2407 - Liability insurance.

§ 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.