§ 428 — Refunds

§ 428. Refunds. 1. Any fee paid for the registration of a vehicle\nunder the provisions of this chapter shall be refunded, less the sum of\none dollar, provided that the commissioner and the state comptroller are\nsatisfied that the registration has not been used and the number plates\nand sticker have been surrendered to the commissioner within two months\nafter the date the fee was paid or the beginning of the registration\nperiod for which the registration was issued, whichever comes later and\napplication therefor is filed with the commissioner within the period of\nvalidity for which such registration was issued.\n 1-a. Notwithstanding the provisions of subdivision one of this\nsection, if a registration is issued for a period of not less than two\nyears pursuant to paragraph c of subdivision five of section four\nhundred one of this chapter, the registration fee paid for the period\ncommencing after the first twelve month period of such registration\nshall be refunded less the sum of one dollar provided the number plates\nare surrendered to the commissioner before the end of the first twelve\nmonth period of such registration and application therefor is filed with\nthe commissioner within two months from the expiration of the first\ntwelve month period of such registration.\n 1-b. The commissioner is directed to make public notification that\nregistration fees shall be refunded and to send by first class mail a\nwritten notice and an application for refund of any registration fees to\nany person entitled to a registration fee refund according to\nsubdivision one-a of this section that has been unable to obtain a\nregistration fee refund during the period commencing September first,\nnineteen hundred ninety-seven and ending June thirtieth, nineteen\nhundred ninety-eight. Such written notice shall advise such person that\na registration fee shall be refunded after an application for refund is\nfiled with the commissioner. Such public notification shall be made\nthrough such newspapers throughout all regions of the state as may be\ndesignated by the commissioner.\n No application for a refund of registration fees shall be denied\nbecause of the failure to file an application therefor within two months\nof the expiration date of the first twelve month period of such\nregistration if such registration was surrendered between September\nfirst, nineteen hundred ninety-seven and June thirtieth, nineteen\nhundred ninety-eight and the applicant therefor has not received credit\nfor such registration fees pursuant to section four hundred twenty of\nthe vehicle and traffic law.\n 2. Upon the surrender to the commissioner of the number plates or\nplate issued for a vehicle registered under the provisions of this\nchapter and the furnishing of proof satisfactory to the commissioner and\nthe state comptroller that the owner of the vehicle entered the armed\nforces of the United States after such vehicle was registered, and that\nthe registration of such vehicle is in full effect, there shall be\nrefunded to such owner, or to such person as he shall designate in\nwriting, a sum equal to as many twelfths of the fee paid for the\nregistration of the vehicle as there are full calendar months in the\nregistration year following the date of the receipt of the number plates\nor plate, less the sum of one dollar.\n 3. Where a refund of any part of a registration fee is made pursuant\nto the foregoing provisions of this section, the registration shall\nthereupon be automatically cancelled.\n 4. The application fee accompanying an accepted application for a\ndriver's license shall in no case be refunded.\n 5. Money paid for fees in excess of the amounts required by law may be\nrefunded subject to approval of the commissioner and the state\ncomptroller, provided application therefor is filed with the\ncommissioner within one year after the date the fee was paid or, with\nrespect to fees paid for a registration, on or before the expiration of\nthe registration for which such fee was paid, whichever occurs later.\n