N.Y. Comp. Codes R. & Regs. tit. 15 § 32.16

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

Section 32.16 - Electronic insurance ID cards

(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.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.16