(c) As a condition to filing evidence of a corporate surety bond, the
registrant shall pay annually in addition to any other fee prescribed by
this chapter, a fee of one dollar and fifty cents for each motor vehicle
registered in his name and the aggregate amount of such fees shall be
applied in the reduction of the assessment levied pursuant to section
three hundred seventeen of this chapter.
(d) As used in this section, a judgment or judgment for damages shall
include a final arbitration award and any unpaid fees due to the
arbitration forum established pursuant to section five thousand one
hundred six of the insurance law.
1-a. Every person, firm, association or corporation engaged in
carrying or transporting sick or injured persons in any hearse,
combination hearse or ambulance operated over, upon or along a public
street or highway within a town having a population of less than two
thousand inhabitants, shall secure either a corporate surety bond or
policy of insurance executed by a surety or insurance company authorized
to do business in this state, containing like conditions to secure the
payment of damages as is required to be provided for motor vehicles
operated for the transportation of passengers for hire; provided,
however, that any bond or policy of insurance so secured, may contain
the condition that it shall secure the payment of damages only during
the time or times such hearse or combination hearse or ambulance is used
or operated for the transportation of sick or injured persons and shall
not be operative or effective during any other time or times or for the
payment of damages incurred while being operated for any other purpose.
A bond or policy of insurance executed pursuant to the provisions of
this subdivision need not be approved or filed notwithstanding any
inconsistent provision of this section.
2. Any person, firm, association or corporation operating a motor
vehicle or motorcycle as to which a bond or policy of insurance is
required by this section who or which shall operate such vehicle, or
cause the same to be operated, while such a bond or policy, or evidence
thereof as required by this section, is not on file with the
commissioner, and in full force and effect shall be guilty of a
misdemeanor.
3. A person, firm, association or corporation engaged in the business
of renting or leasing rental vehicles to be operated upon the public
highways for carrying passengers shall be subject to the provisions of
this section in the same manner and to the same extent as if such
person, firm, association or corporation were actually engaged in the
business of carrying or transporting passengers for hire.
Notwithstanding the provisions of subdivision one of this section, a
person, firm, association or corporation engaged in the business of
renting or leasing motor vehicles, having registered in this state more
than twenty-five motor vehicles subject to the provisions of this
section and who qualifies as hereinafter provided, may file a
certificate of self-insurance. The commissioner of motor vehicles in his
discretion may, upon the application of such a person, firm, association
or corporation 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 obtained
against such person, arising out of the ownership, maintenance, use or
operation of any such person's motor vehicle. Upon due notice and
hearing, the commissioner may, in his discretion and upon reasonable
grounds, cancel a certificate of self-insurance.
As a condition to the issuance of a certificate of self-insurance
under this subdivision the registrant shall pay annually in addition to
any other fee prescribed by this chapter, a fee of one dollar and fifty
cents for each motor vehicle registered in his name and the aggregate
amount of such fees shall be applied in reduction of the assessment
levied pursuant to section three hundred seventeen.
As a further condition to the issuance of a certificate of
self-insurance, the registrant shall pay annually in addition to any
other fee prescribed by this chapter, an amount per vehicle to be
determined by the Motor Vehicle Accident Indemnification Corporation
pursuant to section five thousand two hundred seven of the insurance law
and the aggregate amount of such fees shall be transmitted by the
commissioner to the Motor Vehicle Accident Indemnification Corporation
continued pursuant to section five thousand two hundred three of the
insurance law to be applied in reduction of assessments levied by said
corporation pursuant to section five thousand two hundred seven of the
insurance law.
4. Every person operating a motor vehicle or motorcycle as to which a
bond or policy of insurance is required by this section, which is in any
manner involved in an accident, shall within five days give written
notice of the time and place of the accident to the surety or insurer.
Failure to give notice of an accident as herein provided shall
constitute a misdemeanor, but shall not affect the liability of the
surety or insurer.
5. If a vehicle subject to the provisions of this section or section
three hundred seventy-one of this chapter shall be operated on a public
highway without having the minimum corporate surety bond or policy of
liability insurance, unless the owner shall have filed an approved
certificate of insurance therefor, the driver's license, privileges and
registration certificate or privilege of operation within this state of
the owner and operator shall be subject to revocation and suspension as
provided in articles six and seven of this chapter, in the same manner
as if such vehicle were a private passenger vehicle, not used to carry
persons for hire or profit.
6. Notwithstanding any other provision of law, the commissioner, may,
by regulation, in addition to, or in lieu of any requirements relating
to notice of insurance required by this section, extend all or part of
the provisions of article six of this chapter concerning insurance
identification cards to vehicles subject to the provisions of this
section. Furthermore, the commissioner may exempt by such regulations
any type or types of vehicles subject to the provisions of this section
where he deems the application of the provisions of such regulations to
be inappropriate. If the commissioner promulgates any such regulations,
the failure to produce an insurance identification card when requested
by any peace officer, acting pursuant to his special duties, police
officer or magistrate shall be presumptive evidence of a violation of
subdivision two of this section. In addition, any such regulations may
require that the insurance identification card be placed in plain view
of any for-hire passengers carried in such vehicle.
7. Nothing contained in this section shall prohibit any person, firm,
association or corporation subject to this section from purchasing
liability insurance coverage in excess of the maximum liability set
forth in subdivision one of this section.
8. Notwithstanding any other provision of this article, an individual
shall not be deemed to be engaged in the business of carrying or
transporting passengers for hire if the individual does so solely as a
transportation network company driver in accordance with article
forty-four-B of this chapter.