Section 2335. Motor vehicle liability insurance rates; prohibition of surcharges for certain traffic infractions

No  insurer  authorized  to  transact  or  transacting  business  in  this  state,  or controlling or
  controlled by or under common control by or with an  insurer  authorized
  to  transact or transacting business in this state, which sells a policy
  providing motor vehicle liability insurance coverage in this state shall
  increase the policy premium in connection with the  insurance  permitted
  or  required  by  this  chapter  solely because the insured or any other
  person who customarily operates an automobile covered by the policy:
    (a) has been found guilty of a traffic infraction  under  any  of  the
  provisions  of  the vehicle and traffic law provided, however, that this
  provision shall not apply to a conviction for a violation which occurred
  during the thirty-six month period ending on the last day of the  fourth
  month  preceding  the  month of the effective date of the policy if such
  conviction consisted of:
    (1) operating a motor vehicle at a speed of more  than  fifteen  miles
  per hour in excess of the legal limit;
    (2)  operating  a  motor vehicle in excess of the speed limit, or in a
  reckless manner, where injury or death results therefrom;
    (3) operating a motor  vehicle  in  excess  of  the  speed  limit,  or
  reckless   driving,  or  any  combination  thereof,  on  three  or  more
  occasions;
    (4) operating a motor vehicle while intoxicated  or  impaired  by  the
  consumption of alcohol;
    (5)  operating  a  motor  vehicle while impaired by the use of a drug,
  within the meaning of section one thousand one hundred ninety-two of the
  vehicle and traffic law;
    (6) homicide or assault arising out of the use or operation of a motor
  vehicle, or criminal negligence in the  use  or  operation  of  a  motor
  vehicle  resulting  in  the injury or death of another person, or use or
  operation of a motor vehicle directly or indirectly in the commission of
  a felony;
    (7) operating a motor vehicle while seeking to avoid  apprehension  or
  arrest by a law enforcement officer;
    (8)  filing  or  attempting  to  file a false or fraudulent automobile
  insurance claim, or knowingly  aiding  or  abetting  in  the  filing  or
  attempted filing of any such claim;
    (9) leaving the scene of an incident without reporting;
    (10) filing a false document with the department of motor vehicles, or
  using a license or registration obtained by filing a false document with
  the department of motor vehicles;
    (11) operating a motor vehicle in a race or speed test;
    (12)  knowingly  permitting  or  authorizing  an  unlicensed driver to
  operate a motor vehicle insured under the policy;
    (13) operating a motor vehicle insured  under  the  policy  without  a
  valid  license  or  registration  in  effect,  except  when  the  person
  convicted had possessed  a  valid  license  or  registration  which  had
  expired  and  was subsequently renewed, or during a period of revocation
  or suspension thereof, or in violation of the limitations applicable  to
  a  license issued pursuant to article twenty-one or article twenty-one-a
  of the vehicle and traffic law; or
    (14) two or more moving violations  of  any  other  provision  of  the
  vehicle and traffic law;
    (b)  has  had  a  temporary suspension of a driver's license pending a
  hearing, prosecution or investigation or an indefinite suspension  of  a
  driver's  license  which  is issued because of the failure of the person
  suspended to perform an act, which suspension will be terminated by  the
  performance of the act by the person suspended, or has had more than one

  such temporary or indefinite suspension arising out of the same incident
  issued  against  him  or  her, provided that the foregoing provisions of
  this section shall not apply if such suspension or  suspensions  has  or
  have  not been terminated on or before the effective date of the policy;
  or
    (c) with respect to  a  non-commercial  private  passenger  automobile
  insurance  policy,  has  had  an  accident  while operating a commercial
  vehicle in the  course  of  employment  and  in  the  discharge  of  the
  employee's  duties  at  the time of the accident, unless the accident is
  determined to have been  caused  by  the  intentional  action  or  gross
  negligence of the insured.
    * NB Expires July 1, 2011