New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter C - INSURANCE › Part 35 - ENFORCEMENT OF MOTOR VEHICLE LIABILITY INSURANCE LAWS › Section 35.4 - Operation of a motor vehicle without insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Uninsured operation.
Upon receipt of evidence that a motor vehicle has been
					 operated upon the public highways without insurance coverage but with no
					 evidence that an accident occurred, the registration and/or driver's license or
					 privilege of the registrant and/or operator (driver) shall be revoked. One year
					 after compliance with the revocation order or orders and upon payment of a
					 civil penalty for each applicable offense as required by section 319 (5)  of the Vehicle and
					 Traffic Law, a request for restoration shall be considered. Such request for
					 restoration shall be submitted to a DMV issuing office or DMV's central office.
					 If the request for restoration is approved, a clearance notice shall be issued
					 and an application for driver's license shall be forwarded to the department's
					 Driver Regulation Bureau for final approval.
(b)
Uninsured accident.
Upon the receipt of evidence that a motor vehicle has been
					 involved in an accident while insurance coverage was not in effect, the
					 registration and/or driver's license or driving privilege of the registrant
					 and/or operator (driver) shall be revoked. One year after compliance with the
					 revocation order or orders and upon payment of the civil penalty for each
					 applicable offense as required by section 319 (5)  of the Vehicle and
					 Traffic Law and submission of affirmation under sections 318 (9) and
					 318 (11)  of the Vehicle and
					 Traffic Law, form FS-15, a request for restoration shall be considered. Such
					 request shall be submitted to the Insurance Services Bureau in the central
					 office of the department. If the request for restoration is approved, a
					 clearance notice shall be issued and an application for driver's license shall
					 be forwarded to the department's Driver Regulation Bureau for final
					 approval.
(c)
Civil
				  penalty.
Any required civil penalty must 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 checks and money
					 orders must be made payable to the Commissioner of Motor Vehicles. Installment
					 and partial payments are not acceptable.
(d)
Exceptions.
A nonowner operator's (driver's) claim that he or she had
					 no knowledge that financial security coverage was not in effect pursuant to
					 section 318(3) and/or section 319 (1)  of the Vehicle and
					 Traffic Law must be substantiated by a notarized affidavit from the registrant
					 of the motor vehicle stating that the operator (driver) had permission to use
					 said vehicle and that the operator (driver) was not made aware the vehicle was
					 uninsured, or such other corroborating evidence that supports such
					 claim.