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This entry was published on 2015-11-13
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SECTION 250
Exemption of non-resident owners and operators
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 2, ARTICLE 3
§ 250. Exemption of non-resident owners and operators. 1. Except as
otherwise provided in subdivision three of this section, the provisions
of this chapter relative to the registration and equipment of motor
vehicles, motorcycles and trailers and the display of registration
numbers shall not apply to a motor vehicle, motorcycle or trailer owned
by a non-resident of this state, provided that the owner thereof shall
have complied with the provisions of the law of the foreign country,
state, territory or federal district of his residence relative to
registration and equipment of such motor vehicle, motorcycle or trailer,
as the case may be, and the display of registration numbers thereon, and
shall conspicuously display his registration numbers as required
thereby. However, except for a vehicle owned by a person who has
obtained a waiver pursuant to the provisions of paragraph b of
subdivision three of this section, with respect to such vehicle, the
provisions of this subdivision shall be operative as to a motor vehicle,
motorcycle or trailer owned by a non-resident of this state only to the
extent that under the laws of the foreign country, state, territory or
federal district of his residence like exemptions and privileges are
granted to motor vehicles, motorcycles and trailers duly registered
under the laws of and owned by residents of this state.

A person, firm, association or corporation having a place of business
in a foreign country, state, territory or federal district and owning a
motor vehicle, motorcycle or trailer used in connection with and garaged
at such place of business which such owner is compelled to register in
such foreign jurisdiction shall be deemed a resident of such foreign
jurisdiction and a non-resident of this state within the meaning of this
subdivision for the purpose of enjoying the privileges of this
subdivision with respect to such vehicle.

In case a non-resident becomes a resident of this state, he shall be
entitled for a period not exceeding thirty days from the date he becomes
a resident to the same exemption from registering his vehicles in this
state as he would have enjoyed had he remained a non-resident.

2. A person of the age of sixteen years and upwards who shall be a
nonresident of this state, and a resident of a state, territory, federal
district or foreign country having laws, with which such person has
complied, which require such person, in order to operate a motor vehicle
or motorcycle therein, to be licensed, may operate or drive a motor
vehicle or motorcycle on the public highways of this state without being
so licensed under this chapter, provided, however, that the recognition
granted under this subdivision shall, with respect to a person under the
age of eighteen years, only permit the operation of a motor vehicle or
motorcycle in this state in accordance with the same restrictions
imposed upon New York residents operating or driving motor vehicles or
motorcycles with class DJ or MJ licenses under subdivision three of
section five hundred one of this chapter. A nonresident entitled to
operate a motor vehicle or motorcycle as herein provided who shall
become a resident of this state may operate or drive a motor vehicle or
motorcycle on the public highways of this state for a period not
exceeding thirty days from the date he becomes a resident pending the
obtaining of a license to operate such motor vehicle or motorcycle in
this state. The exemption granted in this subdivision shall not apply to
persons whose privilege of operating a motor vehicle in this state, or
whose former license to drive in this state, has been suspended or
revoked, until such suspension or revocation has been terminated or
privilege of operating a motor vehicle restored.

3. (a) The exemptions provided in subdivisions one and four of this
section shall not apply to a motor vehicle, motorcycle or trailer, other
than a semitrailer drawn by a tractor registered in this state which is
operated on any public highway of this state to transport persons or
property for hire or profit from one point in this state to another
point in this state or which is operated in doing any work performed
under a contract for a public improvement to which the state, a
municipal corporation, a school district or a commission appointed
pursuant to law is a party, except to transport machinery, tools or
other plant equipment to be used in the performance of such a contract;
provided, however, that the mere makeup or breakup of a tandem trailer
combination on the New York state thruway shall not, with respect to the
tractor hauling such tandem trailer combination, constitute, in and of
itself, a point in this state for the purpose of determining whether
there has been a transportation of property for hire or profit from one
point in this state to another point in this state; provided, further,
however, that the transportation by any tractor not registered in the
state of New York of a trailer carrying property for profit, placed
thereon within this state and consigned for delivery herein, shall be
prohibited.

(b) The commissioner may, in his discretion, waive the provisions of
this subdivision with respect to any motor vehicle, motorcycle, trailer
or semitrailer, duly registered in another state, territory, federal
district or foreign country, provided that the owner thereof has
registered annually in this state a number of vehicles equal to or in
excess of the average number of vehicles said owner will have available
annually in this state for hire or operation therein. The commissioner
is hereby authorized and empowered to adopt and amend rules and
regulations to effectuate the provisions of this paragraph. Such
regulations may include a requirement that the owner file annually and
at such time and in such manner as shall be prescribed by the
commissioner, a sworn statement including, but not limited to the
following information: (1) the owner's total number of motor vehicles,
motorcycles, trailers and/or semitrailers registered in Canada and the
United States; (2) the owner's total annual registration of such
vehicles in this state; and (3) the total number of such vehicles which
are rented, leased or used in this state for the preceding twelve month
period or in the absence of any past experience, the total anticipated
number of such vehicles that will be rented, leased or used in this
state. Nothing herein contained shall be construed as requiring the
granting of the waiver authorized by this paragraph.

(c) The provisions of paragraph (a) of this subdivision, insofar as
they require display of number plates issued by the commissioner, shall
not apply to any motor vehicle, other than a bus, which is duly
registered in another state and displays registration and number plates
as required by that state, which registration and number plates permit
the transportation of persons for-hire within that state, provided the
registrant has been issued a registration for such motor vehicle by the
commissioner, has paid the appropriate annual fee as provided in
schedule C of subdivision seven of section four hundred one of this
chapter and displays proof of such registration on such vehicle in
accordance with regulations promulgated by the commissioner.
Notwithstanding any other provision of this chapter, the commissioner
need not issue number plates to the registrant when issuing a
registration intended to secure the authorization for operation within
this state as provided by this paragraph.

4. a. The provisions of this chapter relative to the registration of
motor vehicles, motorcycles and trailers and the display of registration
numbers shall not apply to a motor vehicle, motorcycle or trailer owned
by a non-resident of the state who is a seasonal farm laborer, for a
period extending from the first day of April to and including the
thirtieth day of November in each year, provided that the owner thereof
shall have complied with the provisions of the law of the foreign
country, state, territory or federal district of his residence relative
to registration of such motor vehicle, motorcycle or trailer, as the
case may be, and the display of registration numbers thereof, and
provided further that the owner thereof shall furnish proof to the
commissioner that such owner has in effect with respect to such motor
vehicle an automobile liability policy issued by an insurance company
authorized to do business in this state or by an unauthorized insurer
authorized to transact business in the jurisdiction of his residence in
at least the amount of twenty-five thousand dollars because of bodily
injury to or fifty thousand dollars because of death of one person in
any one accident and, subject to said limit for one person, in at least
the amount of fifty thousand dollars because of bodily injury to or one
hundred thousand dollars because of death of two or more persons in any
accident, and in at least the amount of ten thousand dollars because of
injury to or destruction of property of others in any one accident.

b. Upon filing of such proof of financial security, the commissioner
shall issue to the owner of said motor vehicle, motorcycle or trailer,
upon payment of a fee of two dollars, a certificate, which certificate
shall be affixed to a prominent place on the interior of said motor
vehicle, motorcycle or trailer, and shall bear the following
information: (1) name and address of the owner of said motor vehicle,
motorcycle or trailer, (2) make and year of said motor vehicle,
motorcycle or trailer, (3) state of registration and registration number
thereof, (4) date of expiration of the exemption period provided in this
subdivision and (5) such other information as the commissioner may
direct.

c. The exemption provided in this subdivision shall in no way affect
the non-resident status of the owner of said motor vehicle, motorcycle
or trailer and he shall be subject to the provisions of all other laws,
rules, codes and regulations with respect to the ownership and/or
operation by a non-resident of a motor vehicle, motorcycle or trailer in
this state. However, all said motor vehicles, motorcycles and trailers
shall be subject to the provisions of article five of this chapter in
the same manner as if they are registered in this state.

d. A non-resident of the state who is a seasonal farm laborer shall be
entitled to a period not exceeding thirty days from the date of his
entrance into the state within which to file proof of financial security
and pay the fee required and secure the certificate authorized in
paragraph b of subdivision four of this section, provided, however, that
the limitations contained in subdivision three of this section shall be
applicable until such time as the certificate authorized in paragraph b
of this subdivision is obtained.

5. As used in this section, the term "resident" shall mean
domiciliary, that is, one who lives in this state with the intention of
making it a fixed and permanent abode. It shall be presumptive evidence
that a person who maintains a place of abode in this state for a period
of at least ninety days is a resident of this state.