N.Y. Vehicle & Traffic Law § 2407: Liability insurance

§ 2407. Liability insurance. 1. An ATV which is operated anywhere in

this state other than on lands of the owner of the ATV 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 for coverages required of an "owner's policy

of liability insurance" as set forth in paragraph (a) of subdivision

four of section three hundred eleven of this chapter. 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 ATVs, 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 ATVs. 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 ATVs and furnishing of proof that a certificate of

self-insurance has been issued and is in effect pursuant to the

provisions of section three hundred sixteen of this chapter.

2. Proof of insurance as required by this section shall be produced

and displayed by the owner or operator of such ATV 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 ATV 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 ATV 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 ATV 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 an ATV shall operate or permit the same to be operated

anywhere in this state other than on lands of the owner of the ATV

without having in full force and effect the liability insurance coverage

required by this section, and no person shall operate an ATV anywhere in

this state other than on lands of the owner of the ATV with the

knowledge that such insurance is not in full force and effect.