§ 2282 — Registration and permit

§ 2282. Registration and permit. 1. Except as hereinafter provided, no\nperson shall operate any ATV within the state unless such ATV has been\nregistered and numbered in accordance with the provisions of this\narticle, and the registration number for such ATV is in full force and\neffect and displayed as provided under this article and regulations\npromulgated thereunder.\n 2. The commissioner is authorized to register an ATV, issue a\nregistration certificate and assign a registration number to such ATV.\nAll such registrations shall be valid for a period prescribed by the\ncommissioner unless, prior to expiration of the period prescribed by the\ncommissioner, it is surrendered, cancelled, revoked or suspended\npursuant to the provisions of this article.\n 3. Unless otherwise prescribed by regulation of the commissioner, a\nnumber once assigned under this section shall remain with the registered\nATV until the ATV is destroyed, abandoned or permanently removed from\nthe state, or until changed or terminated by the commissioner.\n 4. Fees. Fees for registration of ATVs to be collected by the\ncommissioner under this article are as follows.\n (a) An annual fee of twelve dollars and fifty cents for each\nindividual resident registration.\n (b) An annual fee of twelve dollars and fifty cents for each\nindividual nonresident registration.\n (c) An annual fee of twenty-five dollars for each dealer registration.\n (d) An annual fee of five dollars for each additional dealer\ndemonstrator registration number.\n (e) A fee of three dollars for replacement of a lost, mutilated or\ndestroyed certificate.\n (f) Provided, however, that the provisions of paragraphs (c) and (d)\nof this subdivision with respect to the payment of dealer registration\nfees shall not apply to dealers registered pursuant to section four\nhundred fifteen of this chapter.\n (g) Annual fees shall not be prorated and such fees shall be\napplicable to a year or any portion of a year.\nNotwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in paragraphs (a) and\n(b) of this subdivision in effect on and after September first, two\nthousand nine and the fees set forth in such paragraphs in effect prior\nto such date shall be deposited to the credit of the dedicated highway\nand bridge trust fund.\n 5. Application. The owner of each ATV requiring registration under\nthis section shall present an application for registration to the\ncommissioner, on a blank to be prepared and furnished by the\ncommissioner for that purpose. Such application shall contain or be\naccompanied by such evidence of the ownership of the ATV described in\nthe application as may be required by the commissioner.\n 6. Dealers. (a) Any person who is a dealer, and who is not registered\nas a dealer pursuant to section four hundred fifteen of this chapter,\nshall register as an ATV dealer and operate in accordance with the rules\nand regulations of the commissioner for ATV dealers. The commissioner,\nupon receipt of an application and the required fee, shall assign a\ndistinctive dealer registration number to the registrant and issue an\nappropriate registration certificate to him and assign two dealer\ndemonstrator registration numbers and upon the payment of the\nappropriate fee, such additional numbers as shall be requested. Dealer\nregistrations and dealer demonstrator registration numbers shall not be\ntransferable. Provided, however, the commissioner may limit the number\nof dealer demonstration registration numbers issued to a dealer.\n (b) No dealer shall sell or offer for retail sale any ATV, other than\nan ATV identified and sold for use only in off-highway competitions,\nwhich is not equipped with all equipment necessary for the registration\nof an ATV.\n 6-a. Registration at time of sale. Every all terrain vehicle defined\nby section twenty-two hundred eighty-one of this article sold by a\ndealer shall be registered at the time of sale of such vehicle. Such\nregistration shall be valid until the thirty-first day of August\nfollowing the date of such sale; provided, however, that any all terrain\nvehicle sold after April first of each year shall be issued a\nregistration valid until the thirty-first day of August in the year\nfollowing that in which the all terrain vehicle is sold. Any all terrain\nvehicle purchased for use exclusively outside of the state of New York\nshall not require registration at the time of purchase, and the\npurchaser of such all terrain vehicle shall sign a declaration, provided\nby the dealer, which shall state that such purchaser understands the\nconditions under which an all terrain vehicle must be registered and the\npenalty for violation of such registration provisions. Each signed\ndeclaration shall be forwarded by the dealer to the commissioner. The\nform of such declaration shall be provided by the commissioner to each\ndealer.\n 7. Renewal. Every owner of an ATV and dealer shall renew his\nregistration in such manner as the commissioner shall prescribe, on\npayment of the same registration fees as provided in subdivision four of\nthis section.\n 8. Indicia of registration. At the time of the original registration\nand at the time of each renewal thereof, the commissioner shall also\nissue validating forms in a manner he has prescribed indicating the\nvalidity of the current registration and the expiration date thereof,\nwhich indicia of registration shall be affixed to the vehicle in such\nmanner as the commissioner may prescribe.\n No ATV shall be considered as validly registered within the meaning of\nthis section unless a current registration certificate, registration\nnumber and current indicia of registration have been issued.\n 9. Equipment required. No ATV shall be registered, nor shall such a\nregistration be renewed, unless the ATV is equipped with brakes,\nmuffler, spark arrester and tires as prescribed in subdivision one of\nsection twenty-four hundred six of this chapter.\n 10. ATVs owned by governmental agencies. A registration number shall\nbe assigned, without payment of a fee, for ATVs owned by governmental\nagencies, or by volunteer organizations if used exclusively for\nemergency purposes, provided that each such ATV shall display the proper\nregistration number assigned to it.\n 11. Exemption. No registrations shall be required for the following\ndescribed ATVs:\n (a) ATVs owned and used by the United States, another state, or a\npolitical subdivision thereof, but such ATV shall display the name of\nthe owner on the vehicle thereof.\n (b) ATVs covered by a valid registration or license of another state,\nprovince or country, as provided in subdivision twelve of this section.\n 12. Out of state ATV registration. The registration provisions of this\narticle shall not apply to non-resident owners who have registered their\nATVs in compliance with the registration and licensing laws of the\nstate, province, district or country of residence, provided that the ATV\nis appropriately identified in accordance with the laws of the state of\nresidence. The provisions of this subdivision shall not apply to a\nresident of another state, province, district or country which does not\nhave an ATV registration and identification law. Nothing in this\nsubdivision shall be construed to authorize the operation of any ATV\ncontrary to the provisions of this article.\n