N.Y. Comp. Codes R. & Regs. tit. 15 § 32.4

Current through Register Vol. 46, No. 16, April 17, 2024

Section 32.4 - Issuance of ID cards

(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.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.4