N.Y. Parks, Recreation and Historic Preservation Law § 25.13: Liability insurance

§ 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.