15 CRR-NY 32.3NY-CRR
15 CRR-NY 32.3
15 CRR-NY 32.3
For the purposes of this Part, the following terms shall have the following meanings:
An insurance agent licensed by the New York State Department of Financial Services as defined in section 2101 of the New York State Insurance Law.
An insurance broker licensed by the New York State Department of Financial Services as defined in section 2101 of the New York State Insurance Law.
The Commissioner of the New York State Department of Motor Vehicles.
(d) Dealer registration class.
A class that allows a person or entity registered by the department to operate motor vehicles with dealer plates on the public highways in accordance with provisions of sections 415 and 416 of the Vehicle and Traffic Laws and Part 78 of this Title. A specific vehicle is not registered.
(e) Department or DMV.
The New York State Department of Motor Vehicles.
(f) Effective date.
The actual date that liability insurance coverage is effective. Coverage shall commence at 12:01 a.m. on the effective date. The effective date for a replacement vehicle or a vehicle added to an in force policy shall be the actual date that such coverage was provided or bound for that vehicle. It shall not be some previous or subsequent processing date or the inception or renewal date of the policy. The effective date on an ID card issued based on a policy that was reinstated following a lapse in coverage shall reflect the actual date of such reinstatement.
(g) Expiration date.
The actual date that liability coverage is no longer effective due to expiration of the policy or binder by its terms. Coverage shall end at 12:01 a.m. on the expiration date. The expiration date on an ID card issued for an added vehicle or a replacement vehicle on an in force policy shall not be later than the actual policy expiration date.
(h) Financial security bond.
A bond for each vehicle executed by the owner and a surety company, duly authorized to transact business in this state, in accordance with section 349 of the Vehicle and Traffic Law.
(i) Financial security deposit.
A deposit to the commissioner for each vehicle of $25,000 in cash, or securities, such as may legally be purchased by savings banks or trust funds, of a market value of $25,000 and an additional deposit in an amount determined by the commissioner to be sufficient to satisfy the requirements of article 51 of the Insurance Law.
(j) ID card.
An insurance identification card or insurance certificate prescribed by this Part. Such ID card shall be the sole paper proof of insurance accepted by DMV for purposes provided for in sections 32.2, 32.5 and 32.15 of this Part subject to electronic confirmation or verification, as appropriate, by an insurance company as set forth in Part 34 of this Title.
(k) Insurance certificate.
A type of ID card issued for a For Hire (FH) motor vehicle in accordance with this Part.
(l) Insurance company.
(1) A company or risk retention group (RRG) licensed by the New York State Department of Financial Services to write motor vehicle liability insurance in New York State; or
(2) a company or risk retention group (RRG) which is not authorized to write motor vehicle liability insurance in New York State, but which has filed with the commissioner a power of attorney and resolution in accordance with section 311 of the Vehicle and Traffic Law with respect to a vehicle lawfully registered in another state or in both this state and another state.
(m) Insurance Company Code (ICC).
A unique three-digit identification number assigned to an insurance company by the department for the purposes of articles 6 and 8 of the Vehicle and Traffic Law. Such assigned number shall appear on an ID card or insurance certificate required by this Part. The department shall withhold an ICC assignment until such time as the insurer has fulfilled all of the requirements set forth in this Part and Part 34.8 of this Title. DMV shall not accept ID cards for an insurance company whose ICC has been withdrawn by the department as provided for in Part 34.8 of this Title.
A validly licensed agent, broker, insurance company with a valid DMV issued ICC, the New York Automobile Insurance Plan (NYAIP) or this department that may issue an ID card in full accordance with the provisions of this Part.
(o) New York Automobile Insurance Plan (NYAIP or “the Plan”).
An entity established pursuant to article 53 of the New York State Insurance Law to assign eligible applicants for motor vehicle liability and physical damage insurance coverage who are unable to procure such coverage through ordinary methods from insurers licensed to write motor vehicle liability insurance coverage in New York State.
(p) NYS (New York State).
The State of New York.
(q) Policy period.
The period of time that the policy will be in force. The policy period is shown by the effective and expiration dates on ID cards provided with original policy issuance and policy renewal. Permanent ID cards shall not be issued providing coverage for a period exceeding 12 months.
An agent or broker.
(s) Replacement vehicle.
A vehicle added to an in force policy in conjunction with a vehicle deleted from such in force policy on the same date and time, e.g., Vehicle 2 on the policy, a 1999 Ford, is replaced by a 2001 Ford, the replacement vehicle. A replacement vehicle must be identified on the first issuance of an ID card in accordance with the provisions of section 32.9(j) of this Part.
(t) Reregistration (vehicle change).
A DMV registration transaction whereby a different vehicle (a replacement vehicle) is substituted for a currently registered vehicle (replaced vehicle) on a specific registration. A reregistration may be processed at any time during a registration period by itself or in conjunction with the renewal of a registration.
(u) Retail dealer.
A dealer whose business consists in whole or in part of buying, selling or dealing in motor vehicles, motorcycles or trailers at retail.
An entity determined by the commissioner to be financially responsible in accordance with provisions of section 316 of the Vehicle and Traffic Law.
(w) Transporter registration class.
A class that allows a person or entity registered by the department to operate motor vehicles on the public highways in accordance with provisions of sections 415 and 416 of the Vehicle and Traffic Laws and Part 78 of this Title. A specific vehicle is not registered.
A vehicle registered in New York State or a vehicle owned by a New York State registrant, provided, however, it shall exclude a vehicle not subject to the provisions of articles 6 and 8 of the Vehicle and Traffic Law or a non-commercial trailer towed by a motor vehicle owned by and properly registered and insured in the name of an individual. Vehicle does include a dealer or transporter registration and license plate used to operate or transport a number of different vehicles.
(y) Wholesale dealer.
A dealer whose business consists exclusively of buying, selling or dealing in motor vehicles, motorcycles or trailers at wholesale.
15 CRR-NY 32.3
Current through July 31, 2020
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