§ 2407. Liability insurance. 1. An ATV which is operated anywhere in\nthis state other than on lands of the owner of the ATV shall be covered\nby a policy of insurance, in such language and form as shall be\ndetermined and established by the superintendent of financial services,\nissued by an insurance carrier authorized to do business in this state.\nSuch policy shall provide for coverages required of an "owner's policy\nof liability insurance" as set forth in paragraph (a) of subdivision\nfour of section three hundred eleven of this chapter. In lieu of such\ninsurance coverage as hereinabove provided, the commissioner, in his\ndiscretion and upon application of a governmental agency having\nregistered in its name one or more ATVs, may waive the requirement of\ninsurance by a private insurance carrier and issue a certificate of\nself-insurance, when he is satisfied that such governmental agency is\npossessed of financial ability to respond to judgments obtained against\nit, arising out of the ownership, use or operation of such ATVs. The\ncommissioner may also waive the requirement of insurance by a private\ninsurance carrier and issue a certificate of self-insurance upon\napplication of any person or any other corporation, having registered in\nits name, one or more ATVs and furnishing of proof that a certificate of\nself-insurance has been issued and is in effect pursuant to the\nprovisions of section three hundred sixteen of this chapter.\n 2. Proof of insurance as required by this section shall be produced\nand displayed by the owner or operator of such ATV upon the request of\nany magistrate or any person having authority to enforce the provisions\nof this chapter. The failure to produce such proof upon the request of\nany such person shall not be an offense but shall be presumptive\nevidence that the ATV is being operated without having such insurance in\nforce and effect.\n 3. Proof of insurance as required by this section shall be produced\nand displayed by the owner or operator of such ATV to any person who has\nsuffered or claims to have suffered either personal injury or property\ndamage as a result of the operation of such ATV by the owner or\noperator, if such insurance coverage was required under the\ncircumstances of such operation. It shall be an affirmative defense to\nany prosecution for a violation of this subdivision that such proof was\nso produced or displayed within twenty-four hours of receiving notice of\nsuch injury or damage, or the claim of such injury or damage.\n 4. No owner of an ATV shall operate or permit the same to be operated\nanywhere in this state other than on lands of the owner of the ATV\nwithout having in full force and effect the liability insurance coverage\nrequired by this section, and no person shall operate an ATV anywhere in\nthis state other than on lands of the owner of the ATV with the\nknowledge that such insurance is not in full force and effect.\n
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