VTL § 356, Forging Proof of Insurance

The Benjamin Goldman Law Office can help with New York Vehicle & Traffic Law violations. Vehicle & Traffic Law § 356 addresses forging or signing without authority any evidence of ability to respond in damages (proof of financial responsibility) required by the commissioner. If you were charged with this offense, we can help. Our law firm assists clients with all types of traffic related charges in courts across New York State. See our testimonials, courts we appear in, and contact us for a consultation.

VTL § 356 Statute

Forging or without authority signing proof of financial responsibility. Any person who forges, or without authority, signs any evidence of ability to respond in damages as required by the commissioner in the administration of this article, and any non-resident who shall operate a motor vehicle in this state from whom the privilege of operating any motor vehicle has been withdrawn as provided herein, shall be fined not more than one thousand dollars or imprisoned not more than thirty days or both.

Source: NYS Vehicle & Traffic Law § 356 (nysenate.gov)

Plain-English summary

VTL § 356 makes it a crime to forge insurance documents that the DMV requires under the Motor Vehicle Safety Responsibility Act. Ordinary drivers who never submit fake or unauthorized proof are not covered; the law is aimed at fraud and evasion of paying insurance. This statute is outdated and almost never utilized because information about insurance is available online irrespective of any documents proffered by the motorist.

What are the penalties?

• Fine and jail: Per the NY State Legislature, fine of $0–$1,000, 0–30 days in jail.
• Points: 0 points.
• Surcharge: $88 or $93 surcharge applies.

Defense analysis

A defendant may challenge the charge by disputing the elements: (1) that the document was “evidence of ability to respond in damages” as required by the commissioner under Article 7; (2) that the defendant “forged” or signed “without authority”—e.g., mistaken belief in authority or that the signature was authorized; (3) for the non-resident limb, that the privilege to operate had been withdrawn as provided in Article 7. Defenses also include mistaken identity (someone else signed or submitted the proof) and that another penalty provision applies instead of § 356. See VTL § 356.

Legislative history / impetus

VTL § 356 is part of Article 7, the Motor Vehicle Safety Responsibility Act. Article 7 was enacted as the Page-Anderson Bill, effective January 1, 1942. According to a contemporary account, the law was adopted to strengthen financial responsibility after accidents and certain convictions—requiring proof of ability to respond in damages—without making insurance compulsory. The impetus was general agreement that the prior financial responsibility law was inadequate.

Source: Harold M. Jones, The New York Motor Vehicle Safety Responsibility Act, 40 Proc. Cas. Actuarial Soc’y Am. 381 (1941–42); NY Assembly/Senate bill search; Justia NY VAT.

Benjamin Goldman Law Office

If you were charged with a VTL § 356 violation, the Benjamin Goldman Law Office can advise you. We can help with this and other traffic matters across New York. You can contact us for a complimentary consultation via our contact page.

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