Assembly Bill A9462

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9462

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  insurance  carriers to submit proof of financial responsibility to the
  commissioner of motor vehicles for persons required to  furnish  proof
  of an existent motor vehicle liability policy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of section 330 of the vehicle  and  traffic
law is amended to read as follows:
  (c)  Upon  any  reasonable  ground,  appearing  on  the records of the
bureau, the commissioner may suspend or revoke the operator's or  chauf-
feur's  license  of  any person and may suspend or revoke any and all of
the registration certificates or registration plates for any motor vehi-
cle and may refuse to issue to  any  such  person  any  new  or  renewal
license  or  to  register  in  the name of such person any motor vehicle
unless and until [such person gives] proof of [his] SUCH PERSON'S finan-
cial responsibility IS SUBMITTED BY SUCH PERSON'S INSURANCE  CARRIER  TO
THE COMMISSIONER in the future as hereinafter provided in this article.
  Any  person  furnishing  proof of financial responsibility pursuant to
this subdivision may be relieved from continuing to furnish  such  proof
in  the discretion of the commissioner provided three years have elapsed
since such proof was first furnished during which period such person has
not been convicted of, or forfeited bail given on  being  charged  with,
any of the offenses specified in subdivision two of section five hundred
ten  of  this chapter and no charges of any of such offenses are pending
against such person. The affidavit of such person shall be  accepted  as
proof  of  the  facts  therein stated, in the absence of evidence to the
contrary before the commissioner.
  S 2. Section 343 of the vehicle and traffic law,  subdivision  (c)  as
amended  by  chapter  300  of  the  laws  of 1960, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15004-01-9

A. 9462                             2

  S 343. Proof of  financial  responsibility  [by  certificate  showing]
SUBMITTED  BY  INSURANCE  CARRIER  OF  A  motor vehicle liability policy
[obtained].  (a) Proof of financial responsibility [may] SHALL be [made]
SUBMITTED by [filing with] THE INSURANCE CARRIER OF THE PERSON  REQUIRED
TO FURNISH SUCH PROOF DIRECTLY TO the commissioner [the]. SUCH INSURANCE
CARRIER,  DULY  AUTHORIZED  TO DO BUSINESS IN THIS STATE, SHALL SUBMIT A
written certificate [of any insurance  carrier  duly  authorized  to  do
business  in  this  state,]  certifying  that there is in effect a motor
vehicle liability policy for the  benefit  of  the  person  required  to
furnish  proof  of financial responsibility. Such certificate shall give
the effective date of such motor vehicle liability  policy,  which  date
shall  be  the  same  date  as the effective date of the certificate and
shall designate by explicit description or by appropriate reference  all
motor  vehicles covered thereby, unless the policy is issued to a person
who is not the owner of a motor vehicle.
  (b) No motor vehicle shall be or continue to be registered in the name
of any person required to file proof of financial responsibility  unless
such motor vehicle is so designated in such a certificate.
  (c)  When  a  person has been required to furnish proof of a financial
responsibility and there has been in effect a  motor  vehicle  liability
policy  for his OR HER benefit for a period of three years, during which
period such person or any vehicle registered in his OR HER name has  not
been  involved  in any accident upon which a report is required pursuant
to section six hundred five [hereof] OF THIS CHAPTER,  such  person  may
file  in  lieu thereof, the written certificate of any insurance carrier
duly authorized to do business in this state, certifying that  there  is
in  effect  a  standard  provisions  automobile liability policy in form
approved by the [superintendant]  SUPERINTENDENT  of  insurance  with  a
limit  of  liability no less than provided in subdivision (a) of section
three hundred thirty-five of this [law] ARTICLE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.