NY Veh & Traf L § 370 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions Article 8 - Indemnity Bonds or Insurance Policies on Vehicles Transporting Passengers for Hire 370 - Indemnity Bonds or Insurance Policies; Notice of Accident.

§  370.  Indemnity bonds or insurance policies; notice of accident. 1. Every person, firm, association or corporation engaged in  the  business of  carrying or transporting passengers for hire in any motor vehicle or motorcycle, except street cars, and motor vehicles or motorcycles  owned and operated by a municipality, and except as otherwise provided in this section,  which  shall be operated over, upon or along any public street or highway of the state of New York shall file with the commissioner  of motor  vehicles  for  each motor vehicle or motorcycle intended to be so operated evidence, in such form as the commissioner may prescribe, of  a corporate  surety  bond or a policy of insurance, approved as to form by the superintendent of financial services in a company authorized  to  do business in the state, approved by the superintendent as to solvency and responsibility,   conditioned   for   the  payment  of  a  minimum  sum, hereinafter called minimum liability, on a  judgment  or  judgments  for damages,  including  damages  for  care and loss of services, because of bodily injury to, or death of any one person in any  one  accident,  and subject  to  such  minimum  liability  a maximum sum, hereinafter called maximum liability on a judgment  or  judgments  for  damages,  including damages  for  care  and loss of services because of bodily injury to, or death of two or more persons in any one accident and for the payment  of a  minimum  sum,  called  minimum liability on all judgments for damages because of injury to or destruction of property of  others  in  any  one accident,   recovered   against   such   person,  firm,  association  or corporation  upon  claims  arising  out  of  the  same  transaction   or transactions   connected   with  the  same  subject  of  action,  to  be apportioned ratably among the judgment creditors according to the amount of their respective  judgments  for  damage  or  injury  caused  in  the operation,  maintenance, use or the defective construction of such motor vehicle or motorcycle as follows:   For damages for and incident to  death  or  injuries  to  persons  and injury  to  or destruction of property: For each motorcycle and for each motor vehicle engaged  in  the  business  of  carrying  or  transporting passengers  for  hire,  having a seating capacity of not more than seven passengers, a bond or insurance  policy  with  a  minimum  liability  of twenty-five  thousand  dollars and a maximum liability of fifty thousand dollars for bodily injury, and a minimum  liability  of  fifty  thousand dollars  and  a  maximum  liability  of one hundred thousand dollars for death and a minimum liability of ten thousand dollars for injury  to  or destruction  of property; for each motor vehicle engaged in the business of carrying or  transporting  passengers  for  hire,  having  a  seating capacity  of  not less than eight passengers, a bond or insurance policy with a combined single limit  of  at  least  one  million  five  hundred thousand  dollars for bodily injury or death to one or more persons, and because of injury to or destruction of property  in  any  one  accident; provided,  further  that  for  commuter  vans  that  are  engaged in the business of carrying or  transporting  passengers  for  hire,  having  a seating  capacity of not less than eight passengers, a bond or insurance policy with a combined single limit of at least  five  hundred  thousand dollars  for  bodily injury or death to one or more persons, and because of injury to or destruction of property in any  one  accident.  For  the purposes  of this paragraph, the term "commuter van" shall have the same meaning as such term is defined in section 19-502 of the  administrative code of the city of New York.   Such  bond  or  policy  of  insurance  shall contain a provision for a continuing liability thereunder, notwithstanding any  recovery  thereon. Any such bond or policy of insurance shall also contain a provision that such  bond  or  policy  of  insurance  shall inure to the benefit of any person legally operating the motor vehicle or motorcycle in the business  of the owner and with his permission, in the same manner and  under  the same  conditions and to the same extent as to the owner. If at any time, in the judgment  of  the  commissioner,  such  bond  or  policy  is  not sufficient  for any cause the commissioner may require the owner of such motor vehicle or motorcycle to replace such bond or policy with  another approved by the commissioner. A corporate surety or an insurance company evidence  of  whose bond or policy has been so filed, must file a notice in the office of the commissioner that upon  the  expiration  of  twenty days  from  such  filing  such  surety will cease to be liable upon such bond, or in the case of such insurance company, that upon the expiration of such time such policy will  be  cancelled;  provided,  however,  that where  the  owner  of  such  motor  vehicle  or  motorcycle has replaced coverage with another insurer, the expiration date shall be the date the new coverage has commenced; further provided that where such  owner  has had  a  total  loss,  the expiration date shall be the earlier of twenty days or when the plates have been turned in  to  the  commissioner.  The commissioner  shall  thereupon notify the owner of such motor vehicle or motorcycle of the filing of such notice, and  unless  such  owner  shall file  a  new bond or evidence of new bond or policy, as provided by this section,  on  or  before  such  date  as  shall  be  specified  by   the commissioner,  or  shall  place the number plates belonging to the motor vehicle or motorcycle in the custody of the commissioner  or  his  agent within such time, to remain in such custody until a new bond or evidence of a new bond or policy is filed, the registration of such motor vehicle or  motorcycle  shall be revoked as of the date specified in said notice of the commissioner and no new registration shall be issued for a period of thirty days. Forthwith after his registration  has  been  so  revoked such owner shall return the number plates issued for such vehicle to the commissioner.  The  provisions  of  subdivision  seven  of  section five hundred ten of this chapter shall apply to such revocations.   Notwithstanding any contrary provision of this chapter, any such bond, or policy of  insurance  shall  also  provide  for  uninsured  motorists coverage  in  the  minimal  amount  and  in  the  form  provided  for in subsection (f) of section three thousand  four  hundred  twenty  of  the insurance law.   Nothing  in  this subdivision shall be construed to prevent compliance therewith by filing a combination of bonds or policies or of a bond  and policy  or  evidence  thereof  if  the  commissioner  approves  and  the requirements of this subdivision are otherwise met.  (c) As a condition to filing evidence of a corporate surety bond,  the registrant shall pay annually in addition to any other fee prescribed by this chapter, a fee of one dollar and fifty cents for each motor vehicle registered  in  his  name and the aggregate amount of such fees shall be applied in the reduction of the assessment levied  pursuant  to  section three hundred seventeen of this chapter.  (d)  As used in this section, a judgment or judgment for damages shall include a final arbitration  award  and  any  unpaid  fees  due  to  the arbitration  forum  established  pursuant  to  section five thousand one hundred six of the insurance law.   1-a.  Every  person,  firm,  association  or  corporation  engaged  in carrying  or  transporting  sick  or  injured  persons  in  any  hearse, combination hearse or ambulance operated over, upon or  along  a  public street  or  highway  within  a town having a population of less than two thousand inhabitants, shall secure either a  corporate  surety  bond  or policy of insurance executed by a surety or insurance company authorized to  do  business in this state, containing like conditions to secure the payment of damages as is required to  be  provided  for  motor  vehicles operated  for  the  transportation  of  passengers  for  hire; provided,  however, that any bond or policy of insurance so  secured,  may  contain the  condition  that  it shall secure the payment of damages only during the time or times such hearse or combination hearse or ambulance is used or  operated for the transportation of sick or injured persons and shall not be operative or effective during any other time or times or for  the payment  of damages incurred while being operated for any other purpose. A bond or policy of insurance executed pursuant  to  the  provisions  of this  subdivision  need  not  be  approved  or filed notwithstanding any inconsistent provision of this section.   2. Any person, firm, association  or  corporation  operating  a  motor vehicle  or  motorcycle  as  to  which  a bond or policy of insurance is required by this section who or which shall  operate  such  vehicle,  or cause  the same to be operated, while such a bond or policy, or evidence thereof  as  required  by  this  section,  is  not  on  file  with   the commissioner,  and  in  full  force  and  effect  shall  be  guilty of a misdemeanor.   3. A person, firm, association or corporation engaged in the  business of  renting  or  leasing  rental vehicles to be operated upon the public highways for carrying passengers shall be subject to the  provisions  of this  section  in  the  same  manner  and  to the same extent as if such person, firm, association or corporation were actually  engaged  in  the business of carrying or transporting passengers for hire.   Notwithstanding  the  provisions of subdivision one of this section, a person, firm, association or corporation  engaged  in  the  business  of renting  or leasing motor vehicles, having registered in this state more than twenty-five motor  vehicles  subject  to  the  provisions  of  this section   and   who  qualifies  as  hereinafter  provided,  may  file  a certificate of self-insurance. The commissioner of motor vehicles in his discretion may, upon the application of such a person, firm, association or  corporation  issue  a  certificate  of  self-insurance  when  he  is reasonably  satisfied that such person is possessed and will continue to be possessed of financial  ability  to  respond  to  judgments  obtained against  such  person, arising out of the ownership, maintenance, use or operation of any such  person's  motor  vehicle.  Upon  due  notice  and hearing,  the  commissioner  may,  in his discretion and upon reasonable grounds, cancel a certificate of self-insurance.   As a condition to the issuance  of  a  certificate  of  self-insurance under  this subdivision the registrant shall pay annually in addition to any other fee prescribed by this chapter, a fee of one dollar and  fifty cents  for  each  motor vehicle registered in his name and the aggregate amount of such fees shall be applied  in  reduction  of  the  assessment levied pursuant to section three hundred seventeen.   As   a   further  condition  to  the  issuance  of  a  certificate  of self-insurance, the registrant shall pay annually  in  addition  to  any other  fee  prescribed  by  this  chapter,  an  amount per vehicle to be determined by the Motor  Vehicle  Accident  Indemnification  Corporation pursuant to section five thousand two hundred seven of the insurance law and  the  aggregate  amount  of  such  fees  shall be transmitted by the commissioner to the Motor Vehicle Accident  Indemnification  Corporation continued  pursuant  to  section  five thousand two hundred three of the insurance law to be applied in reduction of assessments levied  by  said corporation  pursuant  to section five thousand two hundred seven of the insurance law.   4. Every person operating a motor vehicle or motorcycle as to which  a bond or policy of insurance is required by this section, which is in any manner  involved  in  an  accident,  shall within five days give written notice of the time and place of the accident to the surety  or  insurer. Failure  to  give  notice  of  an  accident  as  herein  provided  shall  constitute a misdemeanor, but shall not  affect  the  liability  of  the surety or insurer.   5.  If  a vehicle subject to the provisions of this section or section three hundred seventy-one of this chapter shall be operated on a  public highway  without  having  the minimum corporate surety bond or policy of liability insurance, unless the  owner  shall  have  filed  an  approved certificate  of insurance therefor, the driver's license, privileges and registration certificate or privilege of operation within this state  of the  owner and operator shall be subject to revocation and suspension as provided in articles six and seven of this chapter, in the  same  manner as  if  such vehicle were a private passenger vehicle, not used to carry persons for hire or profit.   6. Notwithstanding any other provision of law, the commissioner,  may, by  regulation,  in addition to, or in lieu of any requirements relating to notice of insurance required by this section, extend all or  part  of the  provisions  of  article  six  of  this chapter concerning insurance identification cards to vehicles  subject  to  the  provisions  of  this section.  Furthermore,  the  commissioner may exempt by such regulations any type or types of vehicles subject to the provisions of this  section where  he deems the application of the provisions of such regulations to be inappropriate. If the commissioner promulgates any such  regulations, the  failure  to produce an insurance identification card when requested by any peace officer, acting pursuant  to  his  special  duties,  police officer  or  magistrate  shall be presumptive evidence of a violation of subdivision two of this section. In addition, any such  regulations  may require  that  the insurance identification card be placed in plain view of any for-hire passengers carried in such vehicle.   7. Nothing contained in this section shall prohibit any person,  firm, association  or  corporation  subject  to  this  section from purchasing liability insurance coverage in excess  of  the  maximum  liability  set forth in subdivision one of this section.   8.  Notwithstanding any other provision of this article, an individual shall not be deemed to  be  engaged  in  the  business  of  carrying  or transporting  passengers  for hire if the individual does so solely as a transportation  network  company  driver  in  accordance  with   article forty-four-B of this chapter.