§ 2102 — Exclusions

§ 2102. Exclusions. (a) The following are excluded from the provisions\nof this title:\n (1) A vehicle owned by the United States unless it is registered in\nthis state;\n (2) A vehicle owned by a manufacturer or dealer and held for sale,\neven though incidentally moved on the highway or used for purposes of\ntesting or demonstration; or a vehicle used by a manufacturer solely for\ntesting other than: (i) a vehicle registered by a dealer or\nmanufacturer, or (ii) a vehicle for which a physical examination is\nrequired under section four hundred thirty of this chapter before a\ncertificate of title may be issued, or (iii) a vehicle held for sale by\na dealer which was purchased by the dealer as a result of sale upon\nrepossession or a sale by a sheriff or marshall to satisfy a judgment,\nor (iv) a vehicle held for sale by a dealer for which a certificate of\ntitle containing an error attributable to processing by the department\nhas been issued, or (v) a vehicle held for sale by a dealer for which\nordinarily acceptable proof of ownership cannot be obtained by the\ndealer with reasonable diligence but for which a certificate of title\nwould ordinarily be issued upon the filing of a bond with the\ncommissioner as prescribed in subdivision (d) of section twenty-one\nhundred five of this article, or (vi) a vehicle for which a manufacturer\nor dealer has submitted a notice of repurchase as required by\nsubdivision two of section four hundred seventeen-a of this chapter and\nregulations of the commissioner, or (vii) a vehicle held for sale by a\ndealer which was purchased by a dealer as the result of a sale by a\npolice department, or (viii) a vehicle held for sale by a dealer which\nwas purchased by a dealer as the result of a sale by the United States\ngovernment;\n (3) A vehicle owned by a non-resident of this state and not required\nby law to be registered in this state provided, however, that a\ncertificate of title may be issued to such a non-resident for a vehicle\npurchased by or transferred to such non-resident as a result of a sale\nafter repossession, or a sale by a sheriff or marshall to satisfy a\njudgement, or a sale to foreclose a garageman's lien, provided such sale\nwas held in this state, or a result of the settlement of an estate of a\ndeceased if such settlement is pursuant to the estates, powers and\ntrusts law of this state or a sale by a police department, provided such\nsale was held in this state;\n (4) A vehicle regularly engaged in the interstate transportation of\npersons or property for which a currently effective certificate of title\nhas been issued in another state;\n (5) A vehicle moved solely by animal power;\n (6) An implement of husbandry;\n (7) Special mobile equipment;\n (8) A self-propelled wheel chair or an adapted tricycle operated or\ndriven by a person with a disability;\n (9) A pole trailer or a trailer with an unladen weight of less than\none thousand pounds;\n (10) A vehicle manufactured prior to July first, nineteen hundred\nseventy-two and designated by the manufacturer as being a nineteen\nhundred seventy-two or earlier model year vehicle, and any vehicle\nmanufactured or assembled prior to January first, nineteen hundred\nseventy-three for which the manufacturer or assembler has not designated\na model year;\n (11) Snowmobiles, off-highway motorcycles and limited use motorcycles;\n (12) A motor vehicle set off to a surviving spouse or surviving minor\nchild pursuant to section 5-3.1 of the estates, powers and trusts law\nuntil an application for registration is made by such survivor or until\nafter the survivor transfers the vehicle, in which case the transferee\nmust apply for a certificate of title;\n (13) A vessel not required to be registered in this state and which is\nnot registered in this state;\n (14) A vessel designated by the manufacturer as being a nineteen\nhundred eighty-six or earlier model year vessel and any vessel\nmanufactured or assembled prior to August first, nineteen hundred\neighty-six for which the manufacturer or assembler has not designated a\nmodel year;\n (15) Any vessel having a valid marine document issued by the United\nStates or a foreign government;\n (16) Any vessel under fourteen feet in length;\n (17) A vehicle owned or leased by the state of New York and regularly\nutilized or intended to be utilized for undisclosed or undercover law\nenforcement purposes;\n (18) A vehicle owned by a non-resident of this state for which a\ncurrently effective certificate of title has been issued in another\nstate and which is leased to a resident of, and registered in, this\nstate.\n (19) A mobile home or a manufactured home, manufactured prior to July\nfirst, nineteen hundred ninety-four and designated by the manufacturer\nas being a nineteen hundred ninety-four or earlier model year mobile\nhome or manufactured home, and any mobile home or manufactured home\nmanufactured or assembled prior to January first, nineteen hundred\nninety-four for which the manufacturer has not designated a model year.\n (c) A person engaged in the business of selling vehicles who does not\nplace such vehicles in his own consumer use and who is not required to\nbe registered as a dealer under section four hundred fifteen of this\nchapter, shall not be deemed a dealer with respect to such vehicles and\nshall not be required to apply for or receive a certificate of title for\nany such vehicles. A local authority, which acquires title to a vehicle\nor vehicles under the provisions of section twelve hundred twenty-four\nof this chapter, and which does not place such vehicle or vehicles in\nits own consumer use shall not be required to apply for or receive a\ncertificate of title for any such vehicle or vehicles.\n (d) No certificate of title shall be issued to a vehicle excluded from\nthe provisions of this article.\n (e) The commissioner may, by regulation, exclude from the provisions\nof this title vehicles designated by the manufacturer as being of a\nmodel year more than nine years prior to the current calendar year. The\ncommissioner may provide that such exclusion shall apply to all such\nvehicles or to any categories or classes of such vehicles.\n