N.Y. Comp. Codes R. & Regs. tit. 15 § 80.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 80.4 - Insurance requirements

(a) A TNC driver must maintain an owner's policy of liability insurance, for any TNC motor vehicle such driver owns, leases, or is otherwise authorized to use, in accordance with article 6 of the Vehicle and Traffic Law, the Insurance Law and regulations promulgated thereunder.

(b) A TNC driver, or a TNC on the driver's behalf through a group policy, must also maintain insurance, for any TNC vehicle such driver owns, leases, or is otherwise authorized to use:

(1) with respect to the TNC driver, a policy issued by an authorized New York insurer that provides coverage in satisfaction of the financial responsibility requirements of section 1693 of the Vehicle and Traffic Law and regulations promulgated by the Superintendent of Financial Services;

(2) with respect to the TNC, a TNC group policy issued by an authorized New York insurer or procured by a New York licensed excess line broker pursuant to section 2118 of the Insurance Law, and regulations promulgated thereunder, if such coverage is unavailable from an authorized insurer, in satisfaction of the financial responsibility requirements of section 1693 of the Vehicle and Traffic Law and section 3455 of the Insurance Law and regulations promulgated by the Superintendent of Financial Services; or

(3) by any combination of insurance provided in accordance with paragraphs (1) and (2) of this subdivision.

(c) A TNC driver must carry proof of coverage satisfying article 6 of the Vehicle and Traffic Law and the provisions of subdivision (b) of this section when logged onto a TNC's digital network but not engaged in a TNC prearranged trip and when engaged in a TNC prearranged trip. Upon request of a law enforcement officer, the TNC driver must be able to produce proof of coverage satisfying article 6 of the Vehicle and Traffic Law, and proof of coverage, on an electronic device, under all TNC group policies and, if applicable, proof of coverage under a policy maintained by the TNC driver used to satisfy the requirements of article 44-B of the Vehicle and Traffic Law. Such proof of coverage must be:

(1) the identification card, in accordance with Part 32 of this Title, issued to the TNC driver under an insurance policy satisfying article 6 of the Vehicle and Traffic Law;

(2) as displayed on an electronic device, a copy of all applicable certificates or other evidence of insurance, as defined in section 3455(a)(2) of the Insurance Law, issued to the TNC driver under TNC group policies, which shall clearly state that the policy satisfies the financial responsibility requirements of article 44-B of the Vehicle and Traffic Law and, at a minimum shall include the name and contact information for the TNC, the expiration date of the policy, the legal name and National Association of Insurance Commissioners (NAIC) number or International Insurers Department (IID) number of the insurer, the group policy number, the certificate number and name of certificate holder, and local contact information for the group insurer.

(d)Group policy notifications to DMV.

(1) The TNC shall share any cancellation, non-renewal, or conditional renewal with the department within 10 business days of notification by the insurer(s). In the event the TNC is unable to replace the coverage before the termination date of the policy, the TNC and its drivers shall cease providing rides to the public until such time as it obtains replacement insurance in satisfaction of the financial responsibility requirements of article 44-B. The group policy shall be maintained at all times that the TNC is operating in this State.

(2) The TNC shall share any material change or alteration in terms of insurance coverage or replacement of coverage for the group policy with the department within 20 business days of notification by the insurer and within 10 business days of the effective date of new coverage from another insurer. The following information must be shared: name of insurer, policy number, NAIC number, a description of the material change or alteration or replacement of coverage, the effective date of the material change or alteration or replacement of coverage, and ICC code (if the insurer is a New York authorized insurer). If the insurer issuing the group policy is an unauthorized insurer, then the insurer also shall share such information with the Department of Financial Services.

(e) A TNC shall not allow a TNC driver to use or operate a TNC vehicle while the TNC driver is logged onto the TNC's digital network but not engaged in a TNC prearranged trip or while such driver is engaged in a TNC prearranged trip unless such TNC vehicle is properly insured in accordance with the provisions of this section, articles 6 and 44-B of the Vehicle and Traffic Law and section 3455 of the Insurance Law and regulations promulgated by the Superintendent of Financial Services.

(f) The department must provide insurance coverage information related to a TNC vehicle that is involved in a motor vehicle accident, as required by section 1695(8) of the Vehicle and Traffic Law. The department may request confirming information from a TNC regarding insurance coverage information related to such a TNC vehicle. Upon such request, the TNC shall provide such insurance information in a manner to be prescribed by the department, but in no event more than five calendar days from the date of the department's request for such information.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.4

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff.8/30/2017