N.Y. Comp. Codes R. & Regs. tit. 15 § 35.3

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

Section 35.3 - Insurance Information and Enforcement System (IIES)

(a) Certain registration classifications are excluded from the Insurance Information and Enforcement System (IIES) by section 34.1(d) of this Title. Exclusion from IIES shall not excuse either the requirement that insurance coverage be continuously maintained during the registration period or any penalties assessed by the department if evidence is received of a vehicle being operated while uninsured.

(b) DMV shall accept insurance company notices as defined in Part 34 of this Title and post such matched notices to DMV's insurance information database but shall not take any actions based on such posted notices for the following classifications:

(1) vehicles registered in the International Registration Plan (IRP) class;

(2) vehicles registered with a DOT permit in lieu of an insurance ID card issued in accordance with Part 32 of this Title; or

(3) vehicles electronically renewed through DMV's automated Permanent Fleet Registration (PFR) registration renewal program.

(c) DMV shall not accept, match and post insurance company notices and will not take any actions based on the submission of such notices for certain classifications. Notices will be returned to insurance companies as Edit Errors or Unresolved No-Hit Exceptions as defined by section 34.2 of this Title for the following classifications:

(1) motorcycles including limited use motorcycles;

(2) all terrain vehicles;

(3) snowmobiles;

(4) vessels (boats);

(5) trailers registered in classes House Trailer (HOU), Light Trailer (LTR) and Trailer (TRL);

Note:

Registration class Semi Trailer (SEM) is not excluded.

(6) implements of husbandry (unregistered farm equipment);

(7) government vehicles registered in the State (STA) and Political Subdivision (PSD) registration classes other than volunteer fire company or volunteer ambulance company vehicles registered in the name of the volunteer organization;

(8) government vehicles registered in other registration classes with a special government vehicle code in lieu of an insurance ID card issued in accordance with Part 32 of this Title;

(9) government vehicles with diplomatic plates; and

(10) vehicles not registered in New York State.

(d)Registrant inquiry letter.

The department shall send an inquiry letter to a registrant in the following instances:

(1) Upon receipt of an electronic notice of insurance cancellation from an insurance company if there is no:

(i) submission of electronic notice of proof of insurance by an insurance company;

(ii) surrender of registration and license plate(s); or

(iii) expiration of registration without renewal.

(2) Absent receipt of acceptable proof in response to an initial registrant inquiry in accordance with the department's administrative procedures.

(3) Absent receipt of electronic notice of proof of insurance from an insurance company assigned by the New York Automobile Insurance Plan (NYAIP).

(4) Absent an electronic insurance company response to a DMV initiated mandatory verification (MVF) notice as defined by section 34.3(b)(1) of this Title.

(5) Absent receipt of electronic notice of proof of insurance from any insurance company prior to commencement of the IIES No Insurance Activity module, which is the final component of conversion from the Financial Security Certification Program (FSCP) to IIES.

(6) As otherwise deemed necessary by the department.

(e) Suspension (definite). The department shall suspend the registration and driver's license or driving privilege, as applicable, in accordance with section 318 (1) and (1-a) of the Vehicle and Traffic Law for a period of time equal to the number of days that a vehicle was registered and uninsured except as provided for herein.

(f) Suspension (indefinite). The department shall suspend the registration and driver's license or driving privilege, as applicable, for an indefinite period of time, in accordance with section 318 of the Vehicle and Traffic Law absent:

(1) receipt of an electronic notice of proof of insurance submitted by an insurance company;

(2) receipt of acceptable proof of insurance as defined in section 35.10 of this Part subject to electronic verification;

(3) receipt of acceptable proof other than insurance as defined in section 35.11 of this Part subject to verification;

(4) surrender of the registration and license plate(s); or

(5) expiration of the registration without renewal.

(g)Suspension (indefinite to definite).

An indefinite suspension shall be converted to a definite suspension when a subsequent event defines a period of lapse of coverage. DMV shall issue a definite registration suspension order and definite license suspension order, if applicable. Subsequent events that determine a lapse in coverage include:

(1) receipt of an electronic notice of proof of insurance from an insurance company;

(2) receipt of acceptable proof of insurance as defined in section 35.10 of this Part subject to electronic verification;

(3) receipt of acceptable proof other than insurance as defined in section 35.11 of this Part subject to verification;

(4) expiration of the registration without renewal; or

(5) surrender of the registration and license plate(s).

(h)Waiver of suspension.

The commissioner may withhold a suspension based on a lapse of required insurance coverage if the period of time during which the motor vehicle remained both registered and uninsured is not more than seven days. This provision shall apply only once during a 36-month period and shall not serve to reduce any penalty for a lapse of insurance which was greater than seven days or prevent the issuance of a revocation for uninsured accident or uninsured operation. This provision shall not apply to a revocation issued in accordance with section 370 of the Vehicle and Traffic Law.

(i)Revocation.

Upon the receipt of an electronic notice of insurance cancellation from an insurance company for a vehicle insured as for-hire under article 8 of the Vehicle and Traffic Law, the department shall send a revocation order to the registrant absent:

(1) an electronic notice of proof of insurance with no lapse of coverage submitted by an insurance company;

(2) expiration of the registration without renewal;

(3) surrender of the registration and license plate(s); or

(4) registration of the vehicle in a non for-hire class.

If none of the above requirements are met prior to the effective date of revocation or if the registrant does not submit proof in accordance with section 35.10 or 35.11 of this Part, the revocation order shall take effect.

(j)Rescission of suspension and/or revocation.

A suspension and/or revocation shall be rescinded upon receipt of:

(1) an electronic notice of proof of insurance with no lapse in coverage submitted by an insurance company; or

(2) acceptable proof as defined in section 35.10 or 35.11 of this Part with no lapse of coverage. Proof accepted under section 35.10 of this Part shall be electronically verified by an insurance company. Proof accepted under section 35.11 of this Part is subject to verification.

Note:

A New York Automobile Insurance Plan (NYAIP) temporary insurance identification card (FS-75) shall not be accepted as proof of insurance

If a suspension and/or revocation order has been rescinded due to receipt of acceptable proof, both the order and rescission shall be posted on DMV's electronic records.

(k)Verification of insurance.

Absent electronic notice of proof of insurance reported to DMV by an insurance company, an insurance ID card submitted to DMV by a registrant shall be electronically verified with the insurance company identified on such insurance ID card. Only electronic notices of proof of insurance received from an insurance company shall be accepted by DMV as verification of an insurance ID card, except as provided for in section 34.10 of this Title.

(1) An electronic response of proof of insurance, as defined in Part 34 of this Title, matched to a registration record shall result in the posting of the notice to DMV's insurance information database. If there is a lapse of coverage, DMV shall issue a definite registration suspension order and driver's license suspension order, if applicable. DMV shall issue a registration revocation order if the vehicle is registered as for-hire.

(2) An electronic response of no insurance (invalid/fraudulent insurance ID card), as defined in Part 34 of this Title, matched to a registration record shall result in the posting of the notice to DMV's insurance information database. DMV shall issue an indefinite registration suspension order and an indefinite driver's license suspension order, if applicable, for invalid proof of insurance. DMV shall issue a registration revocation order if the vehicle is registered as for-hire. A rescission of such suspension or revocation requires receipt by DMV of one of the following:

(i) electronic notice of proof of insurance from the repudiating insurance company with the same effective date as the electronic notice of no insurance;

(ii) electronic notice of proof of insurance from another insurance company with the same effective date as the electronic notice of no insurance from the repudiating insurance company; and

(iii) an insurance ID card from a different insurance company with the same effective date as the electronic notice of no insurance that shall be electronically verified with that insurance company.

(3) No response from an insurance company shall result in DMV issuing a registrant inquiry letter that advises the registrant of the insurance company's nonresponse and provides an additional period of time to receive required proof. If required proof is not received during the extension period, DMV shall issue an indefinite registration suspension order and driver's license suspension order, if applicable.

(4) No response from an insurance company shall result in DMV issuing a registration revocation order if the vehicle is registered as for-hire. If required proof is not received by the effective date of the revocation, the revocation shall take effect.

(l)Payment of a civil penalty.

The civil penalty provided for in Vehicle and Traffic Law section 318(1-a) and section 34.11(b) of this Title shall be paid online via the DMV website by credit/debit card; in person at either a DMV issuing office or at the central office of the department by credit/debit card, cash, certified or bank/teller's check, personal check or money order, or by mail addressed to the Insurance Services Bureau in the central office of the department by certified or bank/teller's check, personal check or money order. All check and money orders must be made payable to the Commissioner of Motor Vehicles. Installment and partial payments shall not be accepted. The civil penalty must be paid based upon the time during which insurance was not in effect regardless of any suspension time which may have been served by the registrant. Compliance cannot be made by combining payment of a portion of the civil penalty with a portion of the period of suspension served by surrender of the registration and plate(s) or expiration of the registration. This provision does not apply to vehicles insured as for-hire under section 370 of the Vehicle and Traffic Law.

(m)Reinstatement of registration after suspension/revocation.

(1) Except as provided for in subdivision (k) of this section, termination of suspension can be made only after the registrant surrenders the registration and license plate(s), or otherwise complies with the suspension order as set forth in section 35.9 of this Part, and waits a period of time equal to the suspension period. In order to obtain a registration after license plate(s) have been surrendered, an application must be made to any DMV issuing office. A currently valid insurance ID card must be submitted. If suspended, the plate(s) shall be returned or replaced at the discretion of the department.

(2) Termination of revocation on a for-hire registration can be made only after the registrant surrenders the registration and license plate(s) or such registration expires. The registrant shall wait a minimum period of 30 days from the surrender or expiration date. If revoked, a new registration shall be issued upon submission to a DMV issuing office of an application, an insurance ID card issued in accordance with Part 32 of this Title and payment of full registration fees.

(n)Reinstatement of license after suspension.

If a driver's license is suspended pursuant to Vehicle and Traffic Law section 318(1-a), the driver's license shall be reinstated upon completion of the term of suspension, and upon payment of the termination fee required by section 503 (2)(j) of the Vehicle and Traffic Law.

(o)Issuance of suspension order after surrender and reinstatement.

A surrender and reactivation of a registration made prior to the issuance of a suspension order shall not prevent the issuance of the suspension order nor reduce the length of the suspension period.

(p) The provisions of this section shall only apply to the Insurance Information and Enforcement System (IIES).

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.3

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017