or
(4) registration of the vehicle in a non
for-hire class.
If none of the above requirements are met prior to the
effective date of revocation or if the registrant does not submit proof in
accordance with section
35.10
or
35.11
of this Part, the revocation order shall take effect.
(j)
Rescission of suspension
and/or revocation.
A suspension and/or revocation shall be rescinded upon
receipt of:
(1) an electronic notice
of proof of insurance with no lapse in coverage submitted by an insurance
company; or
(2) acceptable proof as
defined in section
35.10
or
35.11
of this Part with no lapse of coverage. Proof accepted under section
35.10
of this Part shall be electronically verified by an insurance company. Proof
accepted under section
35.11
of this Part is subject to verification.
Note:
A New York Automobile Insurance Plan (NYAIP) temporary
insurance identification card (FS-75) shall not be accepted as proof of
insurance
If a suspension and/or revocation order has been rescinded
due to receipt of acceptable proof, both the order and rescission shall be
posted on DMV's electronic records.
(k)
Verification of insurance.
Absent electronic notice of proof of insurance reported to
DMV by an insurance company, an insurance ID card submitted to DMV by a
registrant shall be electronically verified with the insurance company
identified on such insurance ID card. Only electronic notices of proof of
insurance received from an insurance company shall be accepted by DMV as
verification of an insurance ID card, except as provided for in section
34.10
of this Title.
(1) An electronic
response of proof of insurance, as defined in Part 34 of this Title, matched to
a registration record shall result in the posting of the notice to DMV's
insurance information database. If there is a lapse of coverage, DMV shall
issue a definite registration suspension order and driver's license suspension
order, if applicable. DMV shall issue a registration revocation order if the
vehicle is registered as for-hire.
(2) An electronic response of no insurance
(invalid/fraudulent insurance ID card), as defined in Part 34 of this Title,
matched to a registration record shall result in the posting of the notice to
DMV's insurance information database. DMV shall issue an indefinite
registration suspension order and an indefinite driver's license suspension
order, if applicable, for invalid proof of insurance. DMV shall issue a
registration revocation order if the vehicle is registered as for-hire. A
rescission of such suspension or revocation requires receipt by DMV of one of
the following:
(i) electronic notice of proof
of insurance from the repudiating insurance company with the same effective
date as the electronic notice of no insurance;
(ii) electronic notice of proof of insurance
from another insurance company with the same effective date as the electronic
notice of no insurance from the repudiating insurance company; and
(iii) an insurance ID card from a different
insurance company with the same effective date as the electronic notice of no
insurance that shall be electronically verified with that insurance
company.
(3) No response
from an insurance company shall result in DMV issuing a registrant inquiry
letter that advises the registrant of the insurance company's nonresponse and
provides an additional period of time to receive required proof. If required
proof is not received during the extension period, DMV shall issue an
indefinite registration suspension order and driver's license suspension order,
if applicable.
(4) No response from
an insurance company shall result in DMV issuing a registration revocation
order if the vehicle is registered as for-hire. If required proof is not
received by the effective date of the revocation, the revocation shall take
effect.
(l)
Payment of a civil penalty.
The civil penalty provided for in Vehicle and Traffic Law
section
318(1-a) and section
34.11(b) of this Title shall be paid online via the DMV website by credit/debit
card; in person at either a DMV issuing office or at the central office of the
department by credit/debit card, cash, certified or bank/teller's check,
personal check or money order, or by mail addressed to the Insurance Services
Bureau in the central office of the department by certified or bank/teller's
check, personal check or money order. All check and money orders must be made
payable to the Commissioner of Motor Vehicles. Installment and partial payments
shall not be accepted. The civil penalty must be paid based upon the time
during which insurance was not in effect regardless of any suspension time
which may have been served by the registrant. Compliance cannot be made by
combining payment of a portion of the civil penalty with a portion of the
period of suspension served by surrender of the registration and plate(s) or
expiration of the registration. This provision does not apply to vehicles
insured as for-hire under section
370 of the Vehicle and Traffic Law.
(m)
Reinstatement of
registration after suspension/revocation.
(1) Except as provided for in subdivision (k)
of this section, termination of suspension can be made only after the
registrant surrenders the registration and license plate(s), or otherwise
complies with the suspension order as set forth in section
35.9 of
this Part, and waits a period of time equal to the suspension period. In order
to obtain a registration after license plate(s) have been surrendered, an
application must be made to any DMV issuing office. A currently valid insurance
ID card must be submitted. If suspended, the plate(s) shall be returned or
replaced at the discretion of the department.
(2) Termination of revocation on a for-hire
registration can be made only after the registrant surrenders the registration
and license plate(s) or such registration expires. The registrant shall wait a
minimum period of 30 days from the surrender or expiration date. If revoked, a
new registration shall be issued upon submission to a DMV issuing office of an
application, an insurance ID card issued in accordance with Part 32 of this
Title and payment of full registration fees.
(n)
Reinstatement of license after
suspension.
If a driver's license is suspended pursuant to Vehicle and
Traffic Law section
318(1-a), the driver's
license shall be reinstated upon completion of the term of suspension, and upon
payment of the termination fee required by section
503(2)(j) of the Vehicle
and Traffic Law.
(o)
Issuance of suspension order after surrender and reinstatement.
A surrender and reactivation of a registration made prior
to the issuance of a suspension order shall not prevent the issuance of the
suspension order nor reduce the length of the suspension period.
(p) The provisions of this section
shall only apply to the Insurance Information and Enforcement System
(IIES).
