§ 312 — Registration of motor vehicles

New York § 312

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 3: Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
• Art. 6: Motor Vehicle Financial Security Act

Text

§ 312. Registration of motor vehicles. 1. (a) No motor vehicle shall\nbe registered in this state unless the application for such registration\nis accompanied by proof of financial security which shall be evidenced\nby proof of insurance or evidence of a financial security bond, a\nfinancial security deposit or qualification as a self-insurer under\nsection three hundred sixteen; provided that, if directed by regulation\nof the commissioner, upon renewal of registration an application\naccompanied by a certificate of registration or renewal stub in force\nimmediately preceding the date of application for renewal, together with\na statement in a form prescribed by the commissioner certifying that\nthere is in effect proof of financial security, shall meet the\nrequirements of this section. Upon the issuance or renewal of a private\npassenger automobile insurance policy subject to the provisions of\nsection one hundred sixty-seven-aa of the insurance law, the insurance\ncompany shall provide the insured with an informational statement\noutlining the legal and financial consequences of convictions under\nsection one thousand one hundred ninety-two of this chapter, pertaining\nto operating a motor vehicle while under the influence of alcohol or\ndrugs. Such information shall be supplied to the company by the state\ndepartment of financial services in consultation with the commissioner.\n (b) The owner of such motor vehicle shall maintain proof of financial\nsecurity continuously throughout the registration period and his failure\nto produce proof of financial security when requested to do so upon\ndemand of a magistrate, motor vehicle inspector, peace officer, acting\npursuant to his special duties, or police officer, while such vehicle is\nbeing operated upon the public highway, shall be presumptive evidence of\noperating a motor vehicle without proof of financial security. Upon the\nproduction of proof of financial security such presumption is removed.\nProduction of proof of financial security may be made by mailing such\nproof to the court having jurisdiction in the matter, and any necessary\nresponse by such court or acknowledgement of the production of such\nproof may also be made by mail. When insurance with respect to any motor\nvehicle, other than a motorcycle, is terminated the owner shall\nsurrender forthwith his registration certificate and number plates of\nthe vehicle to the commissioner unless proof of financial security\notherwise is maintained in compliance with this article.\n 2. No financial security bond shall be accepted by the commissioner\nunless it is conditioned for payments in amount and under the same terms\nand conditions as are required for an owner's policy of liability\ninsurance.\n 3. No financial security deposit shall be accepted by the commissioner\nexcept in accordance with the provisions of section three hundred\nfourteen.\n 4. The commissioner is hereby authorized to promulgate reasonable\nregulations to provide effective administration and enforcement of the\nprovisions of this article in accordance with the purposes thereof.\n 5. Notwithstanding any inconsistent provisions of this article, the\ncommissioner may by regulation, in lieu of the provisions of subdivision\none requiring the submission of a certificate of insurance or evidence\nof a financial security bond, require that an insurance identification\ncard be presented each time a vehicle is registered or a registration is\nrenewed in this state.\n