N.Y. Comp. Codes R. & Regs. tit. 15 § 34.1

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

Section 34.1 - Introduction

(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

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.1