§ 250 — Exemption of non-resident owners and operators

New York § 250

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 2: Department of Motor Vehicles; Commissioner
• Art. 3: Exemption of Non-resident Owners and Operators

Text

§ 250. Exemption of non-resident owners and operators. 1. Except as\notherwise provided in subdivision three of this section, the provisions\nof this chapter relative to the registration and equipment of motor\nvehicles, motorcycles and trailers and the display of registration\nnumbers shall not apply to a motor vehicle, motorcycle or trailer owned\nby a non-resident of this state, provided that the owner thereof shall\nhave complied with the provisions of the law of the foreign country,\nstate, territory or federal district of his residence relative to\nregistration and equipment of such motor vehicle, motorcycle or trailer,\nas the case may be, and the display of registration numbers thereon, and\nshall conspicuously display his registration numbers as required\nthereby. However, except for a vehicle owned by a person who has\nobtained a waiver pursuant to the provisions of paragraph b of\nsubdivision three of this section, with respect to such vehicle, the\nprovisions of this subdivision shall be operative as to a motor vehicle,\nmotorcycle or trailer owned by a non-resident of this state only to the\nextent that under the laws of the foreign country, state, territory or\nfederal district of his residence like exemptions and privileges are\ngranted to motor vehicles, motorcycles and trailers duly registered\nunder the laws of and owned by residents of this state.\n A person, firm, association or corporation having a place of business\nin a foreign country, state, territory or federal district and owning a\nmotor vehicle, motorcycle or trailer used in connection with and garaged\nat such place of business which such owner is compelled to register in\nsuch foreign jurisdiction shall be deemed a resident of such foreign\njurisdiction and a non-resident of this state within the meaning of this\nsubdivision for the purpose of enjoying the privileges of this\nsubdivision with respect to such vehicle.\n In case a non-resident becomes a resident of this state, he shall be\nentitled for a period not exceeding thirty days from the date he becomes\na resident to the same exemption from registering his vehicles in this\nstate as he would have enjoyed had he remained a non-resident.\n 2. A person of the age of sixteen years and upwards who shall be a\nnonresident of this state, and a resident of a state, territory, federal\ndistrict or foreign country having laws, with which such person has\ncomplied, which require such person, in order to operate a motor vehicle\nor motorcycle therein, to be licensed, may operate or drive a motor\nvehicle or motorcycle on the public highways of this state without being\nso licensed under this chapter, provided, however, that the recognition\ngranted under this subdivision shall, with respect to a person under the\nage of eighteen years, only permit the operation of a motor vehicle or\nmotorcycle in this state in accordance with the same restrictions\nimposed upon New York residents operating or driving motor vehicles or\nmotorcycles with class DJ or MJ licenses under subdivision three of\nsection five hundred one of this chapter. A nonresident entitled to\noperate a motor vehicle or motorcycle as herein provided who shall\nbecome a resident of this state may operate or drive a motor vehicle or\nmotorcycle on the public highways of this state for a period not\nexceeding thirty days from the date he becomes a resident pending the\nobtaining of a license to operate such motor vehicle or motorcycle in\nthis state. The exemption granted in this subdivision shall not apply to\npersons whose privilege of operating a motor vehicle in this state, or\nwhose former license to drive in this state, has been suspended or\nrevoked, until such suspension or revocation has been terminated or\nprivilege of operating a motor vehicle restored.\n 3. (a) The exemptions provided in subdivisions one and four of this\nsection shall not apply to a motor vehicle, motorcycle or trailer, other\nthan a semitrailer drawn by a tractor registered in this state which is\noperated on any public highway of this state to transport persons or\nproperty for hire or profit from one point in this state to another\npoint in this state or which is operated in doing any work performed\nunder a contract for a public improvement to which the state, a\nmunicipal corporation, a school district or a commission appointed\npursuant to law is a party, except to transport machinery, tools or\nother plant equipment to be used in the performance of such a contract;\nprovided, however, that the mere makeup or breakup of a tandem trailer\ncombination on the New York state thruway shall not, with respect to the\ntractor hauling such tandem trailer combination, constitute, in and of\nitself, a point in this state for the purpose of determining whether\nthere has been a transportation of property for hire or profit from one\npoint in this state to another point in this state; provided, further,\nhowever, that the transportation by any tractor not registered in the\nstate of New York of a trailer carrying property for profit, placed\nthereon within this state and consigned for delivery herein, shall be\nprohibited.\n (b) The commissioner may, in his discretion, waive the provisions of\nthis subdivision with respect to any motor vehicle, motorcycle, trailer\nor semitrailer, duly registered in another state, territory, federal\ndistrict or foreign country, provided that the owner thereof has\nregistered annually in this state a number of vehicles equal to or in\nexcess of the average number of vehicles said owner will have available\nannually in this state for hire or operation therein. The commissioner\nis hereby authorized and empowered to adopt and amend rules and\nregulations to effectuate the provisions of this paragraph. Such\nregulations may include a requirement that the owner file annually and\nat such time and in such manner as shall be prescribed by the\ncommissioner, a sworn statement including, but not limited to the\nfollowing information: (1) the owner's total number of motor vehicles,\nmotorcycles, trailers and/or semitrailers registered in Canada and the\nUnited States; (2) the owner's total annual registration of such\nvehicles in this state; and (3) the total number of such vehicles which\nare rented, leased or used in this state for the preceding twelve month\nperiod or in the absence of any past experience, the total anticipated\nnumber of such vehicles that will be rented, leased or used in this\nstate. Nothing herein contained shall be construed as requiring the\ngranting of the waiver authorized by this paragraph.\n (c) The provisions of paragraph (a) of this subdivision, insofar as\nthey require display of number plates issued by the commissioner, shall\nnot apply to any motor vehicle, other than a bus, which is duly\nregistered in another state and displays registration and number plates\nas required by that state, which registration and number plates permit\nthe transportation of persons for-hire within that state, provided the\nregistrant has been issued a registration for such motor vehicle by the\ncommissioner, has paid the appropriate annual fee as provided in\nschedule C of subdivision seven of section four hundred one of this\nchapter and displays proof of such registration on such vehicle in\naccordance with regulations promulgated by the commissioner.\nNotwithstanding any other provision of this chapter, the commissioner\nneed not issue number plates to the registrant when issuing a\nregistration intended to secure the authorization for operation within\nthis state as provided by this paragraph.\n 4. a. The provisions of this chapter relative to the registration of\nmotor vehicles, motorcycles and trailers and the display of registration\nnumbers shall not apply to a motor vehicle, motorcycle or trailer owned\nby a non-resident of the state who is a seasonal farm laborer, for a\nperiod extending from the first day of April to and including the\nthirtieth day of November in each year, provided that the owner thereof\nshall have complied with the provisions of the law of the foreign\ncountry, state, territory or federal district of his residence relative\nto registration of such motor vehicle, motorcycle or trailer, as the\ncase may be, and the display of registration numbers thereof, and\nprovided further that the owner thereof shall furnish proof to the\ncommissioner that such owner has in effect with respect to such motor\nvehicle an automobile liability policy issued by an insurance company\nauthorized to do business in this state or by an unauthorized insurer\nauthorized to transact business in the jurisdiction of his residence in\nat least the amount of twenty-five thousand dollars because of bodily\ninjury to or fifty thousand dollars because of death of one person in\nany one accident and, subject to said limit for one person, in at least\nthe amount of fifty thousand dollars because of bodily injury to or one\nhundred thousand dollars because of death of two or more persons in any\naccident, and in at least the amount of ten thousand dollars because of\ninjury to or destruction of property of others in any one accident.\n b. Upon filing of such proof of financial security, the commissioner\nshall issue to the owner of said motor vehicle, motorcycle or trailer,\nupon payment of a fee of two dollars, a certificate, which certificate\nshall be affixed to a prominent place on the interior of said motor\nvehicle, motorcycle or trailer, and shall bear the following\ninformation: (1) name and address of the owner of said motor vehicle,\nmotorcycle or trailer, (2) make and year of said motor vehicle,\nmotorcycle or trailer, (3) state of registration and registration number\nthereof, (4) date of expiration of the exemption period provided in this\nsubdivision and (5) such other information as the commissioner may\ndirect.\n c. The exemption provided in this subdivision shall in no way affect\nthe non-resident status of the owner of said motor vehicle, motorcycle\nor trailer and he shall be subject to the provisions of all other laws,\nrules, codes and regulations with respect to the ownership and/or\noperation by a non-resident of a motor vehicle, motorcycle or trailer in\nthis state. However, all said motor vehicles, motorcycles and trailers\nshall be subject to the provisions of article five of this chapter in\nthe same manner as if they are registered in this state.\n d. A non-resident of the state who is a seasonal farm laborer shall be\nentitled to a period not exceeding thirty days from the date of his\nentrance into the state within which to file proof of financial security\nand pay the fee required and secure the certificate authorized in\nparagraph b of subdivision four of this section, provided, however, that\nthe limitations contained in subdivision three of this section shall be\napplicable until such time as the certificate authorized in paragraph b\nof this subdivision is obtained.\n 5. As used in this section, the term "resident" shall mean\ndomiciliary, that is, one who lives in this state with the intention of\nmaking it a fixed and permanent abode. It shall be presumptive evidence\nthat a person who maintains a place of abode in this state for a period\nof at least ninety days is a resident of this state.\n