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DFS-Applications: Banks & Trusts

ATM SAFETY ACT

On February 6, 1996, Governor George Pataki signed the ATM Safety Act. The provisions of this legislation, which became effective on January 1, 1997, are applicable to all Federal and State chartered banking institutions, including trust companies, savings banks, savings and loan associations, and credit unions that operate ATM facilities in New York State. Recognizing that ATMs are used daily by millions of New Yorkers, the Act requires certain ATM facilities to meet standards to ensure they are safe to use. For example, the Act established minimum standards for exterior lighting at and around ATM facilities and required the installation of videotape surveillance and monitoring systems and door locks.

The Department is authorized to enforce these provisions, as well as, the Superintendent's Regulation Part 301. In addition, the Superintendent can assess fines for violations of the Act and can approve variances or exemptions to the required safety measures.  In order to assist with compliance, the Department issued an Advisory Notice on December 17, 1998.

The Act applies only to ATM facilities owned by banking institutions and available to customers both during and after regular banking hours. It excludes machines located in buildings or space where the primary purpose is unrelated to banking, and is thus available only during the regular business hours of that building or space. Each bank with ATM facilities covered by the Act is required to file a semi-annual report with the Department of Financial Services, by January 15th and July 15th of each year, certifying its facilities are in compliance, noting any variances or exemptions granted. For noncompliant facilities, the bank must list noncompliant ATMs, describe the condition and its reason, and provide a plan to remedy the condition.   As of July 2018, compliance reports are required to be filed electronically through the Department’s Portal.

Portal Applications & Accounts

To access the ATM Safety Act Certification, you must have a portal account. Select the Secure Portal button below to log into, or create, your portal account. (You may need to disable any "pop-up" prevention software you have running before using this application.) Instructions for the portal can be found here.

Secure Portal

For assistance please contact the Department at ATMSafety@dfs.ny.gov.

Updated 07/20/2018

Department of Financial Services

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