Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 420-A
Dealer issued temporary registration
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 4, ARTICLE 17
§ 420-a. Dealer issued temporary registration. 1. Where a dealer
having a registration under the provisions of section four hundred
fifteen of this chapter sells or transfers a vehicle, he may issue a
temporary registration for such vehicle, which registration shall
permit, such vehicle to be operated as a duly registered vehicle for a
period of thirty days from the date of issuance, other provisions of
this chapter notwithstanding. Such temporary registration may be
extended by the commissioner for an additional thirty days and shall
consist of a form or forms which shall be obtained from the commissioner
by the dealer, and executed, issued and displayed in accordance with the
provisions of this section and in such manner as the commissioner shall
prescribe.

2. A qualified dealer may obtain temporary registrations to be issued
in accordance with the provisions of this section by applying to the
commissioner and paying a fee of five dollars for each such temporary
registration. The commissioner may limit the number of temporary
registrations given to a dealer at any one time or the number of
unissued temporary registrations in the possession of a dealer at one
time.

3. A qualified dealer may issue a temporary registration under this
section only to a person to whom he has sold or transferred a vehicle.
Such a temporary registration may not be issued for a vehicle which is
eligible for issuance of a temporary certificate of registration
pursuant to subdivision seven of section four hundred twenty of this
article. The commissioner may, by regulation, exclude specific classes
or types of vehicles from the provisions of this section.

4. Before issuing a temporary registration, a qualified dealer must
have in his possession all application forms properly completed, all
documents, fees and any other charges which must be submitted to the
commissioner for the issuance of a registration by the commissioner.
Such dealer must make application for registration for such vehicle and
must submit all such forms, documents, fees and charges to the
commissioner in a manner prescribed by the commissioner and, unless
otherwise provided by the commissioner, within five calendar days of the
date of issuance of the temporary registration.

5. Any registration issued by the commissioner as a result of an
application submitted by a qualified dealer who has issued a temporary
registration for such vehicle pursuant to this section shall be issued
as of the date the dealer issued the temporary registration.

6. In order for a temporary registration issued pursuant to this
section to be valid, it must be displayed on the vehicle for which it is
issued in the manner prescribed by the commissioner.

7. A dealer may not make a separate charge for the issuance of a
temporary registration.

8. The commissioner may refuse to issue temporary registrations to a
dealer registered pursuant to section four hundred fifteen of this
chapter or he may require the surrender of unissued temporary
registrations in the possession of such dealer, if he determines that
the dealer has not complied with the provisions of this section or any
regulations promulgated thereunder. If the commissioner refuses to issue
such temporary registrations or requires the surrender of such temporary
registrations, a qualified dealer may request a hearing on such
determination by making a written request for such hearing to the
commissioner. Upon receipt of such request, a hearing must be held
within ten days of receipt.

9. If a dealer registration expires or is suspended or revoked, or if
a dealer goes out of business, all unissued temporary registrations in
the possession of such dealer must be surrendered to the commissioner.
Upon application by such dealer, the fee for such unissued temporary
registrations shall be refunded upon surrender, except that no such
refund shall be made if the dealer registration has been suspended or
revoked or the commissioner has required that temporary registrations be
surrendered pursuant to subdivision eight of this section.

10. The commissioner shall prescribe such rules and regulations as may
be necessary to carry out the provisions of this section.

11. Fees; deposited. Fees assessed under this section shall be paid to
the commissioner for deposit to the general fund, with the exception of
the three dollar increase in the fee for issuance of temporary
registrations pursuant to subdivision two of this section, which shall
be deposited to the dedicated highway and bridge trust fund established
pursuant to section eighty-nine-b of the state finance law and the
dedicated mass transportation fund established pursuant to section
eighty-nine-c of the state finance law and distributed according to the
provisions of subdivision (d) of section three hundred one-j of the tax
law.