Section 25.13. Liability insurance  


Latest version.
  • 1. A snowmobile which shall be operated
      on the roadway or shoulder of a highway or on property which  is  owned,
      leased  or held in easement by a person other than the owner or operator
      of the snowmobile, shall be covered by a policy of  insurance,  in  such
      language  and  form  as  shall  be  determined  and  established  by the
      superintendent of insurance, issued by an insurance  carrier  authorized
      to do business in this state. Such policy shall provide coverage for any
      one  person sustaining bodily injuries or the death of one person in any
      one accident in the amount  of  at  least  ten  thousand  dollars,  and,
      subject  to  said  limit of one person, in the amount of at least twenty
      thousand dollars because of bodily injury to or death  of  two  or  more
      persons  in any one accident, and in an amount of at least five thousand
      dollars because of injury to or destruction of property of others in any
      one accident, for damages arising out of  negligent  operation  of  said
      snowmobile.  In lieu of such insurance coverage as hereinabove provided,
      the  commissioner,  in  his  discretion  and  upon  application   of   a
      governmental   agency   having  registered  in  its  name  one  or  more
      snowmobiles, may  waive  the  requirement  of  insurance  by  a  private
      insurance  carrier and issue a certificate of self-insurance, when he is
      satisfied that  such  governmental  agency  is  possessed  of  financial
      ability  to respond to judgments obtained against it, arising out of the
      ownership, use or operation of such  snowmobile.  The  commissioner  may
      also  waive  the requirement of insurance by a private insurance carrier
      and issue a certificate of self-insurance upon application of any person
      or any other corporation, having registered in its  name,  one  or  more
      snowmobiles,   and   furnishing   of   proof   that   a  certificate  of
      self-insurance has been issued and is in effect by the  commissioner  of
      motor  vehicles,  pursuant  to  the  provisions of section three hundred
      sixteen of the vehicle and traffic law.
        2. Proof of insurance as required by this section  shall  be  produced
      and  displayed  by  the  owner  or  operator of such snowmobile upon the
      request of any magistrate or any person having authority to enforce  the
      provisions  of  this chapter. The failure to produce such proof upon the
      request of any such  person  shall  not  be  an  offense  but  shall  be
      presumptive  evidence  that  the  snowmobile  is  being operated without
      having such insurance in force and effect.
        3. Proof of insurance as required by this section  shall  be  produced
      and  displayed by the owner or operator of such snowmobile to any person
      who has suffered or claims to have suffered either  personal  injury  or
      property  damage  as a result of the operation of such snowmobile by the
      owner or operator, if such insurance coverage  was  required  under  the
      circumstances  of  such operation. It shall be an affirmative defense to
      any prosecution for a violation of this subdivision that such proof  was
      so produced or displayed within twenty-four hours of receiving notice of
      such injury or damage, or the claim of such injury or damage.
        4.  No  owner  of  a snowmobile shall operate or permit the same to be
      operated upon the shoulders and roadways  of  highways  or  on  property
      which  is  owned,  leased or held in easement by a person other than the
      owner or operator of the snowmobile, without having in  full  force  and
      effect the liability insurance coverage required by this section, and no
      person  shall  operate  a  snowmobile upon the shoulders and roadways of
      highways or on property which is owned, leased or held in easement by  a
      person  other  than  the  owner  or  operator  of  the  snowmobile, with
      knowledge that such insurance is not in full force and effect.