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New York Vehicle & Traffic - Article 6 - § 319 Penalties

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Vehicle and Traffic
 
    § 319. Penalties.  1.  Any owner of a motor vehicle registered in this
  state, or an unregistered motor vehicle, who shall  operate  such  motor
  vehicle or permit it to be operated in this state without having in full
  force  and  effect  the financial security required by the provisions of
  this chapter and any other person who shall operate in  this  state  any
  motor  vehicle  registered  in  this  state,  or  an  unregistered motor
  vehicle, with the knowledge that the owner thereof does not have in full
  force and effect such proof of financial security, except a person  who,
  at  the  time  of  operation  of  such  motor  vehicle, had in effect an
  operator's policy of liability insurance, as defined  in  section  three
  hundred eighteen, with respect to his operation of such vehicle shall be
  guilty of a traffic infraction and upon conviction may be fined not less
  than  one  hundred  fifty dollars or more than one thousand five hundred
  dollars or may be imprisoned for not more than fifteen days or both.  In
  addition   to   the  penalties  herein  set  forth,  such  person,  upon
  conviction, shall also become liable for payment to  the  department  of
  the civil penalty provided in subdivision five of this section.
    2. When the production of an insurance identification card is required
  by  any  provision of this chapter, no person shall produce an insurance
  identification card which indicates insurance coverage which is  not  in
  effect.  In  any  prosecution or proceeding alleging a violation of this
  subdivision, it shall be an  affirmative  defense  that  the  person  so
  charged did not have knowledge that the insurance indicated on such card
  was  not  in  effect.  A  violation  of  this  subdivision  shall  be  a
  misdemeanor.
    3. Every person who operates a vehicle registered in this state, or  a
  vehicle required to be registered in this state, shall, when required by
  the commissioner's regulations, produce an insurance identification card
  when  requested  by  any  peace  officer, acting pursuant to his special
  duties, police officer or magistrate. The failure to so produce  such  a
  card  shall  be  presumptive evidence that such person was operating the
  vehicle without having in effect  financial  security  required  by  the
  provisions of this chapter.
    4. Where the commissioner finds, other than by means of the receipt of
  a certificate of conviction, that a person has violated any provision of
  subdivision  one  of  this  section, such person shall become liable for
  payment to the department of the civil penalty provided  in  subdivision
  five  of  this  section. However, the enforcement of such civil penalty,
  and of any revocation order based upon such finding, shall be stayed  at
  the request of the person against whom such civil penalty and revocation
  order  has  been  issued until after a hearing, provided such person was
  not both the operator and the owner of the motor vehicle which was being
  operated without the required financial security being in effect.  After
  such  hearing,  the  stay  of  enforcement  of  the  civil  penalty  and
  revocation order shall be vacated unless it is found by a  preponderance
  of the evidence that such person, (a) if he was the operator and not the
  owner of the motor vehicle, had no knowledge that the financial security
  required  for such motor vehicle was not in effect; or (b) if he was the
  owner and not the operator of the motor vehicle, that he did not permit,
  either expressly or impliedly, the operation of such motor vehicle.
    5. The civil penalty for  a  violation  of  subdivision  one  of  this
  section shall be seven hundred fifty dollars.
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Last modified: February 16, 2014