VTL § 370-2, Operating Uninsured For-Hire Vehicle

The Benjamin Goldman Law Office can help with New York Vehicle & Traffic Law ("VTL") violations. VTL § 370 requires insurance for vehicles used to carry or transport passengers for hire (e.g. Uber and Yellow Taxi). Subdivision 2 makes it a misdemeanor to operate—or permit operation of—such a vehicle while the required insurance is not in effect. If you were charged with this violation, we will be glad to help. The Benjamin Goldman Law Office helps motorists with all types of traffic related charges in courts across the state. Please see our testimonials, courts we appear in, and feel free to contact us for a complimentary consultation.

VTL § 370(2) Statute

Any person, firm, association or corporation operating a motor vehicle or motorcycle as to which a bond or policy of insurance is required by this section who or which shall operate such vehicle, or cause the same to be operated, while such a bond or policy, or evidence thereof as required by this section, is not on file with the commissioner, and in full force and effect shall be guilty of a misdemeanor.

Source: NYS Vehicle & Traffic Law § 370(2) (nysenate.gov)

Plain-English summary

If you operate a vehicle for hire—like a limo, livery, or certain shuttle—New York requires you to be insured. VTL § 370(2) makes it a misdemeanor (criminal offense) to operate (or let someone else operate) that vehicle while the required insurance coverage isn’t in effect. Ordinary drivers using their own car for personal use aren’t covered by this section; it’s aimed at the for-hire industry. Penalties include fines and up to 30 days in jail for a first offense.

What are the penalties?

• Fine and jail: This is a misdemeanor. First offense: $0–$300 fine, 0–30 days in jail; second and third offenses within 18 months carry higher penalties.
• Points: 0 points.
• Surcharge: $88 or $93 surcharge applies.

Legislative history / impetus

VTL § 370 is in Article 8 (Indemnity Bonds or Insurance Policies on Vehicles Transporting Passengers for Hire). The section requires for-hire operators to file evidence of insurance or a bond with the commissioner; subdivision 2 makes it a misdemeanor to operate (or permit operation of) such a vehicle while the required bond or policy is not on file and in full force. Recent amendments addressed insurance for stretch limousines and vehicles with 8+ passengers (see NY DFS Insurance Circular Letter No. 15 (2019)).

Source: VTL § 370; NYS Dept of Financial Services, Insurance Circular Letter No. 15 (2019); NY Assembly/Senate bill search.

Defense analysis

Defenses include: (1) the vehicle was not one “as to which insurance is required by this section” (e.g., not for-hire, or within an exception); (2) the vehicle was in fact insured; (3) the defendant did not “operate” or “cause to be operated” the vehicle. Proof of late filing or administrative delay may support mitigation. See VTL § 370(2).

Benjamin Goldman Law Office

If you were charged with a VTL § 370(2) violation, the Benjamin Goldman Law Office can advise you. We can help with Article 8 and traffic matters across New York. Contact us for a complimentary consultation via our contact page.

Fight Your VTL § 370-2 Ticket