S T A T E O F N E W Y O R K
________________________________________________________________________
8057
2019-2020 Regular Sessions
I N A S S E M B L Y
May 31, 2019
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the issuance of number plates to manufacturers of motor vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 415 of the vehicle and traffic
law, as amended by chapter 7 of the laws of 2000, is amended to read as
follows:
4. Number plates. A dealer, MANUFACTURER, or other person, qualifying
for limited use of motor vehicles, motorcycles or trailers under subdi-
visions two and three of this section, shall be entitled to receive one
or more sets of number plates for display thereon as the commissioner
may determine, upon payment of the required fee for each set. Number
plates issued to dealers under this section shall bear distinctive marks
to distinguish them from MANUFACTURER AND transporter plates to be
issued to other persons qualifying under this section. NUMBER PLATES
ISSUED TO MANUFACTURERS UNDER THIS SECTION SHALL BEAR DISTINCTIVE MARKS
TO DISTINGUISH THEM FROM DEALER AND TRANSPORTER PLATES TO BE ISSUED TO
OTHER PERSONS QUALIFYING UNDER THIS SECTION. A set of number plates
shall consist of two plates in the case of a motor vehicle and one plate
in the case of a motorcycle or trailer; provided, however, that the
commissioner, in his OR HER discretion, may issue, for any registration
year, only one number as a set for a motor vehicle, in which event a set
of number plates for a motor vehicle shall consist of one plate.
§ 2. Subdivision 6 of section 415 of the vehicle and traffic law, as
amended by section 5 of chapter 28 of the laws of 2018, is amended to
read as follows:
6. Fees. Every original application for registration as a dealer,
automobile broker or transporter shall be accompanied by an application
fee of thirty-seven dollars and fifty cents, which shall in no event be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10059-05-9
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refunded. The annual fee for registration as a dealer, automobile broker
or transporter or for renewal thereof shall be two hundred twenty-five
dollars. The annual fee for any other registration under this section
shall be fifty dollars. However, the commissioner may, in his OR HER
discretion, issue a renewal of either registration for a period of two
years. The fee for a two-year renewal shall be twice the annual fee. The
annual fee for dealer, MANUFACTURER, or transporter number plates shall
be twenty dollars for each set. If the commissioner issues to dealers a
document which is required to be used by a dealer to sell or transfer a
vehicle, the fee for the issuance of each such document shall be five
dollars. There shall be no refund of registration fee or fees for
number plates in the event of suspension, revocation or voluntary
cancellation of registration. The fee for any such transfer document
issued by the commissioner shall be refunded only upon the surrender of
such document upon voluntary cancellation of registration.
§ 3. Subdivision 6 of section 415 of the vehicle and traffic law, as
amended by section 6 of chapter 28 of the laws of 2018, is amended to
read as follows:
6. Fees. Every original application for registration as a dealer,
automobile broker or transporter shall be accompanied by an application
fee of twenty-five dollars, which shall in no event be refunded. The
annual fee for registration as a dealer, automobile broker or transpor-
ter or for renewal thereof shall be one hundred fifty dollars. The
annual fee for any other registration under this section shall be fifty
dollars. However, the commissioner may, in his OR HER discretion, issue
a renewal of either registration for a period of two years. The fee for
a two-year renewal shall be twice the annual fee. The annual fee for
dealer, MANUFACTURER, or transporter number plates shall be twenty
dollars for each set. If the commissioner issues to dealers a document
which is required to be used by a dealer to sell or transfer a vehicle,
the fee for the issuance of each such document shall be one dollar.
There shall be no refund of registration fee or fees for number plates
in the event of suspension, revocation or voluntary cancellation of
registration. The fee for any such transfer document issued by the
commissioner shall be refunded only upon the surrender of such document
upon voluntary cancellation of registration.
§ 4. Subdivision 8 of section 415 of the vehicle and traffic law, as
amended by chapter 7 of the laws of 2000, is amended to read as follows:
8. Use. Transporter number plates issued under this section shall be
used only for the limited operation of vehicles owned or controlled by
the registrant for the purpose of weighing, testing, dismantling, trans-
porting or delivering the same, or for the purpose of moving such vehi-
cles in connection with making installations thereon or improvements
thereto, or the repossession or foreclosure thereof, or for the opera-
tion, for demonstration purposes, of any vehicle owned by a manufactur-
er, or for transporting or delivering the vehicle upon which the plates
are displayed and additional vehicles carried in whole or in part upon
such vehicle.
Except as provided in section four hundred sixteen of this article,
dealer number plates issued under this section may be used for all
purposes for which transporter plates may be used and, in addition, may
be used for the operation of any vehicle owned or controlled by the
registrant and held for sale or demonstration, except a vehicle rented
to another, a vehicle used to transport passengers for hire, a vehicle
commonly called a "tow truck" or "wrecker" and used by the dealer for
such purposes, a vehicle equipped for the purpose of towing or pushing
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disabled or nonoperated vehicles or a commercial or suburban type vehi-
cle used by the dealer for commercial purposes other than directly
affecting the sale or demonstration of that particular vehicle. In addi-
tion, dealer, MANUFACTURER, or transporter number plates may be used for
any non-self-propelled device used for the transport of modular homes.
EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED SIXTEEN OF THIS ARTICLE,
MANUFACTURER NUMBER PLATES ISSUED UNDER THIS SECTION MAY BE USED FOR ALL
PURPOSES FOR WHICH TRANSPORTER PLATES MAY BE USED AND, IN ADDITION, MAY
BE USED FOR THE OPERATION OF ANY VEHICLE OWNED OR CONTROLLED BY THE
REGISTRANT AND HELD FOR DEMONSTRATION, EXCEPT A VEHICLE RENTED TO ANOTH-
ER, A VEHICLE USED TO TRANSPORT PASSENGERS FOR HIRE, A VEHICLE COMMONLY
CALLED A "TOW TRUCK" OR "WRECKER" AND USED BY THE MANUFACTURER FOR SUCH
PURPOSES, A VEHICLE EQUIPPED FOR THE PURPOSE OF TOWING OR PUSHING DISA-
BLED OR NONOPERATED VEHICLES OR A COMMERCIAL OR SUBURBAN TYPE VEHICLE
USED BY THE MANUFACTURER FOR COMMERCIAL PURPOSES OTHER THAN DIRECTLY
AFFECTING THE DEMONSTRATION OF THAT PARTICULAR VEHICLE.
Dealer, MANUFACTURER, or transporter number plates issued upon renewal
of a dealer, MANUFACTURER, or transporter registration may be used
during the thirty day period immediately preceding the expiration date
of such registration, including such expiration date.
§ 5. Subdivision 11 of section 415 of the vehicle and traffic law, as
amended by chapter 7 of the laws of 2000, is amended to read as follows:
11. Following the suspension or revocation of the certificate of
registration of a dealer, MANUFACTURER, or transporter or number plates,
pursuant to this section, the failure of the holder or any other person
possessing the certificate of registration, number plates or certif-
icates of sale issued to a dealer pursuant to the regulations of the
commissioner, to deliver the same to the suspending or revoking officer,
peace officer acting pursuant to his OR HER special duties, police offi-
cer directed by the commissioner to secure possession thereof, or agent
of the commissioner, displaying authorization to act in such capacity
along with a certified copy of the order revoking or suspending such
registration or number plates, shall be a misdemeanor.
If any person shall fail to deliver a certificate of registration,
number plates or certificates of sale as provided herein, the commis-
sioner shall forthwith direct any peace officer acting pursuant to his
OR HER special duties or police officer to secure possession thereof and
to return the same to the commissioner.
§ 6. Subdivision 15 of section 415 of the vehicle and traffic law, as
amended by chapter 7 of the laws of 2000, is amended to read as follows:
15. Miscellaneous provisions. The commissioner may, in his OR HER
discretion, limit the number of sets of number plates which shall be
issued to any registrant. The provisions of subdivision three of section
four hundred one of this [chapter] TITLE with respect to the fee for
lost, mutilated or destroyed certificates and number plates shall apply
to certificates and number plates issued under this section.
In the event of the loss or theft of any dealer, MANUFACTURER, or
transporter number plate or set of such number plates whether with or
without a date tag or tags, or any date tag or set of date tags, the
dealer OR MANUFACTURER must immediately notify the police of such fact
and in the event of loss, theft, mutilation or destruction of any such
items the dealer OR MANUFACTURER must immediately file a statement and
proof of the facts as the commissioner shall require. The provisions of
section four hundred two and four hundred eleven of this [chapter] TITLE
with respect to the care and display of number plates shall apply to
number plates issued under this section. Registration under this
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section shall be upon the condition that the registrant shall conform to
such reasonable requirements as shall be prescribed by the commissioner.
The commissioner may, in his OR HER discretion, require a registrant
to maintain a record in a prescribed form of all vehicles received or
disposed of by him OR HER, which records shall be open at all times for
inspection by the commissioner, his OR HER representatives and any peace
officer, acting pursuant to his OR HER special duties, or police offi-
cer.
If registration under this section shall be issued in the names of two
or more persons as partners and a change occurs in the membership of
such partnership, the registration shall not expire so long as any one
of the persons named in such registration is a member of the partnership
or carries on the business of the partnership as surviving member of the
partnership. However, when any such change occurs and the registration
does not expire, the partners or surviving member after such change
shall forthwith file with the commissioner a statement regarding such
partnership in such form and giving such information as the commissioner
shall require, and the commissioner shall issue a new certificate of
registration.
§ 7. Section 416 of the vehicle and traffic law, as amended by chapter
36 of the laws of 1973, is amended to read as follows:
§ 416. Limited use of dealer's, MANUFACTURER'S, and transporter's
number plates by vendee or lessee. Upon the sale or lease of a motor
vehicle or motorcycle the vendee or lessee shall be allowed to operate
the same upon the public highways for the period of five days after
taking possession thereof, without carrying number plates issued upon a
registration under section four hundred one, if a motor vehicle, or
under section four hundred ten, if a motorcycle, provided the motor
vehicle or motorcycle shall have attached thereto and displayed thereon,
in the manner therein provided, a set of dealer's, MANUFACTURER'S, or
transporter's number plates issued to the vendor or lessor under section
four hundred fifteen, and if a proper application for registration and
number plates for such vehicle, under the provisions of section four
hundred one or four hundred ten OF THIS TITLE, as the case may be, shall
have been mailed or presented to the commissioner, or agent, accompanied
with the payment of the required fee within twenty-four hours after he
OR SHE has taken possession thereof. If the motor vehicle or motorcycle
is to be registered in a jurisdiction other than the state of New York,
the requirement for filing or presenting such application shall not
apply.
No person shall operate or drive upon the public highways any motor
vehicle or motorcycle on which is fastened or displayed any such deal-
er's, MANUFACTURER'S, or transporter's number plates after a sale or
lease of such vehicle by the dealer or lessor, except in compliance with
the foregoing provisions.
A vendee or lessee to whom number plates are delivered or by whom they
are held under the provisions of this section shall return the same, and
the accompanying registration certificate, to the dealer or lessor
before the expiration of six days after he OR SHE took possession of the
motor vehicle or motorcycle purchased or leased. If number plates so
delivered or held, or such certificate, are not returned within the time
above limited, the dealer or lessor shall immediately notify the commis-
sioner of that fact by mail, describing the plates according to the
general and distinctive numbers and characters thereon.
The provisions of this section shall apply also to the sale or lease
of a trailer and to the use by the vendee or lessee of dealer's,
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MANUFACTURER'S, or transporter's number plates on the trailer sold or
leased, and for the purpose of applying such provisions a trailer shall
be deemed to be a motor vehicle.
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the amendments to
subdivision 6 of section 415 of the vehicle and traffic law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 13 of part U1 of chapter 62 of
the laws of 2003, as amended, when upon such date the provisions of
section three of this act shall take effect. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.