S T A T E O F N E W Y O R K
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2184
2011-2012 Regular Sessions
I N A S S E M B L Y
January 14, 2011
___________
Introduced by M. of A. REILICH -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certain
motor vehicle requirements for the registration of motor vehicle title
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 2102 of the vehicle and traffic
law, as amended by chapter 262 of the laws of 1978, paragraph 2 as
amended by chapter 169 of the laws of 1996, paragraph 3 as amended by
chapter 160 of the laws of 1989, paragraph 8 as amended by chapter 602
of the laws of 1986, paragraph 11 as amended by chapter 905 of the laws
of 1983, paragraph 12 as amended and paragraph 13 as added by chapter
484 of the laws of 1985, paragraphs 14 and 15 as amended and paragraph
16 as added by chapter 142 of the laws of 1986, paragraph 17 as amended
and paragraph 18 as added by chapter 135 of the laws of 1991, and para-
graph 19 as added by chapter 322 of the laws of 1993, is amended to read
as follows:
(a) The following are excluded from the provisions of this title:
(1) A vehicle owned by the United States unless it is registered in
this state;
(2) A vehicle owned by a manufacturer or dealer and held for sale,
even though incidentally moved on the highway or used for purposes of
testing or demonstration; or a vehicle used by a manufacturer solely for
testing other than: (i) a vehicle registered by a dealer or manufactur-
er, or (ii) a vehicle for which a physical examination is required under
section four hundred thirty of this chapter before a certificate of
title may be issued, or (iii) a vehicle held for sale by a dealer which
was purchased by the dealer as a result of sale upon repossession or a
sale by a sheriff or marshall to satisfy a judgment, or (iv) a vehicle
held for sale by a dealer for which a certificate of title containing an
error attributable to processing by the department has been issued, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03953-01-1
A. 2184 2
(v) a vehicle held for sale by a dealer for which ordinarily acceptable
proof of ownership cannot be obtained by the dealer with reasonable
diligence but for which a certificate of title would ordinarily be
issued upon the filing of a bond with the commissioner as prescribed in
subdivision (d) of section twenty-one hundred five of this article, or
(vi) a vehicle for which a manufacturer or dealer has submitted a notice
of repurchase as required by subdivision two of section four hundred
seventeen-a of this chapter and regulations of the commissioner, or
(vii) a vehicle held for sale by a dealer which was purchased by a deal-
er as the result of a sale by a police department, or (viii) a vehicle
held for sale by a dealer which was purchased by a dealer as the result
of a sale by the United States government;
(3) A vehicle owned by a non-resident of this state and not required
by law to be registered in this state provided, however, that a certif-
icate of title may be issued to such a non-resident for a vehicle
purchased by or transferred to such non-resident as a result of a sale
after repossession, or a sale by a sheriff or marshall to satisfy a
[judgement] JUDGMENT, or a sale to foreclose a garageman's lien,
provided such sale was held in this state, or a result of the settlement
of an estate of a deceased if such settlement is pursuant to the
estates, powers and trusts law of this state or a sale by a police
department, provided such sale was held in this state;
(4) A vehicle regularly engaged in the interstate transportation of
persons or property for which a currently effective certificate of title
has been issued in another state;
(5) A vehicle moved solely by animal power;
(6) An implement of husbandry;
(7) Special mobile equipment;
(8) A self-propelled wheel chair or an adapted tricycle operated or
driven by a person with a disability;
(9) A pole trailer or a trailer with an unladen weight of less than
one thousand pounds;
(10) [A vehicle manufactured prior to July first, nineteen hundred
seventy-two and designated by the manufacturer as being a nineteen
hundred seventy-two or earlier model year vehicle, and any vehicle manu-
factured or assembled prior to January first, nineteen hundred seventy-
three for which the manufacturer or assembler has not designated a model
year;
(11)] Snowmobiles, off-highway motorcycles and limited use motorcy-
cles;
[(12)] (11) A motor vehicle set off to a surviving spouse or surviving
minor child pursuant to section 5-3.1 of the estates, powers and trusts
law until an application for registration is made by such survivor or
until after the survivor transfers the vehicle, in which case the trans-
feree must apply for a certificate of title;
[(13)] (12) A vessel not required to be registered in this state and
which is not registered in this state;
[(14)] (13) A vessel designated by the manufacturer as being a nine-
teen hundred eighty-six or earlier model year vessel and any vessel
manufactured or assembled prior to August first, nineteen hundred eight-
y-six for which the manufacturer or assembler has not designated a model
year;
[(15)] (14) Any vessel having a valid marine document issued by the
United States or a foreign government;
[(16)] (15) Any vessel under fourteen feet in length;
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[(17)] (16) A vehicle owned or leased by the state of New York and
regularly utilized or intended to be utilized for undisclosed or under-
cover law enforcement purposes;
[(18)] (17) A vehicle owned by a non-resident of this state for which
a currently effective certificate of title has been issued in another
state and which is leased to a resident of, and registered in, this
state.
[(19)] (18) A mobile home or a manufactured home, manufactured prior
to July first, nineteen hundred ninety-four and designated by the
manufacturer as being a nineteen hundred ninety-four or earlier model
year mobile home or manufactured home, and any mobile home or manufac-
tured home manufactured or assembled prior to January first, nineteen
hundred ninety-four for which the manufacturer has not designated a
model year.
S 2. The commissioner of motor vehicles, as part of the motor vehicle
registration renewal process, shall notify affected motor vehicle owners
about such new title requirements.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
motor vehicle registration renewals occurring on or after such date.