N.Y. Vehicle & Traffic Law § 319: Penalties

§ 319. Penalties. 1. Any owner of a motor vehicle registered in this

state, or an unregistered motor vehicle, who shall operate such motor

vehicle or permit it to be operated in this state without having in full

force and effect the financial security required by the provisions of

this chapter and any other person who shall operate in this state any

motor vehicle registered in this state, or an unregistered motor

vehicle, with the knowledge that the owner thereof does not have in full

force and effect such proof of financial security, except a person who,

at the time of operation of such motor vehicle, had in effect an

operator's policy of liability insurance, as defined in section three

hundred eighteen, with respect to his operation of such vehicle shall be

guilty of a traffic infraction and upon conviction may be fined not less

than one hundred fifty dollars or more than one thousand five hundred

dollars or may be imprisoned for not more than fifteen days or both. In

addition to the penalties herein set forth, such person, upon

conviction, shall also become liable for payment to the department of

the civil penalty provided in subdivision five of this section.

2. When the production of an insurance identification card is required

by any provision of this chapter, no person shall produce an insurance

identification card which indicates insurance coverage which is not in

effect. In any prosecution or proceeding alleging a violation of this

subdivision, it shall be an affirmative defense that the person so

charged did not have knowledge that the insurance indicated on such card

was not in effect. A violation of this subdivision shall be a

misdemeanor.

3. Every person who operates a vehicle registered in this state, or a

vehicle required to be registered in this state, shall, when required by

the commissioner's regulations, produce an insurance identification card

when requested by any peace officer, acting pursuant to his special

duties, police officer or magistrate. The failure to so produce such a

card shall be presumptive evidence that such person was operating the

vehicle without having in effect financial security required by the

provisions of this chapter.

4. Where the commissioner finds, other than by means of the receipt of

a certificate of conviction, that a person has violated any provision of

subdivision one of this section, such person shall become liable for

payment to the department of the civil penalty provided in subdivision

five of this section. However, the enforcement of such civil penalty,

and of any revocation order based upon such finding, shall be stayed at

the request of the person against whom such civil penalty and revocation

order has been issued until after a hearing, provided such person was

not both the operator and the owner of the motor vehicle which was being

operated without the required financial security being in effect. After

such hearing, the stay of enforcement of the civil penalty and

revocation order shall be vacated unless it is found by a preponderance

of the evidence that such person, (a) if he was the operator and not the

owner of the motor vehicle, had no knowledge that the financial security

required for such motor vehicle was not in effect; or (b) if he was the

owner and not the operator of the motor vehicle, that he did not permit,

either expressly or impliedly, the operation of such motor vehicle.

5. The civil penalty for a violation of subdivision one of this

section shall be seven hundred fifty dollars.