§ 25.13 Liability insurance. 1. A snowmobile which shall be operated
on the roadway or shoulder of a highway or on property which is owned,
leased or held in easement by a person other than the owner or operator
of the snowmobile, shall be covered by a policy of insurance, in such
language and form as shall be determined and established by the
superintendent of financial services, issued by an insurance carrier
authorized to do business in this state. Such policy shall provide
coverage for any one person sustaining bodily injuries or the death of
one person in any one accident in the amount of at least ten thousand
dollars, and, subject to said limit of one person, in the amount of at
least twenty thousand dollars because of bodily injury to or death of
two or more persons in any one accident, and in an amount of at least
five thousand dollars because of injury to or destruction of property of
others in any one accident, for damages arising out of negligent
operation of said snowmobile. In lieu of such insurance coverage as
hereinabove provided, the commissioner, in his discretion and upon
application of a governmental agency having registered in its name one
or more snowmobiles, may waive the requirement of insurance by a private
insurance carrier and issue a certificate of self-insurance, when he is
satisfied that such governmental agency is possessed of financial
ability to respond to judgments obtained against it, arising out of the
ownership, use or operation of such snowmobile. The commissioner may
also waive the requirement of insurance by a private insurance carrier
and issue a certificate of self-insurance upon application of any person
or any other corporation, having registered in its name, one or more
snowmobiles, and furnishing of proof that a certificate of
self-insurance has been issued and is in effect by the commissioner of
motor vehicles, pursuant to the provisions of section three hundred
sixteen of the vehicle and traffic law.

2. Proof of insurance as required by this section shall be produced
and displayed by the owner or operator of such snowmobile upon the
request of any magistrate or any person having authority to enforce the
provisions of this chapter. The failure to produce such proof upon the
request of any such person shall not be an offense but shall be
presumptive evidence that the snowmobile is being operated without
having such insurance in force and effect.

3. Proof of insurance as required by this section shall be produced
and displayed by the owner or operator of such snowmobile to any person
who has suffered or claims to have suffered either personal injury or
property damage as a result of the operation of such snowmobile by the
owner or operator, if such insurance coverage was required under the
circumstances of such operation. It shall be an affirmative defense to
any prosecution for a violation of this subdivision that such proof was
so produced or displayed within twenty-four hours of receiving notice of
such injury or damage, or the claim of such injury or damage.

4. No owner of a snowmobile shall operate or permit the same to be
operated upon the shoulders and roadways of highways or on property
which is owned, leased or held in easement by a person other than the
owner or operator of the snowmobile, without having in full force and
effect the liability insurance coverage required by this section, and no
person shall operate a snowmobile upon the shoulders and roadways of
highways or on property which is owned, leased or held in easement by a
person other than the owner or operator of the snowmobile, with
knowledge that such insurance is not in full force and effect.