N.Y. Comp. Codes R. & Regs. tit. 15 § 34.7

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

Section 34.7 - System conversion

(a) Conversion background. It is necessary to provide for an orderly transition from the Financial Security Certification Program (FSCP), in operation prior to June 12, 2000, to the insurance information and enforcement system (IIES) which is set forth in this Part. Operating disparate electronic reporting programs in parallel is not viable. Accordingly, DMV shall not accept old format FSCP tapes after noon on May 19, 2000. All FSCP tapes received by DMV after this date and time shall be returned unprocessed to an insurance company or servicing agent. There will be a period between FSCP tape cut-off and initial loading where electronic transactions, including cancellations, cannot be submitted by an insurance company or servicing agent to DMV. IIES shall begin as a new system with individual insurance companies notifying DMV of those vehicles registered in NYS that are insured (reporting the NYS books of business) as of a designated point in time. After successful loading, cancellations and other required notices that occur on or after such point in time that the initial load tape is created shall be submitted to DMV on a day-forward-basis in accordance with the time frames prescribed by this Part. Since IIES begins with the reporting of insured policyholders and vehicles, cancellations that may have occurred during the period between the creation date of the last FSCP tape and the creation date of the successful IIES initial load tape shall not be reported to DMV. Submission of such cancellation notices are detrimental to the success and viability of IIES. Following the deadline for initial loading of composite rated fleet policies, an IIES conversion module (no insurance activity) shall begin identifying all registration records without insurance company provided electronic proof of insurance in DMV's insurance information database. Letters shall be sent to all such identified registrants. Required electronic proof of liability insurance coverage must be received by DMV within a prescribed period of time or administrative sanctions shall be taken against the registrant's NYS registration and NYS driver's license, as applicable.

Note: This subsection provides for an orderly transition from the FSCP to IIES for those insurance companies that are complying with or have complied with the requirements of the FSCP and are complying with or will comply with the requirements of IIES, including reporting time frames, as prescribed by this Part. Nothing herein shall relieve an insurance company not in compliance with this Part including DMV MVLIR specifications from any liability under NYS Law.

(b) Conversion provisions for for-hire (FH) reporting. DMV's for hire (FH) unit within the insurance services bureau shall accept paper insurance certificate-for hire passenger vehicle forms and termination notice- for hire passenger vehicle forms until an insurance company has successfully loaded during the June 12, 2000 to September 12, 2000 window. Immediately upon successful loading, DMV shall no longer accept and/or process FH forms from that insurance company. Paper FH forms shall not be accepted for insurance company reporting purposes after September 12, 2000. All FH forms submitted for reporting purposes not in compliance with this Part or Part 32 of this Title shall be returned unprocessed to an insurance company. An insurance company shall continue to issue FH insurance certificates and DMV shall continue to require FH insurance certificates from registrants as paper proof of insurance, subject to electronic verification.

(c) Conversion from manual (except for hire) and fleet (except for hire) reporting under the FSCP. DMV shall accept termination and rescission of termination notices in accordance with former FSCP specifications until an insurance company has successfully loaded during the June 12, 2000 to September 12, 2000 window. Immediately upon successful loading, DMV shall no longer accept and/or process FSCP paper notices from that insurance company. FSCP paper notices shall not be accepted for reporting purposes after September 12, 2000, with no exceptions. All FSCP notices received by DMV after the successful initial loading or September 13, 2000, whichever occurs earlier, shall be returned unprocessed to an insurance company.

(d) Initial loading. An insurance company shall load its NYS book of business, as soon as practicable, in accordance with this Part. No electronic NBS, REI, XLC or NIS notices shall be submitted by an insurance company or servicing agent or shall be accepted by DMV before an insurance company's successful initial loading, except as provided for in this Part. An initial loading tape shall only contain LOD notices.

(e) Reporting of notices after initial loading. Following successful initial loading, NBS, REI, XLC and NIS notices shall be reported in accordance with this Part. Notices shall not be submitted to DMV by an insurance company or servicing agent that represent events that may have occurred between the creation date of an insurance company's last FSCP tape and the creation date of an IIES initial load tape that is successfully processed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.7