§ 401 — Registration of motor vehicles; fees; renewals

New York § 401

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 4: Registration of Vehicles
• Art. 14: Registration of Motor Vehicles

Text

§ 401. Registration of motor vehicles; fees; renewals. 1. Registration\nby owners. a. No motor vehicle shall be operated or driven upon the\npublic highways of this state without first being registered in\naccordance with the provisions of this article, except as otherwise\nexpressly provided in this chapter.\n b. Every owner of a motor vehicle which shall be operated or driven\nupon the public highways of this state shall, except as otherwise\nexpressly provided, cause to be presented, by mail or otherwise, to the\noffice or a branch office of the commissioner, or to any agent of the\ncommissioner, constituted as provided in this chapter, an application\nfor registration addressed to the commissioner, and on a blank to be\nprepared under the direction of and furnished by the commissioner for\nthat purpose, containing: (a) a brief description of the motor vehicle\nto be registered, including the name and factory number of such vehicle,\nand such other facts as the commissioner shall require; (b) the weight\nof the vehicle upon which the registration fee is based if the fee is\nbased on weight; (c) the name and residence, including county of the\nowner of such motor vehicle; (d) provided that, if such motor vehicle is\nused or to be used as an omnibus, the applicant also shall so certify,\nand in the case of an omnibus also certify as to the seating capacity,\nand if the omnibus is to be operated wholly within a municipality\npursuant to a franchise other than a franchise express or implied in\narticles of incorporation upon certain streets designated in such\nfranchise, those facts shall also be certified, and a certified copy of\nsuch franchise furnished to the commissioner; (e) provided, that, if\nsuch motor vehicle is an altered livery, the applicant shall so furnish\na certified copy of the length of the center panel of such vehicle,\nprovided, however, that the commissioner shall require such proof, as he\nmay determine is necessary, in the application for registration and\nprovided further, if the center panel of such vehicle exceeds one\nhundred inches, the commissioner shall require proof that such vehicle\nis in compliance with all applicable federal and state motor vehicle\nsafety standards; and (f) such additional facts or evidence as the\ncommissioner may require in connection with the application for\nregistration. Every owner of a trailer shall also make application for\nthe registration thereof in the manner herein provided for an\napplication to register a motor vehicle, but shall contain a statement\nshowing the manufacturer's number or other identification satisfactory\nto the commissioner and no number plate for a trailer issued under the\nprovisions of subdivision three of section four hundred two of this\nchapter shall be transferred to or used upon any other trailer than the\none for which number plate is issued. The commissioner shall require\nproof, in the application for registration, or otherwise, as such\ncommissioner may determine, that the motor vehicle for which\nregistration is applied for is equipped with lights conforming in all\nrespects to the requirements of this chapter, and no motor vehicle shall\nbe registered unless it shall appear by such proofs that such motor\nvehicle is equipped with proper lights as aforesaid. The said\napplication shall contain or be accompanied by such evidence of the\nownership of the motor vehicle described in the application as may be\nrequired by the commissioner or his agent and which, with respect to new\nvehicles, shall include, unless otherwise specifically provided by the\ncommissioner, the manufacturer's statement of origin. Applications\nreceived by an agent of the commissioner shall be forwarded to the\ncommissioner as he shall direct for filing. No application for\nregistration shall be accepted unless the applicant is at least sixteen\nyears of age.\n 2. Registration record. Upon the receipt of a sufficient application\nfor registration of a motor vehicle or trailer, as provided in this\narticle, the commissioner, or the agent receiving it, shall register\nsuch motor vehicle or trailer and maintain a record of the registration\nof such vehicle under the distinctive number assigned to such motor\nvehicle or trailer as provided in this section, and the information in\nsuch record may be obtained upon payment of the fees specified in\nsection two hundred two of this chapter.\n 3. Certificates of registration. a. Upon filing of such application\nand the payment of the fee hereinafter provided, the commissioner shall\nassign to such motor vehicle a distinctive number and, without expense\nto the applicant, issue and deliver in such manner as the commissioner\nmay select to the owner a certificate of registration, in such form as\nthe commissioner shall prescribe, and two number plates at a place\nwithin the state of New York named by the applicant in his or her\napplication. A number plate, within the meaning of this chapter, may, in\nthe discretion of the commissioner, be a plate of a permanent nature,\ntreated with reflectorized material according to specifications\nprescribed by the commissioner, and with a date tag attached to such\nplate or to the vehicle as prescribed by regulations of the commissioner\nindicating the validity of the plate during a certain period and the\nissuance of such a number plate with such date tag to a person\npossessing such a number plate shall be deemed the issuance of a number\nplate. An additional fee, not to exceed twenty-five dollars, shall be\npaid to the commissioner whenever a set of reflectorized number plates\nis issued for any vehicle for which a registration fee is normally\ncharged except that, with respect to any number plate which is\nspecifically requested by the applicant, such fee shall be paid to the\ncommissioner upon approval of such request. In the event of the loss,\nmutilation or destruction of any certificate of registration, any number\nplate or set of number plates whether with or without a date tag or\ntags, or any date tag or set of date tags provided for in this article,\nthe owner of a registered motor vehicle may file such statement and\nproof of the facts as the commissioner shall require, with a fee of\nthree dollars, in the office of the commissioner, or, unless and until\nthe commissioner shall otherwise direct, in the office of the agent who\nissued the certificate, plate, plates, tag or tags and the commissioner\nor his or her agent, as the case may be, shall issue a duplicate or\nsubstitute. It shall be the duty of every owner holding a certificate of\nregistration to notify the commissioner in writing of any change of\nresidence of such person within ten days after such change occurs, and\nto inscribe on such certificate, in the place provided by the\ncommissioner, a record of such change of residence.\n b. During a registration period the commissioner may, upon application\nby the owner of a registered motor vehicle and upon payment of a fee of\nthree dollars and seventy-five cents, change the distinctive number\nassigned to such motor vehicle and issue a new set of number plates\nprovided the original registration and number plates are surrendered.\nNotwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this subdivision in\neffect on and after September first, two thousand nine and the fees set\nforth in this subdivision in effect prior to such date shall be\ndeposited to the credit of the dedicated highway and bridge trust fund.\n c. The commissioner may waive the payment of fees required by\nparagraph a of this subdivision if the applicant is a victim of crime\nand the certificate of registration or number plates applied for are a\nreplacement for those that were lost or destroyed as a result of the\ncrime.\n d. In processing any application for a certificate of registration\npursuant to this article or to title eleven of this chapter, the\ncommissioner shall provide the applicant with informational materials\ndescribing the lead-acid battery management, return and collection\nrequirements set forth in title seventeen of article twenty-seven of the\nenvironmental conservation law, and the used oil management, recycling\nand disposal requirements set forth in title twenty-three of article\ntwenty-three of the environmental conservation law. Such informational\nmaterials shall be distributed at the first opportunity and periodically\nthereafter.\n 4. Carrying certificate of registration. Any magistrate, motor vehicle\ninspector, peace officer, acting pursuant to his special duties, or\npolice officer may request that the operator of any motor vehicle\nproduce for inspection the certificate of registration for such vehicle\nand such operator shall furnish to such magistrate, inspector, peace\nofficer or police officer any information necessary for the\nidentification of such vehicle and its owner, and all information\nrequired concerning his license to operate, if he is required by law to\nhave such a license, and shall, if required, sign his name in the\npresence of such magistrate, inspector, peace officer or police officer\nas a further means of identification. The production of a license to a\nmagistrate, inspector, peace officer or police officer shall be prima\nfacie evidence in a prosecution for a violation of any provision of this\nchapter, other than section three hundred ninety-two of this chapter,\nthat the person who so produced the license is the person identified on\nsuch license. Provided, however, that a photostatic copy of the\ncertificate of registration may be produced in lieu of the original\ncertificate. If a vehicle does not have affixed a validating sticker\nwhich indicates the plate number, the vehicle identification number and\nthe expiration date of the registration, the failure to produce the\ncertificate of registration, or a photostatic copy of such certificate,\nshall be presumptive evidence of operating a motor vehicle or trailer\nwhich is not registered as required by this article.\n 5. Times for registration, reregistration and renewal; proportionate\nfees. a. Registrations, reregistrations and renewals shall take effect\nand expire on dates determined by the commissioner. However, where the\nexpiration date of the registration of any vehicle, except a taxi or an\nomnibus, falls on a Saturday, Sunday or state holiday, such registration\nshall be valid for the operation of such vehicle until midnight of the\nnext day on which state offices shall be open for business. Provided,\nhowever, that renewal of a registration may be used preceding the\nexpiration date of such registration including such expiration date.\nProvided, further, however, that where the required proof of\nregistration consists of an expired registration for the same vehicle,\nissued to the same person applying for the registration or renewal, and\nthe expired registration certificate and number plates and date tags\nissued for such registration had not been surrendered to the\ncommissioner on or before the expiration date of such registration, the\ncommissioner may in his discretion deem such application to be a renewal\nof the expired registration and require that the fee paid for such\nregistration be computed as if the registration had been made prior to\nthe date of expiration of the expired registration.\n b. The fee for the renewal of a registration shall be the same as the\nannual registration fee, and, where a registration or renewal is for a\nperiod of more or less than one calendar year, the annual fees as\nprovided in this section shall be increased or reduced proportionately\non a daily computation basis, except that where the annual registration\nfee for such vehicle would amount to ten dollars or less, the fee shall\nnot be so prorated.\n c. Notwithstanding any other provision of this article, the\ncommissioner shall issue registrations and renewals of registrations for\nmotor vehicles for which a registration fee established in paragraph a\nof subdivision six of this section is required to be paid and for motor\nvehicles having a maximum gross weight of not more than eighteen\nthousand pounds for which a registration fee established in paragraph\none of schedule B of subdivision seven of this section is required to be\npaid for a period of not less than two years. In addition, the full\namount of any other charges, taxes or fees which would be required to be\npaid to, or collected by, the commissioner during the entire\nregistration period if registrations were issued for twelve month\nperiods shall be paid to the commissioner at the time of such\nregistration or renewal of registration. The commissioner shall\npromulgate rules and regulations for the issuance of registration\nrenewals extended as required in this paragraph. However, such\nregulations may provide that the initial issuance of extended renewals\nbe accomplished over a two year period. The commissioner may by\nregulation exempt from the provisions of this paragraph registrations\nfor motor vehicles issued in conjunction with any long-term registration\nprogram or registration reciprocity or proration agreement which this\nstate has established or to which this state is a party.\n 5-a. Denial of registration or renewal. a. (i) If at the time of\napplication for a registration or renewal thereof there is a\ncertification from a court, parking violations bureau, traffic and\nparking violations agency or administrative tribunal of appropriate\njurisdiction that the registrant or their representative failed to\nappear on the return date or any subsequent adjourned date or failed to\ncomply with the rules and regulations of an administrative tribunal\nfollowing entry of a final decision in response to a total of three or\nmore summonses or other process in the aggregate, issued within an\neighteen month period, charging either that: (i) such motor vehicle was\nparked, stopped or standing, or that such motor vehicle was operated for\nhire by the registrant or their agent without being licensed as a motor\nvehicle for hire by the appropriate local authority, in violation of any\nof the provisions of this chapter or of any law, ordinance, rule or\nregulation made by a local authority; or (ii) the registrant was liable\nfor a violation of subdivision (d) of section eleven hundred eleven of\nthis chapter imposed pursuant to a local law or ordinance imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with traffic-control indications through the\ninstallation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter; or (iii) the registrant was liable for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter; or (iv) the\nregistrant was liable for a violation of bus lane restrictions as\ndefined by article twenty-four of this chapter imposed pursuant to a bus\nrapid transit program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such bus lane\nrestrictions through the installation and operation of bus lane photo\ndevices, in accordance with article twenty-four of this chapter; or (v)\nthe registrant was liable for a violation of section eleven hundred\nseventy-four of this chapter when meeting a school bus marked and\nequipped as provided in subdivisions twenty and twenty-one-c of section\nthree hundred seventy-five of this chapter imposed pursuant to a local\nlaw or ordinance imposing monetary liability on the owner of a vehicle\nfor failure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; or (vi) the registrant was liable for a violation of\nsection three hundred eighty-five of this chapter and the rules of the\napplicable covered agency or covered authority as such terms are defined\nin article ten of this chapter in relation to gross vehicle weight\nand/or axle weight violations imposed pursuant to a weigh in motion\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such gross\nvehicle weight and/or axle weight restrictions through the installation\nand operation of weigh in motion violation monitoring systems, in\naccordance with article ten of this chapter; or (vii) the registrant was\nliable for a violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter,\nor (viii) the registrant was liable for a violation of bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus operation-related traffic regulations\nthrough the installation and operation of bus operation-related photo\ndevices, in accordance with article twenty-four of this chapter, the\ncommissioner or their agent shall deny the registration or renewal\napplication until the applicant provides proof from the court, traffic\nand parking violations agency or administrative tribunal wherein the\ncharges are pending that an appearance or answer has been made or in the\ncase of an administrative tribunal that such applicant has complied with\nthe rules and regulations of said tribunal following entry of a final\ndecision. Where an application is denied pursuant to this section, the\ncommissioner may, in their discretion, deny a registration or renewal\napplication to any other person for the same vehicle and may deny a\nregistration or renewal application for any other motor vehicle\nregistered in the name of the applicant where the commissioner has\ndetermined that such registrant's intent has been to evade the purposes\nof this subdivision and where the commissioner has reasonable grounds to\nbelieve that such registration or renewal will have the effect of\ndefeating the purposes of this subdivision. Such denial shall only\nremain in effect as long as the summonses remain unanswered, or in the\ncase of an administrative tribunal, the registrant fails to comply with\nthe rules and regulations following entry of a final decision.\n (ii) For purposes of this paragraph, the term "motor vehicle operated\nfor hire" shall mean and include a taxicab, livery, coach, limousine or\ntow truck.\n b. If at the time of application by any person for a registration or\nrenewal thereof there is a certification from a court or an agency or\nadministrative tribunal with regulatory or adjudicatory authority over\nvan services or other such common carriers of passengers in any city\nwith a population of over one million pursuant to subdivision five of\nsection eighty of the transportation law that there remains unpaid a\npenalty imposed by such agency or administrative tribunal or court\nfollowing entry of a decision or order, including a decision or order in\na proceeding in which there has been a failure to appear or pay, in\nresponse to a notice of violation, summons or other process issued\ncharging that the vehicle was operated as a van service or other such\ncommon carrier of passengers without the operating authority required by\nsuch local law or ordinance, the commissioner or the commissioner's\nagent shall impose a vehicle identification number block and deny the\nregistration or renewal application until the applicant provides proof\nfrom the court or agency or other administrative tribunal wherein the\ncharges were adjudicated that such penalty has been paid in full or the\nviolation has been corrected to its satisfaction. Where an application\nis denied pursuant to this paragraph, the commissioner may, in the\ncommissioner's discretion, deny a registration or renewal application\nfor any other motor vehicle registered in the name of the applicant\nwhere the commissioner has determined that such registrant's intent has\nbeen to evade the purposes of this paragraph and where the commissioner\nhas reasonable grounds to believe that such registration or renewal will\nhave the effect of defeating the purposes of this paragraph. Such\nvehicle identification number block and denial shall only remain in\neffect until the penalty has been paid in full or the violation has been\ncorrected to the satisfaction of the court, city agency or\nadministrative tribunal.\n c. The commissioner may promulgate such regulations as are necessary\nto effectuate the provisions of this subdivision, including provisions\nfor the recovery of the administrative costs of the program incurred for\neach municipality. The commissioner may, in his discretion, refuse to\nprocess a certification received from a court or administrative tribunal\nin any municipality which has failed to comply with the provisions of\nsection five hundred fourteen of this chapter or which does not have an\neffective program for enforcing suspension and revocation orders issued\nby the department.\n 6. Registration fees. a. The following fees shall be paid to the\ncommissioner, or agent, upon the registration or reregistration of a\nmotor vehicle, including a suburban, in accordance with the provisions\nof this article:\n If such motor vehicle, fully equipped, weighs thirty-five hundred\npounds or less, eighty-one cents for each one hundred pounds or major\nfraction thereof; if such motor vehicle, fully equipped, weighs more\nthan thirty-five hundred pounds, eighty-one cents for each one hundred\npounds up to thirty-five hundred pounds, and one dollar and twenty-one\ncents for each hundred pounds, or major fraction thereof, in excess of\nthirty-five hundred pounds; provided, however, that the total fees for\nthe registration or reregistration of any passenger motor vehicle\npropelled by electricity shall be sixteen dollars and eighteen cents, of\na six, eight, or twelve cylinder motor vehicle not less than sixteen\ndollars and eighteen cents, and of any other motor vehicle not less than\ntwelve dollars and ninety-five cents; and provided further that for\nmotor vehicles described in subdivision seven of this section, the fee\nfor such registration shall be as therein prescribed. Provided further,\nhowever, that the maximum registration fee under this paragraph shall\nnot exceed seventy dollars and eight cents per registration year. For\nthe purposes of this section a "suburban" shall be a motor vehicle with\na convertible or interchangeable body or with removable seats, usable\nfor both passenger and delivery purposes, and including motor vehicles,\ncommonly known as station or depot wagons. The manufacturer's weight of\nmotor vehicle shall be accepted as the weight for the purpose of\nregistration under this paragraph.\n b. The provisions of this article with respect to the payment of\nregistration fees shall not apply to ambulances used exclusively to\ncarry sick or injured persons, other than those used in the business of\ncarrying or transporting sick or injured persons for hire or profit, or\nto motor vehicles which are especially constructed and equipped to carry\nlost, strayed, sick, maimed or disabled animals, and owned and operated\nfor that purpose by a duly incorporated society, incorporated for the\npurpose of preventing cruelty to animals, or to motor vehicles owned or\ncontrolled by the state, a city, county, village, town, school district,\nor fire district or any of the departments thereof or county extension\nservice association or public improvement district formed under and\npursuant to provisions of the town law, or sanitary district formed\npursuant to the provisions of chapter five hundred sixteen of the laws\nof nineteen hundred twenty-eight, as amended, or soil conservation\ndistricts formed pursuant to the provisions of the soil conservation\ndistricts law, or to motor vehicles owned by professional foreign\nconsuls-general, consuls and vice consuls, who are nationals of the\nstate appointing them and who are assigned to foreign consulates in the\nstate of New York, provided that American professional consular officers\nof equal rank who are citizens of the United States and who exercise\ntheir official functions at American consulates in such foreign country,\nare granted reciprocal exemption, or to motor vehicles owned and\noperated by the American Red Cross, but in other respects shall be\napplicable.\n b-1. The provisions of this article with respect to the payment of\nregistration fees shall not apply to (i) fire vehicles, as defined in\nsection one hundred fifteen-a of this chapter, owned or controlled by a\nfire company, as defined in section three of the volunteer firefighters'\nbenefit law, or to (ii) emergency ambulance service vehicles, as defined\nin section one hundred fifteen-c of this chapter, owned or controlled by\nan ambulance company, as defined in section three of the volunteer\nambulance workers' benefit law. Upon the filing of an application in\nsuch form and detail as the commissioner may prescribe, the commissioner\nshall issue plates for such vehicles in the same manner as plates issued\nto vehicles owned or controlled by fire districts pursuant to paragraph\nb of this subdivision.\n c. The provisions of this subdivision with respect to the payment of\nregistration fees shall not apply to a passenger or suburban type motor\nvehicle or the provisions of subdivision seven of this section with\nrespect to the payment of registration fees shall additionally not apply\nto any auto truck or light delivery car having a maximum gross weight of\nless than sixty-five hundred pounds which is used exclusively for\npassengers and owned by any disabled veteran of the armed forces of the\nUnited States who has obtained such motor vehicle under and pursuant to\nthe provisions of public law number six hundred sixty-three,\nseventy-ninth congress, and public law number seven hundred\nninety-eight, eighty-first congress and public law number one hundred\neighty-seven, eighty-second congress or any comparable motor vehicle\nwhich is bought or acquired to replace such original motor vehicle owned\nby such disabled veteran.\n d. (i) In addition to the other fees provided for in this section, the\ncommissioner shall, upon the application for the registration of a motor\nvehicle or the renewal thereof, collect the tax authorized by\nsubdivision (g) of section twelve hundred one of the tax law, if a city\nof one million or more, pursuant to subdivision (h) of section twelve\nhundred one of such law, enacts a local law providing for the collection\nof such tax by the commissioner and enters into the required agreement\nrelating thereto.\n (ii) In addition to the other fees provided for in this section, the\ncommissioner shall, upon the application for the registration of a motor\nvehicle or the renewal thereof, collect the tax of the type authorized\nunder subdivision (e) of section twelve hundred one of the tax law, if a\ncounty, pursuant to subdivision (c), (e), (f) or (g) of section twelve\nhundred two of such law, enacts a local law, ordinance or resolution\nproviding for the collection of such tax by the commissioner and enters\ninto the required agreement relating thereto.\n e. A. In addition to any other fee for registration required to be\npaid pursuant to this article, the commissioner may require the payment\nof an annual service charge of six dollars and twenty-five cents upon\nthe issuance of a radio operator number plate which he, in his\ndiscretion, is hereby authorized to do as provided by this paragraph.\nNotwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in this\nparagraph in effect on and after September first, two thousand nine and\nthe registration fees set forth in this paragraph in effect prior to\nsuch date shall be deposited to the credit of the dedicated highway and\nbridge trust fund.\n B. A number plate issued pursuant to this paragraph shall be issued in\nthe same manner as other number plates are issued pursuant to this\narticle to persons making application therefor. Such plate shall contain\nnot more than eight letters, numerals or any combination thereof which\nare the permanent radio call letters assigned to an amateur radio\noperator by the federal communications commission. The provisions of\nthis paragraph shall not apply to any number plate reserved or issued\npursuant to any other provision of this article.\n g. In addition to the other fees provided for in this section, the\ncommissioner shall, upon the application for the registration of a motor\nvehicle or the renewal thereof, collect any tax imposed pursuant to the\nauthority of chapter one thousand thirty-two of the laws of nineteen\nhundred sixty, if the city imposing such tax enacts a local law\nproviding for the collection of such tax by the commissioner and enters\ninto the required agreement relating thereto.\n 7. Registration fees for auto trucks, tractors, buses, taxicabs,\nlivery and certain other motor vehicles. The registration fees to be\npaid upon the registration or reregistration, in accordance with the\nprovisions of this article, of buses, of motor vehicles constructed or\nspecially equipped for the transportation of goods, wares and\nmerchandise, commonly known as auto trucks or light delivery cars, of\ntaxicabs, livery and of certain other motor vehicles specified herein\nare hereby established as follows:\n A. Schedule for buses.\n For each such vehicle having a seating capacity for passengers of five\npassengers or less, and meeting the requirements of subdivisions twenty\nand twenty-one, notwithstanding the capacity limitation of subdivision\ntwenty-one, of section three hundred seventy-five of this chapter, the\nannual fee of twenty-one dollars and fifty-six cents.\n For each such vehicle having a seating capacity for passengers of not\nless than six passengers, nor more than seven passengers, and meeting\nthe requirements of subdivisions twenty and twenty-one, notwithstanding\nthe capacity limitation of subdivision twenty-one, of section three\nhundred seventy-five of this chapter, the annual fee of thirty-five\ndollars and twenty-three cents.\n For each such vehicle having a seating capacity for passengers of not\nless than eight passengers, nor more than ten passengers, and meeting\nthe requirements of subdivisions twenty and twenty-one, notwithstanding\nthe capacity limitation of subdivision twenty-one, of section three\nhundred seventy-five of this chapter, the annual fee of forty-three\ndollars and eighty-five cents.\n For each such vehicle having a seating capacity for passengers of not\nless than eleven passengers, nor more than fourteen passengers, and\nmeeting the requirements of subdivisions twenty and twenty-one,\nnotwithstanding the capacity limitation of subdivision twenty-one, of\nsection three hundred seventy-five of this chapter, the annual fee of\nsixty-one dollars and eighty-one cents.\n For each such vehicle having a seating capacity for passengers of not\nless than fifteen passengers, nor more than twenty passengers, the\nannual fee of seventy-four dollars and seventy-five cents.\n For each such vehicle having a seating capacity for passengers of not\nless than twenty-one passengers, nor more than twenty-two passengers,\nthe annual fee of seventy-nine dollars and six cents.\n For each such vehicle having a seating capacity for passengers of not\nless than twenty-three passengers, nor more than twenty-six passengers,\nthe annual fee of eighty-eight dollars and forty-one cents.\n For each such vehicle having a seating capacity for passengers of not\nless than twenty-seven passengers, nor more than thirty passengers, the\nannual fee of ninety-seven dollars and four cents.\n For each such vehicle having a seating capacity for passengers in\nexcess of thirty passengers, the fee of ninety-seven dollars and four\ncents, and the additional fee of two dollars and eighty-eight cents for\neach passenger (measured by seating capacity) in excess of thirty\npassengers.\n For the purposes of this schedule, the term "seating capacity for\npassengers" shall exclude the driver.\n The words "seating capacity for passengers", as used in this section,\nshall mean seating capacity for adults. The commissioner shall have\nauthority to determine, for registration purposes, the manner of\ncomputing the seating capacity of any vehicle.\n Provided, however, that in the case of a bus operated entirely by\nelectricity not generated by an engine contained therein the fees to be\npaid upon registration or reregistration thereof shall be fifty per\ncentum in excess of the foregoing rates.\n The foregoing schedules shall not apply to omnibuses operated pursuant\nto a franchise or franchises over streets designated in said franchise\nor franchises wholly within a city or cities, provided the holder of the\nfranchise or franchises pays for the same a percentage of its gross\nearnings or gross receipts and for any such omnibus, without regard to\nthe seating capacity; nor shall the foregoing schedules apply to\nomnibuses operated pursuant to a certificate of public convenience and\nnecessity granted under the transportation law and based upon the\nconsent of the local authorities of any city, town or village, other\nthan in the counties of Nassau, Suffolk and Westchester, as required by\nthe transportation corporations law or, in the county of Nassau, based\nupon the consent of the board of supervisors of such county or of any\ncity or village therein, or of both such county and any city or village\ntherein or, in the counties of Suffolk and Westchester, based upon the\nconsent of the county board of legislators of such counties, as required\nby chapter eight hundred seventy-nine of the laws of nineteen hundred\nthirty-six, provided the holder of such local consent pays for the same\nan annual fee to any such county, city, town or village, and for any\nsuch omnibus, without regard to the seating capacity, the annual fee\nshall be twelve dollars and fifty cents. The foregoing schedules shall\nnot apply to trackless trolleys, but if such omnibus shall not be\noperated in local transit service pursuant to a certificate of\nconvenience and necessity issued by the commissioner of transportation\nthe foregoing schedule of fees shall apply.\n B. Schedule for tractors, auto trucks and light delivery cars.\n 1. For each auto truck or light delivery car, the annual fee of three\ndollars and sixty cents for each five hundred pounds maximum gross\nweight or fraction thereof, except that the annual fee for such motor\nvehicle operated entirely by electricity not generated by an engine\ncontained therein shall be five dollars and thirty-nine cents for each\nfive hundred pounds maximum gross weight or fraction thereof, but in\ncomputing the weight of such an electric vehicle the weight of electric\nbatteries shall be excluded and except also that the annual fee for each\nauto truck having a maximum gross weight in excess of eighteen thousand\npounds used exclusively in the transportation of household goods (as\ndefined by the commissioner of transportation of this state or the\ninterstate commerce commission) by a carrier under authority of the\ncommissioner of transportation of this state or of the interstate\ncommerce commission shall be nine dollars and seventy cents for each\nfive hundred pounds maximum gross weight or fraction thereof. Provided\nhowever, that no motor vehicle registered pursuant to this paragraph may\nbe charged a registration fee in excess of that charged for a motor\nvehicle registered with a maximum gross weight of eighty thousand\npounds.\n 2. For each tractor of any weight the annual fee of one dollar and\nfifty-one cents for each one hundred pounds, or major fraction thereof,\nof maximum gross weight, except that the annual fee for each tractor of\nany weight used exclusively in the transportation of household goods (as\ndefined by the commissioner of transportation of this state or the\ninterstate commerce commission) by a carrier under authority of the\ncommissioner of transportation of this state or of the interstate\ncommerce commission shall be two dollars and sixteen cents for each one\nhundred pounds, or major fraction thereof, of maximum gross weight.\nProvided however, that no motor vehicle registered pursuant to this\nparagraph may be charged a registration fee in excess of that charged\nfor a motor vehicle registered with a maximum gross weight of eighty\nthousand pounds.\n 3. For the purpose of this schedule, maximum gross weight of an auto\ntruck or light delivery car shall mean the weight of the motor vehicle\nplus the weight of the maximum load to be carried by such motor vehicle\nduring the registration period. For the purposes of this schedule,\nmaximum gross weight of a tractor shall be the weight of the tractor,\nplus the unladen weight of any semitrailer drawn thereby, plus the\nweight of the maximum load to be carried on the tractor and on any\nsemitrailer drawn by such tractor during the registration period, but\nshall not include the weight or load of a semitrailer, used with a\ndevice for converting it to a trailer, when being drawn by a tractor\nsemitrailer combination on the New York state thruway as part of a\ndouble tandem combination. The weight of the motor vehicle and such\nmaximum load as stated on the application for registration shall be\nsubject to audit and approval by the commissioner of motor vehicles.\n C. Schedule for taxicabs and livery. 1. For each taxicab or livery\nhaving a seating capacity for passengers, excluding the driver, of five\npersons or less, the annual fee of thirty-one dollars and sixty-three\ncents. For each such vehicle having a seating capacity for passengers,\nexcluding the driver, of not less than six persons, nor more than seven\npersons, the annual fee of fifty-one dollars and seventy-five cents. For\neach such vehicle having a seating capacity for passengers, excluding\nthe driver, of at least eight persons, but not more than ten persons,\nthe annual fee of sixty-four dollars and sixty-nine cents. For each such\nvehicle having a seating capacity for passengers, excluding the driver,\nof at least eleven persons, but not more than fourteen persons, the\nannual fee of ninety-two dollars. Any registration issued pursuant to\nthis schedule shall be revoked upon receipt by the commissioner of a\nnotice of revocation of any license or permit necessary for the issuance\nof such registration from the local authority which issued such license\nor permit, or upon receipt of evidence by the commissioner that the\nregistrant has been convicted of a violation of any local law requiring\nthe issuance of a license or permit in order to engage in for-hire\noperation. Provided, however, that upon surrender to the commissioner of\nany such revoked registration and number plates and upon payment of the\nproper registration fee, a registration may be issued for the vehicle\nfor which such registration has been revoked pursuant to the provisions\nof subdivision six of this section.\n 2. For purposes of this schedule, the term "livery" shall also include\na motor vehicle with a driver having a seating capacity of at least nine\nbut not more than fourteen passengers used to carry passengers for hire\nin a commuter van service under an authorization issued by a\nmunicipality.\n D. Schedule for hearses, and certain ambulances. 1. For each hearse,\nthe annual fee of one dollar and twenty-four cents for each one hundred\npounds, or major fraction thereof, of unladen weight.\n 2. For each ambulance used in the business of carrying or transporting\nsick or injured persons for hire or profit, the annual fee of one dollar\nand twenty-four cents for each one hundred pounds or major fraction\nthereof, of unladen weight.\n E. Schedule for agricultural trucks and agricultural trailers. 1. For\neach agricultural truck and agricultural trailer, the annual fee of two\ndollars and fifty-one cents for each five hundred pounds maximum gross\nweight, or fraction thereof.\n 2. For the purposes of this schedule an "agricultural truck" shall be\na truck and an agricultural trailer shall be a trailer, other than a\ncoach or house trailer or semitrailer, owned by a person engaged in\nproduction by means of (a) the planting, cultivation and harvesting of\nagricultural, vegetable and food products of the soil, including\nhorticultural specialties such as nursery stock, ornamental shrubs,\nornamental trees and flowers, (b) the raising, feeding and care of live\nstock, bees and poultry or (c) dairy farming. Such agricultural truck\nand agricultural trailer shall be used only for the transportation of\nhis own agricultural or dairy commodities or supplies or for personal\npassenger use, or use in conjunction with lumbering operations connected\nwith but only incidental to the operation of a farm.\n 3. A motor vehicle registered as an "agricultural truck" under this\nschedule and a trailer registered as an "agricultural trailer" under\nthis schedule shall be operated on the public highways only for the\npurposes set forth in paragraph two hereof.\n 4. An agricultural truck and an agricultural trailer may be registered\nor reregistered for periods of less than one calendar year upon\napplication forms furnished by the commissioner for such purpose, and\nthe annual fees as provided in this schedule shall be reduced\nproportionately on a monthly computation basis.\n F. Schedule for certain motor vehicles. (a) For each road roller,\ntractor crane, truck crane, power shovel, road building machine, snow\nplow, road sweeper, sand spreader, well driller, well servicing rig,\nfeed processing machine, mobile car crusher (whether self-propelled or a\ncombination used exclusively as one unit), earth mover, which shall mean\na motor-driven vehicle in excess of eight feet in width equipped with\npneumatic tires designed and constructed for moving or transporting\nearth and rock in connection with excavation and grading work, and truck\nwith small wheels used in a factory, warehouse or railroad station, for\neach spreader or sprayer (generally meaning an agricultural vehicle used\nto spread or spray agricultural chemicals, agricultural lime and/or\nagricultural fertilizers) and fire vehicles, an annual fee of fourteen\ndollars and thirty-eight cents; provided, however, that the provisions\nof paragraph b of subdivision six of this section relating to the\nexemption of certain motor vehicles from the payment of registration\nfees thereon shall apply to the motor vehicles specified in this\nschedule. A tractor-trailer combination designed and used as a unit\nexclusively for the same purpose as a vehicle specifically included in\nthis schedule shall be considered as a single vehicle and registered as\na motor vehicle under this schedule rather than as a tractor and trailer\nseparately.\n (b) As used in this schedule, the term "snow plow" shall not include\nfarm type tractors used exclusively for agricultural purposes, or for\nsnow plowing other than for hire, as defined in section one hundred\ntwenty-five of this chapter, when used for plowing or removing snow,\nprovided such plowing or snow removal is not done for hire.\n No person shall operate or move, or cause or knowingly permit to be\noperated or moved on any public highway in this state any auto truck,\nagricultural truck or light delivery car, registered in this state,\nhaving a combined weight of vehicle and load in excess of the maximum\ngross weight for such vehicle as stated on the application for\nregistration. Such maximum gross weight cannot be more than the weight\npermitted under section three hundred eighty-five of this chapter or the\nweight permitted by the rules or regulations of the department of\ntransportation of any city not wholly included within one county or\nunder permits that may be issued pursuant to such section, rules or\nregulations whichever is the least restrictive.\n G. Schedule for historical motor vehicles. For each motor vehicle\nwhich is owned and operated as an exhibition piece or collectors item,\nand is used for participation in club activities, exhibit, tours,\nparades, occasional transportation and similar uses, but not used for\ngeneral daily transportation, an annual fee of twenty-eight dollars and\nseventy-five cents. For purposes of this paragraph, a historical motor\nvehicle shall mean any vehicle manufactured more than twenty-five years\nprior to the current calendar year, and any other model, year and type\nvehicle which has unique characteristics and which is determined by the\ncommissioner to be of historical, classic or exhibition value.\nRegistration plates for such vehicles shall be of a type and design\napproved by the commissioner, but shall be of a distinctive nature.\nExcept that, with the approval of the commissioner, an owner of any such\nvehicle may utilize registration plates issued in the year corresponding\nto the model year date in which the vehicle was manufactured, if the\nregistration plate is legible, durable, and serviceable, of this state,\nand accurate in color, as determined by the department. Nothing in this\nparagraph shall be construed to prohibit the use of previously issued\nregistration plates that have been restored, without deviation from\ntheir original alphanumeric or pictorial content, to such condition as\notherwise satisfies all applicable requirements. Such plates shall be\nused only for the operation of the motor vehicle listed on the\nregistration application and on other motor vehicles which would qualify\nfor registration under this schedule owned by persons other than the\nregistrant for the purpose of test driving by the registrant or his or\nher agent in anticipation of possible purchase. No such registration\nwill be issued unless evidence of financial security, in a form\nprescribed by the commissioner, is submitted which provides coverage for\nthe motor vehicle listed on the registration application and for\nnon-owned motor vehicles being operated with such plates.\n H. Schedule for tow trucks. For each tow truck registered pursuant to\nsection four hundred one-b of this article, the annual fee of two\ndollars and eighty-eight cents for each five hundred pounds maximum\ngross weight or fraction thereof. For the purposes of this schedule, the\nmaximum gross weight of a tow truck shall include the weight of any\nvehicle transported wholly upon the tow truck, but shall not include the\nweight of any vehicle transported partly upon the tow truck and partly\non its own wheels or a dolly.\n I. Schedule for leased and rental vehicles. 1. The annual fee for each\nleased vehicle and for each rental vehicle, other than a motorcycle or a\nrental vehicle of the passenger vehicle or suburban type, shall be the\nannual fee which would be required to be paid for such vehicle if it\nwere not a leased or rental vehicle.\n 2. For each rental vehicle of the passenger or suburban type having a\nseating capacity for passengers, including the driver, of five persons\nor less, the annual fee of fifty-three dollars and nineteen cents. For\neach such vehicle having a seating capacity for passengers, including\nthe driver, of not less than six persons, nor more than seven persons,\nthe annual fee of seventy-four dollars and seventy-five cents. For each\nsuch vehicle having a seating capacity for passengers, including the\ndriver, of at least eight persons, but not more than ten persons, the\nannual fee of eighty-six dollars and twenty-five cents. For each such\nvehicle having a seating capacity for passengers, including the driver,\nof at least eleven persons, but not more than fifteen persons, the\nannual fee of one hundred thirteen dollars and fifty-six cents.\n J. Schedule for vanpool vehicles. The annual fee for each vanpool\nvehicle shall be the annual fee which would be required to be paid for\nsuch vehicle if it were not used for the purpose of vanpooling.\nRegistration plates for such vehicles shall be of a type and design\napproved by the commissioner, and shall include the word VANPOOL on the\nface of the registration plate. Such plate shall be issued at the\nrequest of the registrant upon proof, satisfactory to the commissioner,\nthat the vehicle is to be used for the purpose of vanpooling.\n K. Schedule for heavy duty vehicles: Notwithstanding any inconsistent\nprovision of this section, the registration fee for any vehicle\ndescribed in this paragraph shall be increased by up to three and\ntwenty-five one hundredths percent of such registration fee in effect on\nSeptember first, two thousand nine, to fund the direct and indirect\ncosts of the development and implementation of a heavy duty emissions\ninspection program pursuant to section 19-0320 of the environmental\nconservation law, including planning, development of regulations and\nguidance, state implementation plan development, personnel costs\nattributable to the program, and enforcement costs. Such fee is\nauthorized to be collected, commencing June first, nineteen hundred\nninety-nine, at the time of registration of any vehicle required to be\nregistered in New York having a gross vehicle weight of greater than\neight thousand five hundred pounds and powered by diesel fuels except\nfor those vehicles defined in section one hundred one of this chapter,\nsubparagraph two of paragraph E and subparagraph (a) of paragraph F of\nthis subdivision, and vehicles specified in subdivision thirteen of this\nsection, and farm type tractors and all terrain type vehicles used\nexclusively for agricultural or mowing purposes, or for snow plowing,\nother than for hire, farm equipment, including self-propelled machines\nused exclusively in growing, harvesting or handling farm produce, and\nself-propelled caterpillar or crawler-type equipment while being\noperated on the contract site, and timber harvesting equipment such as\nharvesters, wood chippers, forwarders, log skidders, and other\nprocessing equipment used exclusively off highway for timber harvesting\nand logging purposes. Notwithstanding any provision of law to the\ncontrary, any fee amount collected pursuant to this paragraph shall be\ndeposited in the clean air fund, to the credit of the mobile source\naccount, in accordance with the provisions of section ninety-seven-oo of\nthe state finance law. Notwithstanding any inconsistent provision of\nthis section, the difference collected between the increase of the\npercentage of the registration fees set forth in this schedule in effect\non and after September first, two thousand nine and the percentage of\nthe registration fees set forth in this schedule in effect prior to such\ndate shall be deposited to the credit of the dedicated highway and\nbridge trust fund.\n L. Notwithstanding the provisions of paragraph K of this subdivision,\nno fee shall be charged upon the registration of any vehicle exempt from\nthe payment of registration fees under paragraph b of subdivision six of\nthis section.\n 8. Registration fees for trailers. a. The provisions of this chapter\nin relation to registration books and registration, certificates of\nregistration, number plates, duplicates of certificates and number\nplates, times of registration and reregistration and the duration\nthereof, for motor vehicles, shall apply also to trailers. The following\nfees shall be paid upon the registration or reregistration of a trailer,\nother than a coach or house trailer or a semitrailer, in accordance with\nthe provisions of this article: The annual fee of five dollars and\nthirty-nine cents for each five hundred pounds or fraction thereof of\nmaximum gross weight but in no case shall the annual fee be less than\nfourteen dollars and thirty-eight cents. The following fees shall be\npaid upon the registration or reregistration of a coach or house trailer\nin accordance with the provisions of this article: The annual fee of one\ndollar and seventy-three cents for each one hundred pounds or major\nfraction thereof of unladen weight but in no case shall the annual fee\nbe less than twenty-one dollars and fifty-seven cents. The following\nfees shall be paid upon the registration or reregistration of a\nsemitrailer in accordance with provisions of this article: The annual\nfee of twenty-eight dollars and seventy-five cents. However, upon the\nrequest of the applicant upon the registration or renewal of a\nregistration of a nineteen hundred eighty-nine or later model year\nsemitrailer, such semitrailer may be registered for a period of not less\nthan five and one-half nor more than six and one-half years for a fee of\neighty-six dollars and twenty-five cents. A semitrailer, used with any\ndevice for converting it to a trailer, other than one being drawn by a\ntractor semitrailer combination as part of a double tandem combination,\nshall be registered as a trailer.\n For the purposes of this paragraph, the unladen weight of a coach or\nhouse trailer shall include the weight of any equipment permanently\nattached to or installed in such trailer. Notwithstanding the foregoing\nprovisions and pursuant to regulations and limitations to be established\nby the commissioner and upon payment of a fee of two dollars and thirty\ncents therefor a temporary permit to move a coach or house trailer on\nthe public highways from one site to another shall be issued to the\nowner thereof upon application therefor. Such application shall be made\nin the manner prescribed by the commissioner.\n b. For the purposes of this subdivision, as applied to a trailer other\nthan a coach or house trailer or a semitrailer, maximum gross weight\nshall mean the weight of the trailer plus the weight of the maximum load\nto be carried by such trailer during the registration period. The weight\nof the trailer and such maximum load as stated on the application for\nregistration shall be subject to audit and approval by the commissioner\nof motor vehicles.\n c. No person shall operate or move, or cause or knowingly permit to be\noperated or moved on any public highway of this state any combination of\na tractor registered in this state and a semitrailer having a combined\nweight of vehicles and load in excess of the maximum gross weight of the\ntractor as stated on the application for registration of such vehicle.\nSuch maximum gross weight cannot be more than the weight permitted under\nsection three hundred eighty-five of this chapter or the weight\npermitted by the rules or regulations of the department of\ntransportation of any city not wholly included within one county or\nunder permits that may be issued pursuant to such section, rules or\nregulations whichever is the least restrictive.\n d. No person shall operate or move, or cause or knowingly permit to be\noperated or moved on any public highway of this state any trailer, other\nthan a coach or house trailer or a semitrailer, registered in this\nstate, having a combined weight of vehicle and load in excess of the\nmaximum gross weight of such trailer as stated on the application for\nregistration of such vehicle.\n 9. Correction of registration. a. Where a motor vehicle registered\nunder this article requires registration in another class because of a\nchange in its form or use, an application for the correct registration\nmay be granted upon the surrendering of the certificate of registration\nand number plates and the payment of a fee of one dollar, together with\nthe excess, if any, of the fee for the correct registration over the fee\nfor the registration in the class in which the vehicle is registered,\nboth fees to be computed as of the date of granting the correct\nregistration; provided, however, that if the vehicle has already been\nregistered in more than one class during the year, the class requiring\nthe highest fee shall be taken as the basis in determining the\nadditional fee, if any, to be paid instead of the class in which the\nvehicle is registered at the time of the application.\n b. Where a vehicle registered under the provisions of subdivisions\nseven or eight of this section on the basis of maximum gross weight\nrequires a corrected registration because of a load in excess of the\nmaximum load as certified in the application for registration, or the\nregistrant desires to register the vehicle at a lower gross maximum\nweight, an application shall be made for correct registration. Upon the\nsurrendering of the certificate of registration and the payment of a fee\nof two dollars together with the balance of the annual fee for the\ncorrect registration over the fee as previously registered, such\ncorrected registration may be issued. No return of any part of the fee\npaid for the previous registration shall be made in case of a reduction\nof maximum gross weight certified in the application for a corrected\nregistration.\n 9-a. Whenever a registration fee prescribed in subdivision six, seven\nor eight of this section shall amount to a fee other than a whole dollar\namount, the fee required to be paid shall be rounded to the nearest\ntwenty-five cents.\n 10. Fees in lieu of taxes. The registration fees imposed by this\narticle upon motor vehicles, other than those of manufacturers and\ndealers, shall be in lieu of all taxes, general or local, to which motor\nvehicles may be subject.\n 11. A motor vehicle, which does not fall within the definition of the\nterm bus, used to transport pupils, or pupils and teachers, to and from\nschool and not otherwise used to transport passengers for hire shall not\nbe registered as a taxicab or livery because of such use.\n 12. Registration fee for "forty and eight trains." Notwithstanding any\nof the provisions of this chapter, the annual registration fee for a\nmotor vehicle, commonly described as a boxcar and/or locomotive, duck\nand tank and used only by La Societe des 40 Hommes et 8 Chevaux for\ncivic demonstrations, convention purposes or social welfare work, shall\nbe five dollars.\n 12-a. Permanent fleet registration. The commissioner may provide for a\nsystem of extended registration for vehicles a registrant wishes to\nregister as a fleet. The fee required for the registration of each\nvehicle registered in such system shall be the same fee which would be\nrequired if the vehicle was otherwise registered under this section plus\nan additional two dollar administrative fee. The commissioner may\nestablish the minimum number of vehicles required to be registered as a\nfleet, the types of vehicles which may be registered in a fleet, the\nterm of validity of any such registration, qualifications for fleet\nregistrants and, notwithstanding any other provisions of this article to\nthe contrary, procedures for registration in a fleet, times and methods\nof payment of required fees and the display and/or surrender of number\nplates and tags or other evidence of fleet registration. The\ncommissioner may prescribe rules and regulations to carry out the\nprovisions of this subdivision.\n 13. Registration of motor vehicles, trailers and semitrailers operated\nupon public highways connecting portions of a farm or farms, municipal\nsanitary landfills, licensed motor vehicle repair shops and the point of\nsale of the vehicle. Motor vehicles, other than motor vehicles\nmanufactured and equipped primarily for the transportation of\npassengers, trailers and semitrailers, to be operated by any person,\nupon a public highway for the purpose of traveling by the most direct\nroute, but in no event further than twenty-five miles one-way from a\npoint on the farm as designated by the vehicle owner and which\ndesignated point is set forth in an attachment to the vehicle\nregistration, (a) between fields, buildings, and facilities managed or\noperated as part of a single farm enterprise in connection with the\nproduction, harvesting, processing or marketing on that farm of crops,\nlivestock, or livestock products produced on that farm; or (b) for the\npurpose of transporting materials from a farm to the nearest available\nmunicipal sanitary landfill; or (c) for the purpose of transporting the\nmotor vehicle, trailer or semitrailer to a motor vehicle repair shop\nlicensed pursuant to this chapter for the repair or adjustment of\nequipment provided that, in addition to the route restrictions set forth\nin this subdivision, no such transport shall be authorized (i) if such\nvehicle has an out-of-service defect relating to load securement, brake\nsystems, steering components and/or coupling devices, or after it has\nbeen placed out-of-service; (ii) on any limited access highway; and\n(iii) during the period of one hour before sunset to one hour after\nsunrise; or (d) for the purpose of transporting the motor vehicle,\ntrailer or semitrailer, at the time of first receipt, from its point of\nsale to a farm, may be registered as provided in this subdivision. Every\nowner of such vehicles may cause to be filed by mail or otherwise, with\nthe commissioner or with any agent of the commissioner, an application\nfor registration of such vehicle, addressed to the commissioner, and on\na blank to be furnished by the commissioner for that purpose, containing\nthe information required by subdivision one of this section and such\nother information as the commissioner shall require. The commissioner or\nagent shall make such investigation, as he or she shall determine\nnecessary, and if satisfied that the vehicle is to be operated\nexclusively as provided in this subdivision shall, upon the payment of a\nfee of one dollar, assign to such vehicle a distinctive number and issue\nand deliver to the applicant a set of number plates and a certificate of\nregistration in such form as the commissioner shall prescribe,\nindicating the extent to which the vehicle registered may be operated on\nthe public highways and such vehicle may be operated only as so\nindicated. For the purposes of this subdivision, the terms "farm" and\n"crops, livestock or livestock products," shall have the same meaning as\n"land used in agricultural production" and "crops, livestock and\nlivestock products," respectively, as defined in section three hundred\none of the agriculture and markets law, except that farmers with an\naverage gross sales value of at least one thousand dollars per year of\ncrops, livestock, and livestock products shall be eligible to register\nvehicles pursuant to this subdivision.\n 15. The commissioner is authorized to make necessary rules and\nregulations as may be appropriate for the proper enforcement of the\nprovisions of this section with respect to the registration of auto\ntrucks, agriculture trucks, light delivery cars, tractors and trailers.\n 16. a. Notwithstanding any other provision of this chapter or other\nlaw, or rule or regulation, a specialized vehicle shall be classified as\na passenger vehicle and shall be registered accordingly. Such vehicle\nmay use any highway which is restricted to passenger use only.\n b. For the purpose of this subdivision, "a specialized vehicle" shall\nmean any vehicle having a gross weight not exceeding sixty-nine hundred\nninety-nine pounds, regardless of seating or window arrangements, which\nis equipped or modified with a powered lift or ramp or containing any\nother physical device or alteration for the purpose of accommodating a\nwheelchair or permitting access of a wheelchair-bound person, and which\nis intended to be used for the transportation of a disabled person or\npersons confined to a wheelchair.\n 17. The provisions of this chapter with respect to the issuance and\ndisplay of number plates shall not apply to trucks that are used on the\nhighways only in crossing from one point in the owners property to\nanother point in the property of such owner where the route traveled by\nsuch trucks does not adjoin the lands of another owner; provided,\nhowever, that such vehicles shall comply in all respects with the\nprovisions of article six of this chapter.\n 17-a. The commissioner shall permit the use of distinctive license\nplates reserved for use by emergency medical technicians on a van or\npickup truck owned and operated by such person where such vehicle is not\nused for commercial purposes.\n 18. A violation of subdivision one of this section shall be punishable\nby a fine of not less than seventy-five nor more than three hundred\ndollars, or by imprisonment for not more than fifteen days, or by both\nsuch fine and imprisonment except, if the violation consists of failure\nto renew a registration which was valid within sixty days, the fine\nshall be not less than forty dollars. A violation of subdivision seven\nor eight of this section shall be punishable by a fine of not less than\none hundred fifty nor more than three hundred seventy-five dollars, or\nby imprisonment for not more than thirty days, or by both such fine and\nimprisonment, for the first offense, except where the violation was\ncommitted with a vehicle having a maximum gross weight of less than\neighteen thousand pounds the violation should be punished by a fine of\nnot less than forty nor more than three hundred seventy-five dollars; by\na fine of not less than three hundred seventy-five dollars nor more than\nseven hundred fifty dollars, or by imprisonment for not more than sixty\ndays, or by both such fine and imprisonment, for the second or\nsubsequent offense; provided that a sentence or execution thereof for\nany violation under this subdivision may not be suspended. For any\nviolation of said subdivision seven or eight of this section, the\nregistration of the vehicle may be suspended for a period of not less\nthan ten days nor more than six months whether at the time of the\nviolation the vehicle was in charge of the owner or his agent. The\nprovisions of section five hundred ten of this chapter shall apply to\nsuch suspension except as otherwise provided herein.\n 19. No owner of a motor vehicle shall cause to be presented, by mail\nor otherwise, to the office or a branch office of the commissioner, or\nto any agent of the commissioner, an application for registration of a\nvehicle which violates any weight limitations contained in the\nprovisions of section three hundred eighty-five of this chapter or the\nweight permitted by the rules or regulations of any city not wholly\nincluded within one county or under permits that may be issued pursuant\nto such section, rules or regulations whichever is the least\nrestrictive.\n 19-a. If a vehicle or combination of vehicles is operated in violation\nof this section, an appearance ticket or summons may be issued to the\nregistrant of the vehicle, or if a combination of vehicles, to the\nregistrant of the hauling vehicle rather than the operator. In the event\nthe vehicle is operated by a person other than the registrant, any\nappearance ticket or summons issued to the registrant shall be served\nupon the operator, who shall be deemed the agent of the registrant for\nthe purpose of receiving such appearance ticket or summons. Such\noperator-agent shall transmit such ticket or summons to the registrant\nof the vehicle or the hauling vehicle. If the registrant does not appear\non the return date, a notice establishing a new return date and either\ncontaining all pertinent information relating to the charge which is\ncontained on the summons or appearance ticket or accompanied by a copy\nof the information or complaint shall also be mailed by certified or\nregistered mail by or on behalf of the court or administrative tribunal\nbefore whom the appearance ticket or summons is returnable to the\nregistrant at the address given on the registration certificate for the\nvehicle, or if no registration certificate is produced at the time the\nappearance ticket or summons is issued, to the address of the registrant\non file with the department or given to the person issuing the\nappearance ticket or summons. Whenever proceedings in a court or\nadministrative tribunal of this state result in a conviction for a\nviolation of this section, and the court or administrative tribunal has\nmade the mailing specified herein, the court or administrative tribunal\nshall levy a mandatory surcharge, in addition to any sentence or other\nsurcharge required or permitted by law, in the amount of thirty dollars.\nThis mandatory surcharge shall be paid to the clerk of the court or\nadministrative tribunal that rendered the conviction. Within the first\nten days of the month following collection of the mandatory surcharge by\na town or village court, the court shall pay such money to the state\ncomptroller who shall, pursuant to subdivision two of section\nninety-nine-a of the state finance law, credit such money to the account\nof the town or village which sent the mandatory surcharge. If such\ncollecting authority is any other court of the unified system or\nadministrative tribunal it shall, within such period, pay such money to\nthe state comptroller who shall deposit such money into the state\ntreasury. The provisions of this subdivision shall not apply to\nowner-operators of any motor vehicle or to any motor vehicle or trailer\nwhich is registered in the name of a person whose principal business is\nthe lease or rental of motor vehicles or trailers unless the motor\nvehicle or trailer is being operated by an employee of the registrant or\nfor a community of interest other than the lease or rental agreement\nbetween the parties to the lease or rental agreement.\n 21. The commissioner shall deposit daily the percentages listed below\nof all fees collected or received by the commissioner after March\nthirty-first, nineteen hundred ninety-three pursuant to certain\nregistration fees imposed by (a) paragraph a of subdivision six, (b) all\nschedules of subdivision seven and (c) paragraph a of subdivision eight\nof this section in a responsible bank, banking house or trust company,\nwhich shall pay the highest rate of interest to the state for such\ndeposit to the credit of the comptroller on account of the dedicated\nhighway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law. The commissioner shall so\ndeposit thirteen percent of all such registration fees so collected or\nso received after March thirty-first, nineteen hundred ninety-three,\nseventeen percent of all such registration fees so collected or so\nreceived after December thirty-first, nineteen hundred ninety-four,\ntwenty percent of all such registration fees so collected or so received\nafter December thirty-first, nineteen hundred ninety-five, twenty-eight\npercent of all such registration fees so collected or so received after\nMarch thirty-first, nineteen hundred ninety-eight, thirty-four percent\nof all such registration fees so collected or so received after June\nthirtieth, nineteen hundred ninety-eight, and forty-five and five-tenths\npercent of all such registration fees so collected or so received after\nJanuary thirty-first, nineteen hundred ninety-nine. Every bank, banking\nhouse or trust company that accepts such deposits shall execute and file\nin the office of the department of audit and control an undertaking to\nthe state, in the sum, and with such sureties, as are required and\napproved by the comptroller for the safe keeping and prompt payment on\nlegal demand therefor of all such moneys held by or on deposit in such\nbank, banking house, or trust company, with interest thereon on daily\nbalances at such rate as the comptroller may fix. Every such undertaking\nshall have endorsed thereon or annexed thereto the approval of the\nattorney general as to its form.\n The commissioner shall deposit daily the percentages listed below of\nall fees collected or received by the commissioner after March\nthirty-first, two thousand one pursuant to certain registration fees\nimposed by (a) paragraph a of subdivision six, (b) all schedules of\nsubdivision seven, and (c) paragraph a of subdivision eight of this\nsection in a responsible bank, banking house or trust company, which\nshall pay the highest rate of interest to the state for such deposit to\nthe credit of the comptroller on account of the dedicated highway and\nbridge trust fund established pursuant to section eighty-nine-b of the\nstate finance law and the dedicated mass transportation trust fund\nestablished pursuant to section eighty-nine-c of the state finance law\nand to distribute such deposit pursuant to the provisions of subdivision\n(d) of section three hundred one-j of the tax law. In addition to the\npercentages specified in the opening paragraph of this section, the\ncommissioner shall so deposit twenty-three and five-tenths percent of\nall such registration fees so collected or so received after March\nthirty-first, two thousand one and fifty-four and five-tenths percent of\nall such registration fees so collected or so received after March\nthirty-first, two thousand two. Every bank, banking house or trust\ncompany that accepts such deposits shall execute and file in the office\nof the department of audit and control an undertaking to the state, in\nthe sum, and with such sureties, as are required and approved by the\ncomptroller for the safe keeping and prompt payment on legal demand\ntherefor of all such moneys held by or in deposit in such bank, banking\nhouse or trust company, with interest thereon on daily balances at such\nrate as the comptroller may fix. Every such undertaking shall have\nendorsed thereon or annexed thereto the approval of the attorney general\nas to its form.\n Of the revenues so deposited, the comptroller shall retain in his\nhands such amount as the commissioner may determine to be necessary for\nrefunds or reimbursements of the fees collected or received pursuant to\n(a) paragraph a of subdivision six, (b) all schedules of subdivision\nseven and (c) paragraph a of subdivision eight of this section to which\nregistrants shall be entitled under the provisions of this article, out\nof which amount the commissioner shall pay any refunds or reimbursements\nof the fees collected or received pursuant to (a) paragraph a of\nsubdivision six, (b) all schedules of subdivision seven and (c)\nparagraph a of subdivision eight of this section to which registrants\nshall be entitled under such provisions. The comptroller, after\nreserving the amount to pay such refunds or reimbursements, shall, on or\nbefore the last day of each month, deposit the balance of the revenue so\ndeposited during such month into the dedicated highway and bridge trust\nfund established pursuant to section eighty-nine-b of the state finance\nlaw and the dedicated mass transportation trust fund established\npursuant to section eighty-nine-c of the state finance law.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in\nparagraph a of subdivision six of this section in effect on and after\nSeptember first, two thousand nine and the registration fees set forth\nin such paragraph in effect prior to such date shall be deposited to the\ncredit of the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nA of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nB of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nC of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nE of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nF of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nG of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nI of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in\nsubdivision eight of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nsubdivision in effect prior to such date shall be deposited to the\ncredit of the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\nregistration fees collected pursuant to subdivisions two, six and eight\nof section four hundred twenty of this title shall be deposited pursuant\nto the provisions of this subdivision; provided, however, the difference\ncollected between the registration fees set forth in such subdivisions\ntwo, six and eight in effect on and after September first, two thousand\nnine and the registration fees set forth in such subdivisions in effect\nprior to such date shall be deposited to the credit of the dedicated\nhighway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, the\nregistration fees collected pursuant to paragraph (b) of subdivision\nthree of section twenty-two hundred sixty-one of this chapter shall be\ndeposited pursuant to the provisions of this subdivision; provided,\nhowever, the difference collected between the registration fees set\nforth in paragraph (b) of subdivision three of section twenty-two\nhundred sixty-one of this chapter in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nparagraph in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n Notwithstanding any inconsistent provision of this section, eleven\ndollars and fifty cents of the registration fees collected pursuant to\nparagraph (a) of subdivision five of section four hundred ten of this\ntitle shall be deposited pursuant to this subdivision. Three dollars and\nfifty cents of such fees collected in relation to applications for new\nregistrations and renewals of existing registrations expiring on and\nafter September first, two thousand nine shall be deposited to the\ncredit of the dedicated highway and bridge trust fund. Two dollars and\nfifty cents of such registration fees shall be deposited into the\nmotorcycle safety fund established pursuant to section ninety-two-g of\nthe state finance law.\n 22. The commissioner shall not register any altered motor vehicle that\nfails to comply, as demonstrated to the satisfaction of the\ncommissioner, with the certification requirements established by Part\n567 of title 49 of the code of federal regulations for altered vehicles.\n 23. The commissioner shall revoke the registration of any altered\nmotor vehicle which fails to comply with the certification requirements\nof Part 567 of title 49 of the code of federal regulations, as\ndetermined by the commissioner, and refund to or credit the account of\nany person who paid a registration fee for an altered motor vehicle, the\npro rata unused portion of such registration fee.\n