(a) Each
insurance company or other authorized person, as prescribed herein, shall issue
ID cards to a policyholder:
(1) at the
inception of;
(2) upon the renewal
of any liability insurance policy on a vehicle;
(3) upon the addition or replacement of a
vehicle;
(4) upon the reissuance of
a policy with a lapse in coverage; or
(5) upon the updating of or correction of
required information. ID cards may be issued upon reinstatement of a policy
without a lapse or as otherwise may be necessary in the course of
business.
(b) ID cards
shall only be issued by the following:
(1) an
agent, broker, agency, brokerage or insurance company licensed by the New York
State Department of Financial Services (insurer shall have a valid DMV issued
ICC);
(2) the New York Automobile
Insurance Plan (NYAIP);
(3) or this
department. An agent, broker, agency, brokerage, insurance company or any other
entity shall not provide ID card stock, software or means to issue ID cards to
policyholders or other persons not authorized herein. ID cards shall not be
issued by or completed by a policyholder or other person not authorized
herein.
(c)
Determination of registration status of customer at policy
inception.
An authorized ID card issuer shall determine whether a
vehicle is already registered in New York State by the policyholder registrant
or whether the policyholder registrant intends to register the vehicle in New
York State.
(d)
New
policyholder with vehicle(s) currently registered in New York State.
An authorized ID card issuer shall obtain the registration
name(s) and vehicle description information from current New York State
registration document(s) or electronic registration record for each vehicle to
be insured at policy inception. At the time of original policy issuance, all
registration names and vehicle information shall be incorporated, without
modification, into both the policy application or policy and ID cards issued
for specific vehicles. ID cards issued for individual vehicles shall be issued
in a name corresponding to the registration name.
(e)
New policyholder without vehicle(s)
currently registered in New York State.
ID cards shall be issued in a name or names acceptable for
registration for each vehicle. DMV shall not register a vehicle without proper
documentation of registrant name. Acceptable proof of identity is required for
an individual. Legal documentation, such as incorporation papers or a DBA
filing with a county clerk is required for an organization (non-individual).
Accordingly, at the time of original policy issuance, the policy and ID cards
shall be issued in a name or names legally supported for registration. See
section
32.15(g)
of this Part for temporary NYAIP ID card (FS-75) identity and documentation
requirements.
(f)
Validation of VIN and New York State driver's license number (client
ID).
A computerized process shall be employed by ID card issuers
to validate the correctness of:
(1) the
complete VIN for 1981 model year or newer vehicles; and
(2) the New York State driver's license
number of individual policyholders. Such computerized process for VIN
validation shall consist of the use of commercial VIN software or a check digit
computation, as employed by the DMV developed software described herein. Such
computerized process for New York State driver's license number validation
shall consist of a check digit computation, as employed by the DMV developed
software described herein.
(g)
Basic requirements.
(1) ID cards shall not be issued in more than
two individual names.
(2) ID cards
shall not be issued in a combination of individual and organization
names.
(3) ID cards shall not be
issued in more than one organization name.
(4) An individual DBA is considered to be an
organization name for purposes of this Part. Example of an insured name for an
individual DBA: JOHN SMITH DBA SMITH TRUCKING.
(i) Proof of DBA filing is required for
registration.
(ii) If ID cards are
being issued for a reregistration (vehicle change on an existing registration),
the existing registration must be in the DBA name to issue ID cards in a DBA
name. If the current vehicle is registered in an individual name then ID cards
shall be issued in the individual name unless the registrant elects to apply
for an original registration.
(iii)
An ID card issued in an individual DBA name is not acceptable for registration
in an individual name.
(iv) An
ID
card issued in an individual name is not acceptable for registration in an
individual DBA name.
Note:
Effective in January of 2000, DMV began registering an
individual DBA name in accordance with the example in this subsection. An
individual DBA was registered last name first during calendar years 1997, 1998
and 1999. DMV did not allow registration in the name of an individual DBA until
February of 1997. In many cases a vehicle is actually registered in an
individual name, not an individual DBA name.
(5) ID cards shall be issued in the full
DBA name for registering in an organization's
DBA name. Example: The registrant/insured name Capital District Restaurant
Group DBA Gimme Pizza shall be Capital District Restaurant Group DBA Gimme
Pizza. The insurance ID card must include the name of the individual and the
trade name.
(6) Insured (ID card
and policy) names shall be the same as registration names. An insured name on
an insurance policy and ID cards shall not be changed unless the registration
name is first changed. DMV shall require proof, other than an ID card, of the
name change, to change the registration name. A policy and ID cards shall be
issued in the registration name regardless of whether or not such name is the
current name, e.g., maiden name. A name change to the policy
and ID cards shall be made only after a change in registration name. Proof of a
name change required by DMV to change a registration name shall not include
submission of proof of a name change with an insurance company. The name change
with DMV shall come first.
(7) All
registration and ID card names shall be incorporated into the policy to ensure
compatibility of insured/additional insured names required to be submitted to
DMV in accordance with provisions of Part 34 of this Title.
(8) Name editing for trusts (organization
name). Such ID cards require special editing to meet legal requirements and to
fit in the available space. Examples:
(VIN)
..............................................................................................
MICHAEL;MOTORIST/TST..........................................................................
%MICHAEL;MOTORIST/STL
(or/TR)..........................................................................
(VIN)
..............................................................................................
M;&;C;MOTORIST/TST...............................................................................
%M;&;C;MOTORIST/TST
(or/TR)...............................................................
TST=Trust......................................................................................................
STL=Settlor (Grantor or
Trustor)....................................................................
TR=Trustee.....................................................................................................
(9) ID cards shall not be issued using
prefixes or occupations, e.g., DR, MR, REV, ATTORNEY AT
LAW.
(10) ID cards shall not be
issued with /, %,C/O or in care of as part of the name except as provided for
herein.
(11) ID cards shall not
show an effective date prior to the actual effective date of
coverage.
(12) ID cards shall not
show an expiration date after the actual policy expiration date.
(13) A producer shall not issue ID cards for
an insurance company that he or she is not authorized to represent.