New York State Law

Vehicle and Traffic Law

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Article 7 - NY Vehicle and Traffic Law

MOTOR VEHICLE SAFETY RESPONSIBILITY ACT

Section Description
330Commissioner to administer article;may require proof;court review.
331Proof required upon certain convictions.
332Proof required in the event of certain judgments.
333Payments sufficient to satisfy requirements of this article.
334Suspension waived upon payment of judgment in installments.
335Security and proof required following accident.
336Duty of courts to report judgments.
337Suspension, duration.
338Application to non-resident, other persons.
339Owner may give proof for chauffeur or member of family.
340Surrender of license and evidences of registration.
341Amount of proof required.
342Alternate methods of giving proof.
343Proof of financial responsibility by certificate showing motor vehicle liability policy obtained.
344Certificate furnished by non-resident.
345Motor vehicle liability policy.
346Proof of financial responsibility not required after February first, nineteen hundred fifty-seven.
348Article not to affect other policies.
349Filing a bond as proof of financial responsibility.
350Money or securities deposited as proof of financial responsibility.
351Person having given proof may substitute other proof.
352If proof fails commissioner may require other proof.
353When commissioner may release proof.
354Commissioner to furnish operating record.
355Operating without giving proof when proof required.
356Forging or without authority signing proof of financial responsibility.
357Failing to report convictions and judgments.
358Otherwise violating article.
359Definitions.
360Exceptions.
361Self-insurers.
362Article not to repeal other motor vehicle laws.
363Expenses of administering article.
364Uniformity of interpretation.
365Short title.
366Past application of article.
367This article does not prevent other process.
368Constitutionality
 S 330. Commissioner  to  administer  article; may require proof; court
  review. (a) The commissioner shall administer and enforce the provisions
  of this article.
    (b) The commissioner is hereby authorized to adopt  and  enforce  such
  regulations as may be necessary for the administration of this article.
    (c)  Upon  any  reasonable  ground,  appearing  on  the records of the
  bureau, the  commissioner  may  suspend  or  revoke  the  operator's  or
  chauffeur's  license of any person and may suspend or revoke any and all
  of the registration certificates or registration plates  for  any  motor
  vehicle  and  may  refuse to issue to any such person any new or renewal
  license or to register in the name of  such  person  any  motor  vehicle
  unless and until such person gives proof of his financial responsibility
  in the future as hereinafter provided in this article.
    Any  person  furnishing  proof of financial responsibility pursuant to
  this subdivision may be relieved from continuing to furnish  such  proof
  in  the discretion of the commissioner provided three years have elapsed
  since such proof was first furnished during which period such person has
  not been convicted of, or forfeited bail given on  being  charged  with,
  any of the offenses specified in subdivision two of section five hundred
  ten  of  this chapter and no charges of any of such offenses are pending
  against such person. The affidavit of such person shall be  accepted  as
  proof  of  the  facts  therein stated, in the absence of evidence to the
  contrary before the commissioner.
    (d) Any person aggrieved by an order or act of the commissioner  under
  this  section  or  under  provisions  of  this  article,  may maintain a
  proceeding under article seventy-eight of the  civil  practice  law  and
  rules  to  review,  but  the commencement of such a proceeding shall not
  suspend the order or act unless a stay thereof shall be allowed by  said
  court pending final determination of the review.
    (e) The provisions of subdivision seven of section five hundred ten of
  this chapter shall apply to a suspension under this article.

  S 331. Proof  required  upon  certain  convictions.  (a)  Whenever the
  commissioner, or other authorized person, under any law  of  this  state
  suspends  or revokes the operator's or chauffeur's license of any person
  because of the conviction of such person, the  commissioner  shall  also
  suspend  any  and  all of the registration certificates and registration
  plates issued for any motor vehicle registered in the name of the person
  so convicted as owner except that he shall not suspend such evidence  of
  registration,  unless otherwise required by law, in the event such owner
  has previously given, or shall immediately give and thereafter  maintain
  proof  of  his  financial  responsibility  in  the  future in the manner
  hereinafter specified in this article with respect  to  each  and  every
  motor vehicle owned and registered by such person.
    (b)  Such  suspensions  or  revocation  shall remain in effect and the
  commissioner shall not issue to any  such  person  any  new  or  renewal
  license  or register in the name of such person any motor vehicle, until
  permitted under this chapter and not then unless and until  such  person
  gives proof of his financial responsibility in the future as hereinafter
  provided  in  this article. Reversal on appeal of any conviction because
  of which any license or registration has been suspended pursuant to this
  article shall entitle the holder to the  restoration  thereof  forthwith
  without proof of financial responsibility.
    (c)  For the purpose of this article the term conviction shall include
  a forfeiture of bail or collateral deposited  to  secure  a  defendant's
  appearance  in  court,  which  forfeiture  has  not been vacated, upon a
  charge which upon conviction of the defendant requires or authorizes the
  commissioner to suspend or revoke the license of such person.

  S 332. Proof  required  in  the  event  of  certain judgments. (a) The
  commissioner shall also suspend the operator's  or  chauffeur's  license
  and any and all of the registration certificates and registration plates
  issued  to any person upon receiving authenticated report as hereinafter
  provided that such person has failed for a period  of  fifteen  days  to
  satisfy  any  judgment  in  amounts  and  upon  a  cause  of  action  as
  hereinafter stated.
    (b) The judgment herein referred to shall mean any judgment in  excess
  of  one thousand dollars for damages because of injury to or destruction
  of property, including loss of use thereof, or any judgment for damages,
  including damages for care and  loss  of  services,  because  of  bodily
  injury  to  or  death  of  any  person  arising  out  of  the ownership,
  maintenance, use or operation of any motor vehicle.
    (c) The commissioner shall take action as  required  in  this  section
  upon  receiving  proper  evidence  that any person in another state, the
  District of Columbia, any district court of the United  States,  or  any
  province  of  Canada, has failed for a period of fifteen days to satisfy
  any judgment in amount as stated in section three  hundred  thirty-three
  and upon a cause of action as stated in this section.
    (d)  Any  person whose license, registration or non-resident's driving
  privilege is subject to suspension hereunder, may be relieved  from  the
  effect  of  failure  to satisfy such judgment, if such person files with
  the commissioner proper evidence that a  bond  or  insurance  policy  as
  provided  for in this article was in force and effect at the time of the
  accident  resulting  in  the  judgment,  and  was  available   for   the
  satisfaction of the judgment to the extent provided for in section three
  hundred thirty-three and that such judgment was so satisfied.

  S 333. Payments  sufficient  to  satisfy requirements of this article.
  Every judgment herein referred to shall for the purpose of this  article
  only be deemed satisfied: (a) When twenty-five thousand dollars has been
  credited  upon  any  judgment  or  judgments  rendered in excess of that
  amount because of bodily injury to or when fifty  thousand  dollars  has
  been  credited upon any judgment or judgments rendered in excess of that
  amount because of death of one person as the result of any one accident;
  or
    (b) When subject to such limit of twenty-five thousand dollars because
  of bodily injury to or fifty thousand dollars because of  death  of  one
  person,  the  sum  of  fifty thousand dollars has been credited upon any
  judgment or judgments rendered in  excess  of  that  amount  because  of
  bodily  injury to or when one hundred thousand dollars has been credited
  upon any judgment or judgments rendered in excess of that amount because
  of death of two or more persons as the result of any one accident; or
    (c) When ten thousand dollars has been credited upon any  judgment  or
  judgments  rendered  in  excess  of  that amount because of injury to or
  destruction of property of others as a result of any one accident.
    Payments made in settlement of any claims because  of  bodily  injury,
  death  or property damage arising from a motor vehicle accident shall be
  credited in reduction of the amounts provided for in this section.

  S 334. Suspension  waived  upon  payment  of judgment in installments.
  (a) The commissioner shall not suspend a license or  registration  of  a
  motor  vehicle,  and shall restore any license or registration suspended
  following non-payment of a judgment,  when  the  judgment  debtor  gives
  proof  of  his  financial  responsibility  in  the future as hereinafter
  provided, and when the judgment debtor obtains an order from  the  court
  in  which  such  judgment  was  rendered, permitting the payment of such
  judgment in installments, and while the payment of any said  installment
  is not in default.
    (b)  A judgment debtor upon five days' notice to the judgment creditor
  may apply to the court in which  such  judgment  was  obtained  for  the
  privilege  of paying such judgment in installments and the court, in its
  discretion and without prejudice to any other legal remedies  which  the
  judgment  creditor  may have, may so order, fixing the amounts and times
  of payment of the installments.
    (c) In the event the judgment debtor fails to pay any  installment  as
  permitted  by  the  order of the court, then upon notice of such default
  the commissioner shall forthwith suspend the  license  and  registration
  certificates  and  registration plates of the judgment debtor until such
  judgment is satisfied as provided in this article.
    (d) Provided, however, if the judgment creditor consents  in  writing,
  in such form as the commissioner may prescribe, that the judgment debtor
  be  allowed  license  and  registration  the  same may be allowed by the
  commissioner, in his discretion, notwithstanding default in the  payment
  of such judgment or of any installments thereof, for six months from the
  date  of  such  consent  and thereafter until such consent is revoked in
  writing, if  the  judgment  debtor  furnishes  proof  of  his  financial
  responsibility in the future as hereinafter provided.

  S 335. Security  and  proof  required following accident. (a) Not less
  than ten days nor more than sixty days  after  receipt  by  him  of  the
  report  or  notice of an accident which has resulted in bodily injury or
  death, or in damage to the property of any one person in excess  of  one
  thousand  dollars,  the commissioner shall forthwith suspend the license
  of  any  person  operating,  and  the  registration   certificates   and
  registration  plates of any person owning, a motor vehicle in any manner
  involved in such accident unless and until such operator (or  chauffeur)
  or  owner  or  both  shall  have  previously  furnished  or  immediately
  furnishes security sufficient in the judgment  of  the  commissioner  to
  satisfy  any  judgment  or  judgments  for  damages  resulting from such
  accident as  may  be  recovered  against  such  owner  or  operator  (or
  chauffeur)  by  or  on  behalf  of  any  aggrieved  person  or his legal
  representative,  and  unless  and  until  such  owner  or  operator  (or
  chauffeur)  or  both  shall  immediately furnish and thereafter maintain
  proof  of  financial  responsibility  in  the  future.  Where  erroneous
  information  with respect to insurance coverage of the owner or operator
  (or chauffeur) of any such vehicle is furnished to the commissioner,  he
  shall  take appropriate action as above provided within sixty days after
  the receipt by him of correct information with respect to such coverage.
  This section shall  not  apply:  (1)  to  such  owner  or  operator  (or
  chauffeur) if such owner had in effect at the time of such accident with
  respect to such motor vehicle a standard provisions automobile liability
  policy  in form approved by the superintendent of financial services and
  issued by an insurance company authorized to do business in  this  state
  or,  if  such  motor  vehicle  was not registered in this state or was a
  motor vehicle which was registered elsewhere than in this state  at  the
  effective  date  of  the  policy, or the most recent renewal thereof, an
  automobile  liability  policy  acceptable  to  the   superintendent   of
  financial  services  as  substantially  the  equivalent of such standard
  provisions  automobile  liability  policy;  (2)  to  such  operator  (or
  chauffeur),  if  not  the  owner  of such motor vehicle, if there was in
  effect at the time of such accident such a policy with  respect  to  his
  operation  of  motor vehicles not owned by him or, if such motor vehicle
  was a private passenger motor vehicle, with respect to his operation  of
  private  passenger  motor vehicles not owned by him or (3) to such owner
  or operator (or chauffeur) if the liability of such  owner  or  operator
  (or  chauffeur)  for  damages  resulting  from  such accident is, in the
  judgment of the commissioner, covered by any  other  form  of  liability
  insurance  policy  issued  by  an  insurance  company  authorized  to do
  business in this state or by a bond, provided every such policy or  bond
  mentioned  herein  is  subject,  if  the accident has resulted in bodily
  injury, to a limit, exclusive of  interest  and  costs,  of  twenty-five
  thousand  dollars  or death to a limit, exclusive of interest and costs,
  of fifty thousand dollars, because of bodily injury to or 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 or one
  hundred thousand dollars because of death of two or more persons in  any
  one  accident,  and,  if  the  accident  has  resulted  in  injury to or
  destruction of property, to a limit of ten thousand dollars  because  of
  injury  to  or  destruction of property of others in any one accident or
  (4) to such owner or operator if the commissioner shall  determine  that
  the  failure  to  have  liability coverage as described above was caused
  solely by the negligence or malfeasance  of  a  person  other  than  the
  person whose license or registration has been suspended or is subject to
  suspension, and that the person seeking to avoid such suspension was not
  aware  of  the lack of such liability coverage. However, with respect to
  the provisions of (4) above, the burden  of  proof  shall  be  upon  the
  person  seeking  to avoid such suspension action. Provided further, that
  such facts shall be established by clear and convincing evidence, either
  by the submission of affidavits or at a hearing called in the discretion
  of the commissioner.
    Upon  receipt  of  notice  of  such accident, the insurance carrier or
  surety company which issued such policy or bond shall furnish for filing
  with the commissioner a written notice that such policy or bond  was  in
  effect  at the time of such accident or shall notify the commissioner in
  such manner as he may require in case such policy or  bond  was  not  in
  effect at the time of such accident.
    In  case  any  such operator (or chauffeur) or owner has no license to
  operate issued under this chapter or no motor vehicle registered in  his
  name  in  this  state, he shall not be allowed a license or registration
  until he has complied with this article to the same extent as  would  be
  necessary  if  he  had  held  an operator's or chauffeur's license and a
  motor vehicle registration issued under this chapter at the time of  the
  accident.
    (b)  Such  security,  where ordered, shall be in such form and in such
  amount as the commissioner may require, but in no case in excess of  the
  amount  of  proof  required  by  section three hundred forty-one of this
  article. The commissioner may reduce the amount of security  ordered  in
  any  case  within  six months after the date of the accident, if, in his
  judgment, the  amount  ordered  is  too  large.  In  case  the  security
  originally  ordered  has  been  deposited, the excess deposited over the
  reduced amount ordered  shall  be  returned  to  the  depositor  or  his
  personal  representative  forthwith,  notwithstanding  the provisions of
  subdivision (c) of this section.
    (c) Security furnished in compliance with  the  requirements  of  this
  section  shall  be  placed  by  the  commissioner  in the custody of the
  commissioner of taxation and finance and shall be applicable only to the
  payment of a judgment against the depositor for damages arising  out  of
  the  accident  in  question in an action at law begun not later than one
  year after the  date  of  such  accident  or,  upon  assignment  of  the
  depositor, made not later than one year after the date of such accident,
  to  the  settlement  of  a  claim  arising out of such accident, or upon
  assignment of the depositor, made after the expiration of one year after
  the date of such accident, to the settlement of an action at  law  begun
  not  later  than  one  year after the date of such accident. All of such
  payments made out of the deposited security shall be  made  as  follows:
  Payment  shall  first  be  made to each of the judgment creditors and to
  each of the claimants who have agreed  to  settle  their  claims,  whose
  damages  were  evaluated  by  the commissioner, in an amount not greater
  than the amount fixed in  their  respective  evaluations.  Whenever  the
  commissioner  shall  be  given  evidence,  satisfactory to him, that the
  amounts of all claims for damages against the depositor arising  out  of
  such  accident  are  fixed,  either by judgment or settlement agreement,
  payment shall be made out of  any  balance  remaining  after  the  first
  distribution  to  each  of  those  persons whose judgments or settlement
  amounts have not been fully paid but whose damages were evaluated by the
  commissioner,  in  proportion  to  the  amounts  of   their   respective
  evaluations  unless there is sufficient to make payment in full; and any
  balance remaining after the first and second distributions are completed
  shall be paid to those judgment creditors and those claimants  who  have
  agreed  to  settle their claims but whose damages were not evaluated, in
  proportion to the amounts of their respective  judgments  or  settlement
  amounts  unless  there  is  sufficient  to  make  payment  in full. Such
  deposit, or any balance thereof, shall be returned to the  depositor  or
  his  personal representative whenever after the expiration of such year,
  the commissioner shall be given  evidence,  satisfactory  to  him,  that
  there  is  no  such  action  pending and no such judgment unsatisfied or
  whenever, before the expiration of such year, the commissioner shall  be
  given  evidence,  satisfactory  to  him,  that there is no such judgment
  unsatisfied and that there is no existing cause of  action  against  the
  depositor for damages arising out of such accident.
    (c-1) After security, furnished in compliance with the requirements of
  this  section,  has remained on deposit for five years, the commissioner
  shall make a determination as to whether the  deposit,  or  any  balance
  thereof,  is returnable to the depositor or the person entitled thereto.
  In the event that such deposit, or any balance thereof, is determined to
  be returnable, but remains unclaimed by  the  depositor  or  the  person
  entitled  thereto  for  a  period of one year following the date of such
  determination, such unclaimed deposit, or any balance thereof, shall  be
  deemed  abandoned  property  subject  to the provisions of the abandoned
  property law.
    (d) The provisions of subdivision (a) of this section shall not  apply
  to  the  owner  of  a  motor  vehicle  operated  by  one having obtained
  possession or control thereof without the expressed or  implied  consent
  of  such owner, to a police officer or member of the state police who is
  compelled to assume the custody and operation  of  a  motor  vehicle  of
  another  because  such  motor vehicle was (1) stolen from or lost by the
  owner, (2) abandoned, either by the owner or any other  person  with  or
  without  the owner's consent, (3) is being operated by a person disabled
  so as not to be able to operate it properly, or (4) is being operated by
  an intoxicated person; or to either the owner or  operator  of  a  motor
  vehicle  involved  in an accident wherein no damage or injury was caused
  to other than the person or property of such owner or operator.
    (e) In lieu of deposit of  security  when  required  pursuant  to  the
  provisions  of  this  section  the  commissioner  may  accept  a written
  agreement, executed and acknowledged by the person required  to  deposit
  security  and  any  person  who  has  sustained bodily injury, including
  death, or damage to his property, or his legal representative, providing
  for the payment of an agreed amount in installments, with respect to the
  claims of such  person  for  injuries  or  damages  resulting  from  the
  accident.  In  the  event of default in payment of any installment under
  such agreement, then upon notice of such default the commissioner  shall
  forthwith   suspend   the  license  and  registration  certificates  and
  registration plates of the person in  default  until  release  has  been
  filed with the commissioner indicating that the entire agreed amount has
  been  paid. But in no case shall such agreement be used in lieu of proof
  of maintenance  of  financial  responsibility  in  the  future  required
  pursuant to the provisions of this section.

  S 336. Duty  of courts to report judgments. The clerk of the court, or
  the court where it has no clerk, shall,  upon  written  request  of  the
  judgment  creditor  or  his  attorney,  forward  to  the  commissioner a
  certified copy of transcript of any judgment for damages, the  rendering
  and  non-payment  of which judgment requires the commissioner to suspend
  the operator's or chauffeur's license and/or the  registrations  in  the
  name  of  the  judgment  debtor hereunder, such copy or transcript to be
  forwarded to the commissioner immediately upon the expiration of fifteen
  days after such judgment has become final by expiration  without  appeal
  of  the  time  within which appeal might have been perfected or by final
  affirmance on appeal, and has not been otherwise stayed, or satisfied.

   S 337. Suspension,  duration.  (a) The suspension required in sections
  three hundred thirty-two, three hundred thirty-four  and  three  hundred
  thirty-five  (e) shall remain in effect, the motor vehicle in any manner
  involved in such accident shall not be registered in  the  name  of  the
  person  whose  license and/or registration certificate was so suspended,
  or in any other name where the commissioner has  reasonable  grounds  to
  believe  that  such  registration  will have the effect of defeating the
  purposes of this article, and no other motor vehicle shall be registered
  in the name of such person nor any new licenses issued  to  such  person
  unless  and  until such judgment is satisfied or stayed or is discharged
  in  bankruptcy  and  the  judgment  debtor  gives  proof  of   financial
  responsibility  in  the  future  as  required  pursuant to section three
  hundred thirty-five except under the conditions as  stated  in  sections
  three hundred thirty-three and three hundred thirty-four.
    (b) The suspension required in section three hundred thirty-five shall
  remain  in  effect,  the  motor  vehicle  in any manner involved in such
  accident shall not be registered in the name of the person whose license
  and/or registration certificate was so suspended, or in any  other  name
  where  the  commissioner  has  reasonable  grounds  to believe that such
  registration will have the effect of  defeating  the  purposes  of  this
  article,  and  no other motor vehicle shall be registered in the name of
  such person nor any new licenses issued to such person, unless and until
  such person complies with the requirement  with  respect  to  furnishing
  security,  or  unless and until such person has obtained a release, or a
  favorable judgment in an action at law to recover damages resulting from
  such accident or unless such person shall have satisfied in  the  manner
  herein  provided  any  judgment  rendered against such person in such an
  action,  or  unless  such  judgment  rendered  against  such  person  is
  discharged  in bankruptcy, and at all events until such person gives and
  thereafter maintains proof of his financial responsibility.
    Provided, however, that  any  person  whose  license  or  registration
  became   subject  to  suspension  or  has  been  suspended  pursuant  to
  subdivision (a) of section three hundred  thirty-five,  whether  or  not
  such   person   has   furnished   security   and   proof   of  financial
  responsibility, shall be relieved from furnishing or  maintaining  proof
  of  financial  responsibility if (1) one year has elapsed since the date
  of the accident,  (2)  nine  months  have  elapsed  since  the  date  of
  compliance with any suspension order made against such person because of
  such accident, (3) such person has neither paid nor agreed in writing to
  pay  anything  for damages resulting from such accident, (4) no suit for
  damages because thereof has been brought against  such  person  and  (5)
  such  person  is  not required to furnish or maintain proof of financial
  responsibility for some reason other than for having  been  involved  in
  such  accident.  If  a  suit  or  suits  for damages resulting from such
  accident shall have been brought and  such  suit  or  suits  shall  have
  resulted  in a judgment or judgments, the successful person in such suit
  or suits shall be relieved  from  furnishing  or  maintaining  proof  of
  financial  responsibility forthwith provided such person is not required
  to furnish or maintain such proof for reasons other than for having been
  involved in such  accident  and,  in  case  such  person  has  furnished
  security  because  of having been involved in such accident, it shall be
  returned to such person or the personal representative  of  such  person
  forthwith  notwithstanding  the provisions of subdivision (c) of section
  three hundred thirty-five. The fact of  having  been  involved  in  such
  accident  shall  not  bar  the issuance of license and registration to a
  person who has been relieved from furnishing  or  maintaining  proof  of
  financial responsibility pursuant to the provisions of this paragraph.
    (c)  A  discharge  in  bankruptcy  following the rendering of any such
  judgment  shall  not  relieve  the  judgment  debtor  from  any  of  the
  requirements  of  this article unless otherwise provided in subdivisions
  (a) and (b) of this section.

   S 338. Application  to  non-resident,  other persons. (a) Whenever, by
  the laws of this state, the commissioner has the  power  to  suspend  or
  revoke  a  license  if  the  operator  or chauffeur were a resident, the
  commissioner shall have similar power to suspend or revoke  the  license
  or  to  forbid  the  operation of a motor vehicle in this state owned by
  such  operator  or  chauffeur  if  the  operator  or  chauffeur   is   a
  non-resident.  And  whenever  by the laws of this state the commissioner
  has the power to suspend or revoke  the  registration  certificates  and
  registration plates if the owner were a resident, the commissioner shall
  have  similar  power  to  forbid  the operation within this state of any
  motor vehicle if the owner is a non-resident.
    (b) All of the provisions of this article shall apply  to  any  person
  who is not a resident of this state under the same circumstances as they
  would apply to a resident; and, in such event, such a non-resident shall
  not  operate any motor vehicle in this state nor shall any motor vehicle
  owned  by  him  be  operated  in  this  state,  unless  and  until  such
  non-resident  or  the owner of the motor vehicle, if another person, has
  complied  with  the  requirements  of  this  article  with  respect   to
  furnishing  security and giving proof of financial responsibility in the
  future.
    (c) Upon conviction of a non-resident or in case  of  any  unsatisfied
  judgment rendered against a non-resident which conviction or unsatisfied
  judgment results in suspension of such non-resident's driving privileges
  in  this state and/or the prohibition of the operation within this state
  of any motor vehicle owned by such non-resident, the commissioner  shall
  transmit  a  certified  copy of any record of any such conviction or any
  such unsatisfied judgment or any other action pursuant to  this  article
  resulting  in  suspension of a non-resident's driving privileges in this
  state and/or the prohibition of the operation within this state  of  any
  motor   vehicle   owned  by  such  non-resident  to  the  motor  vehicle
  commissioner or officer performing the functions of  a  commissioner  in
  the state in which such non-resident resides.
    In  case  a  non-resident's  failure  to comply with the provisions of
  section  three  hundred  thirty-five  results  in  suspension  of   such
  non-resident's rights and privileges in this state and/or prohibition of
  the  operation  within  the  state  of  any  motor vehicle owned by such
  non-resident, the commissioner shall transmit a certified  copy  of  the
  record  of  such  action  to  the  motor vehicle commissioner or officer
  performing the functions of the commissioner in the state in which  such
  non-resident resides, if the law of such other state provides for action
  in  relation  thereto similar to that provided for in subdivision (d) of
  this section.
    (d) The commissioner shall take action as required  anywhere  in  this
  article, upon receiving proper evidence that any resident of this state,
  has  in  any other state had his driving privileges suspended and/or the
  operation of any motor vehicle owned by him prohibited pursuant to a law
  of such other state providing for such suspension or prohibition because
  of a conviction or  because  of  an  unsatisfied  judgment  which  would
  require  the commissioner to suspend a non-resident's driving privileges
  had such a conviction or judgment been rendered in this state against  a
  non-resident, provided, however, that no suspension or prohibition shall
  be  effective  until  twenty  days have elapsed from the date upon which
  notice of suspension shall have been mailed to  the  operator  or  owner
  during  which period such operator or owner shall be permitted to submit
  evidence of satisfaction of the  judgment  or  other  evidence  relating
  thereto.
    Upon  receipt  of  a  certification  that the operating privilege of a
  resident of this state has been suspended, revoked or cancelled  in  any
  such  other  state  pursuant  to  a  law  providing  for its suspension,
  revocation or cancellation for  failure  to  deposit  security  for  the
  payment of a judgment as may arise out of a motor vehicle accident under
  circumstances   which  would  require  the  commissioner  to  suspend  a
  non-resident's operating privilege had the  accident  occurred  in  this
  state, the commissioner shall suspend the license of such resident if he
  was  the operator, and all of his registrations if he was the owner of a
  motor vehicle involved in such accident. Such suspension shall  continue
  until such resident furnishes evidence of his compliance with the law of
  such other state relating to the deposit of such security.
    (e)  The  word  "state"  when  used  in this section 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.

   S 339. Owner  may  give  proof  for  chauffeur  or  member  of family.
  Whenever the commissioner determines that any person  required  to  give
  proof   or  furnish  security  under  this  article,  or  under  certain
  provisions of article three previously numbered article  six-a  of  this
  chapter,  as  added  by  chapter  six hundred ninety-five of the laws of
  nineteen hundred twenty-nine  and  repealed  by  chapter  eight  hundred
  seventy-two  of  the  laws  of  nineteen  hundred forty-one, is or later
  becomes a chauffeur or motor vehicle operator,  however  designated,  in
  the  employ  of  an  owner  of a motor vehicle, or is or later becomes a
  member of the immediate family or household of  the  owner  of  a  motor
  vehicle, the commissioner shall accept proof of financial responsibility
  given  by  such  owner  in  lieu  of proof by such person to permit such
  person to operate a motor vehicle for which the owner has given proof as
  herein provided.  In case such person is one who is furnished  proof  of
  financial  responsibility  by  his employer, he shall not be required to
  furnish security. The  commissioner  shall  designate  the  restrictions
  imposed  by  this  section  on  the  face of such person's operator's or
  chauffeur's license.
    If the owner of a motor vehicle is one  who  is  required  to  furnish
  coverage  for  the  vehicle  under section three hundred seventy of this
  chapter, or one  whose  vehicles  are  operated  under  a  permit  or  a
  certificate  of  convenience and necessity issued pursuant to the public
  service law or is a self-insurer,  proof  by  the  owner  on  behalf  of
  another  as  provided by this section may be made if there is filed with
  the commissioner satisfactory evidence that such owner has complied with
  the law with respect to his liability for damage caused by the operation
  of his vehicles by providing the required insurance or other coverage or
  that he is a self-insurer.

   S 340. Surrender  of  license  and  evidences of registration. (a) Any
  person  whose  operator's  or  chauffeur's   license   or   registration
  certificates  or  registration plates have been suspended as provided in
  this article and have not been reinstated shall immediately return every
  such license, registration certificate and registration plates  held  by
  such  person  to the commissioner. Any person wilfully failing to comply
  with this requirement is guilty of a misdemeanor.
    (b) The commissioner is hereby authorized to take  possession  of  any
  license,  registration  certificate  or  registration  plates  upon  the
  suspension thereof under the provisions of this article or to direct any
  peace officer, acting pursuant to his special duties or  police  officer
  to  take  possession thereof and to return the same to the office of the
  commissioner.

   S 341. Amount  of  proof  required.  Proof of financial responsibility
  shall mean  proof  of  ability  to  respond  in  damages  for  liability
  thereafter incurred, arising out of the ownership, maintenance or use of
  a  motor  vehicle, in the amount of twenty-five thousand dollars because
  of bodily injury to or fifty thousand dollars because of  death  of  any
  one  person,  and  subject  to  said limit respecting one person, in the
  amount of fifty thousand dollars because of  bodily  injury  to  or  one
  hundred  thousand dollars because of death of two or more persons in any
  one accident, and in the amount  of  ten  thousand  dollars  because  of
  injury  to or destruction of property in any one accident. Such proof in
  such amounts shall be furnished for each  motor  vehicle  registered  by
  such person.

    S 342. Alternate   methods   of   giving  proof.  Proof  of  financial
  responsibility when required under this article  may  be  given  by  the
  following alternate method; either by proof that a policy or policies of
  motor  vehicle  liability  insurance  have been obtained and are in full
  force and effect, or that a bond has been duly executed, or that deposit
  has been made of money or securities, all as hereinafter provided.

   S 343. Proof  of financial responsibility by certificate showing motor
  vehicle liability policy obtained. (a) Proof of financial responsibility
  may be made by filing with the commissioner the written  certificate  of
  any  insurance  carrier  duly  authorized  to do business in this state,
  certifying that there is in effect a motor vehicle liability policy  for
  the  benefit  of  the  person  required  to  furnish  proof of financial
  responsibility. Such certificate shall give the effective date  of  such
  motor vehicle liability policy, which date shall be the same date as the
  effective  date  of  the  certificate  and  shall  designate by explicit
  description or by  appropriate  reference  all  motor  vehicles  covered
  thereby, unless the policy is issued to a person who is not the owner of
  a motor vehicle.
    (b) No motor vehicle shall be or continue to be registered in the name
  of  any person required to file proof of financial responsibility unless
  such motor vehicle is so designated in such a certificate.
    (c) When a person has been required to furnish proof  of  a  financial
  responsibility  and  there  has been in effect a motor vehicle liability
  policy for his benefit for a period of three years, during which  period
  such  person or any vehicle registered in his name has not been involved
  in any accident upon which a report is required pursuant to section  six
  hundred  five  hereof, such person may file in lieu thereof, the written
  certificate of any insurance carrier duly authorized to do  business  in
  this  state,  certifying  that  there is in effect a standard provisions
  automobile liability policy in form approved by  the  superintendant  of
  financial  services  with  a limit of liability no less than provided in
  subdivision (a) of section three hundred thirty-five of this law.

    S 344. Certificate  furnished  by  non-resident.  (a) The non-resident
  owner of a foreign vehicle may give proof of financial responsibility by
  filing with the commissioner a written certificate or certificates of an
  insurance carrier authorized to transact business in the state, District
  of Columbia, or territory or lands in continental  United  States  under
  the exclusive jurisdiction of the United States, or a province of Canada
  in  which  the  motor  vehicle  or  motor  vehicles  described  in  such
  certificate is registered, or if such non-resident does not own a  motor
  vehicle,  then in the state, District of Columbia, or territory or lands
  in continental United States under the  exclusive  jurisdiction  of  the
  United  States,  or  province of Canada in which the insured resides and
  otherwise  conforming  to  the  provisions  of  this  article,  and  the
  commissioner  shall  accept  the same upon condition that said insurance
  carrier complies with the following provisions of this section.
    (1)  Said  insurance  carrier  shall  execute  a  power  of   attorney
  authorizing  the  commissioner to accept service on its behalf of notice
  or process in any action arising out of a motor vehicle accident in this
  state.
    (2) Said insurance carrier shall duly adopt a resolution  which  shall
  be  binding  upon  it, declaring that its policies shall be deemed to be
  varied to comply with the law of this state relating  to  the  terms  of
  motor vehicle liability policies issued herein.
    (3)  Said  insurance  carrier  shall also agree to accept as final and
  binding any judgment of any court  of  competent  jurisdiction  in  this
  state  duly  rendered  in  any  action  arising  out  of a motor vehicle
  accident.
    (4) Said insurance carrier shall also agree to pay any assessment  for
  expenses of administration of this article levied against it as provided
  in section three hundred sixty-three of this chapter.
    (b)  If  any  foreign insurance carrier which has qualified to furnish
  proof of financial responsibility as hereinbefore required  defaults  in
  any   said  undertakings  or  agreements,  the  commissioner  shall  not
  thereafter accept any certificate of said carrier,  whether  theretofore
  filed  or  thereafter  tendered  as proof of financial responsibility so
  long as such default continues.

   S 345. Motor vehicle liability policy. (a) A "motor vehicle liability
  policy" as said term is used in this article shall mean an owner's or an
  operator's policy  of  liability  insurance  certified  as  provided  in
  section three hundred forty-three or section three hundred forty-four as
  proof  of  financial  responsibility,  and  issued  except  as otherwise
  provided in section three hundred forty-four, by  an  insurance  carrier
  duly authorized to transact business in this state to or for the benefit
  of the person named therein as insured.
    (b) Such owner's policy of liability insurance
    (1)   Shall  designate  by  explicit  description  or  by  appropriate
  reference, all motor vehicles with respect to which coverage is  thereby
  intended to be granted.
    (2)  Shall  insure  as  insured the person named therein and any other
  person using or responsible for the use of any  such  motor  vehicle  or
  motor  vehicles  with  the  consent,  express  or implied, of such named
  insured.
    (3) Shall insure the insured or such other person  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 such 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 cost, with respect to each such motor vehicle, except a tow
  truck,  of  twenty-five  thousand dollars because of bodily injury to or
  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  or  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.  The  limit,  exclusive  of
  interest  and  costs,  with  respect  to a tow truck shall be a combined
  single limit of three hundred thousand dollars because of bodily  injury
  of  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.
    (c)  Such  operator's  policy  of liability insurance shall insure the
  person named therein as insured against loss from the liability  imposed
  upon  him  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 use by him of any motor
  vehicle not owned by him, within the same territorial limits and subject
  to  the  same limits of liability as are set forth above with respect to
  an owner's policy of liability insurance.
    (d) Such motor vehicle liability policy shall provide for the name and
  address of the named insured, the coverage afforded by the  policy,  the
  premium charged therefor, the policy period and the limits of liability,
  and shall contain an agreement that the insurance thereunder is provided
  in  accordance  with  the  coverage  defined in this article as respects
  bodily injury and death or property damage or both and is subject to all
  the provisions of this article.
    (e) Such motor vehicle liability policy shall not insure any liability
  on account of bodily injury to or death of an employee  of  the  insured
  for which benefits are payable under any workmen's compensation law. Nor
  is  any  such  policy required to insure any liability on account of (1)
  damage to property of others in charge of the insured or of  his  agents
  or employees (2) bodily injury to or death of the insured, or (3) except
  as provided in paragraphs one and two of subsection (g) of section three
  thousand  four  hundred twenty of the insurance law, bodily injury to or
  death of the spouse of the insured, or for injury  to  property  of  the
  spouse  of the insured; and any insurance of any such liability afforded
  by such a policy shall be subject to the provisions of subsection (f) of
  this section.
    (f) Such motor vehicle liability policy may, however, grant any lawful
  coverage in excess of or in addition to the  coverage  herein  specified
  and  such  excess  or  additional  coverage  shall not be subject to the
  provisions of this article.
    (g) Several policies of one or more insurance carriers which  together
  meet  the  requirements  of  this section shall be termed "motor vehicle
  liability policy" within the meaning of this article.
    (h) No motor vehicle liability 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 of financial services for at least thirty  days,
  unless  sooner  approved  in  writing by the superintendent of financial
  services, nor if within said period of thirty days the superintendent of
  financial services shall have notified the carrier in  writing  that  in
  his  opinion,  specifying  the reasons therefor, the form of policy does
  not comply with the laws of this state. The superintendent of  financial
  services  shall  approve any form of policy which discloses the name and
  address of the insured,  the  coverage  afforded  by  such  policy,  the
  premium  charged therefor, the policy period, the limit of liability and
  the agreement that the insurance thereunder is  provided  in  accordance
  with  the  coverage  defined  in  this section and is subject to all the
  provisions of this article.
    (i) Every motor vehicle liability  policy  shall  be  subject  to  the
  following provisions which need not be contained therein:
    (1)  The  liability  of  any  company  under a motor vehicle liability
  policy shall become absolute whenever loss or  damage  covered  by  said
  policy  occurs,  and the satisfaction by the insured of a final judgment
  for such loss or damage shall not be a condition precedent to the  right
  or  duty  of  the  carrier  to  make  payment on account of such loss or
  damage. No such policy shall be cancelled or annulled  as  respects  any
  loss  or  damage  by  any  agreement between the carrier and the insured
  after the said insured has become responsible for such loss  or  damage,
  and  any  such cancellation or annullment shall be void. If the death of
  the insured shall occur after the insured has become liable  during  the
  policy period for loss or damage covered by the policy, the policy shall
  not  be  deemed  terminated by such death with respect to such liability
  and the company shall be liable thereunder in the same manner and to the
  same extent as though death had not occurred. Upon  the  recovery  of  a
  final  judgment  against  any person for any such loss or damage, if the
  judgment debtor or the decedent whom he represents was at the accrual of
  the cause of action insured against liability  therefor  under  a  motor
  vehicle  liability  policy,  the  judgment creditor shall be entitled to
  have the insurance money applied to the satisfaction  of  the  judgment.
  But the policy may provide that the insured, or any other person covered
  by  the policy, shall reimburse the company for payments made on account
  of any accident,  claim  or  suit  involving  a  breach  of  the  terms,
  provisions or conditions of the policy; and further, if the policy shall
  provide  for  limits in excess of the limits designated in this section,
  the insurance carrier may plead against  such  judgment  creditor,  with
  respect  to  the amount of such excess limits of liability, any defenses
  which it may be entitled to plead against the insured. Any  such  policy
  may  further  provide for the prorating of the insurance thereunder with
  other  applicable  valid  and  collectible  insurance.  If  the   death,
  insolvency  or  bankruptcy  of the insured shall occur within the policy
  period, the policy during the unexpired portion  of  such  period  shall
  cover the legal representatives of the insured. No statement made by the
  insured  or  on his behalf, and no violation of the terms of the policy,
  shall operate to defeat or avoid the policy so as to bar recovery within
  the limits provided in subdivision (b) of this section.
    (2) The policy, the written application  therefor  (if  any)  and  any
  rider  or  endorsement,  which shall not conflict with the provisions of
  this article, shall constitute the entire contract between the parties.
    (3) Any insurance carrier authorized to issue motor vehicle  liability
  policies  as provided for in this article may, pending the issue of such
  a policy, execute an agreement, to be known as a binder; or may, in lieu
  of such a policy issue an indorsement to 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
  section shall apply to such binders and endorsements.

  S 346. Proof  of  financial responsibility not required after February
  first,  nineteen  hundred  fifty-seven.     Notwithstanding  any   other
  provision  of  law,  no  person,  on  and after February first, nineteen
  hundred fifty-seven, shall be required to  file  or  maintain  proof  of
  financial responsibility pursuant to this article.

  S 348. Article  not  to  affect other policies. (a) This article shall
  not be held to apply to  or  affect  policies  of  automobile  insurance
  against  liability  which  may now or hereafter be required by any other
  law of this state, and such policies, if  endorsed  to  conform  to  the
  requirements  of  this  article  shall be accepted as proof of financial
  responsibility when required under this article.
    (b) This article shall not be held to  apply  to  or  affect  policies
  insuring  solely  the  insured  named  in  the  policy against liability
  resulting from the maintenance, or  use  by  persons  in  the  insured's
  employ or in his behalf of motor vehicles not owned by the insured.

  S 349. Filing  a  bond  as  proof  of  financial responsibility. (a) A
  person required to give proof of financial responsibility may file  with
  the commissioner a bond meeting the requirements of this section.
    (b) Such bond shall be executed by the person giving such proof and by
  a surety company duly authorized to transact business in this state.
    (c)  The  commissioner  shall  not  accept  any such bond unless it is
  conditioned for payments in amounts and under the same circumstances  as
  would  be  required in a motor vehicle liability policy furnished by the
  person giving such proof under this article.
    (d) No such bond shall be cancelled unless  ten  days'  prior  written
  notice  of  cancellation  is  given the commissioner but cancellation of
  such bond shall not prevent recovery thereon with respect to  any  right
  or cause of action arising prior to the date of cancellation.
    (e)  If  a  final  judgment rendered against the principal on the bond
  filed with the commissioner as provided in this  article  shall  not  be
  satisfied within fifteen days after its rendition, the judgment creditor
  may,  for  his  own  use  and  benefit and at his sole expense, bring an
  action on said bond in the name of the  state  against  the  company  or
  persons executing such bond.

 S 350. Money   or   securities   deposited   as   proof  of  financial
  responsibility. (a) A person may give proof of financial  responsibility
  by  delivering to the commissioner one hundred fifty thousand dollars in
  cash, or securities, such as may legally be purchased by  savings  banks
  or  for  trust  funds,  of  a market value of one hundred fifty thousand
  dollars.
    (b) All money or securities so delivered to the commissioner shall  be
  placed  by  the  commissioner  in  the  custody  of  the commissioner of
  taxation and finance and shall be subject to execution  to  satisfy  any
  judgment  mentioned  in  this  article within the limits of coverage and
  subject to the limits on amounts required  by  this  article  for  motor
  vehicle  liability  policies,  and if such moneys or securities shall be
  otherwise subjected to attachment or any execution, the depositor  shall
  immediately  furnish such additional moneys or securities, not otherwise
  subjected to attachment or execution, to meet the requirements  of  this
  section.
    (c)  The commissioner shall not accept such money or securities unless
  accompanied by evidence that there are no unsatisfied judgments  against
  such  person  registered in the office of the county clerk of the county
  where such person resides.

 S 351. Person  having  given  proof  may  substitute  other proof. The
  commissioner  shall  cancel  any  bond  or  return  any  certificate  of
  insurance,  or  the  commissioner  shall  direct  and  the department of
  taxation and finance shall return any money or securities, to the person
  entitled thereto upon the substitution and acceptance of other  adequate
  proof of financial responsibility pursuant to this article.

  S 352. If  proof fails commissioner may require other proof.  Whenever
  any proof of financial responsibility filed  by  any  person  under  the
  provisions  of  this  article  no  longer fulfills the purpose for which
  required, the commissioner shall,  for  the  purpose  of  this  article,
  require  other  proof  of  financial  responsibility as required by this
  article, and shall suspend the operator's or  chauffeur's  license,  and
  registration certificates and registration plates of such person pending
  such proof.

  S 353. When  commissioner  may  release  proof. The commissioner shall
  upon request consent to the cancellation of any bond or insurance policy
  or return to the  person  entitled  thereto  any  money  or  securities,
  deposited pursuant to this article as proof of financial responsibility,
  or  waive the requirement of filing proof of financial responsibility in
  any of the following events:
    (1) In the event of the death of the person on whose behalf such proof
  was filed, or the permanent incapacity of such person to operate a motor
  vehicle; or
    (2) In  the  event  the  person  who  has  given  proof  of  financial
  responsibility   surrenders   his  operator's  or  chauffeur's  license,
  registration certificates and registration plates to  the  commissioner,
  but  the  commissioner  shall  not  release  such proof in the event any
  action for damages upon a liability referred to in this article is  then
  pending,  or  any  judgment upon any such liability then outstanding and
  unsatisfied, or in the event the commissioner has received  notice  that
  such  person has within the period of three months immediately preceding
  been involved as a driver in any motor vehicle accident.   An  affidavit
  of  the applicant of the non-existence of such facts shall be sufficient
  evidence thereof in the absence of  evidence  to  the  contrary  in  the
  records of the bureau.
    Whenever any person to whom proof has been surrendered, as provided in
  this  section,  applies  for an operator's or chauffeur's license or the
  registration of a motor vehicle, any such application shall  be  refused
  unless the applicant shall reestablish such proof.

  S 354. Commissioner  to  furnish  operating  record.  The commissioner
  shall upon request furnish  any  insurance  carrier  or  any  person  an
  abstract of the operating record of any person subject to the provisions
  of  this  article,  which  abstract  shall  include  enumeration  of any
  convictions of such person of  a  violation  of  any  provision  of  any
  statute relating to the operation of a motor vehicle or any accidents in
  which a motor vehicle driven by such person has been involved during the
  current  calendar  year  and  the three calendar years preceding that in
  which  the  request  for  the  operating  record  is  received  and   if
  specifically requested shall also fully designate the motor vehicles, if
  any,  registered  in the name of such person and the name of the insurer
  insuring such motor vehicle, for the  registration  year  in  which  the
  request  for the operating record is received. A request for an abstract
  of an operating record shall be subject to the provisions of section two
  hundred two of this chapter.

  S 355. Operating  without giving proof when proof required. Any person
  whose operator's or chauffeur's license or registration  certificate  or
  other  privilege  to  operate  a  motor  vehicle  has  been suspended or
  revoked, restoration thereof  or  the  issuance  of  a  new  license  or
  registration  being contingent upon the furnishing of proof of financial
  responsibility, and who during such suspension or revocation or  in  the
  absence  of  full  authorization  from  the commissioner shall drive any
  motor vehicle upon any highway or knowingly permits  any  motor  vehicle
  owned  by  such person to be operated by another upon any highway except
  as permitted hereunder, shall  be  guilty  of  a  misdemeanor  and  upon
  conviction thereof shall be subject to the penalties provided by section
  five hundred eleven of this chapter.

  S 356. Forging   or  without  authority  signing  proof  of  financial
  responsibility. Any person who shall forge, or without  authority,  sign
  any  evidence  of  ability  to  respond  in  damages  as required by the
  commissioner in the administration of this article, and any non-resident
  who shall operate a motor vehicle in this state from whom the  privilege
  of  operating  any  motor vehicle has been withdrawn as provided herein,
  shall be fined not more than one thousand dollars or imprisoned not more
  than thirty days or both.

  S 357. Failing   to  report  convictions  and  judgments.  Any  person
  required to forward to the commissioner a record of a  conviction  or  a
  judgment  for  damages  as provided in section three hundred thirty-six,
  who wilfully fails or neglects to do so, shall be punished by a fine  of
  not less than ten dollars for each separate offense.

  S 358. Otherwise  violating  article.  Any  person  who  violates  any
  provision of this article for which another penalty is not prescribed by
  law shall be punished by imprisonment for not more than ninety  days  or
  by a fine of not less than one hundred dollars or more than one thousand
  dollars or both.

  S 359. Definitions.  The following words and phrases when used in this
  article shall, for the purpose  of  this  article,  have  the  following
  meanings: (a) The singular shall include the plural; the masculine shall
  include the feminine and neuter, as requisite.
    (b) Commissioner. The commissioner of motor vehicles of this state.
    (c)  Department. The department of motor vehicles of this state acting
  directly or through its duly authorized officers and agents.
    (d)  Person.   Shall   include   individuals,   firms,   partnerships,
  associations, corporations, receivers, referees, trustees, assignees for
  the  benefit  of  creditors;  executors  and  administrators;  and shall
  include the owner of any motor  vehicle  as  requisite;  but  shall  not
  include the state or any political subdivision thereof.
    (g)  Owner.  A person who holds the legal title of a motor vehicle; or
  in the event a motor vehicle is subject to a security interest, or lease
  with the right of purchase upon performance of conditions stated in  the
  lease  and with an immediate right of possession vested in the debtor or
  lessee, then such debtor or lessee shall be deemed  the  owner  for  the
  purpose of this act.
    (h)  Insured. The person in whose name there is issued a motor vehicle
  liability policy, as defined in  this  article,  and  any  other  person
  insured under the terms of such policy.
    (i)  Judgment.  Any  judgment, except a judgment rendered against this
  state or any political subdivision thereof or any municipality  therein,
  which  shall  have become final by expiration without appeal of the time
  within which appeal might have been perfected, or by final affirmance on
  appeal, rendered by a court of competent jurisdiction of any state,  any
  province of Canada, the Dominion of Canada, the District of Columbia, or
  the United States.
    (j) Non-resident. Every person who is not a resident of this state.
    (k)  Motor  vehicle. As used in this article, 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,  self-propelled  combines,
  self-propelled  corn  and  hay  harvesting   machines,   tractors   used
  exclusively  for agricultural purposes and self-propelled caterpillar or
  crawler-type equipment while being operated on the contract site.

  S 360. Exceptions.   This   article,  except  sections  three  hundred
  thirty-nine and three hundred fifty-nine, shall not apply to  any  motor
  vehicle  for the operation of which security is required to be furnished
  under section three hundred seventy of this chapter, including those for
  which  a  certificate  is  issued  pursuant  to  section  three  hundred
  seventy-one  of  this chapter except as may be provided in section three
  hundred seventy; to  any  motor  vehicle  operated  under  permit  or  a
  certificate  of  convenience and necessity issued pursuant to the public
  service law or pursuant to section fifty-a of such law; nor to any motor
  vehicle  owned  by  the  United  States,  the  state  or  any  political
  subdivision thereof.

  S 361. Self-insurers.  (a) This article, except sections three hundred
  thirty-nine and three hundred fifty-nine, shall not apply to any  person
  having  registered in his name in this state more than twenty-five motor
  vehicles if such person shall obtain from the commissioner a certificate
  of self-insurance as provided for in subdivision (b) of this section.
    (b) The commissioner may, in his discretion, upon the  application  of
  such  a  person,  issue  a  certificate  of  self-insurance  when  he is
  reasonably satisfied that such person is possessed and will continue  to
  be   possessed   of  financial  ability  to  respond  to  judgments,  as
  hereinbefore described, obtained against such person, arising out of the
  ownership, maintenance, use or operation of any of such  person's  motor
  vehicles.
    (c)  Upon  due  notice  and  hearing,  the  commissioner,  may, in his
  discretion  and  upon  reasonable  grounds,  cancel  a  certificate   of
  self-insurance.

  S 362. Article  not  to  repeal other motor vehicle laws. This article
  shall in no respect be considered as a repeal of any of  the  provisions
  of  this  chapter  (except article six) or of other laws relating to the
  registration, numbering and regulation of motor vehicles; the  licensing
  and  regulation  of  chauffeurs  and  operators;  the  use of the public
  highways by motor vehicles and the accessories used upon them and  their
  incidents;  the speed of motor vehicles upon the public highways; or the
  punishment for the violations of such provisions, but shall be construed
  as supplemental thereto.

  S 363. Expenses  of  administering  article.  1.  The  total amount of
  expenses incurred in connection with the administration of this  article
  shall  be  paid  by  all  insurance  carriers  which  issue  policies or
  contracts of automobile bodily injury insurance risks  subject  to  this
  article  resident  or  located  in  this  state  in  accordance with the
  provisions of this section.
    2. Estimate of expenses. (a) The commissioner  annually,  as  soon  as
  practicable,  shall estimate the total amount of expenses which shall be
  incurred during the  succeeding  fiscal  year  in  connection  with  the
  administration of this article. Such expenses, in addition to the direct
  costs  of  personal  service,  shall  include the costs of maintence and
  operation, the  cost  of  retirement  contributions  made  and  workers'
  compensation  premiums paid by the state for or on account of personnel,
  rentals for space occupied in state-owned or state-leased buildings, the
  amounts paid to a city, county, town, village or the division  of  state
  police for the enforcement of orders issued pursuant to this article and
  all other direct or indirect costs.
    (b)  The  commissioner  shall  on  or before February first assess the
  total amount of such expenses,  as  so  estimated,  pro  rata  upon  all
  insurance  carriers  subject  to  the  provisions  of  this  section  in
  proportion to the premiums reported by such carriers to  the  department
  of  financial  services  for  policies or contracts of automobile bodily
  injury insurance on risks subject to this article resident or located in
  this state for the year prior to the previous calendar year.
    (c) For fiscal years beginning  on  or  after  April  first,  nineteen
  hundred  eighty-three,  each  such  insurance carrier shall make partial
  payments of the assessment levied against it as follows, one-quarter  of
  the  total  on  March tenth of the preceding fiscal year, one-quarter on
  June tenth, one-quarter on September tenth, and the balance on  December
  tenth  of the fiscal year, or on such other dates as the director of the
  budget may prescribe. Provided, however,  that  the  payment  due  March
  tenth, nineteen hundred eighty-three for the fiscal year beginning April
  first,  nineteen  hundred  eighty-three shall not be required to be paid
  until June tenth, nineteen hundred eighty-three. If the total amount due
  from any such carrier is less than one hundred dollars, partial payments
  shall not be made and the total  amount  shall  be  paid  on  or  before
  September thirtieth of the fiscal year.
    3.   Final  assessment.  (a)  The  commissioner  and  the  comptroller
  annually, as soon as practicable after April first, shall ascertain  the
  total  amount  of  expenses incurred during the preceding fiscal year in
  connection  with  the  administration  of  this  article.  An   itemized
  statement  of  the  expenses  so  ascertained  shall  be  open to public
  inspection in the office of  the  commissioner  for  thirty  days  after
  notice to those liable to be assessed for such expenses.
    (b) As soon as practicable after January first, each insurance carrier
  subject   to  the  provisions  of  this  section  shall  file  with  the
  commissioner a report of the total amount of gross direct premiums, less
  return premiums thereon received during the preceding calendar year  for
  policies  or  contracts  of  automobile bodily injury insurance on risks
  subject to this article resident or located in this state.
    (c) The commissioner shall then determine the amount of  expenses  due
  from  each  insurance  carrier subject to the provisions of this section
  based upon the final determination  of  total  expenses  and  the  final
  amount of premiums filed by the insurance carriers and shall notify each
  such insurance carrier of such assessment. Within thirty days of receipt
  of  such  notification  each  such carrier shall pay the total amount of
  such assessment less the total amount paid as a result of the  estimated
  assessments.  If  the  total amount of the final assessment is less than
  the amount already paid, such excess payment shall be refunded  to  such
  insurance   carrier  or  at  the  option  of  the  assessed  applied  to
  assessments  for  the  succeeding  fiscal  year  as  requested  by  such
  insurance carrier.
    4.  The  commissioner  shall levy and collect such assessments and pay
  the same into the state treasury, subject to the provisions  of  section
  one hundred twenty-one of the state finance law.

  S 364. Uniformity   of   interpretation.  This  article  shall  be  so
  interpreted and construed as to effectuate its general purpose  to  make
  uniform  the law of those states, the District of Columbia, or territory
  or lands in continental United States under the  exclusive  jurisdiction
  of the United States, or provinces of Canada, which enact it.

  S 365. Short  title.  This  article may be cited as the New York motor
  vehicle safety-responsibility act.

  S 366. Past application of article. This article, except section three
  hundred  thirty-nine thereof, shall not apply to any judgment in a civil
  action or cause of action arising out of an accident occurring prior  to
  the effective date of this article.

  S 367.  This article does not prevent other process. This article shall
  not  be  construed  to  prevent  the plaintiff in any action at law from
  relying for security upon the other processes provided by law.

  S 368. Constitutionality.  If  any part or parts of this article shall
  be held unconstitutional, such unconstitutionality shall not affect  the
  validity  of the remaining parts of this article. The legislature hereby
  declares that it would have passed the remaining parts of  this  article
  if  it  had  known  that  such  part  or parts thereof would be declared
  unconstitutional.

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