N.Y. VAT. LAW § 401 : NY Code - Section 401: Registration of motor vehicles; fees; renewals
Search N.Y. VAT. LAW § 401 : NY Code - Section 401: Registration of motor vehicles; fees; renewals
1. Registration
by owners. a. No motor vehicle shall be operated or driven upon the
public highways of this state without first being registered in
accordance with the provisions of this article, except as otherwise
expressly provided in this chapter.
b. Every owner of a motor vehicle which shall be operated or driven
upon the public highways of this state shall, except as otherwise
expressly provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any agent of the
commissioner, constituted as provided in this chapter, an application
for registration addressed to the commissioner, and on a blank to be
prepared under the direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the motor vehicle
to be registered, including the name and factory number of such vehicle,
and such other facts as the commissioner shall require; (b) the weight
of the vehicle upon which the registration fee is based if the fee is
based on weight; (c) the name and residence, including county of the
owner of such motor vehicle; (d) provided that, if such motor vehicle is
used or to be used as an omnibus, the applicant also shall so certify,
and in the case of an omnibus also certify as to the seating capacity,
and if the omnibus is to be operated wholly within a municipality
pursuant to a franchise other than a franchise express or implied in
articles of incorporation upon certain streets designated in such
franchise, those facts shall also be certified, and a certified copy of
such franchise furnished to the commissioner; (e) provided, that, if
such motor vehicle is an altered livery, the applicant shall so furnish
a certified copy of the length of the center panel of such vehicle,
provided, however, that the commissioner shall require such proof, as he
may determine is necessary, in the application for registration and
provided further, if the center panel of such vehicle exceeds one
hundred inches, the commissioner shall require proof that such vehicle
is in compliance with all applicable federal and state motor vehicle
safety standards; and (f) such additional facts or evidence as the
commissioner may require in connection with the application for
registration. Every owner of a trailer shall also make application for
the registration thereof in the manner herein provided for an
application to register a motor vehicle, but shall contain a statement
showing the manufacturer's number or other identification satisfactory
to the commissioner and no number plate for a trailer issued under the
provisions of subdivision three of section four hundred two of this
chapter shall be transferred to or used upon any other trailer than the
one for which number plate is issued. The commissioner shall require
proof, in the application for registration, or otherwise, as such
commissioner may determine, that the motor vehicle for which
registration is applied for is equipped with lights conforming in all
respects to the requirements of this chapter, and no motor vehicle shall
be registered unless it shall appear by such proofs that such motor
vehicle is equipped with proper lights as aforesaid. The said
application shall contain or be accompanied by such evidence of the
ownership of the motor vehicle described in the application as may be
required by the commissioner or his agent and which, with respect to new
vehicles, shall include, unless otherwise specifically provided by the
commissioner, the manufacturer's statement of origin. Applications
received by an agent of the commissioner shall be forwarded to the
commissioner as he shall direct for filing. No application for
registration shall be accepted unless the applicant is at least sixteen
years of age.
2. Registration record. Upon the receipt of a sufficient application
for registration of a motor vehicle or trailer, as provided in this
article, the commissioner, or the agent receiving it, shall register
such motor vehicle or trailer and maintain a record of the registration
of such vehicle under the distinctive number assigned to such motor
vehicle or trailer as provided in this section, and the information in
such record may be obtained upon payment of the fees specified in
section two hundred two of this chapter.
3. Certificates of registration. * a. Upon filing of such application
and the payment of the fee hereinafter provided, the commissioner shall
assign to such motor vehicle a distinctive number and, without expense
to the applicant, issue and deliver in such manner as the commissioner
may select to the owner a certificate of registration, in such form as
the commissioner shall prescribe, and two number plates at a place
within the state of New York named by the applicant in his application.
A number plate, within the meaning of this chapter, may, in the
discretion of the commissioner, be a plate of a permanent nature,
treated with reflectorized material according to specifications
prescribed by the commissioner, and with a date tag attached to such
plate or to the vehicle as prescribed by regulations of the commissioner
indicating the validity of the plate during a certain period and the
issuance of such a number plate with such date tag to a person
possessing such a number plate shall be deemed the issuance of a number
plate. An additional fee, not to exceed fifteen dollars, shall be paid
to the commissioner whenever a set of reflectorized number plates is
issued for any vehicle for which a registration fee is normally charged
except that, with respect to any number plate which is specifically
requested by the applicant, such fee shall be paid to the commissioner
upon approval of such request. In the event of the loss, mutilation or
destruction of any certificate of registration, any number plate or set
of number plates whether with or without a date tag or tags, or any date
tag or set of date tags provided for in this article, the owner of a
registered motor vehicle may file such statement and proof of the facts
as the commissioner shall require, with a fee of three dollars, in the
office of the commissioner, or, unless and until the commissioner shall
otherwise direct, in the office of the agent who issued the certificate,
plate, plates, tag or tags and the commissioner or his agent, as the
case may be, shall issue a duplicate or substitute. It shall be the duty
of every owner holding a certificate of registration to notify the
commissioner in writing of any change of residence of such person within
ten days after such change occurs, and to inscribe on such certificate,
in the place provided by the commissioner, a record of such change of
residence.
* NB Effective until April 1, 2010
* a. Upon filing of such application and the payment of the fee
hereinafter provided, the commissioner shall assign to such motor
vehicle a distinctive number and, without expense to the applicant,
issue and deliver in such manner as the commissioner may select to the
owner a certificate of registration, in such form as the commissioner
shall prescribe, and two number plates at a place within the state of
New York named by the applicant in his or her application. A number
plate, within the meaning of this chapter, may, in the discretion of the
commissioner, be a plate of a permanent nature, treated with
reflectorized material according to specifications prescribed by the
commissioner, and with a date tag attached to such plate or to the
vehicle as prescribed by regulations of the commissioner indicating the
validity of the plate during a certain period and the issuance of such a
number plate with such date tag to a person possessing such a number
plate shall be deemed the issuance of a number plate. An additional fee,
not to exceed twenty-five dollars, shall be paid to the commissioner
whenever a set of reflectorized number plates is issued for any vehicle
for which a registration fee is normally charged except that, with
respect to any number plate which is specifically requested by the
applicant, such fee shall be paid to the commissioner upon approval of
such request. In the event of the loss, mutilation or destruction of any
certificate of registration, any number plate or set of number plates
whether with or without a date tag or tags, or any date tag or set of
date tags provided for in this article, the owner of a registered motor
vehicle may file such statement and proof of the facts as the
commissioner shall require, with a fee of three dollars, in the office
of the commissioner, or, unless and until the commissioner shall
otherwise direct, in the office of the agent who issued the certificate,
plate, plates, tag or tags and the commissioner or his or her agent, as
the case may be, shall issue a duplicate or substitute. It shall be the
duty of every owner holding a certificate of registration to notify the
commissioner in writing of any change of residence of such person within
ten days after such change occurs, and to inscribe on such certificate,
in the place provided by the commissioner, a record of such change of
residence.
* NB Effective April 1, 2010
b. During a registration period the commissioner may, upon application
by the owner of a registered motor vehicle and upon payment of a fee of
three dollars and seventy-five cents, change the distinctive number
assigned to such motor vehicle and issue a new set of number plates
provided the original registration and number plates are surrendered.
Notwithstanding any inconsistent provision of this section, the
difference collected between the fees set forth in this subdivision in
effect on and after September first, two thousand nine and the fees set
forth in this subdivision in effect prior to such date shall be
deposited to the credit of the dedicated highway and bridge trust fund.
c. The commissioner may waive the payment of fees required by
paragraph a of this subdivision if the applicant is a victim of crime
and the certificate of registration or number plates applied for are a
replacement for those that were lost or destroyed as a result of the
crime.
d. In processing any application for a certificate of registration
pursuant to this article or to title eleven of this chapter, the
commissioner shall provide the applicant with informational materials
describing the lead-acid battery management, return and collection
requirements set forth in title seventeen of article twenty-seven of the
environmental conservation law, and the used oil management, recycling
and disposal requirements set forth in title twenty-three of article
twenty-three of the environmental conservation law. Such informational
materials shall be distributed at the first opportunity and periodically
thereafter.
4. Carrying certificate of registration. Any magistrate, motor vehicle
inspector, peace officer, acting pursuant to his special duties, or
police officer may request that the operator of any motor vehicle
produce for inspection the certificate of registration for such vehicle
and such operator shall furnish to such magistrate, inspector, peace
officer or police officer any information necessary for the
identification of such vehicle and its owner, and all information
required concerning his license to operate, if he is required by law to
have such a license, and shall, if required, sign his name in the
presence of such magistrate, inspector, peace officer or police officer
as a further means of identification. The production of a license to a
magistrate, inspector, peace officer or police officer shall be prima
facie evidence in a prosecution for a violation of any provision of this
chapter, other than section three hundred ninety-two of this chapter,
that the person who so produced the license is the person identified on
such license. Provided, however, that a photostatic copy of the
certificate of registration may be produced in lieu of the original
certificate. If a vehicle does not have affixed a validating sticker
which indicates the plate number, the vehicle identification number and
the expiration date of the registration, the failure to produce the
certificate of registration, or a photostatic copy of such certificate,
shall be presumptive evidence of operating a motor vehicle or trailer
which is not registered as required by this article.
5. Times for registration, reregistration and renewal; proportionate
fees. a. Registrations, reregistrations and renewals shall take effect
and expire on dates determined by the commissioner. However, where the
expiration date of the registration of any vehicle, except a taxi or an
omnibus, falls on a Saturday, Sunday or state holiday, such registration
shall be valid for the operation of such vehicle until midnight of the
next day on which state offices shall be open for business. Provided,
however, that renewal of a registration may be used preceding the
expiration date of such registration including such expiration date.
Provided, further, however, that where the required proof of
registration consists of an expired registration for the same vehicle,
issued to the same person applying for the registration or renewal, and
the expired registration certificate and number plates and date tags
issued for such registration had not been surrendered to the
commissioner on or before the expiration date of such registration, the
commissioner may in his discretion deem such application to be a renewal
of the expired registration and require that the fee paid for such
registration be computed as if the registration had been made prior to
the date of expiration of the expired registration.
b. The fee for the renewal of a registration shall be the same as the
annual registration fee, and, where a registration or renewal is for a
period of more or less than one calendar year, the annual fees as
provided in this section shall be increased or reduced proportionately
on a daily computation basis, except that where the annual registration
fee for such vehicle would amount to ten dollars or less, the fee shall
not be so prorated.
c. Notwithstanding any other provision of this article, the
commissioner shall issue registrations and renewals of registrations for
motor vehicles for which a registration fee established in paragraph a
of subdivision six of this section is required to be paid and for motor
vehicles having a maximum gross weight of not more than eighteen
thousand pounds for which a registration fee established in paragraph
one of schedule B of subdivision seven of this section is required to be
paid for a period of not less than two years. In addition, the full
amount of any other charges, taxes or fees which would be required to be
paid to, or collected by, the commissioner during the entire
registration period if registrations were issued for twelve month
periods shall be paid to the commissioner at the time of such
registration or renewal of registration. The commissioner shall
promulgate rules and regulations for the issuance of registration
renewals extended as required in this paragraph. However, such
regulations may provide that the initial issuance of extended renewals
be accomplished over a two year period. The commissioner may by
regulation exempt from the provisions of this paragraph registrations
for motor vehicles issued in conjunction with any long-term registration
program or registration reciprocity or proration agreement which this
state has established or to which this state is a party.
5-a. Denial of registration or renewal. * a. (i) If at the time of
application for a registration or renewal thereof there is a
certification from a court, parking violations bureau, traffic and
parking violations agency or administrative tribunal of appropriate
jurisdiction or administrative tribunal of appropriate jurisdiction that
the registrant or his or her representative failed to appear on the
return date or any subsequent adjourned date or failed to comply with
the rules and regulations of an administrative tribunal following entry
of a final decision in response to a total of three or more summonses or
other process in the aggregate, issued within an eighteen month period,
charging either that (i) such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority or (ii) the registrant was liable in
accordance with section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of this chapter, the
commissioner or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court, traffic
and parking violations agency or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he or she has complied with the
rules and regulations of said tribunal following entry of a final
decision. Where an application is denied pursuant to this section, the
commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
(ii) For purposes of this paragraph, the term "motor vehicle operated
for hire" shall mean and include a taxicab, livery, coach, limousine or
tow truck.
* NB Effective until December 1, 2014
* a. If at the time of application for a registration or renewal
thereof there is a certification from a court or administrative tribunal
of appropriate jurisdiction that the registrant or his or her
representative failed to appear on the return date or any subsequent
adjourned date or failed to comply with the rules and regulations of an
administrative tribunal following entry of a final decision in response
to a total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that (i) such
motor vehicle was parked, stopped or standing, or that such motor
vehicle was operated for hire by the registrant or his or her agent
without being licensed as a motor vehicle for hire by the appropriate
local authority, in violation of any of the provisions of this chapter
or of any law, ordinance, rule or regulation made by a local authority
or (ii) the registrant was liable in accordance with section eleven
hundred eleven-b of this chapter for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, the commissioner or his
or her agent shall deny the registration or renewal application until
the applicant provides proof from the court or administrative tribunal
wherein the charges are pending that an appearance or answer has been
made or in the case of an administrative tribunal that he or she has
complied with the rules and regulations of said tribunal following entry
of a final decision. Where an application is denied pursuant to this
section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the
commissioner has determined that such registrant's intent has been to
evade the purposes of this subdivision and where the commissioner has
reasonable grounds to believe that such registration or renewal will
have the effect of defeating the purposes of this subdivision. Such
denial shall only remain in effect as long as the summonses remain
unanswered, or in the case of an administrative tribunal, the registrant
fails to comply with the rules and regulations following entry of a
final decision.
* NB Effective and Expires December 1, 2014
* a. If at the time of application for a registration or renewal
thereof there is a certification from a court or administrative tribunal
of appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the
appropriate local authority, in violation of any of the provisions of
this chapter or of any law, ordinance, rule or regulation made by a
local authority, the commissioner or his agent shall deny the
registration or renewal application until the applicant provides proof
from the court or administrative tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of an
administrative tribunal that he has complied with the rules and
regulations of said tribunal following entry of a final decision. Where
an application is denied pursuant to this section, the commissioner may,
in his discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this
subdivision. Such denial shall only remain in effect as long as the
summonses remain unanswered, or in the case of an administrative
tribunal, the registrant fails to comply with the rules and regulations
following entry of a final decision.
* NB Effective December 1, 2014
b. If at the time of application by any person for a registration or
renewal thereof there is a certification from a court or an agency or
administrative tribunal with regulatory or adjudicatory authority over
van services or other such common carriers of passengers in any city
with a population of over one million pursuant to subdivision five of
section eighty of the transportation law that there remains unpaid a
penalty imposed by such agency or administrative tribunal or court
following entry of a decision or order, including a decision or order in
a proceeding in which there has been a failure to appear or pay, in
response to a notice of violation, summons or other process issued
charging that the vehicle was operated as a van service or other such
common carrier of passengers without the operating authority required by
such local law or ordinance, the commissioner or the commissioner's
agent shall impose a vehicle identification number block and deny the
registration or renewal application until the applicant provides proof
from the court or agency or other administrative tribunal wherein the
charges were adjudicated that such penalty has been paid in full or the
violation has been corrected to its satisfaction. Where an application
is denied pursuant to this paragraph, the commissioner may, in the
commissioner's discretion, deny a registration or renewal application
for any other motor vehicle registered in the name of the applicant
where the commissioner has determined that such registrant's intent has
been to evade the purposes of this paragraph and where the commissioner
has reasonable grounds to believe that such registration or renewal will
have the effect of defeating the purposes of this paragraph. Such
vehicle identification number block and denial shall only remain in
effect until the penalty has been paid in full or the violation has been
corrected to the satisfaction of the court, city agency or
administrative tribunal.
c. The commissioner may promulgate such regulations as are necessary
to effectuate the provisions of this subdivision, including provisions
for the recovery of the administrative costs of the program incurred for
each municipality. The commissioner may, in his discretion, refuse to
process a certification received from a court or administrative tribunal
in any municipality which has failed to comply with the provisions of
section five hundred fourteen of this chapter or which does not have an
effective program for enforcing suspension and revocation orders issued
by the department.
6. Registration fees. a. The following fees shall be paid to the
commissioner, or agent, upon the registration or reregistration of a
motor vehicle, including a suburban, in accordance with the provisions
of this article:
If such motor vehicle, fully equipped, weighs thirty-five hundred
pounds or less, eighty-one cents for each one hundred pounds or major
fraction thereof; if such motor vehicle, fully equipped, weighs more
than thirty-five hundred pounds, eighty-one cents for each one hundred
pounds up to thirty-five hundred pounds, and one dollar and twenty-one
cents for each hundred pounds, or major fraction thereof, in excess of
thirty-five hundred pounds; provided, however, that the total fees for
the registration or reregistration of any passenger motor vehicle
propelled by electricity shall be sixteen dollars and eighteen cents, of
a six, eight, or twelve cylinder motor vehicle not less than sixteen
dollars and eighteen cents, and of any other motor vehicle not less than
twelve dollars and ninety-five cents; and provided further that for
motor vehicles described in subdivision seven of this section, the fee
for such registration shall be as therein prescribed. Provided further,
however, that the maximum registration fee under this paragraph shall
not exceed seventy dollars and eight cents per registration year. For
the purposes of this section a "suburban" shall be a motor vehicle with
a convertible or interchangeable body or with removable seats, usable
for both passenger and delivery purposes, and including motor vehicles,
commonly known as station or depot wagons. The manufacturer's weight of
motor vehicle shall be accepted as the weight for the purpose of
registration under this paragraph.
b. The provisions of this article with respect to the payment of
registration fees shall not apply to ambulances used exclusively to
carry sick or injured persons, other than those used in the business of
carrying or transporting sick or injured persons for hire or profit, or
to motor vehicles which are especially constructed and equipped to carry
lost, strayed, sick, maimed or disabled animals, and owned and operated
for that purpose by a duly incorporated society, incorporated for the
purpose of preventing cruelty to animals, or to motor vehicles owned or
controlled by the state, a city, county, village, town, school district,
or fire district or any of the departments thereof or county extension
service association or public improvement district formed under and
pursuant to provisions of the town law, or sanitary district formed
pursuant to the provisions of chapter five hundred sixteen of the laws
of nineteen hundred twenty-eight, as amended, or soil conservation
districts formed pursuant to the provisions of the soil conservation
districts law, or to motor vehicles owned by professional foreign
consuls-general, consuls and vice consuls, who are nationals of the
state appointing them and who are assigned to foreign consulates in the
state of New York, provided that American professional consular officers
of equal rank who are citizens of the United States and who exercise
their official functions at American consulates in such foreign country,
are granted reciprocal exemption, or to motor vehicles owned and
operated by the American Red Cross, but in other respects shall be
applicable.
b-1. The provisions of this article with respect to the payment of
registration fees shall not apply to (i) fire vehicles, as defined in
section one hundred fifteen-a of this chapter, owned or controlled by a
fire company, as defined in section three of the volunteer firefighters'
benefit law, or to (ii) emergency ambulance service vehicles, as defined
in section one hundred fifteen-c of this chapter, owned or controlled by
an ambulance company, as defined in section three of the volunteer
ambulance workers' benefit law. Upon the filing of an application in
such form and detail as the commissioner may prescribe, the commissioner
shall issue plates for such vehicles in the same manner as plates issued
to vehicles owned or controlled by fire districts pursuant to paragraph
b of this subdivision.
c. The provisions of this subdivision with respect to the payment of
registration fees shall not apply to a passenger or suburban type motor
vehicle or the provisions of subdivision seven of this section with
respect to the payment of registration fees shall additionally not apply
to any auto truck or light delivery car having a maximum gross weight of
less than sixty-five hundred pounds which is used exclusively for
passengers and owned by any disabled veteran of the armed forces of the
United States who has obtained such motor vehicle under and pursuant to
the provisions of public law number six hundred sixty-three,
seventy-ninth congress, and public law number seven hundred
ninety-eight, eighty-first congress and public law number one hundred
eighty-seven, eighty-second congress or any comparable motor vehicle
which is bought or acquired to replace such original motor vehicle owned
by such disabled veteran.
d. (i) In addition to the other fees provided for in this section, the
commissioner shall, upon the application for the registration of a motor
vehicle or the renewal thereof, collect the tax authorized by
subdivision (g) of section twelve hundred one of the tax law, if a city
of one million or more, pursuant to subdivision (h) of section twelve
hundred one of such law, enacts a local law providing for the collection
of such tax by the commissioner and enters into the required agreement
relating thereto.
(ii) In addition to the other fees provided for in this section, the
commissioner shall, upon the application for the registration of a motor
vehicle or the renewal thereof, collect the tax of the type authorized
under subdivision (e) of section twelve hundred one of the tax law, if a
county, pursuant to subdivision (c), (e) or (f) of section twelve
hundred two of such law, enacts a local law, ordinance or resolution
providing for the collection of such tax by the commissioner and enters
into the required agreement relating thereto.
e. A. In addition to any other fee for registration required to be
paid pursuant to this article, the commissioner may require the payment
of an annual service charge of six dollars and twenty-five cents upon
the issuance of a radio operator number plate which he, in his
discretion, is hereby authorized to do as provided by this paragraph.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in this
paragraph in effect on and after September first, two thousand nine and
the registration fees set forth in this paragraph in effect prior to
such date shall be deposited to the credit of the dedicated highway and
bridge trust fund.
B. A number plate issued pursuant to this paragraph shall be issued in
the same manner as other number plates are issued pursuant to this
article to persons making application therefor. Such plate shall contain
not more than eight letters, numerals or any combination thereof which
are the permanent radio call letters assigned to an amateur radio
operator by the federal communications commission. The provisions of
this paragraph shall not apply to any number plate reserved or issued
pursuant to any other provision of this article.
g. In addition to the other fees provided for in this section, the
commissioner shall, upon the application for the registration of a motor
vehicle or the renewal thereof, collect any tax imposed pursuant to the
authority of chapter one thousand thirty-two of the laws of nineteen
hundred sixty, if the city imposing such tax enacts a local law
providing for the collection of such tax by the commissioner and enters
into the required agreement relating thereto.
7. Registration fees for auto trucks, tractors, buses, taxicabs,
livery and certain other motor vehicles. The registration fees to be
paid upon the registration or reregistration, in accordance with the
provisions of this article, of buses, of motor vehicles constructed or
specially equipped for the transportation of goods, wares and
merchandise, commonly known as auto trucks or light delivery cars, of
taxicabs, livery and of certain other motor vehicles specified herein
are hereby established as follows:
A. Schedule for buses.
For each such vehicle having a seating capacity for passengers of five
passengers or less, and meeting the requirements of subdivisions twenty
and twenty-one, notwithstanding the capacity limitation of subdivision
twenty-one, of section three hundred seventy-five of this chapter, the
annual fee of twenty-one dollars and fifty-six cents.
For each such vehicle having a seating capacity for passengers of not
less than six passengers, nor more than seven passengers, and meeting
the requirements of subdivisions twenty and twenty-one, notwithstanding
the capacity limitation of subdivision twenty-one, of section three
hundred seventy-five of this chapter, the annual fee of thirty-five
dollars and twenty-three cents.
For each such vehicle having a seating capacity for passengers of not
less than eight passengers, nor more than ten passengers, and meeting
the requirements of subdivisions twenty and twenty-one, notwithstanding
the capacity limitation of subdivision twenty-one, of section three
hundred seventy-five of this chapter, the annual fee of forty-three
dollars and eighty-five cents.
For each such vehicle having a seating capacity for passengers of not
less than eleven passengers, nor more than fourteen passengers, and
meeting the requirements of subdivisions twenty and twenty-one,
notwithstanding the capacity limitation of subdivision twenty-one, of
section three hundred seventy-five of this chapter, the annual fee of
sixty-one dollars and eighty-one cents.
For each such vehicle having a seating capacity for passengers of not
less than fifteen passengers, nor more than twenty passengers, the
annual fee of seventy-four dollars and seventy-five cents.
For each such vehicle having a seating capacity for passengers of not
less than twenty-one passengers, nor more than twenty-two passengers,
the annual fee of seventy-nine dollars and six cents.
For each such vehicle having a seating capacity for passengers of not
less than twenty-three passengers, nor more than twenty-six passengers,
the annual fee of eighty-eight dollars and forty-one cents.
For each such vehicle having a seating capacity for passengers of not
less than twenty-seven passengers, nor more than thirty passengers, the
annual fee of ninety-seven dollars and four cents.
For each such vehicle having a seating capacity for passengers in
excess of thirty passengers, the fee of ninety-seven dollars and four
cents, and the additional fee of two dollars and eighty-eight cents for
each passenger (measured by seating capacity) in excess of thirty
passengers.
For the purposes of this schedule, the term "seating capacity for
passengers" shall exclude the driver.
The words "seating capacity for passengers", as used in this section,
shall mean seating capacity for adults. The commissioner shall have
authority to determine, for registration purposes, the manner of
computing the seating capacity of any vehicle.
Provided, however, that in the case of a bus operated entirely by
electricity not generated by an engine contained therein the fees to be
paid upon registration or reregistration thereof shall be fifty per
centum in excess of the foregoing rates.
The foregoing schedules shall not apply to omnibuses operated pursuant
to a franchise or franchises over streets designated in said franchise
or franchises wholly within a city or cities, provided the holder of the
franchise or franchises pays for the same a percentage of its gross
earnings or gross receipts and for any such omnibus, without regard to
the seating capacity; nor shall the foregoing schedules apply to
omnibuses operated pursuant to a certificate of public convenience and
necessity granted under the transportation law and based upon the
consent of the local authorities of any city, town or village, other
than in the counties of Nassau, Suffolk and Westchester, as required by
the transportation corporations law or, in the county of Nassau, based
upon the consent of the board of supervisors of such county or of any
city or village therein, or of both such county and any city or village
therein or, in the counties of Suffolk and Westchester, based upon the
consent of the county board of legislators of such counties, as required
by chapter eight hundred seventy-nine of the laws of nineteen hundred
thirty-six, provided the holder of such local consent pays for the same
an annual fee to any such county, city, town or village, and for any
such omnibus, without regard to the seating capacity, the annual fee
shall be twelve dollars and fifty cents. The foregoing schedules shall
not apply to trackless trolleys, but if such omnibus shall not be
operated in local transit service pursuant to a certificate of
convenience and necessity issued by the commissioner of transportation
the foregoing schedule of fees shall apply.
B. Schedule for tractors, auto trucks and light delivery cars.
1. For each auto truck or light delivery car, the annual fee of three
dollars and sixty cents for each five hundred pounds maximum gross
weight or fraction thereof, except that the annual fee for such motor
vehicle operated entirely by electricity not generated by an engine
contained therein shall be five dollars and thirty-nine cents for each
five hundred pounds maximum gross weight or fraction thereof, but in
computing the weight of such an electric vehicle the weight of electric
batteries shall be excluded and except also that the annual fee for each
auto truck having a maximum gross weight in excess of eighteen thousand
pounds used exclusively in the transportation of household goods (as
defined by the commissioner of transportation of this state or the
interstate commerce commission) by a carrier under authority of the
commissioner of transportation of this state or of the interstate
commerce commission shall be nine dollars and seventy cents for each
five hundred pounds maximum gross weight or fraction thereof. Provided
however, that no motor vehicle registered pursuant to this paragraph may
be charged a registration fee in excess of that charged for a motor
vehicle registered with a maximum gross weight of eighty thousand
pounds.
2. For each tractor of any weight the annual fee of one dollar and
fifty-one cents for each one hundred pounds, or major fraction thereof,
of maximum gross weight, except that the annual fee for each tractor of
any weight used exclusively in the transportation of household goods (as
defined by the commissioner of transportation of this state or the
interstate commerce commission) by a carrier under authority of the
commissioner of transportation of this state or of the interstate
commerce commission shall be two dollars and sixteen cents for each one
hundred pounds, or major fraction thereof, of maximum gross weight.
Provided however, that no motor vehicle registered pursuant to this
paragraph may be charged a registration fee in excess of that charged
for a motor vehicle registered with a maximum gross weight of eighty
thousand pounds.
3. For the purpose of this schedule, maximum gross weight of an auto
truck or light delivery car shall mean the weight of the motor vehicle
plus the weight of the maximum load to be carried by such motor vehicle
during the registration period. For the purposes of this schedule,
maximum gross weight of a tractor shall be the weight of the tractor,
plus the unladen weight of any semitrailer drawn thereby, plus the
weight of the maximum load to be carried on the tractor and on any
semitrailer drawn by such tractor during the registration period, but
shall not include the weight or load of a semitrailer, used with a
device for converting it to a trailer, when being drawn by a tractor
semitrailer combination on the New York state thruway as part of a
double tandem combination. The weight of the motor vehicle and such
maximum load as stated on the application for registration shall be
subject to audit and approval by the commissioner of motor vehicles.
C. Schedule for taxicabs and livery. For each taxicab or livery having
a seating capacity for passengers, excluding the driver, of five persons
or less, the annual fee of thirty-one dollars and sixty-three cents. For
each such vehicle having a seating capacity for passengers, excluding
the driver, of not less than six persons, nor more than seven persons,
the annual fee of fifty-one dollars and seventy-five cents. For each
such vehicle having a seating capacity for passengers, excluding the
driver, of at least eight persons, but not more than ten persons, the
annual fee of sixty-four dollars and sixty-nine cents. For each such
vehicle having a seating capacity for passengers, excluding the driver,
of at least eleven persons, but not more than fourteen persons, the
annual fee of ninety-two dollars. Any registration issued pursuant to
this schedule shall be revoked upon receipt by the commissioner of a
notice of revocation of any license or permit necessary for the issuance
of such registration from the local authority which issued such license
or permit, or upon receipt of evidence by the commissioner that the
registrant has been convicted of a violation of any local law requiring
the issuance of a license or permit in order to engage in for-hire
operation. Provided, however, that upon surrender to the commissioner of
any such revoked registration and number plates and upon payment of the
proper registration fee, a registration may be issued for the vehicle
for which such registration has been revoked pursuant to the provisions
of subdivision six of this section.
D. Schedule for hearses, and certain ambulances. 1. For each hearse,
the annual fee of one dollar and twenty-four cents for each one hundred
pounds, or major fraction thereof, of unladen weight.
2. For each ambulance used in the business of carrying or transporting
sick or injured persons for hire or profit, the annual fee of one dollar
and twenty-four cents for each one hundred pounds or major fraction
thereof, of unladen weight.
E. Schedule for agricultural trucks. 1. For each agricultural truck,
the annual fee of two dollars and fifty-one cents for each five hundred
pounds maximum gross weight, or fraction thereof.
2. For the purposes of this schedule an "agricultural truck" shall be
a truck owned by a person engaged in production by means of (a) the
planting, cultivation and harvesting of agricultural, vegetable and food
products of the soil, including horticultural specialties such as
nursery stock, ornamental shrubs, ornamental trees and flowers, (b) the
raising, feeding and care of live stock, bees and poultry or (c) dairy
farming. Such agricultural truck shall be used only for the
transportation of his own agricultural or dairy commodities or supplies
or for personal passenger use, or use in conjunction with lumbering
operations connected with but only incidental to the operation of a
farm.
3. A motor vehicle, registered as an "agricultural truck" under this
schedule, shall be operated on the public highways only for the purposes
set forth in paragraph two hereof.
4. An agricultural truck may be registered or reregistered for periods
of less than one calendar year upon application forms furnished by the
commissioner for such purpose, and the annual fees as provided in this
schedule shall be reduced proportionately on a monthly computation
basis.
F. Schedule for certain motor vehicles. (a) For each road roller,
tractor crane, truck crane, power shovel, road building machine, snow
plow, road sweeper, sand spreader, well driller, well servicing rig,
feed processing machine, mobile car crusher (whether self-propelled or a
combination used exclusively as one unit), earth mover, which shall mean
a motor-driven vehicle in excess of eight feet in width equipped with
pneumatic tires designed and constructed for moving or transporting
earth and rock in connection with excavation and grading work, and truck
with small wheels used in a factory, warehouse or railroad station, for
each spreader or sprayer (generally meaning an agricultural vehicle used
to spread or spray agricultural chemicals, agricultural lime and/or
agricultural fertilizers) and fire vehicles, an annual fee of fourteen
dollars and thirty-eight cents; provided, however, that the provisions
of paragraph b of subdivision six of this section relating to the
exemption of certain motor vehicles from the payment of registration
fees thereon shall apply to the motor vehicles specified in this
schedule. A tractor-trailer combination designed and used as a unit
exclusively for the same purpose as a vehicle specifically included in
this schedule shall be considered as a single vehicle and registered as
a motor vehicle under this schedule rather than as a tractor and trailer
separately.
(b) As used in this schedule, the term "snow plow" shall not include
farm type tractors used exclusively for agricultural purposes, or for
snow plowing other than for hire, as defined in section one hundred
twenty-five of this chapter, when used for plowing or removing snow,
provided such plowing or snow removal is not done for hire.
No person shall operate or move, or cause or knowingly permit to be
operated or moved on any public highway in this state any auto truck,
agricultural truck or light delivery car, registered in this state,
having a combined weight of vehicle and load in excess of the maximum
gross weight for such vehicle as stated on the application for
registration. Such maximum gross weight cannot be more than the weight
permitted under section three hundred eighty-five of this chapter or the
weight permitted by the rules or regulations of the department of
transportation of any city not wholly included within one county or
under permits that may be issued pursuant to such section, rules or
regulations whichever is the least restrictive.
G. Schedule for historical motor vehicles. For each motor vehicle
which is owned and operated as an exhibition piece or collectors item,
and is used for participation in club activities, exhibit, tours,
parades, occasional transportation and similar uses, but not used for
general daily transportation, an annual fee of twenty-eight dollars and
seventy-five cents. For purposes of this paragraph, a historical motor
vehicle shall mean any vehicle manufactured more than twenty-five years
prior to the current calendar year, and any other model, year and type
vehicle which has unique characteristics and which is determined by the
commissioner to be of historical, classic or exhibition value.
Registration plates for such vehicles shall be of a type and design
approved by the commissioner, but shall be of a distinctive nature.
Except that, with the approval of the commissioner, an owner of any such
vehicle may utilize registration plates issued in the year corresponding
to the model year date in which the vehicle was manufactured, if the
registration plate is legible, durable, and serviceable, of this state,
and accurate in color, as determined by the department. Nothing in this
paragraph shall be construed to prohibit the use of previously issued
registration plates that have been restored, without deviation from
their original alphanumeric or pictorial content, to such condition as
otherwise satisfies all applicable requirements. Such plates shall be
used only for the operation of the motor vehicle listed on the
registration application and on other motor vehicles which would qualify
for registration under this schedule owned by persons other than the
registrant for the purpose of test driving by the registrant or his or
her agent in anticipation of possible purchase. No such registration
will be issued unless evidence of financial security, in a form
prescribed by the commissioner, is submitted which provides coverage for
the motor vehicle listed on the registration application and for
non-owned motor vehicles being operated with such plates.
H. Schedule for tow trucks. For each tow truck registered pursuant to
section four hundred one-b of this article, the annual fee of two
dollars and eighty-eight cents for each five hundred pounds maximum
gross weight or fraction thereof. For the purposes of this schedule, the
maximum gross weight of a tow truck shall include the weight of any
vehicle transported wholly upon the tow truck, but shall not include the
weight of any vehicle transported partly upon the tow truck and partly
on its own wheels or a dolly.
I. Schedule for leased and rental vehicles. 1. The annual fee for each
leased vehicle and for each rental vehicle, other than a motorcycle or a
rental vehicle of the passenger vehicle or suburban type, shall be the
annual fee which would be required to be paid for such vehicle if it
were not a leased or rental vehicle.
2. For each rental vehicle of the passenger or suburban type having a
seating capacity for passengers, including the driver, of five persons
or less, the annual fee of fifty-three dollars and nineteen cents. For
each such vehicle having a seating capacity for passengers, including
the driver, of not less than six persons, nor more than seven persons,
the annual fee of seventy-four dollars and seventy-five cents. For each
such vehicle having a seating capacity for passengers, including the
driver, of at least eight persons, but not more than ten persons, the
annual fee of eighty-six dollars and twenty-five cents. For each such
vehicle having a seating capacity for passengers, including the driver,
of at least eleven persons, but not more than fifteen persons, the
annual fee of one hundred thirteen dollars and fifty-six cents.
J. Schedule for vanpool vehicles. The annual fee for each vanpool
vehicle shall be the annual fee which would be required to be paid for
such vehicle if it were not used for the purpose of vanpooling.
Registration plates for such vehicles shall be of a type and design
approved by the commissioner, and shall include the word VANPOOL on the
face of the registration plate. Such plate shall be issued at the
request of the registrant upon proof, satisfactory to the commissioner,
that the vehicle is to be used for the purpose of vanpooling.
K. Schedule for heavy duty vehicles: Notwithstanding any inconsistent
provision of this section, the registration fee for any vehicle
described in this paragraph shall be increased by up to three and
twenty-five one hundredths percent of such registration fee in effect on
September first, two thousand nine, to fund the direct and indirect
costs of the development and implementation of a heavy duty emissions
inspection program pursuant to section 19-0320 of the environmental
conservation law, including planning, development of regulations and
guidance, state implementation plan development, personnel costs
attributable to the program, and enforcement costs. Such fee is
authorized to be collected, commencing June first, nineteen hundred
ninety-nine, at the time of registration of any vehicle required to be
registered in New York having a gross vehicle weight of greater than
eight thousand five hundred pounds and powered by diesel fuels except
for those vehicles defined in section one hundred one of this chapter,
subparagraph two of paragraph E and subparagraph (a) of paragraph F of
this subdivision, and vehicles specified in subdivision thirteen of this
section, and farm type tractors and all terrain type vehicles used
exclusively for agricultural or mowing purposes, or for snow plowing,
other than for hire, farm equipment, including self-propelled machines
used exclusively in growing, harvesting or handling farm produce, and
self-propelled caterpillar or crawler-type equipment while being
operated on the contract site, and timber harvesting equipment such as
harvesters, wood chippers, forwarders, log skidders, and other
processing equipment used exclusively off highway for timber harvesting
and logging purposes. Notwithstanding any provision of law to the
contrary, any fee amount collected pursuant to this paragraph shall be
deposited in the clean air fund, to the credit of the mobile source
account, in accordance with the provisions of section ninety-seven-oo of
the state finance law. Notwithstanding any inconsistent provision of
this section, the difference collected between the increase of the
percentage of the registration fees set forth in this schedule in effect
on and after September first, two thousand nine and the percentage of
the registration fees set forth in this schedule in effect prior to such
date shall be deposited to the credit of the dedicated highway and
bridge trust fund.
L. Notwithstanding the provisions of paragraph K of this subdivision,
no fee shall be charged upon the registration of any vehicle exempt from
the payment of registration fees under paragraph b of subdivision six of
this section.
8. Registration fees for trailers. a. The provisions of this chapter
in relation to registration books and registration, certificates of
registration, number plates, duplicates of certificates and number
plates, times of registration and reregistration and the duration
thereof, for motor vehicles, shall apply also to trailers. The following
fees shall be paid upon the registration or reregistration of a trailer,
other than a coach or house trailer or a semitrailer, in accordance with
the provisions of this article: The annual fee of five dollars and
thirty-nine cents for each five hundred pounds or fraction thereof of
maximum gross weight but in no case shall the annual fee be less than
fourteen dollars and thirty-eight cents. The following fees shall be
paid upon the registration or reregistration of a coach or house trailer
in accordance with the provisions of this article: The annual fee of one
dollar and seventy-three cents for each one hundred pounds or major
fraction thereof of unladen weight but in no case shall the annual fee
be less than twenty-one dollars and fifty-seven cents. The following
fees shall be paid upon the registration or reregistration of a
semitrailer in accordance with provisions of this article: The annual
fee of twenty-eight dollars and seventy-five cents. However, upon the
request of the applicant upon the registration or renewal of a
registration of a nineteen hundred eighty-nine or later model year
semitrailer, such semitrailer may be registered for a period of not less
than five and one-half nor more than six and one-half years for a fee of
eighty-six dollars and twenty-five cents. A semitrailer, used with any
device for converting it to a trailer, other than one being drawn by a
tractor semitrailer combination as part of a double tandem combination,
shall be registered as a trailer.
For the purposes of this paragraph, the unladen weight of a coach or
house trailer shall include the weight of any equipment permanently
attached to or installed in such trailer. Notwithstanding the foregoing
provisions and pursuant to regulations and limitations to be established
by the commissioner and upon payment of a fee of two dollars and thirty
cents therefor a temporary permit to move a coach or house trailer on
the public highways from one site to another shall be issued to the
owner thereof upon application therefor. Such application shall be made
in the manner prescribed by the commissioner.
b. For the purposes of this subdivision, as applied to a trailer other
than a coach or house trailer or a semitrailer, maximum gross weight
shall mean the weight of the trailer plus the weight of the maximum load
to be carried by such trailer during the registration period. The weight
of the trailer and such maximum load as stated on the application for
registration shall be subject to audit and approval by the commissioner
of motor vehicles.
c. No person shall operate or move, or cause or knowingly permit to be
operated or moved on any public highway of this state any combination of
a tractor registered in this state and a semitrailer having a combined
weight of vehicles and load in excess of the maximum gross weight of the
tractor as stated on the application for registration of such vehicle.
Such maximum gross weight cannot be more than the weight permitted under
section three hundred eighty-five of this chapter or the weight
permitted by the rules or regulations of the department of
transportation of any city not wholly included within one county or
under permits that may be issued pursuant to such section, rules or
regulations whichever is the least restrictive.
d. No person shall operate or move, or cause or knowingly permit to be
operated or moved on any public highway of this state any trailer, other
than a coach or house trailer or a semitrailer, registered in this
state, having a combined weight of vehicle and load in excess of the
maximum gross weight of such trailer as stated on the application for
registration of such vehicle.
9. Correction of registration. a. Where a motor vehicle registered
under this article requires registration in another class because of a
change in its form or use, an application for the correct registration
may be granted upon the surrendering of the certificate of registration
and number plates and the payment of a fee of one dollar, together with
the excess, if any, of the fee for the correct registration over the fee
for the registration in the class in which the vehicle is registered,
both fees to be computed as of the date of granting the correct
registration; provided, however, that if the vehicle has already been
registered in more than one class during the year, the class requiring
the highest fee shall be taken as the basis in determining the
additional fee, if any, to be paid instead of the class in which the
vehicle is registered at the time of the application.
b. Where a vehicle registered under the provisions of subdivisions
seven or eight of this section on the basis of maximum gross weight
requires a corrected registration because of a load in excess of the
maximum load as certified in the application for registration, or the
registrant desires to register the vehicle at a lower gross maximum
weight, an application shall be made for correct registration. Upon the
surrendering of the certificate of registration and the payment of a fee
of two dollars together with the balance of the annual fee for the
correct registration over the fee as previously registered, such
corrected registration may be issued. No return of any part of the fee
paid for the previous registration shall be made in case of a reduction
of maximum gross weight certified in the application for a corrected
registration.
9-a. Whenever a registration fee prescribed in subdivision six, seven
or eight of this section shall amount to a fee other than a whole dollar
amount, the fee required to be paid shall be rounded to the nearest
twenty-five cents.
10. Fees in lieu of taxes. The registration fees imposed by this
article upon motor vehicles, other than those of manufacturers and
dealers, shall be in lieu of all taxes, general or local, to which motor
vehicles may be subject.
11. A motor vehicle, which does not fall within the definition of the
term bus, used to transport pupils, or pupils and teachers, to and from
school and not otherwise used to transport passengers for hire shall not
be registered as a taxicab or livery because of such use.
12. Registration fee for "forty and eight trains." Notwithstanding any
of the provisions of this chapter, the annual registration fee for a
motor vehicle, commonly described as a boxcar and/or locomotive, duck
and tank and used only by La Societe des 40 Hommes et 8 Chevaux for
civic demonstrations, convention purposes or social welfare work, shall
be five dollars.
12-a. Permanent fleet registration. The commissioner may provide for a
system of extended registration for vehicles a registrant wishes to
register as a fleet. The fee required for the registration of each
vehicle registered in such system shall be the same fee which would be
required if the vehicle was otherwise registered under this section plus
an additional two dollar administrative fee. The commissioner may
establish the minimum number of vehicles required to be registered as a
fleet, the types of vehicles which may be registered in a fleet, the
term of validity of any such registration, qualifications for fleet
registrants and, notwithstanding any other provisions of this article to
the contrary, procedures for registration in a fleet, times and methods
of payment of required fees and the display and/or surrender of number
plates and tags or other evidence of fleet registration. The
commissioner may prescribe rules and regulations to carry out the
provisions of this subdivision.
13. Registration of motor vehicles, trailers and semitrailers operated
upon public highways connecting portions of a farm or farms, municipal
sanitary landfills and licensed motor vehicle repair shops. Motor
vehicles, other than motor vehicles manufactured and equipped primarily
for the transportation of passengers, trailers and semitrailers, to be
operated by any person, upon a public highway for the purpose of
traveling by the most direct route, but in no event further than
twenty-five miles one-way from a point on the farm as designated by the
vehicle owner and set forth in an attachment to the vehicle
registration, (a) between fields, buildings, and facilities managed or
operated as part of a single farm enterprise in connection with the
production, harvesting, processing or marketing on that farm of crops,
livestock, or livestock products produced on that farm; or (b) for the
purpose of transporting materials from a farm to the nearest available
municipal sanitary landfill; or (c) for the purpose of transporting the
motor vehicle, trailer or semitrailer to a motor vehicle repair shop
licensed pursuant to this chapter for the repair or adjustment of
equipment provided that, in addition to the route restrictions set forth
in this subdivision, no such transport shall be authorized (i) if such
vehicle has an out-of-service defect relating to load securement, brake
systems, steering components and/or coupling devices, or after it has
been placed out-of-service; (ii) on any limited access highway; and
(iii) during the period of one hour before sunset to one hour after
sunrise, may be registered as provided in this subdivision. Every owner
of such vehicles may cause to be filed by mail or otherwise, with the
commissioner or with any agent of the commissioner, an application for
registration of such vehicle, addressed to the commissioner, and on a
blank to be furnished by the commissioner for that purpose, containing
the information required by subdivision one of this section and such
other information as the commissioner shall require. The commissioner or
agent shall make such investigation, as he or she shall determine
necessary, and if satisfied that the vehicle is to be operated
exclusively as provided in this subdivision shall, upon the payment of a
fee of one dollar, assign to such vehicle a distinctive number and issue
and deliver to the applicant a set of number plates and a certificate of
registration in such form as the commissioner shall prescribe,
indicating the extent to which the vehicle registered may be operated on
the public highways and such vehicle may be operated only as so
indicated. For the purposes of this subdivision, the terms "farm" and
"crops, livestock or livestock products," shall have the same meaning as
"land used in agricultural production" and "crops, livestock and
livestock products," respectively, as defined in section three hundred
one of the agriculture and markets law, except that farmers with an
average gross sales value of at least one thousand dollars per year of
crops, livestock, and livestock products shall be eligible to register
vehicles pursuant to this subdivision.
15. The commissioner is authorized to make necessary rules and
regulations as may be appropriate for the proper enforcement of the
provisions of this section with respect to the registration of auto
trucks, agriculture trucks, light delivery cars, tractors and trailers.
16. a. Notwithstanding any other provision of this chapter or other
law, or rule or regulation, a specialized vehicle shall be classified as
a passenger vehicle and shall be registered accordingly. Such vehicle
may use any highway which is restricted to passenger use only.
b. For the purpose of this subdivision, "a specialized vehicle" shall
mean any vehicle having a gross weight not exceeding sixty-nine hundred
ninety-nine pounds, regardless of seating or window arrangements, which
is equipped or modified with a powered lift or ramp or containing any
other physical device or alteration for the purpose of accommodating a
wheelchair or permitting access of a wheelchair-bound person, and which
is intended to be used for the transportation of a disabled person or
persons confined to a wheelchair.
17. The provisions of this chapter with respect to the issuance and
display of number plates shall not apply to trucks that are used on the
highways only in crossing from one point in the owners property to
another point in the property of such owner where the route traveled by
such trucks does not adjoin the lands of another owner; provided,
however, that such vehicles shall comply in all respects with the
provisions of article six of this chapter.
17-a. The commissioner shall permit the use of distinctive license
plates reserved for use by emergency medical technicians on a van or
pickup truck owned and operated by such person where such vehicle is not
used for commercial purposes.
18. A violation of subdivision one of this section shall be punishable
by a fine of not less than seventy-five nor more than three hundred
dollars, or by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of failure
to renew a registration which was valid within sixty days, the fine
shall be not less than forty dollars. A violation of subdivision seven
or eight of this section shall be punishable by a fine of not less than
one hundred fifty nor more than three hundred seventy-five dollars, or
by imprisonment for not more than thirty days, or by both such fine and
imprisonment, for the first offense, except where the violation was
committed with a vehicle having a maximum gross weight of less than
eighteen thousand pounds the violation should be punished by a fine of
not less than forty nor more than three hundred seventy-five dollars; by
a fine of not less than three hundred seventy-five dollars nor more than
seven hundred fifty dollars, or by imprisonment for not more than sixty
days, or by both such fine and imprisonment, for the second or
subsequent offense; provided that a sentence or execution thereof for
any violation under this subdivision may not be suspended. For any
violation of said subdivision seven or eight of this section, the
registration of the vehicle may be suspended for a period of not less
than ten days nor more than six months whether at the time of the
violation the vehicle was in charge of the owner or his agent. The
provisions of section five hundred ten of this chapter shall apply to
such suspension except as otherwise provided herein.
19. No owner of a motor vehicle shall cause to be presented, by mail
or otherwise, to the office or a branch office of the commissioner, or
to any agent of the commissioner, an application for registration of a
vehicle which violates any weight limitations contained in the
provisions of section three hundred eighty-five of this chapter or the
weight permitted by the rules or regulations of any city not wholly
included within one county or under permits that may be issued pursuant
to such section, rules or regulations whichever is the least
restrictive.
19-a. If a vehicle or combination of vehicles is operated in violation
of this section, an appearance ticket or summons may be issued to the
registrant of the vehicle, or if a combination of vehicles, to the
registrant of the hauling vehicle rather than the operator. In the event
the vehicle is operated by a person other than the registrant, any
appearance ticket or summons issued to the registrant shall be served
upon the operator, who shall be deemed the agent of the registrant for
the purpose of receiving such appearance ticket or summons. Such
operator-agent shall transmit such ticket or summons to the registrant
of the vehicle or the hauling vehicle. If the registrant does not appear
on the return date, a notice establishing a new return date and either
containing all pertinent information relating to the charge which is
contained on the summons or appearance ticket or accompanied by a copy
of the information or complaint shall also be mailed by certified or
registered mail by or on behalf of the court or administrative tribunal
before whom the appearance ticket or summons is returnable to the
registrant at the address given on the registration certificate for the
vehicle, or if no registration certificate is produced at the time the
appearance ticket or summons is issued, to the address of the registrant
on file with the department or given to the person issuing the
appearance ticket or summons. Whenever proceedings in a court or
administrative tribunal of this state result in a conviction for a
violation of this section, and the court or administrative tribunal has
made the mailing specified herein, the court or administrative tribunal
shall levy a mandatory surcharge, in addition to any sentence or other
surcharge required or permitted by law, in the amount of thirty dollars.
This mandatory surcharge shall be paid to the clerk of the court or
administrative tribunal that rendered the conviction. Within the first
ten days of the month following collection of the mandatory surcharge by
a town or village court, the court shall pay such money to the state
comptroller who shall, pursuant to subdivision two of section
ninety-nine-a of the state finance law, credit such money to the account
of the town or village which sent the mandatory surcharge. If such
collecting authority is any other court of the unified system or
administrative tribunal it shall, within such period, pay such money to
the state comptroller who shall deposit such money into the state
treasury. The provisions of this subdivision shall not apply to
owner-operators of any motor vehicle or to any motor vehicle or trailer
which is registered in the name of a person whose principal business is
the lease or rental of motor vehicles or trailers unless the motor
vehicle or trailer is being operated by an employee of the registrant or
for a community of interest other than the lease or rental agreement
between the parties to the lease or rental agreement.
21. The commissioner shall deposit daily the percentages listed below
of all fees collected or received by the commissioner after March
thirty-first, nineteen hundred ninety-three pursuant to certain
registration fees imposed by (a) paragraph a of subdivision six, (b) all
schedules of subdivision seven and (c) paragraph a of subdivision eight
of this section in a responsible bank, banking house or trust company,
which shall pay the highest rate of interest to the state for such
deposit to the credit of the comptroller on account of the dedicated
highway and bridge trust fund established pursuant to section
eighty-nine-b of the state finance law. The commissioner shall so
deposit thirteen percent of all such registration fees so collected or
so received after March thirty-first, nineteen hundred ninety-three,
seventeen percent of all such registration fees so collected or so
received after December thirty-first, nineteen hundred ninety-four,
twenty percent of all such registration fees so collected or so received
after December thirty-first, nineteen hundred ninety-five, twenty-eight
percent of all such registration fees so collected or so received after
March thirty-first, nineteen hundred ninety-eight, thirty-four percent
of all such registration fees so collected or so received after June
thirtieth, nineteen hundred ninety-eight, and forty-five and five-tenths
percent of all such registration fees so collected or so received after
January thirty-first, nineteen hundred ninety-nine. Every bank, banking
house or trust company that accepts such deposits shall execute and file
in the office of the department of audit and control an undertaking to
the state, in the sum, and with such sureties, as are required and
approved by the comptroller for the safe keeping and prompt payment on
legal demand therefor of all such moneys held by or on deposit in such
bank, banking house, or trust company, with interest thereon on daily
balances at such rate as the comptroller may fix. Every such undertaking
shall have endorsed thereon or annexed thereto the approval of the
attorney general as to its form.
The commissioner shall deposit daily the percentages listed below of
all fees collected or received by the commissioner after March
thirty-first, two thousand one pursuant to certain registration fees
imposed by (a) paragraph a of subdivision six, (b) all schedules of
subdivision seven, and (c) paragraph a of subdivision eight of this
section in a responsible bank, banking house or trust company, which
shall pay the highest rate of interest to the state for such deposit to
the credit of the comptroller on account of the dedicated highway and
bridge trust fund established pursuant to section eighty-nine-b of the
state finance law and the dedicated mass transportation trust fund
established pursuant to section eighty-nine-c of the state finance law
and to distribute such deposit pursuant to the provisions of subdivision
(d) of section three hundred one-j of the tax law. In addition to the
percentages specified in the opening paragraph of this section, the
commissioner shall so deposit twenty-three and five-tenths percent of
all such registration fees so collected or so received after March
thirty-first, two thousand one and fifty-four and five-tenths percent of
all such registration fees so collected or so received after March
thirty-first, two thousand two. Every bank, banking house or trust
company that accepts such deposits shall execute and file in the office
of the department of audit and control an undertaking to the state, in
the sum, and with such sureties, as are required and approved by the
comptroller for the safe keeping and prompt payment on legal demand
therefor of all such moneys held by or in deposit in such bank, banking
house or trust company, with interest thereon on daily balances at such
rate as the comptroller may fix. Every such undertaking shall have
endorsed thereon or annexed thereto the approval of the attorney general
as to its form.
Of the revenues so deposited, the comptroller shall retain in his
hands such amount as the commissioner may determine to be necessary for
refunds or reimbursements of the fees collected or received pursuant to
(a) paragraph a of subdivision six, (b) all schedules of subdivision
seven and (c) paragraph a of subdivision eight of this section to which
registrants shall be entitled under the provisions of this article, out
of which amount the commissioner shall pay any refunds or reimbursements
of the fees collected or received pursuant to (a) paragraph a of
subdivision six, (b) all schedules of subdivision seven and (c)
paragraph a of subdivision eight of this section to which registrants
shall be entitled under such provisions. The comptroller, after
reserving the amount to pay such refunds or reimbursements, shall, on or
before the last day of each month, deposit the balance of the revenue so
deposited during such month into the dedicated highway and bridge trust
fund established pursuant to section eighty-nine-b of the state finance
law and the dedicated mass transportation trust fund established
pursuant to section eighty-nine-c of the state finance law.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in
paragraph a of subdivision six of this section in effect on and after
September first, two thousand nine and the registration fees set forth
in such paragraph in effect prior to such date shall be deposited to the
credit of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
A of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
B of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
C of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
E of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
F of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
G of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in schedule
I of subdivision seven of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
schedule in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
difference collected between the registration fees set forth in
subdivision eight of this section in effect on and after September
first, two thousand nine and the registration fees set forth in such
subdivision in effect prior to such date shall be deposited to the
credit of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
registration fees collected pursuant to subdivisions two, six and eight
of section four hundred twenty of this title shall be deposited pursuant
to the provisions of this subdivision; provided, however, the difference
collected between the registration fees set forth in such subdivisions
two, six and eight in effect on and after September first, two thousand
nine and the registration fees set forth in such subdivisions in effect
prior to such date shall be deposited to the credit of the dedicated
highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, the
registration fees collected pursuant to paragraph (b) of subdivision
three of section twenty-two hundred sixty-one of this chapter shall be
deposited pursuant to the provisions of this subdivision; provided,
however, the difference collected between the registration fees set
forth in paragraph (b) of subdivision three of section twenty-two
hundred sixty-one of this chapter in effect on and after September
first, two thousand nine and the registration fees set forth in such
paragraph in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.
Notwithstanding any inconsistent provision of this section, eleven
dollars and fifty cents of the registration fees collected pursuant to
paragraph (a) of subdivision five of section four hundred ten of this
title shall be deposited pursuant to this subdivision. Three dollars and
fifty cents of such fees collected in relation to applications for new
registrations and renewals of existing registrations expiring on and
after September first, two thousand nine shall be deposited to the
credit of the dedicated highway and bridge trust fund. Two dollars and
fifty cents of such registration fees shall be deposited into the
motorcycle safety fund established pursuant to section ninety-two-g of
the state finance law.
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REGISTRATION OF MOTOR VEHICLES