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 35.11 - Acceptable proof other than insurance

Current through Register Vol. 46, No. 28, July 10, 2024
Acceptable proof shall include the year, make and vehicle
					 identification number (VIN) of the vehicle, the registrant's complete name and
					 mailing address, the date of the activity (that is, the dates that the vehicle
					 went in and out of the repair shop, junk/salvage facility or a commercial or
					 military or licensed towing facility), and the date the proof was issued, if
					 different. Any letter issued by the shop or facility which is submitted to DMV
					 shall be on official letterhead and shall contain the sender's name (readable)
					 and signature, and complete address. Photocopies of proof submitted are
					 acceptable unless otherwise specified on the application form. All submitted
					 proof is subject to verification. In addition to the acceptable proof specified
					 herein, the registration and license plate(s) shall be surrendered to DMV
					 unless such plates(s) are/were immediately used to reregister another vehicle.
					 If the registrant is unable to surrender the registration and license plate(s),
					 the registrant shall submit a Report of Lost or Stolen Motor Vehicle Items
					 (MV-78B) to the department. If a vehicle is returned to a registrant or
					 returned to operation by a registrant after theft, seizure or impoundment, or
					 repossession or hospitalization, proof of the return date and a new insurance
					 ID card with an effective date covering the return date shall be submitted to
					 the department. If insurance coverage was actually obtained after the return
					 date, such insurance ID card may be submitted.
(a)
Sale or transfer.
A bill of sale that provides the date of sale and the
					 name(s) and address(es) of the buyer and seller, or a notarized statement that
					 confirms the sale or transfer of the vehicle, except where such sale or
					 transfer would defeat the purposes of articles 6 and 8 of the Vehicle and
					 Traffic Law.
(b)
Theft or loss.
A copy of a police report from a law enforcement agency or
					 insurance company that provides the date of theft or loss.
(c)
Seizure or impoundment.
A copy of the impoundment receipt that provides the date of
					 impoundment and states that the vehicle was not returned to the registrant. If
					 the vehicle was sold by the civil or police authority, a copy of the bill of
					 sale that provides that date of sale shall be included.
(d)
Repossession.
A copy of the repossession notice that provides the date of
					 repossession or a letter from the lending institution or leasing company that
					 verifies the repossession and provides the date of repossession. The notice or
					 letter shall state that the vehicle was not returned to the registrant.
(e)
Registration in another
				  state.
A copy of an out-of-state registration or a letter from the
					 out-of-state motor vehicle agency that provides the date of registration in
					 that state.
(f)
Hospitalization.
Proof of hospitalization from a hospital or medical doctor
					 that provides the dates of entry and discharge from the hospital and a
					 notarized statement from the registrant that states that the vehicle was not
					 used by family members or others during the time of hospitalization and
					 includes an explanation of where the vehicle was stored during the period of
					 hospitalization. This section shall not apply to a vehicle insured under
					 section 370  of the Vehicle and Traffic Law.
(g)
Acceptable proof of
				  storage in a commercial garage, commercial storage area, or a repair
				  shop.
In cases where the exemption from the insurance
					 requirements of Vehicle and Traffic Law section
					 318 is sought for a vehicle that is or was
					 in the possession of a repair shop or junk/salvage facility, such acceptable
					 proof of storage means submission of a fully completed and signed FS-48 form
					 (Financial Security Exemption Application), provided however, if the registrant
					 submits proof involving a repair facility that was not properly registered as a
					 repair shop pursuant to article 12-A of the Vehicle and Traffic Law (that is,
					 an unregistered repair shop), the motorist must also file a complaint with the
					 department's office of vehicle safety stating that to the best of his or her
					 knowledge the facility was operating without proper registration and that he or
					 she was not aware that the facility was not properly registered. If a repair
					 shop is located in another state, proof submitted by a registrant shall be
					 deemed acceptable only upon verification by the department that such repair
					 shop is legally registered or licensed in such other state. In cases where the
					 exemption from insurance requirements of Vehicle and Traffic Law section
					 318 is sought for a vehicle that is or was
					 in the possession of a commercial or military or licensed towing facility, such
					 acceptable proof of storage means submission of a fully completed and signed
					 FS-48S form (Financial Security Exemption Application ""
					 Storage).