Section 2407. Liability insurance

1. An ATV which is operated anywhere in
  this state other than on lands of the owner of the ATV 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  for  coverages required of an "owner's policy of
  liability insurance" as set forth in paragraph (a) of  subdivision  four
  of  section  three  hundred  eleven  of  this  chapter.  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 ATVs, 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  ATVs.  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 ATVs and furnishing of proof that a certificate of
  self-insurance  has  been  issued  and  is  in  effect  pursuant  to the
  provisions of section three hundred sixteen of this chapter.
    2. Proof of insurance as required by this section  shall  be  produced
  and  displayed  by the owner or operator of such ATV 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 ATV 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 ATV 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  ATV 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 an ATV shall operate or permit the same to be operated
  anywhere in this state other than on lands  of  the  owner  of  the  ATV
  without having in full force and effect the liability insurance coverage
  required by this section, and no person shall operate an ATV anywhere in
  this  state  other  than  on  lands  of  the  owner  of the ATV with the
  knowledge that such insurance is not in full force and effect.