§ 402 — Distinctive number; form of number plates; trailers

New York § 402

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

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§ 402. Distinctive number; form of number plates; trailers. 1. (a) No\nperson shall operate, drive or park a motor vehicle on the public\nhighways of this state unless such vehicle shall have a distinctive\nnumber assigned to it by the commissioner and a set of number plates\nissued by the commissioner with a number and other identification matter\nif any, corresponding to that of the certificate of registration\nconspicuously displayed, one on the front and one on the rear of such\nvehicle, each securely fastened so as to prevent the same from swinging\nand placed, whenever reasonably possible, not higher than forty-eight\ninches and not lower than twelve inches from the ground; provided,\nhowever, that in any registration year for which only one number plate\nis issued, such number plate shall constitute a set of number plates for\nthe time in which such use is authorized, shall be displayed on the rear\nof the vehicle and none shall be displayed on its front, except in case\nof a tractor, when such number plate shall be displayed on the front of\nthe vehicle and none shall be displayed on its rear.\n (b) (i) Number plates shall be kept clean and in a condition so as to\nbe easily readable.\n (ii) Number plates shall not be knowingly covered or coated with any\nmaterial or substance that conceals or obscures such number plates or\nthat distorts a recorded or photographic image of such number plates.\n (ii-a) Number plates shall not be covered by glass or any plastic\nmaterial, nor shall they be covered with a material appearing to be a\nnumber plate for display as proof of lawful registration but which has\nnot been lawfully issued by the commissioner, the commissioner's agent,\nor the equivalent official or agents from another state, territory,\ndistrict, province, nation or other jurisdiction.\n (iii) The view of such number plates shall not be obstructed by any\npart of the vehicle or by anything carried thereon, except for a\nreceiver-transmitter issued by a publicly owned tolling facility in\nconnection with electronic toll collection when such\nreceiver-transmitter is affixed to the exterior of a vehicle in\naccordance with mounting instructions provided by the tolling facility.\n 2. Such number plates shall be of such material, form, design and\ndimensions and contain or set forth such distinguishing number or other\nidentification marks as the commissioner shall prescribe, provided,\nhowever, that there shall be at all times a marked contrast between the\ncolor of the number plates and that of the numerals or letters thereon,\nand provided further that no vehicle shall display the number plates of\nmore than one state at a time except where the vehicle is required to be\nregistered in more than one state, and provided further that the number\nplates of a rental vehicle shall not display any indication of the\nrental status of such vehicle nor shall any plate be used other than\nthose issued by the commissioner.\n 3. No person shall operate or drive a motor vehicle drawing a trailer\non the public highways of the state, unless such trailer shall have a\ndistinctive number assigned to it by the commissioner and a number plate\nissued by such commissioner with a number corresponding to that of the\ncertificate of registration displayed and fastened on the rear in the\nmanner provided for number plates on the rear of a motor vehicle. The\nprovisions of subdivision two of this section relating to number plates\nfor motor vehicles shall apply to number plates for any such trailer.\nThe provisions of this subdivision shall not apply when a newly\nconstructed trailer is being drawn to or from a weighing station solely\nfor the purpose of determining the weight thereof.\n 4. No person shall operate or drive a motor vehicle upon the public\nhighways of this state having displayed thereon number plates not proper\nfor such vehicle under the provisions of this chapter and, upon a\nconviction for this offense, the number plates shall be surrendered to\nthe court for delivery to the commissioner. The failure to produce the\ncertificate of registration or registration renewal stub of a vehicle\nshall be presumptive evidence of displaying number plates not proper for\nthe vehicle. Every annual number plate issued shall remain the property\nof the state until the correct registration fee is paid. Every number\nplate of a permanent nature for use with a removable date tag which\nshall be issued shall remain the property of the state unless and until\nthe commissioner finds that the state no longer has use for it. Number\nplates belonging to the state shall be under the control of the\ncommissioner.\n 5. No person shall knowingly authorize or permit a number plate issued\nfor a motor vehicle or trailer owned and registered by him to be\ndisplayed on any motor vehicle or trailer other than a motor vehicle or\ntrailer to which such number plate has been assigned by the\ncommissioner, or upon which such number plate may legally be displayed\nunder a temporary certificate of registration issued by a dealer under\nthe provisions of section four hundred twenty of this chapter.\n 6. No owner shall knowingly cause or permit a vehicle owned by him to\nbe operated, driven or parked upon the public highways of this state in\nviolation of this section. Any violation of this section that occurs\nwhile a motor vehicle is parked on the public highways of this state\nshall constitute a parking violation.\n 7. It shall be unlawful for any person, firm, partnership,\nassociation, limited liability company or corporation to sell, offer for\nsale or distribute any:\n (a) artificial or synthetic material or substance for the purpose of\napplication to a number plate that will, upon application to a number\nplate, distort a recorded or photographic image of such number plate; or\n (b) plate cover, material or device for the purpose of installation\non, near or around a number plate that will, upon installation on, near\nor around a number plate, obstruct or obscure all or any part of the\ndistinguishing number or other identification marks of such number\nplate; or\n (c) a material appearing to be a number plate for display as proof of\nlawful registration but which has not been lawfully issued by the\ncommissioner, the commissioner's agent, or the equivalent official or\nagents from another state, territory, district, province, nation or\nother jurisdiction.\n 8. A violation of this section shall be punishable by a fine of not\nless than twenty-five nor more than two hundred dollars, except that:\n (a) A violation of subparagraph (ii), subparagraph (ii-a) or\nsubparagraph (iii) of paragraph (b) of subdivision one of this section\nshall be punishable by a fine of not less than one hundred nor more than\nfive hundred dollars.\n (b) A person convicted of a violation of subparagraph (ii-a) of\nparagraph (b) of subdivision one of this section shall surrender the\nglass or plastic covering or material appearing to be a number plate, as\napplicable, to the court or administrative tribunal for delivery to the\ncommissioner.\n (c) Upon conviction of a violation of subparagraph (ii) of paragraph\n(b) of subdivision one of this section, the court or administrative\ntribunal having jurisdiction may, in addition to any penalty that may be\nimposed for such violation, order the removal of any material or\nsubstance that conceals or obscures such number plates or the\nreplacement of such number plates.\n