N.Y. Comp. Codes R. & Regs. tit. 15 § 32.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 32.15 - Special id card rules applicable to policies assigned by the new york automobile insurance plan (nyaip)

(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.)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.15