NEW YORK STATE
INSURANCE DEPARTMENT

FIRST AMENDMENT TO REGULATION 35-C
11 NYCR 64-2

LIABILITY INSURANCE COVERING ALL TERRAIN VEHICLES

I, Gregory V. Serio, Superintendent of Insurance of the State of New York, pursuant to the authority granted by Sections 201, 301 and 5103 of the Insurance Law and Section 2407 of the Vehicle and Traffic Law, do hereby promulgate the following First Amendment to 11 NYCRR 64-2 (Regulation 35-C) of Title 11 of the Official Compilation of Codes, Rules and Regulation to take effect on September 1, 2001 after publication in the State Register.

(MATTER UNDERLINED IS NEW; MATTER IN BRACKETS IS DELETED)

Section 64-2.1 is amended to read as follows:

Requirements for minimum benefit insurance policies for ATV’s. Every ATV owner’s policy of liability insurance issued or renewed on or after January 1, 1987 in satisfaction of the minimum requirements of article VI of the Vehicle and Traffic Law and article 51 of the Insurance Law, shall contain provisions providing minimum benefits at least equal to those set out below and contained in the provisions of the Mandatory Personal Injury Protection Endorsement in accordance with Section 65-1.1(d) of this Part. Every liability policy covering an ATV issued prior to January 1, 1987 shall not be in satisfaction of the financial security requirements of the Vehicle and Traffic Law unless the insurer conforms the policy to said minimum provisions.

Section 64-2.1 is further amended by repealing the MANDATORY PERSONAL INJURY PROTECTIONS ENDORSEMENT-ALL TERRAIN VEHICLES (ATV) (New York).

Section 64-2.2 is repealed and Section 64-2.3 is renumbered to be Section 64-2.2.

 I, Gregory V. Serio, Superintendent of Insurance, do hereby certify that the foregoing is the new Part 11 NYCRR 64-2 (Regulation 35-C), promulgated by me on July 25, 2001 pursuant to the authority granted by Sections 201, 301, 2601, 5221 and Article 51 of the Insurance Law and Section 2407 of the Vehicle and Traffic Law, to take effect on September 1, 2001, after publication in the State Register.

Pursuant to the provisions of the State Administrative Procedure Act, prior notice of the proposed regulation was published in the State Register on August 2, 2000 and notice of continuation of the proposed regulation was published in the January 17, 2001 issue of the State Register. No other publication or prior notice is required by statute.

 

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Gregory V. Serio
Superintendent of Insurance

July 25, 2001