N.Y. Vehicle & Traffic Law § 311: Definitions

§ 311. Definitions. As used in this article:

1. The term "superintendent" shall mean the superintendent of

financial services of this state.

2. The term "motor vehicle" shall be defined as in section one hundred

twenty-five of this chapter, except that it shall also include trailers,

semi-trailers and tractors other than tractors used exclusively for

agricultural purposes, and shall exclude fire and police vehicles, farm

equipment, including self-propelled machines used exclusively in

growing, harvesting or handling farm produce, tractors used exclusively

for agricultural purposes, or for snow plowing other than for hire, and

self-propelled caterpillar or crawler-type equipment while being

operated on the contract site.

3. The term "proof of financial security" shall mean proof of ability

to respond in damages for liability arising out of the ownership,

maintenance or use of a motor vehicle as evidenced by an owner's policy

of liability insurance, a financial security bond, a financial security

deposit, or qualifications as a self-insurer under section three hundred

sixteen of this chapter or, in the case of a non-resident, under

self-insurance provisions of the laws of the jurisdiction of such

non-resident. Notwithstanding any other provision of any law or

regulation, any proof of financial security shall for any self-propelled

motor vehicle also provide coverage required by this article to any

non-commercial trailer hauled by any such motor vehicle, other than a

mobile home. For the purposes of this article, a mobile home or

"manufactured home" means a mobile home or manufactured home as defined

in section one hundred twenty-two-c of this chapter.

4. The term "owner's policy of liability insurance" shall mean a

policy

(a) Affording coverage as defined in the minimum provisions prescribed

in a regulation which shall be promulgated by the superintendent at

least ninety days prior to effective date of this act. The

superintendent before promulgating such regulations or any amendment

thereof, shall consult with all insurers licensed to write automobile

liability insurance in this state and shall not prescribe minimum

provisions which fail to reflect the provisions of automobile liability

insurance policies, other than motor vehicle liability policies as

defined in section three hundred forty-five of this chapter, issued

within this state at the date of such regulation or amendment thereof.

Nothing contained in such regulation or in this article shall prohibit

any insurer from affording coverage under an owner's policy of liability

insurance more liberal than that required by said minimum provisions.

Every such owner's policy of liability insurance shall provide insurance

subject to said regulation against loss from the liability imposed by

law for damages, including damages for care and loss of services,

because of bodily injury to or death of any person and injury to or

destruction of property arising out of the ownership, maintenance, use,

or operation of a specific motor vehicle or motor vehicles within the

state of New York, or elsewhere in the United States in North America or

the Dominion of Canada, subject to a limit, exclusive of interest and

costs, with respect to each such motor vehicle except a tow truck, of

twenty-five thousand dollars because of bodily injuries to and fifty

thousand dollars because of death of one person in any one accident and,

subject to said limit for one person, to a limit of fifty thousand

dollars because of bodily injury to and one hundred thousand dollars

because of death of two or more persons in any one accident, and to a

limit of ten thousand dollars because of injury to or destruction of

property of others in any one accident provided, however, that such

policy need not be for a period coterminous with the registration period

of the vehicle insured. The limit, exclusive of interest and costs, with

respect to a tow truck shall be a combined single limit of at least

three hundred thousand dollars because of bodily injury or death to one

or more persons or because of injury or destruction of property of

others in any one accident, and to a limit of twenty-five thousand

dollars because of damage to a vehicle in the care, custody and control

of the insured. Any insurer authorized to issue an owner's policy of

liability insurance as provided for in this article may, pending the

issue of such a policy, make an agreement, to be known as a binder, or

may, in lieu of such a policy, issue a renewal endorsement or evidence

of renewal of an existing policy; each of which shall be construed to

provide indemnity or protection in like manner and to the same extent as

such a policy. The provisions of this article shall apply to such

binders, renewal endorsements or evidences of renewal. Every such policy

issued insuring private passenger vehicles and every renewal policy,

renewal endorsement, or other evidence of renewal issued shall have

attached thereto a rating information form which clearly specifies and

defines the rating classification assigned thereto, including any

applicable merit rating plan; and

(b) In the case of a vehicle registered in this state, a policy issued

by (i) an insurer duly authorized to transact business in this state or

(ii) where a vehicle is registered by a not-for-profit organization that

is tax-exempt under section 501(c)(3) of the federal internal revenue

code, a risk retention group not chartered in this state but which is

registered with the superintendent under the federal liability risk

retention act of 1986, comprised entirely of organizations that are

tax-exempt under section 501(c)(3) of the federal internal revenue code

and where the risk retention group qualifies as a charitable risk pool

under section 501(n) of the federal internal revenue code, provided that

the vehicle being registered does not have a seating capacity of more

than fifteen passengers, is not a limousine or luxury limousine, and

where such vehicles are not solely for personal use by a director,

officer, authorized person, or key person, their relatives or related

parties; or

(c) In the case of a vehicle lawfully registered in another state, or

in both this state and another state, (i) a policy issued by an

authorized insurer, or (ii) where a vehicle is registered by a

not-for-profit organization that is tax-exempt under section 501(c)(3)

of the federal internal revenue code, a risk retention group not

chartered in this state but which is registered with the superintendent

under the federal liability risk retention act of 1986, comprised

entirely of organizations that are tax-exempt under section 501(c)(3) of

the federal internal revenue code and where the risk retention group

qualifies as a charitable risk pool under section 501(n) of the federal

internal revenue code, provided that the vehicle being registered does

not have a seating capacity of more than fifteen passengers, is not a

limousine or luxury limousine, and where such vehicles are not solely

for personal use by a director, officer, authorized person, or key

person, their relatives or related parties, or (iii) a policy issued by

an unauthorized insurer authorized to transact business in another state

if such unauthorized insurer files with the commissioner in form to be

approved by them a statement consenting to service of process and

declaring its policies shall be deemed to be varied to comply with the

requirements of this article; and

(d) The form of which has been approved by the superintendent, except

in the case of a risk retention group not chartered in this state. No

such policy shall be issued or delivered in this state until a copy of

the form of policy shall have been on file with the superintendent for

at least thirty days, unless sooner approved in writing by the

superintendent, nor if within said period of thirty days the

superintendent shall have notified the carrier in writing that in the

superintendent's opinion, specifying the reasons therefor, the form of

policy does not comply with the laws of this state.

5. The term "certificate of insurance" shall mean any evidence issued

by or on behalf of an insurance company duly authorized to transact

business in this state, or a risk retention group authorized to issue an

owner's policy of liability insurance pursuant to subdivision four of

this section, stating in such form as the commissioner may prescribe or

approve that such company or such risk retention group has issued an

owner's policy of liability insurance on the motor vehicle or vehicles

designated therein. Such certificate shall contain information as

required by the commissioner including at least the following except as

otherwise provided:

(a) The name and address of the person to whom the policy was issued.

(b) The number and effective period of the policy. If all of the motor

vehicles owned by one person during a defined period are insured under

the same owner's policy of liability insurance the certificate of

insurance may so state and it shall then not be necessary to identify

the specific vehicle insured. The requirements of this article for an

owner's policy of liability insurance may be fulfilled by the policies

of one or more insurance carriers which policies together meet such

requirements.

(c) As to new policies, a statement that at least ten per cent of the

annual premium due on the policy has been paid. For the purposes of this

paragraph a transfer of insurance from one company to another by an

agent or broker shall not be considered the issuance of a new policy.

6. The term "financial security bond" shall mean for each motor

vehicle a bond executed by the owner and by a surety company duly

authorized to transact business in this state. The provisions of

subdivision (e) of section three hundred forty-nine of this chapter

shall apply to such bond.

7. The term "financial security deposit" shall mean for each motor

vehicle the deposit with the commissioner of twenty-five thousand

dollars in cash, or securities, such as may legally be purchased by

savings banks or trust funds, of a market value of twenty-five thousand

dollars and an additional deposit in an amount determined by the

commissioner to be sufficient to satisfy the requirements of article

fifty-one of the insurance law.

8. The term "self-insurer" shall mean a person who shall have been

determined by the commissioner in accordance with section three hundred

sixteen to be financially responsible.

9. The word "state" when used in this article shall unless the context

clearly indicates otherwise, mean any state, territory or possession of

the United States, the District of Columbia or any province of the

Dominion of Canada.

10. "Insurance Identification Card" shall mean a card issued by or on

behalf of an insurance company or bonding company duly authorized to

transact business in this state, or a risk retention group authorized to

issue an owner's policy of liability insurance pursuant to subdivision

four of this section, stating in such form as the commissioner may

prescribe or approve that such company or such risk retention group has

issued an owner's policy of liability insurance or a financial security

bond on the motor vehicle or vehicles designated therein. Such card

shall contain such information and shall be valid during such period as

may be prescribed by the commissioner. If an owner shall have filed a

financial security deposit, or shall have qualified as a self-insurer

under section three hundred sixteen of this article, the term "insurance

identification card" shall mean a card issued by the department which

evidences that such deposit has been filed or that such owner has so

qualified.