OGC Op. No. 09-03-03
The Office of General Counsel issued the following opinion on March 2, 2009, representing the position of the New York State Insurance Department
RE: Applicability of Insurance Law § 3411 and Regulation 79 to For-Hire Vehicles
Are Insurance Law § 3411 and 11 N.Y.C.R.R. § 67 applicable to for-hire vehicles?
Yes, Insurance Law § 3411 and 11 N.Y.C.R.R. § 67 are applicable to for-hire vehicles.
The inquiry is of a general nature, without reference to particular facts.
Relevant to the inquiry is Insurance Law § 3411, which governs the mandatory physical damage inspection requirements for private passenger automobiles registered in the state of New York. Insurance Law
Regulation 79, which implements the inspection requirements of Insurance Law
Thus, Insurance Law § 3411, as implemented by Regulation 79, includes for-hire commercial vehicles in its reference to “private passenger automobiles.” An insurer may waive or dispense with the inspection requirements only under certain circumstances, as set forth in 11 N.Y.C.R.R. 67.3(b). With respect to commercial vehicles in particular, an insurer may waive mandatory inspection if the vehicle is insured under a commercially-rated policy that covers five or more vehicles. See 11 N.Y.C.R.R. 67.3(b)(5).
For further information you may contact Supervising Attorney Sam Wachtel at the New York City office.