§ 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 financial services,
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.