N.Y. VAT. LAW § 404-a : NY Code - Section 404-A: Registration of motor vehicles of severely disabled persons

Search N.Y. VAT. LAW § 404-a : NY Code - Section 404-A: Registration of motor vehicles of severely disabled persons

1.  Legislative intent. It is the sense of the legislature to facilitate
  the usual and special uses of  the  highways  and  other  motor  vehicle
  facilities  accorded  to  severely disabled residents of this state. The
  commissioner is hereby empowered to issue to such  persons,  upon  their
  application,  special  motor  vehicle  registrations, one set of vehicle
  identification plates for motor vehicles owned by  such  persons  to  be
  used for the transportation of such severely disabled person and one set
  of  vehicle  identification  plates for each motor vehicle owned by such
  persons and used by a severely disabled member of the owner's family.
    2. Registration of vehicles owned by severely  disabled  persons.  The
  commissioner  shall  assign to such motor vehicles, including any van or
  pick-up truck used for transporting persons with disabilities  which  is
  not  used  for commercial purposes, owned by such persons, a distinctive
  number and issue and deliver in such  manner  as  the  commissioner  may
  select to the owner a certification of registration, in such form as the
  commissioner  shall  prescribe  and  two  number plates, called disabled
  person  plates.  Said  disabled  person  plates  shall  conform  to  the
  requirements of section four hundred one of this chapter, but shall bear
  distinctive marks to distinguish them from number plates to be issued to
  other  persons,  qualifying under this chapter. The commissioner, in his
  discretion, may issue, for any registration year, only one  plate  as  a
  set  for a motor vehicle, in which event a set of disabled person plates
  for a motor vehicle  shall  consist  of  one  plate.  Where  a  severely
  disabled  person owns more than one vehicle and such vehicle or vehicles
  is or are used by severely disabled members of the  owner's  family  who
  reside  with  the  owner, the commissioner shall issue one set of plates
  for each additional vehicle  used  by  such  severely  disabled  person,
  provided  that  such user qualifies as a severely disabled person in the
  manner required by this section.
    3. Registration of vehicles owned by severely disabled  veterans.  The
  commissioner  shall assign to such motor vehicles, including any vans or
  pick-up trucks used for transporting handicapped veterans which are  not
  used  for  commercial purposes and which are owned by such veterans or a
  not-for-profit corporation serving such veterans, a  distinctive  number
  and  issue  and deliver in such manner as the commissioner may prescribe
  to the owner a certification  of  registration,  in  such  form  as  the
  commissioner  shall  prescribe  and  two  number plates, called disabled
  veteran plates. Said severely disabled veteran plates shall  conform  to
  the  requirements of section four hundred one of this chapter, but shall
  bear distinctive marks to distinguish them  from  number  plates  to  be
  issued to other persons, qualifying under this chapter. The commissioner
  in  his discretion, may issue, for any registration year, only one plate
  as a set for a motor vehicle, in which event a set of severely  disabled
  veteran  plates  for a motor vehicle shall consist of one plate. Where a
  severely disabled veteran owns more than one vehicle and such vehicle or
  vehicles is or are used by severely  disabled  members  of  the  owner's
  family  who  reside with the owner, the commissioner shall issue one set
  of plates for each additional vehicle used  by  such  severely  disabled
  veteran,  provided  that  such  user  qualifies  as  a severely disabled
  veteran in the manner required by this section.  For  purposes  of  this
  subdivision,  the term "severely disabled veteran" shall mean any member
  of the armed forces of the United States who served in time of  war,  as
  defined  in  section  eighty-five  of  the  civil service law, and whose
  disability qualifies him  as  a  severely  disabled  person  within  the
  meaning of such term as defined in subdivision four of this section.
    4.  Issue  of  plates.  The commissioner shall issue sets of plates to
  such person in accordance with subdivision  two  of  this  section  with

  proof  of  such  disability of such person or such members of his family
  certified by a physician, physician assistant or nurse practitioner,  to
  the   extent  authorized  by  law,  including  the  education  law,  and
  consistent with any applicable written practice agreement, or podiatrist
  pursuant  to  subdivision four-a of this section, to the satisfaction of
  the commissioner who is empowered to  carry  out  the  effects  of  this
  section by formulating rules and regulations.
    For  the  purposes of this section, a "severely disabled person" shall
  mean any person having any one or more  of  the  following  impairments,
  disabilities or conditions which are permanent in nature:
    (a) Has limited or no use of one or both lower limbs;
    (b) Has a neuro-muscular dysfunction which severely limits mobility;
    (c)  Has  a  physical or mental impairment or condition which is other
  than those specified above, but is of such nature as to  impose  unusual
  hardship  in  utilization  of  public transportation facilities and such
  condition is certified by a  physician,  physician  assistant  or  nurse
  practitioner,  to  the extent authorized by law, including the education
  law, and consistent with any applicable written practice agreement, duly
  licensed to practice medicine in this state, or, pursuant to subdivision
  four-a of this section, a podiatrist duly licensed to practice  podiatry
  in this state, as constituting an equal degree of disability (specifying
  the  particular  condition)  so  as  to prevent such person from getting
  around without great difficulty in accordance with  subdivision  two  of
  this section; or
    (d) A blind person.
    4-a.  Certification  of  disability by a podiatrist. A podiatrist duly
  licensed to practice podiatry in  this  state  may  certify  only  those
  conditions  which  he  or  she  treats  in the course of the practice of
  podiatry, as defined by section seventy hundred  one  of  the  education
  law.
    5.  Application for registration. (a) The application for registration
  under this section  shall  be  filed  with  the  commissioner  of  motor
  vehicles  in  such  form and detail as the commissioner shall prescribe,
  setting forth  such  information  as  the  commissioner  may  reasonably
  prescribe  beyond  such  information required under section four hundred
  one of this chapter.
    (b) The commissioner may require the  applicant  for  registration  to
  furnish such proof of his disability or such proof of disability of such
  members  of  his  family  from a physician, physician assistant or nurse
  practitioner, to the extent authorized by law, including  the  education
  law,  and  consistent with any applicable written practice agreement, or
  podiatrist pursuant to  subdivision  four-a  of  this  section,  as  the
  commissioner  deems necessary either for initial registration or renewal
  thereof; provided, however, that a handicapped or disabled permit issued
  by a municipality to such applicant pursuant to section  twelve  hundred
  three-a  of  this chapter shall be deemed sufficient proof of disability
  for purposes of this paragraph.
    (c) Application under this section  shall  only  apply  to  a  vehicle
  subject  to  registration  pursuant  to  subdivision six of section four
  hundred one of this chapter and to a van or pick-up truck as provided in
  subdivision two of this section.
    6. Fee requirements. As provided in section four hundred one  of  this
  chapter,   the   registration   and  disabled  person  plates  shall  be
  accompanied only by the required fee otherwise required to be  paid  for
  vehicle registration.
    7.  Refueling  notice.  Upon the issuance or renewal of a registration
  pursuant to this section, the commissioner shall notify  the  registrant
  of  the  availability  of  full  service motor vehicle refueling at self

  service prices as provided for in section three hundred ninety-six-bb of
  the general business law.