Sec. 35.4. Operation of a motor vehicle without insurance

(a) Uninsured operation.

Upon receipt of evidence that a motor vehicle has been operated upon the public highways without insurance coverage but with no evidence that an accident occurred, the registration and/or driver's license or privilege of the registrant and/or operator (driver) shall be revoked. One year after compliance with the revocation order or orders and upon payment of a civil penalty for each applicable offense as required by section 319(5) of the Vehicle and Traffic Law, a request for restoration shall be considered. Such request for restoration shall be submitted to a DMV issuing office or DMV's central office. If the request for restoration is approved, a clearance notice shall be issued and an application for driver's license shall be forwarded to the department's Driver Regulation Bureau for final approval.

(b) Uninsured accident.

Upon the receipt of evidence that a motor vehicle has been involved in an accident while insurance coverage was not in effect, the registration and/or driver's license or driving privilege of the registrant and/or operator (driver) shall be revoked. One year after compliance with the revocation order or orders and upon payment of the civil penalty for each applicable offense as required by section 319(5) of the Vehicle and Traffic Law and submission of affirmation under sections 318(9) and 318(11) of the Vehicle and Traffic Law, form FS-15, a request for restoration shall be considered. Such request shall be submitted to the Insurance Services Bureau in the central office of the department. If the request for restoration is approved, a clearance notice shall be issued and an application for driver's license shall be forwarded to the department's Driver Regulation Bureau for final approval.

(c) Civil penalty.

Any required civil penalty must be paid: online via the DMV website by credit/debit card; in person at either a DMV issuing office or at the central office of the department by credit/debit card, cash, certified or bank/teller’s check, personal check or money order; or by mail addressed to the Insurance Services Bureau in the central office of the department by certified or bank/teller’s check, personal check or money order. All checks and money orders must be made payable to the Commissioner of Motor Vehicles. Installment and partial payments are not acceptable.

(d) Exceptions.

A nonowner operator's (driver's) claim that he or she had no knowledge that financial security coverage was not in effect pursuant to section 318(3) and/or section 319(1) of the Vehicle and Traffic Law must be substantiated by a notarized affidavit from the registrant of the motor vehicle stating that the operator (driver) had permission to use said vehicle and that the operator (driver) was not made aware the vehicle was uninsured, or such other corroborating evidence that supports such claim.