N.Y. Vehicle & Traffic Law Section 353
When commissioner may release proof

The commissioner shall upon request consent to the cancellation of any bond or insurance policy or return to the person entitled thereto any money or securities, deposited pursuant to this article as proof of financial responsibility, or waive the requirement of filing proof of financial responsibility in any of the following events:

(1)

In the event of the death of the person on whose behalf such proof was filed, or the permanent incapacity of such person to operate a motor vehicle; or

(2)

In the event the person who has given proof of financial responsibility surrenders his operator’s or chauffeur’s license, registration certificates and registration plates to the commissioner, but the commissioner shall not release such proof in the event any action for damages upon a liability referred to in this article is then pending, or any judgment upon any such liability then outstanding and unsatisfied, or in the event the commissioner has received notice that such person has within the period of three months immediately preceding been involved as a driver in any motor vehicle accident. An affidavit of the applicant of the non-existence of such facts shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the bureau. Whenever any person to whom proof has been surrendered, as provided in this section, applies for an operator’s or chauffeur’s license or the registration of a motor vehicle, any such application shall be refused unless the applicant shall reestablish such proof.

Source: Section 353 — When commissioner may release proof, https://www.­nysenate.­gov/legislation/laws/VAT/353 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

330
Commissioner to administer article 331
Proof required upon certain convictions 332
Proof required in the event of certain judgments 333
Payments sufficient to satisfy requirements of this article 334
Suspension waived upon payment of judgment in installments 335
Security and proof required following accident 336
Duty of courts to report judgments 337
Suspension, duration 338
Application to non-resident, other persons 339
Owner may give proof for chauffeur or member of family 340
Surrender of license and evidences of registration 341
Amount of proof required 342
Alternate methods of giving proof 343
Proof of financial responsibility by certificate showing motor vehicle liability policy obtained 344
Certificate furnished by non-resident 345
Motor vehicle liability policy 346
Proof of financial responsibility not required after February first, nineteen hundred fifty-seven 348
Article not to affect other policies 349
Filing a bond as proof of financial responsibility 350
Money or securities deposited as proof of financial responsibility 351
Person having given proof may substitute other proof 352
If proof fails commissioner may require other proof 353
When commissioner may release proof 354
Commissioner to furnish operating record 355
Operating without giving proof when proof required 356
Forging or without authority signing proof of financial responsibility 357
Failing to report convictions and judgments 358
Otherwise violating article 359
Definitions 360
Exceptions 361
Self-insurers 362
Article not to repeal other motor vehicle laws 363
Expenses of administering article 364
Uniformity of interpretation 365
Short title 366
Past application of article 367
This article does not prevent other process 368
Constitutionality
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Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 353’s source at nysenate​.gov

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