ATM Safety Act
The ATM Safety Act is applicable to all Federal and State chartered banking institutions, including trust companies, savings banks, savings and loan associations, and credit unions that operate ATM facilities in New York State. Recognizing that ATMs are used daily by millions of New Yorkers, the Act requires certain ATM facilities to meet standards to ensure they are safe to use. For example, the Act established minimum standards for exterior lighting at and around ATM facilities and required the installation of videotape surveillance and monitoring systems and door locks.
The Department is authorized to enforce these provisions, as well as, the Superintendent's Regulation Part 301. In addition, the Superintendent can assess fines for violations of the Act and can approve variances or exemptions to the required safety measures.
- To assist with compliance, the Department issued an Advisory Notice.
The Act applies only to ATM facilities owned by banking institutions and available to customers both during and after regular banking hours. It excludes machines located in buildings or space where the primary purpose is unrelated to banking, and is thus available only during the regular business hours of that building or space.
Each bank with ATM facilities covered by the Act is required to file a semi-annual report with the Department of Financial Services, by January 15th and July 15th of each year, certifying its facilities are in compliance, noting any variances or exemptions granted. For non-compliant facilities, the bank must list non-compliant ATMs, describe the condition and its reason, and provide a plan to remedy the condition.
ATM Certification Filings
To access the ATM Certification Filings application for the first time, you must have a DFS Portal account and request access to the application. Use the DFS Portal button below to log in to, or create, your Portal account. Once logged in, click the "Request Apps" tab and select "ATM" Complete the request by entering the entities you need access to. Once submitted, a DFS Administrator or a Trusted Source from your company must approve your request. You will receive an email notification when your request has been processed.
Consumer Information
Questions?
For assistance, call (800) 342-3736 or contact us at [email protected].