Operating without Insurance Charges

Under the Motor Vehicle Financial Security Act all motorists must ensure that their vehicle has liability insurance upon it at all times while registered. In the event a vehicle’s insurance lapses, the registered owner’s driver’s license is immediately suspended. Moreover, anyone caught operating a vehicle which is uninsured is subject to being charged with uninsured motorist operation. Moreover, there is no defense in the fact that a guest operator did not have knowledge of the lack of insurance.

While violation of NY VTL § 319 is an infraction, the court penalties are severe. They include:

• Fines up to $1,500.00
• imprisonment up to 15 days (not mandatory)

• In addition to the court penalties and fines, the NYS DMV tacks on the following civil penalties:

• A fine, called an assessment, of $750.00; and
• A license or driving privilege revocation for out of state drivers for a minimum of 1 year.

• Both of these penalties from the DMV are mandatory and unwaivable, unless the motorist demands a hearing regarding the veracity of the civil penalty. Upon timely demand the civil penalty (assessment and revocation) is stayed, unless the person was both the owner and the operator. At the hearing the motorist has the burden of proof by a preponderance of the evidence. If the operator but not the owner, the operator must prove that he or she had no knowledge of the lack of insurance. If the person was the owner but not the operator, the owner must prove that they did not give consent and permission for the operator to drive the vehicle.