15 NYCRR | New York Codes, Rules and Regulations, Title 15 — Department of Motor Vehicles

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Chapter I REGULATIONS OF THE COMMISSIONER

Subchapter A DRIVER LICENSING AND TRAINING

Part 1 Class Dj And Mj Drivers' Licenses

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.1 Definitions

For the purposes of this Part, the following terms shall have these meanings:

(a) Place of business shall include any location or building which is maintained by the employer of the licensee.

(b) School shall mean instruction, education or training licensed or approved by a department or agency of this state or training conducted by the armed forces of the United States except it shall not include extra-curricular activities or social events for which scholastic credits are not given.

(c) One in a position of "loco parentis" to the licensee is a person who, in relation to the licensee, has on a regular and extended basis, assumed the character of a parent and is discharging parental duties as the result of the death, disability, or absence of the natural parent.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.2 Restrictions on operation

A class DJ or class MJ licensee may operate a motor vehicle within the State of New York subject to the following conditions:

(a) New York City. A class DJ or class MJ license shall not be valid for the operation of a motor vehicle in New York City at any time.

(b) Nassau and Suffolk Counties:

(1) for the purpose of driving to and from one of the following: a state-approved cooperative work-study educational program, an approved program for credit in a post-secondary institution, a state-approved registered evening high school, an approved driver education course or while engaged in farm employment; or

(2) from 5 a.m. to 9 p.m., to and from a place of business where the holder is regularly employed, or when accompanied by a duly licensed parent, guardian, person in a position of loco parentis, driver education teacher, or driving school instructor.

(1) from 5 a.m. to 9 p.m.; or

(2) from 9 p.m. to 5 a.m. when going to or from school, or to or from a place of business where the holder is employed on a regularly scheduled basis, or when accompanied by a parent, guardian or one in a position of loco parentis to the licensee.

(d) Notwithstanding the provisions of this section, a person enrolled in an approved driver education course may operate a motor vehicle without holding a driver's license (section 507[1] of the Vehicle and Traffic Law).

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.3 Operation to and from school

(a) Operation to and from school shall include driving unaccompanied to and from school as defined in section 1.1(b) of this Part provided that such licensee possesses the required documentation of such school attendance signed by such person's instructor. The documentation shall include a letter signed by the instructor containing the date of the letter, the licensee's name, date of birth, motorist identification number, the dates and time of the instruction, education or training and the name, address and phone number of such instructor for verification by a police officer or magistrate.

(b) Notwithstanding the provisions of subdivision (a) of this section, documentation requirements shall not be applicable if such licensee could otherwise operate a motor vehicle at any time or place without restriction.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.4 Operation to and from a place of business

(a) Regularly scheduled basis shall mean employment by an employer or employers on a recurring basis.

(b) Nassau and Suffolk Counties: A licensee who is employed on a regularly scheduled basis as set forth in subdivision (a) of this section may drive unaccompanied to and from a place of business as set forth in section 1.1(a) of this Part provided such licensee has been issued a "Certificate of Employment" (form MV-58A) completed by the licensee's employer.

(c) In all other areas of the State, except the City of New York and the Counties of Nassau and Suffolk: A licensee who is employed on a regularly scheduled basis as set forth in subdivision (a) of this section may drive unaccompanied to and from a place of business as set forth in section 1.1(a) of this Part provided such licensee possesses his or her driver's license and either the "Certificate of Employment" (form MV-58A) completed by such licensee's employer, a letter signed by his or her employer containing the date of the letter, the licensee's name, the motorist identification number and job description, the date or days of licensee's employment, the hours of employment, the location or locations of employment and the phone number, as well as the address at which the employer may be contacted by a police officer or magistrate for verification.

Suggested forms of letters are set forth below:

January 1, 1990

To Whom It May Concern:

John R. Robert driver license identification number R15070 19146 312544-74 is employed by X Shipping Company as a dispatch clerk. Mr. Robert works every Monday and Tuesday night from 7:00 p.m. to 10:30 p.m. at 105 Brent Street, Hudson, New York.

I will verify the specific times of Mr. Robert's employment on Monday and Tuesday nights when contacted by a police officer or magistrate. I may be contacted at 3 Brookwood Drive, Hudson, New York at 555-3415.

Yours,

Joseph E. Proprietor (Signature)

X Shipping Company Manager

January 1, 1990

To Whom It May Concern:

Joan R. Robert Driver License I.D. # ________ is employed by Mr. and Mrs. Joseph Shore as a babysitter. Ms. Robert works at least one evening a week, and her hours of employment vary from week to week. Ms. Robert works at the Shore home, Building 1, Apt. 14, Roseview Court, Hudson, New York.

I will verify the specific times Ms. Robert worked for me if contacted by a police officer or magistrate at the above address, or by phone at 555-3255.

Sincerely,

Joseph Shore (Signature)

(d) The provision of the Vehicle and Traffic Law which permits a class DJ or class MJ licensee to drive to and from his or her place of employment between 9 p.m. and 5 a.m. does not permit such licensee to drive a motor vehicle in the course of such employer's business (e.g., delivery boy/girl) during those hours, except for farm employment purposes.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.5 Conversion of a class DJ or class MJ driver's license to a class D or class M driver's license

The foregoing provisions of this Part shall apply to a class DJ or class MJ licensee who is 17 years of age and who has successfully completed an approved high school or college driver education course and has not converted his or her class DJ or class MJ driver's license to class D or class M driver's license, by surrendering the junior operator blue card (MV-285) to a motor vehicle issuing office.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.6 Restrictions on class DJ and class MJ driver's licenses issued prior to january 1, 1990

Class DJ and MJ driver's license issued prior to January 1, 1990 shall be subject to the restrictions which were in effect on December 31, 1989.

Part 2 Driver Education In High Schools And Colleges

N.Y. Comp. Codes R. & Regs. Tit. 15§ 2.1 Approval of instructors

(a) Approval shall not be granted for any driver education course where the instructor receives any fee directly from a student.

(b) Instructors must have been continuously licensed for a period of at least two years immediately preceding approval of an application.

(1) If during such period a person was licensed in another jurisdiction, an abstract of the driving record for such period must also be attached to the instructor's application showing the driving record from the licensing agency of the jurisdiction in which he was so licensed.

(2) Instructors whose address on application differs from address on license must make notation of address as appearing on license for purpose of searching department files for verification.

(c) The driving record of an instructor must be such as to indicate that he is qualified to operate a motor vehicle upon the highways with safety. Final approval is contingent upon Department of Motor Vehicles' approval of applicant's driving record. Applicant must list all accidents and convictions. Failure to do so may result in rejection of application.

(d) Obtain applications for instructor from the State Education Department.

(e) [Reserved]

(f) After approval of application, an instructor's certificate (form MV-283) will be mailed to the current address on the Department of Motor Vehicles' driver license file for the applicant. Form MV-283 must be carried at all times while giving behind-the-wheel instruction.

(g) Forms MV-283 will be issued on a statewide basis rather than for any designated school.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 2.2 Instruction vehicles

(a) All motor vehicles used for instruction purposes must be dual-controlled and equipped in accordance with the requirements of the Vehicle and Traffic Law.

(b) No motor vehicle used for instruction purposes shall be used in any area designated by the commissioner as a road test area.

(c) All motor vehicles used for instruction purposes must display a sign or signs containing the words "STUDENT DRIVER" in letters no less than two inches in height and one-fourth inch stroke, against a background of a contrasting color, visible from both the front and the rear, and not obstructed by any other sign. The sign must contain all the letters of the words "STUDENT DRIVER". The sign or signs may be one two-faced roof sign, or two roof signs, or a sign on the front and a sign on the rear, or front and rear bumper stickers. The sign may be either permanent or removable. The sign may contain advertising material.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 2.3 Student requirements

(a) Students must pass vision, knowledge and traffic sign and symbol tests given by the instructor before commencing the instructions. These tests shall be equivalent to tests given by the Department of Motor Vehicles.

(b) Students must not have any physical or mental handicap which would interfere with the safe operation of a motor vehicle. If in doubt, make inquiry of this department.

(1) The Vehicle and Traffic Law requires that a person must be at least 16 years of age in order to legally operate a motor vehicle upon the highways of New York State.

(2) Under regulations established jointly by the Department of Motor Vehicles and State Education Department, students who are to be enrolled in driver education classes may not be given behind-the-wheel instruction until 16 years of age and must be 16 years of age on or before the following dates:

(i) September 15th for those enrolling in the fall semester course;

(ii) February 2nd for those enrolling in the spring semester course.

(3) Schools which during the regular school year offer approved high school or college driver education courses that are not operated on a semester basis must apply to the State Education Department for specific dates on which students must be 16 for entrance in the course. Such letters should be mailed at least three weeks prior to beginning of courses and should indicate when course begins, how long it will continue, and how time requirements are to be met.

(4) No exceptions will be granted to the requirements set forth in this section.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 2.4 Issuance of student certificates

(a) The superintendent, principal, or chief administrative officer must, if student certificates are desired, submit a complete list of names of all students expected to complete the course successfully. This request should be on forms prepared and furnished by the State Education Department. This form must contain the names, addresses and dates of birth of all students whose names appear on the list, also the number of hours of classroom instruction, the number of hours of in-car observation, and the number of hours of behind-the-wheel instruction. This list must not contain "nicknames" or abbreviated names. Motor vehicle issuing offices will not honor student certificate (form MV-285) when holder applies for license unless proper name appears on form MV-285. This list should be forwarded approximately four to six weeks prior to close of semester to the Driver Education Unit, Department of Motor Vehicles, Swan Street Building, South Mall, Albany, NY 12228.

(b) A student certificate (form MV-285) will be forwarded by the department for each student listed. Forms MV-285 will be blank and must be prepared by the school for the superintendent, principal, or chief administrative officer to countersign preparatory to distribution to students. Numbering of forms MV-285 may begin with number 1 each semester or may run continuously from semester to semester, at discretion of the school.

(c) After student certificates (form MV-285) have been completed, numbered and issued, the following information must be added to the original request which was returned to the school with the blank certificates from the department:

(1) number on form MV-285 issued to each student;

(2) passing grade of each student;

(3) the name of any student failing to complete the course shall be crossed off the list and unused form MV-285 returned with final report to the department;

(4) fill in date of issuance of forms MV-285 in proper space on form;

(5) return form with unused forms MV-285, voided or spoiled forms MV-285 to the driver education unit, Albany, for filing.

(d) Failure to return this list will be grounds for refusal of any student certificates until compliance has been made with this procedure.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 2.5 Effect of student certificate

(a) A student presenting a student certificate to the department within two years after issuance shall not be required to pass the written test and traffic sign and symbol tests in applying for a license. However, the passing of the road test and vision test shall remain a requirement.

(b) To be exempt from the written and traffic sign and symbol tests, the student certificate (form MV-285) must be presented at time of tests.

(1) Any student between the ages of 16 and 17 may file an application for a class DJ license provided a parent or guardian signs the statement of consent on the application. For exemption from the written and traffic sign tests, form MV-285 must be shown as stated in the preceding paragraph.

(2) Any student who has reached his 17th birthday, but has not attained the age of 18, may obtain a class D license. If the student already holds a class DJ license, he must surrender the Class DJ license and the student certificate (form MV-285) to the Department of Motor Vehicles. After filing proper forms, a class D driver's license will be issued upon payment of the proper fee. The fact that a student possesses form MV-285 and a class DJ license, although 17 years of age, will not exempt the student from the provisions of the class DJ restrictions. Any student not holding a class DJ license at the age of 17 may file an application for a class D license, surrender form MV-285, pay proper fee and must successfully pass the vision test and driving test. The holder of a class D license at the age of 17 may legally operate a motor vehicle any place in the State of New York and such operation is legal at any hour, day or night, without the holder of the license being accompanied by a licensed driver 18 years of age or over, or a parent, guardian or one in loco parentis to the licensee.

(3) Any student 18 years of age or over desiring a license, by filing proper application, may obtain a class D license after passing the road test and vision test.

(c) The procedural provisions of subdivision (b) of this section relating to the change from a class DJ to a class D driver's license would also apply to the change from a class MJ to a class M driver's license if applicable.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 2.6 Duplicate student certificates

(a) Any student losing student certificate (form MV-285), or when mutilation requires replacement, may obtain a duplicate by having the superintendent, principal or chief administrative officer of the school verify to the driver education unit in Albany the date course was completed, the student's name and address and number of form MV-285 issued originally. Duplicate forms MV-285 must be issued by driver education unit, Department of Motor Vehicles, only.

(b) Student certificate (form MV-285) is evidence of the successful completion of the high school driver education course. After form MV-285 has been surrendered to the Department of Motor Vehicles, in order to obtain a Class D (or Class M, if applicable) license at the age of 17, a duplicate form MV-285 will not be issued by this department. Any attempt to obtain a duplicate form MV-285 after surrender of the original may result in suspension or revocation of a driver's license.

(c) Student certificates (form MV-285) must not be used as evidence to insurance companies for purpose of obtaining reduction in insurance rate because of successful completion of a driver education course. If form MV-285 is used for this purpose and not returned by the insurance company, do not request a duplicate form MV-285 from the department since it will be refused. Evidence for insurance reduction must be furnished by the high school or college in which the course was completed, on school letterhead giving required information and signed by proper authority.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 2.7 Summer school

(a) Any school desiring approval for summer school course must request necessary forms from the Education Department. Approval for summer school will not be forthcoming from the Commissioner of Motor Vehicles. Course of study approval from the Education Department will be received, notice of which will be forwarded to the Department of Motor Vehicles by the Education Department for record.

(b) Instructors in summer school courses will not be issued new instructor's certificate (form MV-283) for summer school assignment. The approval for the regular school year, whether the same or different school, will suffice. An approval, however, is necessary where instructor is interested in giving summer school driver education instruction only and not during regular school year.

(c) Rules and regulations established for the regular school year shall apply for enrollment and obtaining student certificates (form MV-285) except as follows:

(1) Students enrolling in summer school courses must be 16 years of age on or before the fifth day of the beginning of the course, providing the course starts immediately after close of regular school session. If the course does not begin until after July 1st, the student must be 16 years of age on or before the 1st day of July.

(2) Requests for form MV-285 should be made three weeks prior to the close of session. Follow instructions outlined in subdivision (a) of section 2.4 of this Part, of procedure governing issuance of form MV-285 to students.

Part 3 Drivers' Licenses

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.1 Introduction

Chapters 173 and 696 of the Laws of 1990 amended various provisions of the Vehicle and Traffic Law relating to driver licensing effective February 19, 1991. Those chapters provide that the holder of any previously issued license or permit to drive in existence on February 19, 1991 shall continue to have all of the rights granted by such license or permit at the time of its issuance until the expiration of that license or permit except that no such license or permit will be valid for the operation of a commercial motor vehicle on and after April 1, 1992. Those chapters also established a new classification system for driver licenses and provided for endorsements and restrictions which may be added to such licenses. This part is intended to implement the provisions of those chapters. The provisions of this part that are applicable to an applicant for or the holder of a commercial driver's license shall also be applicable to an applicant for or the holder of a commercial learner's permit, except for those provisions which by their nature can have no application.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.2 Driver license classifications, endorsements and restrictions

Subdivision one of section 501 provides that a driver license shall be valid only for the operation of the vehicles specified for each class of license but shall not be valid for the operation of any type of vehicle for which an endorsement is required unless the license contains such endorsement and further that such license shall also be subject to any restrictions contained on the license.

(a) License classifications.

Paragraph (a) of subdivision two of section 501 of the Vehicle and Traffic Law establishes eight classes of driver licenses and sets forth the vehicles which may be operated with each such class subject to any required endorsements and any restrictions which may be made to any such license. The license classes are: A, B, C, D, E, DJ, M and MJ. Class A, class B and class C licenses which contain an H, P, S or X endorsement are commercial driver licenses or CDLs. Any other class license, including a class C license which does not contain an H, P, S or X endorsement is not a CDL. No license may contain more than one class except that any license may contain a motorcycle M class in addition to its other class. A license which has both a motorcycle and a DJ class will be designated as a DMJ license. No person shall apply for a commercial learner's permit unless such person holds a class D license. A commercial learner's permit may not be issued with an endorsement authorized by federal regulation, other than a P, S or N endorsement.

(b) Endorsements.

Paragraph (b) of subdivision two of section 501 specifically establishes endorsements which may be added to one or more classes of licenses and further provides that the commissioner may by regulation establish additional endorsements. An endorsement is required on a license in order for the licensee to operate the type of vehicle or combination of vehicles or to transport passengers for the type of cargo specified in the endorsement. A license may contain multiple endorsements.

(1) Statutory endorsements. The endorsements established in statute are T, N, P, X, H, S, W, covered farm vehicle, and personal use vehicle endorsements. A covered farm vehicle endorsement or a personal use vehicle endorsement shall only be added to a license which is not a CDL. T, N, P, X, S or H endorsement shall only be added to a CDL. A W endorsement may be added to a CDL license or to a license that is not a CDL.

(i) CDL endorsements. A P endorsement which is needed to operate a bus or any motor vehicle with a gross vehicle weight or gross vehicle weight rating of more than 26,000 pounds which is designed to transport passengers in commerce requires passage of both a special knowledge test and a skills test in a representative vehicle. An S endorsement which is needed to operate a school bus requires passage of both a special knowledge test and a skills test in a representative vehicle. The holder of an S endorsement must also hold a P endorsement. T, N, H, W or X endorsements which are needed to operate the following vehicles or combinations require only the passage of a knowledge test for each endorsement by the licensee:

T - double and triple trailers

N - tank vehicles

H - vehicles transporting hazardous materials which are required to be placarded

W - tow trucks

X - combines H & N endorsements

(a) Metal coil endorsement. (M) This endorsement shall be issued to the holder of a commercial driver's license who transports metal coils weighing 5,000 pounds or more or bundled metal coils weighing 5,000 pounds or more.

(b) A metal coil is a product comprised of mixtures, compounds and/or alloys commonly known as metal, metal foil, metal leaf, forged metal, stamped metal, metal wire or metal chain that are generally good conductors of electricity and heat and can be melted or fused, hammered into thin sheets, or drawn into wire that are bulk packaged or packaged from a continuous pull or multiple pulls as a roll, coil, spool, wind or wrap and where the aggregate weight of the coil is equal to or greater than 5,000 pounds.

(ii) Covered Farm Vehicle endorsement. There are two types of covered farm vehicle endorsements F and G. The F endorsement is required on a non-CDL for operation of covered farm vehicles and covered farm vehicle combinations over 26,000 lbs. The G endorsement is required on a non-CDL for operation of single covered farm vehicles over 26,000 lbs. All of the covered farm vehicle endorsements are limited to operation of the covered farm vehicle or combinations within 150 air miles of the farm or ranch. Beyond that distance, an appropriate class CDL is required. Covered farm vehicle endorsements shall be issued for appropriate class licenses upon passage of an appropriate non-CDL knowledge test and skills test in a representative vehicle.

(iii) Personal use vehicle endorsement. An R endorsement is the personal use vehicle endorsement. It is required on a non-CDL for operation of recreational vehicles and rental vehicles over 26,000 pounds GVWR or over forty feet in length for transportation of personal household goods. It shall be issued upon passage of a skills test in a recreational vehicle over 26,000 pounds GVWR or over forty feet in length when the licensee has not passed a CDL skills test.

Paragraph (c) of subdivision two of section 501 specifically provides for three types of restrictions which may be placed on license classes or endorsements and further provides that the commissioner may by regulation establish additional restrictions. A restriction on a license limits the type of vehicles or combinations which can be operated with the license on which the restriction appears or specifies prosthetic devices or equipment which are required in order to operate a vehicle. A license may contain multiple restrictions.

(1) Statutory restrictions. The statutory restrictions are based upon the vehicle in which the skills test required for licensing has been passed. Of the three types of statutory restrictions, the air brake restriction will only be added to a CDL. The other statutory restrictions which limit operation to specific types or combinations of vehicles or to vehicles or combinations of vehicles of less than a specified GVWR may be added to any type of license. If the test vehicle did not have air brakes and if the knowledge test relating to air brakes is not passed an air brake restriction which prohibits the operation of vehicles with air brakes will be placed on a CDL. If the skills test is taken in a truck-trailer combination, a restriction limiting the operation of a combination of vehicles to truck-trailer combinations will be placed on the license. A weight restriction will be placed on a CDL based upon the GVWR of the vehicle in which the test is taken. Ordinarily, the weight restriction shall be based upon the following GVWRs: 26,000 lbs. and 18,000 lbs. except that a class C license with a P endorsement may have a weight restriction limiting operation to passenger vehicles having a GVWR of not more than 10,000 lbs. Different weight restrictions for different types of vehicles may be placed upon the same license.

(2) Restrictions established by regulation. Restrictions established by regulations are based upon physical condition or other limitations of the licensee.

(3)

| Code | Restriction | Code | Restriction | | --- | --- | --- | --- | | A | ACCEL LEFT OF BRAKE | N | NO CLASS A OR B PASSENGER VEHICLE | | A2 | PROBLEM DRIVER | | | | A3 | MED CERT EXEMPT | N1 | NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 15 OR MORE PASSENGERS | | A4 | INTERLOCK DEVICE | N2 | NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 8 OR MORE PASSENGERS | | B | CORRECTIVE LENSES | O | NO TRACTOR TRAILER CMV | | C | MECHANICAL AID | O1 | No TRACTOR TRAILER CMV/TRUCK NOT OVER 26,000 GVWR | | D | PROSTHETIC DEVICE | P | NO PASSENGERS IN CMV BUS | | P1 | POWER BRAKES | | | | E | NO MANUAL TRANSMISSION EQUIPPED CMV | Q | POWER STEERING | | E1 | AUTOMATIC TRANSMISSION | | | | F | OUTSIDE MIRRORS | R | BUILT UP SEAT/PED/ SHOE | | F1 | HEARING AID/FULL VIEW MIRROR | | | | G | DAYLIGHT DRIVING ONLY | | | | H | LIMITED TO EMPLOYMENT | T | CMV TRACTOR ONLY | | I | LIMITED USE AUTO | U | HAND OPERATED BRAKE | | I1 | LIMITED USE MCY MAX40 MPH | V | MEDICAL VARIANCE | | I2 | LIMITED USE MCY MAX30 MPH | V1 | FOOT OPER PARKING BRAKE | | I3 | LIMITED USE MCY MAX20 MPH | X | NO CARGO IN CMV TANK VEHICLE | | X1 | FULL HAND CONTROL | | | | I4 | THREE WHEEL MCY | Y | SHOULDER HARNESS USE | | J | OTHER | Z | NO FULL AIR BRAKE EQUIPPED CMV | | Z1 | WHEEL SPINNER | | | | K | CDL INTRASTATE ONLY (DOES NOT PERMIT OPERATION OUTSIDE OF NYS IN INTERSTATE COMMERCE) | 3 | TELESCOPIC LENS | | L | NO AIR BRAKES EQUIPPED CMV | 5 | NO LIMITED ACCESS ROADS | | M | NO CLASS A PASSENGER VEHICLE | | |

(4) A2-Problem driver restriction. The operation of a motor vehicle shall be subject to the driving restrictions set forth in section 135.9(b) of this Title and the conditions set forth in section 136.4(b) of this Title. As part of this restriction, the commissioner may require a person assigned the problem driver restriction to install an ignition interlock device in any motor vehicle that may be operated with a Class D license or permit and that is owned or operated by such person. The ignition interlock requirement will be noted on an attachment to the driver's license or permit held by such person. Such attachment must be carried at all times with the driver license or permit.

(5) Commercial learner's permit restrictions. Every commercial learner's permit wit h a P (passenger) or S (school bus) endorsement must also carry a P restriction. Every commercial learner's permit with a T (tank) endorsement must also carry an X restriction. Every class B commercial learner's permit wit haPorS endorsement must also carry an M restriction

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.4 Knowledge tests

Knowledge tests appropriate for the class of license or license endorsement shall be in written form and shall be available in both English and Spanish. However, a knowledge test may be given in other than written form if the agent of the commissioner in charge of administering knowledge tests in that office is satisfied that the applicant is incapable of undertaking and completing a written test. The alternative testing procedure shall be oral and, unless a time, conditions and procedures for the giving of such tests in another language acceptable to the agent may be established, the test shall be in English, except that alternative CDL knowledge tests shall only be given in English and Spanish; provided, however, that the knowledge test for the hazardous materials endorsement shall only be given in written form and in English.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.5 Skills tests

(a) Representative vehicles.

Subdivision (5) of section 501-a of the Vehicle and Traffic Law provides that the Commissioner shall specify by regulation the type of motor vehicle or combination of vehicles that an applicant for a driver's license must operate during a skills test in order to receive a specific class of license or endorsement. The following types of vehicles and combinations of vehicles are representative vehicles for the various licenses classes and endorsements listed below.

(1) If a skills test is taken and passed in a tractor-trailer combination (GCWR more than 26,000 lbs., GVWR of trailer more than 10,000 lbs.) and the CDL general knowledge and combination vehicle tests are passed, a class A license will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. A class non-commercial class license with a farm (F) endorsement will be issued if a CDL general knowledge test has not been passed.

(2) If a skills test is taken and passed in a bus tractor-trailer combination, and the CDL general knowledge, combination vehicle and passenger tests are passed, a class A license with a P endorsement will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license.

(3) If a skills test is taken and passed in a truck-trailer combination (truck over 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge and combination vehicle tests have been passed, a class A license with truck trailer combination only (O) restriction will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A non-commercial class license with a covered farm (F) vehicle endorsement with a truck trailer combination only (O) restriction will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed.

(4) If a skills test is taken and passed in a truck-trailer combination (truck up to 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge and combination vehicle test have been passed, a class A license with a truck-trailer combination only (truck cannot exceed 26,000 lbs. GVWR) (01) restriction will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes ,a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A non-commercial class license with a covered farm (F) vehicle endorsement with a truck-trailer combination only (truck cannot exceed 26,000 lbs. GVWR) (01) restriction will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed.

(5) Repealed.

(6) If a skills test is taken and passed in a truck with a GVWR over 26,000 lbs. and the CDL general knowledge test has been passed, a class B license will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A non-commercial class license with a covered farm (G) vehicle endorsement will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed.

(7) Repealed.

(8) If a skills test is taken and passed in a bus over 26,000 lbs. GVWR and the CDL general knowledge and passenger endorsement tests have been passed, a class B license with a passenger (P) endorsement will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.

(9) If a skills test is taken and passed in a bus up to 26,000 lbs. GVWR and the CDL general knowledge and passenger endorsement tests have been passed, a class C license with a passenger (P) endorsement shall be issued. If the skills test is taken in a vehicle with a designed adult seating capacity of not more than seven passengers, an N2 restriction will be placed on the passenger endorsement. If the skills test is taken in a passenger vehicle with a designed adult seating capacity of from 8 to 14 passengers an N1 restriction will be placed on the passenger endorsement. If the skills test is taken on a passenger vehicle with a designed adult seating capacity of 15 or more passengers an (N) restriction will be placed on the endorsement.

(10) If a skills test is taken and passed in a motor vehicle not more than 26,000 lbs. GVWR and no CDL general knowledge test has been passed, either a class E, D or DJ license will be issued dependent upon the class for which application has been made and the age of the applicant. A class C license with an H endorsement will be issued if the CDL general knowledge and CDL hazardous material tests have been passed. A class C license with a passenger (P) endorsement will be issued if the CDL general knowledge and passenger endorsement tests have been passed. If the skills test is taken in a vehicle with a designed adult seating capacity of not more than seven passengers, an N2 restriction will be placed on the passenger endorsement. If the skills test is taken in a passenger vehicle with a designed adult seating capacity of from 8 to 14 passengers an N1 restriction will be placed on the passenger endorsement. If the skills test is taken on a passenger vehicle with a designed adult seating capacity of 15 or more passengers an (N) restriction will be placed on the endorsement.

(11) If a skills test is taken and passed in a limited use automobile with a maximum speed of 40 MPH, a class D or DJ license will be issued with a limited use automobile (I) restriction (limited to operation of limited use automobiles maximum speed 40 MPH).

(12) If a skills test is taken and passed on a motorcycle, a class M or MJ license will be issued. If the test was taken on a three-wheeled motorcycle, the license will have a three- wheeled motorcycle (I4) restriction or if taken on a limited use motorcycle, a limited use motorcycle (I1, I2, or I3) restriction will be placed on the license restricting operation to limited use motorcycles with the respective maximum speeds: 40 MPH, 30 MPH and 20 MPH.

(13) In addition to the other requirements of this Part, if a skills test is taken and passed in a school bus over 26,000 lbs. GVWR or with a designed adult seating capacity of 15 or more passengers and the CDL general knowledge, passenger, and school bus endorsement tests have been passed, a school bus (S) endorsement will be placed on the CDL license.

(b) Multiple skills tests.

If a licensee wishes to operate different types of vehicles for which skills tests in different types of representative vehicles must be taken, the licensee must take and pass separate skills tests in each type of representative vehicle.

Unless the applicant already holds a valid New York State license, no skills test will be given in any representative vehicle other than a vehicle which may be driven with a class E or M license.

(d) Refusal to give skills test.

An applicant may be refused a skills test if the vehicle in which the applicant is to be tested does not comply with the law, if the applicant does not have proper documents, if the accompanying driver (if required) is not properly licensed, or if the vehicle is carrying a dangerous load. Loads may be checked by the person giving the skills test.

(e)

(1) Use of recording equipment prohibited in motor vehicles. No applicant or any other person, other than a Department of Motor Vehicles employee or other party designated by the department, may use any audio, visual or other recording equipment in or on a motor vehicle operated by an applicant during a skills test. The skills test shall not be conducted if the applicant or any other person, other than a Department of Motor Vehicles employee or other designated party, uses or attempts to use audio, visual or other recording equipment during the skills test.

(2) The provisions of paragraph (1) of this subdivision shall not apply to equipment that is installed in or on a motor vehicle by the department or a party designated by the department for security or employee monitoring purposes. The Department of Motor Vehicles employee conducting the skills test shall determine if the skills test may be taken with such equipment installed in or on the vehicle.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.6 Special procedures for commercial driver licenses (CDL)

(a) An application for a commercial driver's license will not be accepted if the applicant is not a resident of this State. In addition, an application shall not be accepted unless the applicant presents acceptable proofs of United States citizenship or lawful permanent residency, as prescribed by the commissioner. For the purposes of this Part, the term resident shall mean domiciliary as defined in subdivision 5 of section 250 of the Vehicle and Traffic Law.

(b) No CDL will be issued on the basis of reciprocity as provided in Part 8 of this Part unless the applicant is the holder of a valid commercial driver's license issued by the applicant's former jurisdiction of residence.

(d) No CDL will be issued without passage of the CDL general knowledge test.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.7 Special procedures for motorcycle licenses

(a) A class M or MJ license may contain an appropriate restriction based upon the vehicle in which the road test was taken. Such a restriction permits the holder to operate only those types of vehicles specified in the limitation.

(1) An applicant for a class M or MJ license must pass a written test and a road test conducted on a motorcycle consisting of a maneuver phase and a traffic phase. The applicant must supply a passenger car as well as a licensed driver to operate the same for the purpose of transporting the motor vehicle license examiner during the traffic phase of the road test. Failure to furnish such vehicle and driver shall result in refusal to give any portion of the road test to the applicant.

(2) A class M or MJ learner permit does not permit the holder to carry a passenger, unless such passenger is the holder of a license which entitles him to operate that class of motorcycle, and such passenger is acting in the capacity of supervising driver to the permit holder, and the motorcycle is equipped with a passenger seat.

(3) The holder of a class M or MJ learner permit may operate that class of motorcycle only while under the immediate or general supervision of a person who is at least 18 years of age, and who is the holder of a license which entitles him to operate the same class of motorcycle. General supervision shall mean control over and direction of the operator of a motorcycle within a one-quarter mile area from the point of such control and direction.

(4) The holder of a class M or MJ learner permit for the purposes of taking the motorcycle road test may drive the motorcycle to and from the road test post under the general supervision of a supervising driver. A receipt will be issued upon completion of the road test to evidence the right of the holder to drive the motorcycle as a learner until the midnight following the test.

(5) A person shall be eligible to secure a class M or MJ driver's license without passing a road test conducted on a motorcycle provided:

(i) that he or she is the holder of a valid New York driver's license, and is a member of a police department having 25 or more motorcycle police and acceptable proof of graduation from an approved motorcycle training program conducted by the police department by which he or she is employed; or

(ii) that he or she is the holder of a valid out-of-state license which specifically permits the operation of motorcycles in accordance with the provisions of Part 8 of this Title; or

(iii) that he or she is the holder of a valid ''New York driver's license, and has successfully completed the 15-hour ''Motorcycle Rider Course: Riding and Street Skills'' developed by the Motorcycle Safety Foundation (MSF), or a compatible course approved by the Department.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.8 Photographic driver licenses

(a) An applicant for any class of driver's license, except a learner permit is required to submit to a photo imaging process as part of the licensing procedure. Such applicant may not wear dark eye glasses, makeup or any apparel which when photographed would obscure the applicant's face or make identification difficult. In addition to the fee for a driver's license, an additional fee as provided for in Vehicle and Traffic Law, section 503(2)(f) shall be charged for the issuance of any original, duplicate, renewal or amended license which contains a photo image of the licensee.

(b) Notwithstanding the provisions of this section, an applicant for a license may apply for an exemption from submitting to a photo imaging as part of the licensing procedure if such applicant:

(1) presents a statement from a licensed physician. Such statement shall contain the diagnosis of a medical condition (physiological or psychiatric) which includes an explanation of why such condition makes it impossible for the applicant to visit a motor vehicle issuing office and the period of time such applicant is expected to be disabled. Such exemption may be issued for the duration of such disability; or

(2) presents evidence satisfactory to the commissioner that the taking of the applicant's photograph would violate the applicant's sincerely held religious belief forbidding the making of photo images.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.9 Social security number

(a) An applicant for a license or a non-driver identification card or an applicant renewing such a license or such identification card must submit his or her social security number or provide proof that he/she is not eligible for a social security number.

(b) The failure of a person to submit his or her social security number or to provide proof that he/she is not eligible for a social security number, as set forth in subdivision (a) of this section, will disqualify such person from renewing such license or identification card or obtaining such a license or identification card.

(c) The acquisition of social security numbers of such licensees and identification card holders will permit the department to more accurately exchange driver's license data with police agencies, other states and the Federal government. The social security number submitted will not be printed on the driver's license or identification card document. The social security number will not be a public record and will not be made available to the public.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.10 Exemptions and miscellaneous provisions

(a) A fire or police vehicle other than a motorcycle or a fire and police vehicle combination may be driven with any class license other than a DJ, M or MJ license. A police or fire motorcycle may be driven only with a class M license. For the purposes of this Part, fire vehicle shall mean a fire vehicle as defined in Vehicle and Traffic Law, section 115-a and a police vehicle shall mean a police vehicle as defined in Vehicle and Traffic Law section 132-a. A fire or police vehicle shall not be considered a commercial motor vehicle, as defined in Vehicle and Traffic Law, section 501-a(4)(a), only if such fire or police vehicle is engaged in emergency operation, and defined in Vehicle and Traffic Law, section 114-b.

(b) A vehicle or combination of vehicles which is registered pursuant to Schedule F of subdivision 7 of section 401 of the Vehicle and Traffic Law commonly referred to as a special purpose commercial vehicle and any vehicle which is registered with governmental plates which would qualify for registration under Schedule F may be driven with any class license other than a DJ, M or MJ, except that any such vehicle or combination of vehicles which has a GVWR or GCWR of more than 26,000 lbs. and which can be operated at normal highway speeds shall be a commercial motor vehicle and may be operated only with a CDL which permits the operation of that type of vehicle or combination.

(c) A motor vehicle, other than a bus, used for the purpose of transporting school children on a contract or fee basis, but not used in the business of transporting passengers for hire generally, is not considered a taxicab or livery by reason of such operation.

(d) For the purposes of this Part, any military vehicle or combination of military vehicles operated by a member of the armed forces, may be operated with any license other than a DJ, M or MJ. For the purposes of this subdivision, the term member of the Armed Forces shall include active duty military personnel; members of the reserve components of the Armed Forces; members of the National Guard on active duty, including personnel on full time active guard duty, personnel on part-time National Guard training, and National Guard military technicians (civilians who are required to wear military uniforms); and active duty United State Coast Guard personnel. The term shall not include United States reserve technicians.

(e) For the purposes of this Part, an ambulance is not regarded as a taxicab or livery and may be driven with any class license other than a class DJ, M or MJ license, if such ambulance is used to provide emergency medical services as defined in section 3003 of the Public Health Law.

(f) For the purposes of this Part, the seating capacity of any vehicle shall be determined each time the vehicle is being operated. Seating capacity shall be the greater of the number of passengers, other than the driver, using either designed adult passenger capacity or actual passenger usage criteria. Designed adult passenger capacity shall be based on 16 seat inches per passenger for seats accommodating one or two passengers and 17 seat inches per passenger on a bench-type seat accommodating three or more passengers. Actual passenger usage shall be based upon the greatest number of passengers being transported in the vehicle at any one time during the course of a trip or run.

History

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

Part 4 Learner's Permits

N.Y. Comp. Codes R. & Regs. Tit. 15§ 4.1 Use in road test area

No person holding a learner's permit shall operate or drive a motor vehicle in any area designated by the commissioner as a road test area except for the purpose of taking a road test.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 4.2 Prohibition against use of learners' permits on certain highways

No person holding a learner's permit shall operate or drive a motor vehicle on any street or highway as set forth in this section.

(a) Restricted highways in New York City.

(1) Any street located within a park.

(2) All bridges and tunnels under the jurisdiction of the Triborough Bridge and Tunnel Authority.

(b) Restricted highways in Westchester County.

(1) Hutchinson River Parkway.

(2) Cross County Parkway.

(3) Saw Mill River Parkway.

(4) Taconic State Parkway.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 4.3 Notice of prohibition

Notification of restriction imposed under section 4.2 of this Part shall be printed on a form attached to the learner's permit, and such form shall be a part of the learner's permit. However, failure of the permittee to have such form in his possession shall not constitute unlicensed operation or presumptive evidence of unlicensed operation.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 4.4 Restrictions on class DJ and MJ learner permit operation

(a) New York City. A class DJ or MJ learner permit holder may not operate a motor vehicle in New York City except that the holder of such permit may operate a motor vehicle within New York City from 5 a.m. to 9 p.m. when such person is under the supervision and control of a driver education teacher or driving school instructor and such vehicle is equipped with dual controls.

(b) Nassau and Suffolk Counties. A class DJ or MJ learner permit holder may not operate a motor vehicle in the counties of Nassau and Suffolk except that the holder of such permit may operate a motor vehicle in Nassau and Suffolk counties from 5 a.m. to 9 p.m. when accompanied by a licensed parent, guardian or one in a position of loco parentis, driver education teacher or driving school instructor.

(c) In all other areas of the state except the Counties of Suffolk and Nassau or the City of New York. A class DJ or MJ learner permit holder may operate a motor vehicle:

(1) from 5 a.m. to 9 p.m. under the immediate supervision and control of a person at least 18 years of age who holds a license valid in this State for the operation of the type of vehicle for which the learner permit holder has made application to obtain;

(2) from 9 p.m. to 5 a.m. only when accompanied by a licensed parent, guardian, person in loco parentis, driver education teacher or driving school instructor.

Part 5 Vision Requirements And Periodic Vision Reexaminations

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.1 Introduction

Subdivision (4) of section 502 of the Vehicle and Traffic Law provides that the applicant for an original driver's license shall pass a vision test. Subdivision (6) of section 502 of the Vehicle and Traffic Law provides that the Commissioner of Motor Vehicles shall require each person holding a license issued pursuant to article 19 of the Vehicle and Traffic Law to submit to a vision reexamination upon each renewal of license to determine whether such person meets the minimum vision standards. The minimum vision standards for the issuance of an original or renewal driver license shall be the same.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.2 Definitions

(a) Corrective lens. A lens which corrects a refractive condition in the eye. A corrective lens, as used in this Part, does not include telescopic lenses.

(b) Telescopic lens. A lens which is a corrective lens and which uses magnification as the main means of obtaining minimal visual acuity.

(d) Statement. For the purposes of this Part, a statement submitted by an optometrist, optician, physician assistant or registered nurse may only refer to a nonmedical visual condition. A statement submitted by a licensed physician or ophthalmologist may refer to a medical or nonmedical visual condition.

(e) Test object size for determining horizontal field of vision. The test object size for determining the horizontal field of vision must be either a white 3mm size test object at a one-half meter distance or a white 6mm size test object at a one-meter distance or the equivalent angular size for any test distance.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.3 Minimum visual standards

A person shall meet the minimum visual standards if he meets one of the following standards and complies with the procedures as set forth in section 5.4 of this Part.

(a) He has a minimum visual acuity of 20/40 (Snellen) in either or both eyes with or without corrective lenses, as tested in accordance with section 5.4 of this Part.

(b) He has a minimum visual acuity of less than 20/40 but not less than 20/70 (Snellen) in either or both eyes with corrective lenses and has a horizontal field of vision of no less than 140 degrees as tested in accordance with section 5.4(b) of this Part.

(c) He has a minimum visual acuity of 20/40 (Snellen) with telescopic lenses and 20/100 through the carrier lenses in either or both eyes and has a horizontal field of vision of no less than 140 degrees without the use of field expanders as tested in accordance with section 5.4(c) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.4 Procedures

The following procedures shall apply to vision tests:

(a)

(1) The vision test may be administered by the Department of Motor Vehicles or another state's Department of Motor Vehicles or by staff of an organization deputized by the commissioner to conduct such tests, in accordance with training and standards established by the commissioner, or by a licensed physician, physician assistant, optometrist, ophthalmologist, optician, pharmacist, nurse practitioner, registered nurse, or their supervised staff. However, the Department of Motor Vehicles, another state's Department of Motor Vehicles, an organization deputized by the commissioner or a pharmacist or a pharmacist's supervised staff shall only test for a minimum visual acuity of 20/40 (Snellen) in either or both eyes.

(2) Except as provided in paragraph (3) of this subdivision, a statement from a licensed physician, physician assistant, optometrist, ophthalmologist, optician, nurse practitioner or registered nurse must be on a letterhead or prescription blank imprinted with the name, address and title of the authorized person making the certification, or on a form furnished by the commissioner, and such statement shall identify the patient, indicate whether test results were obtained with or without corrective lenses, and include the date of test, signature and license number of person authorized to certify the statement and affirm that the individual has met the minimum visual acuity of 20/40 (Snellen) in either or both eyes. No statement will be acceptable if the date of the examination is more than six months or more than one year, as determined by the health care professional defined herein, prior to the date of submission of the statement to the commissioner.

(3) Staff of an organization deputized by the Department of Motor Vehicles pursuant to paragraph (1) of this subdivision, or a pharmacist or a pharmacist's supervised staff must report results of vision tests through an electronic registry established by the Department of Motor Vehicles. Any other party authorized to conduct a test pursuant to paragraph (1) of this subdivision may, but is not required to, use such registry for the reporting of results in lieu of filing a paper report as specified in such paragraph.

(4) The commissioner may immediately withdraw the deputization of an organization authorized to conduct a test pursuant to paragraph (1) of this subdivision upon a finding that there are reasonable grounds to believe that such organization, or staff of such organization, are conducting such tests in a manner inconsistent with the training and standards established by the commissioner for the administration of such tests.

(b) If an individual has a satisfactory visual acuity less than 20/40 but not less than 20/70 (Snellen) and a horizontal field of vision of 140 degrees, only a statement from a physician, ophthalmologist or optometrist will be accepted. Such statement shall also contain:

(1) a statement as to whether or not the person has a vision condition which is deteriorating;

(2) recommendations for the driving restrictions the physician, ophthalmologist or optometrist wishes the commissioner to consider, if any; and

(3) recommendations for the commissioner's consideration relating to a vision examination on a 6- or 12-month basis, if any.

If a statement is submitted by an optometrist, it must specify whether or not the person has been referred to an appropriate physician because of a detected medical condition.

(c) If an individual has a satisfactory visual acuity based upon 20/40 (Snellen) with telescopic lenses and a corrected visual acuity through the carrier lenses of 20/100 and a horizontal field of vision of no less than 140 degrees with the telescopic lenses in place without the use of field of expanders, only a statement from a physician, ophthalmologist or optometrist will be accepted. Such statement shall include all of the information required in subdivision (b) of this section and shall also contain:

(1) a statement that the person has been fitted for telescopic lenses which he has had in his possession at least 60 days prior to his original or renewal application for a New York driver license; and

(2) a statement that the person has received training at least equal to the suggested training as set forth in section 5.5(b) of this Part.

If a statement is submitted by an optometrist, it must specify whether or not the person has been referred to an appropriate physician because of a detected medical condition.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.5 Additional requirements for telescopic lens wearers

(a) A person who meets minimum visual acuity standards as set forth in subdivision (c) of section 5.3 of this Part must pass a road test examination if he had not taken a road test wearing his telescopic lenses. The commissioner may in his discretion waive a road test reexamination for a telescopic lens wearer upon renewal.

(b) Basic training requirements. Minimum training requirements for telescopic lens wearers shall include the following:

(1) The person has been trained so that he can locate stationary objects within the telescopic field by aligning the object directly below the telescopic lens and then moving his head down and his eyes up simultaneously.

(2) The person has been trained so that he has mastered the ability of locating a moving object in a large field of vision by anticipating future movement, so that by moving his head and eyes in a coordinated fashion he can locate the moving object within the telescopic field.

(3) The person has been trained to remember what he has seen after a brief exposure, with the duration of exposure diminished constantly to simulate short looking time while driving.

(4) The person has experienced levels of illumination such as daylight, dusk and nighttime.

(5) The person has experienced walking, and riding as a passenger in a motor vehicle, so that he has actually experienced moving while objects are changing position.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.6 Renewal of licenses

The license of a person who is required to submit to a vision reexamination will not be renewed until satisfactory evidence of meeting the minimum vision requirements is submitted as required by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.7 Restrictions

(a) If a person applying for an original driver's license cannot meet the minimum visual requirements except with the aid of corrective lenses or telescopic lenses, a license with an appropriate restriction shall be issued. However, a person may qualify for only a class D or class DJ driver license if it is necessary for him to utilize telescopic lenses to meet the minimum visual acuity standards, except that such class D or DJ driver license shall not be valid for the operation of class B or C limited use motorcycles. In addition, a class M or MJ driver license will not be issued to a person who must utilize telescopic lenses to meet the minimum visual acuity standards.

(b) Upon application for renewal, if a person required to submit to a vision reexamination holds a license which is not restricted to operation with corrective lenses or telescopic lenses, and such person cannot meet the minimum visual requirements except with the aid of corrective lenses or telescopic lenses, a renewal license with an appropriate restriction shall be issued. If at renewal, a person's visual acuity has diminished to the extent that he must utilize telescopic lenses to meet the minimum visual acuity standards, he will be required to convert his New York driver license to the class D or class DJ driver license classification, except such license will not be valid for the operation of class B or C limited use motorcycles.

(c) Upon application for renewal, if a person required to submit to a vision reexamination holds a license which is restricted to operation with corrective lenses or telescopic lenses, and such person can meet the minimum visual requirements without the use of such lenses, such person shall be entitled to file an application to have that restriction removed from his renewal license. Such application shall not require a fee.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.9 Voluntary vision reexaminations

A person who does not have in his possession a license renewal application may not submit to a voluntary vision reexamination. However, the provisions of this section shall not prohibit any licensee from applying for a vision reexamination for the purpose of removing a "vision related" restriction. The provisions of this section do not apply to a periodic vision reexamination required by the commissioner as a condition of the license.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 5.10 Disqualification

Notwithstanding any of the provisions of this Part, if the department has received notification that the applicant or licensee has been certified legally blind, such certification may provide grounds for refusal to issue an original or renewal driver license and any current driver license or learner's permit may be suspended.

Part 6 SPECIAL REQUIREMENTS FOR BUS DRIVERS

General General

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.1 Introduction

Article 19-A was enacted to further highway safety by creating standards for the qualification of bus drivers. A person shall not be permitted to operate a bus unless he or she is qualified as provided in the article and this Part promulgated thereunder. This Part implements the purpose of article 19-A. It is not intended to be construed to nullify any contractual agreements between a motor carrier and its employees which are not in conflict with the law or this Part. This Part provides a comprehensive guide to enable a motor carrier to comply with the requirements of article 19-A.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Initial Employment Investigations and Inquiries for All Bus Drivers Initial Employment Investigations and Inquiries for All Bus Drivers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.7 New company

Newly established bus carriers must provide the following to the New York State Department of Motor Vehicles, BDU, Empire State Plaza, Albany, NY 12228-0220:

(a) A completed article 19-A application (DS-879), article 19-A motor carrier accident and conviction notification program application (DS-19) and the article 19-A school district/other contract notice (DS-870.1), if applicable. The forms must be complete and provide information about the carrier, the school districts, camps, nursery schools, day care centers, or mental health facilities and any other contracts served by the carrier.

(b) The complete corporate identification including Federal, State, and State education (if applicable) identification numbers, or "doing business as" or partnership forms filed with the appropriate county clerk. The names and identification of all motor carrier operations acquired including motor carriers operating as DBAs (doing business as. . .).

(c) Certification that the carrier is qualifying all drivers in accordance with section 6.3 of this Part, and if the drivers are school bus drivers, that they are being fingerprinted in accordance with section 6.4 of this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Annual Procedures for Motor Carriers Annual Procedures for Motor Carriers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.9 Annual affidavit of compliance

Carriers are required to affirm their compliance to article 19-A by July 1st of each year. Failure to submit an acceptable and correct affidavit of compliance as specified on the affidavit form may result in suspension of all the vehicle registrations and the motor carrier's privilege of operation in this State. Such affidavit shall include the report required by section 6.8(d) of this Part.

(a) The Department of Motor Vehicles will provide the carrier with the affidavit of compliance (DS-3), instructions for completing the annual affidavit of compliance (DS-3.1), a listing of the drivers currently reported to the BDU by the motor carrier, and the annual statistical report required by section 6.8(d) of this Part. Electronic carriers shall submit the affidavit of compliance according to procedures prescribed by the BDU.

(b) The carrier will review the listing of drivers, verify that all of the current drivers' names and addresses are listed and that all drivers are qualified. The carrier will provide a corrected list of drivers to the department if needed:

(1) for drivers no longer in the carrier's employment, complete article 19-A bus driver add/drop notice (DS-885) and attach it to the DS-3;

(2) for drivers who do not appear on the list, submit article 19-A driver application (DS-870), with the completed affidavit (DS-3); school bus drivers must be electronically fingerprinted prior to the completion of the DS-870.

NOTE:

A carrier is required to update its roster whenever an employee is hired or terminated.

(c) Sign and date the affidavit of compliance. The completed affidavit with all supporting documentation must be received by July 1^st. Return electronically or mail directly to:

BDU

New York State Department of Motor Vehicles

Empire State Plaza

Albany, New York 12228-0220

(d) When the affidavit of compliance is received, reviewed, and accepted by the BDU, the motor carrier will be sent a letter of acknowledgment.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Biennial Procedures for Motor Carriers Biennial Procedures for Motor Carriers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.12 Biennial oral or written examinations

(a) Biennial oral or written examinations shall be administered by an individual who has been certified by the Department of Motor Vehicles. (See section 6.13 of this Part.) Examination questions will be provided by the Department of Motor Vehicles to the carrier and shall be in such form as the commissioner shall determine. The carrier shall provide the driver with access to a copy of the current New York State driver's and commercial driver's manuals, and a copy of this Part so that these reference materials may be used in conjunction with the drivers completion of the written/oral tests. (See DS-875.)

(b) The oral test form or summary of the oral test form and results shall be kept in the employee's file and should contain the name of the employee, the name and number of the certified examiner, the date of the examination, the number of test questions the employee answered correctly, as well as the employee's final grade on the examination.

(c) Notification to the BDU is required within 10 days when a driver has failed to pass either the biennial behind-the-wheel driving test or the biennial oral or written examination, and has completed and failed the re-examination procedures as set forth in section 6.15(a) of this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Out-of-State Carriers Out-of-State Carriers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.14 Out-of-state carriers; reporting requirements

(a) A motor carrier subject to the motor carrier regulations of the United States Department of Transportation will be exempt from all of the annual and biennial requirements of this Part, except the annual requirement which mandates that an affidavit of compliance be filed with the commissioner, provided that such carrier is exempt pursuant to section 509-n of the Vehicle and Traffic Law.

(b) The annual affidavit of compliance required under subdivision (a) of this section shall certify to the commissioner that the motor carrier does not employ a bus driver who would operate a bus in New York State who is disqualified under sections 6.27 and/or 6.28 of this Part, and also shall certify the number of days and vehicle miles of bus service that the carrier provided in the State during the previous calendar year. Such certification shall be forwarded to the BDU by July 1^st of each year. A motor carrier exempted by this section shall furnish to the commissioner's designee upon request any records concerning drivers required to be kept by the motor carrier regulations of the U.S. DOT within 10 days of receipt of such request. Failure of a motor carrier to furnish such records requested within the 10-day period shall be a violation of this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Miscellaneous provisions Miscellaneous Provisions

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.15 Retests and re-examinations

(a) Upon a request by or on behalf of an employee for a re-examination of an examination required by section 6.11 or 6.12 of this Part, a retest shall be given by the motor carrier. Such retest shall be given not less than two days nor more than 10 working days from the date of the first examination. However, a motor carrier may require a period of retraining for the employee who submitted the re-examination request before the retest is given to the employee.

(b) In the absence of any contractual agreement, upon submission of a medical report which conflicts with the medical findings made pursuant to section 6.10 of this Part, the employee is entitled to be re-examined by a third physician or nurse practitioner agreed on by two parties. The cost of such re-examination shall be borne by the employer if the employee passes the re-examination, or by the employee if the employee fails the re-examination.

(d)

(1) Accident re-examinations. Any person employed as a bus driver who has on three occasions been the operator of a motor vehicle involved in an accident as defined in section 6.2 of this Part, where such accidents occurred within an 18-month period, shall be subject to re- examination. Further, if a driver is subject to disqualification, as set forth in sections 6.27 and 6.28 of this Part, such re-examination shall occur not more than 45 days prior to the completion of the period of disqualification period. An accident shall not be counted if it is determined that the driver was completely without fault. A driver shall be considered to be without fault in situations including, but not limited to, the following:

(i) pedestrian walked into side of stopped vehicle;

(ii) bicyclist collided with stopped vehicle;

(iii) authorized emergency vehicle, when involved in an emergency operation;

(iv) door opened into passing traffic - all vehicles except parked;

(v) load or parts of vehicle fell off - all vehicles except parked;

(vi) injured while vehicle in motion, no collision;

(vii) injured while hitching on vehicle, driver unaware;

(viii) all animal accidents except cattle at a marked road crossing;

(ix) vehicle hit by stone or object thrown by person, if accident results;

(x) vehicle hit by stone or object hurled by wheel - all vehicles except parked;

(xi) object fell on vehicle;

(xii) vehicle struck hole, oil slick, etc., unless warning signs or barricades existed;

(xiii) moving or stopped vehicle caught fire; and

(xiv) other unusual conditions. Each must be reviewed individually.

The department may examine each of the 14 situations in their full context to determine if a driver is completely without fault. Every person subject to a re-examination shall be required to take a road test in an appropriate vehicle defined as a bus in section 6.2 of this Part, and which is representative of the class of vehicle such person is licensed to drive.

(2) One accident shall not be counted for the purposes of re-examination if the person successfully completes a motor vehicle accident prevention course approved by the commissioner. Only one such course may be taken during an 18-month period for the purpose of this paragraph.

(3) Upon the failure of the licensee to successfully complete a re-examination, the commissioner shall take such reasonable action as may be required. Such action may consist of imposing restrictions on the use of the license of such person, suspending such license for a definite or indefinite period, or revoking such license. The commissioner may revoke or suspend for a indefinite period the license of any person who after reasonable notice fails or refuses to submit to such re-examination. No person whose license has been suspended or revoked under this section shall be qualified to operate a bus until such person successfully completes a re-examination.

(4) Upon a driver's successful completion of a re-examination required by this section, the commissioner shall issue an 18-month probationary license to such driver and all of the provisions of section 510-b of the Vehicle and Traffic Law shall apply to such license.

(5) Re-examination procedures. A driver subject to re-examination under this paragraph must be accompanied to the re-examination test site by a person validly licensed to operate the test vehicle. If the driver fails the re-examination, such accompanying driver must be prepared to drive the vehicle from the test site. A driver who fails a re-examination shall, at minimum, lose his privilege to operate a vehicle in the license class in which such driver was tested. Any further action taken against such driver's license shall be in the discretion of the motor vehicle license examiner.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.16 Reproduction of forms

(a) All forms referred to in this Part are provided by the Department of Motor Vehicles and cannot be changed or altered.

(b) A motor carrier will be sent an initial supply of the forms referred to in this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.17 Conviction and Accident Notification Program

(a) A motor carrier shall participate in the Conviction and Accident Notification Program which will notify such carrier of any conviction or accident resulting from operation of a motor vehicle in New York as well as certain other out-of-state convictions by a bus driver employed by the motor carrier.

(b) To participate in such program a motor carrier must write to the BDU which will provide the carrier with an application for entry into the program and advise the carrier concerning the amount of money such carrier will have to place in escrow with the department to establish and maintain an escrow account.

(c) The department reserves the right to increase the minimum escrow balance for a carrier if it becomes evident after a reasonable period of time that the escrow balance is insufficient to cover the average amount of notices generated to such a carrier by the department.

(d) The department will provide a monthly statement noting the escrow balance and amount of money necessary to replenish such minimum escrow balance, unless there has been no activity for a period of three months.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.18 Curbside verification

(a) Agents of the commissioner shall conduct curbside verification of a vehicle as defined in section 6.2(a) and (b), or of driver as defined in section 6.2(d), or of a motor carrier as defined in section 6.2(e) of this Part to determine:

(1) the identity of the registrant and owner of the vehicle;

(2) the vehicles' registration and insurance status;

(3) the identity of the driver;

(4) the status and validity of the drivers license;

(5) the drivers' qualification and compliance with article 19-A;

(6) the identity of the motor carrier; or

(7) the motor carriers' qualification and compliance with article 19-A.

(b) The verification process set forth in subdivision (a) of this section will be initiated if the Department of Motor Vehicles:

(1) has been unsuccessful in obtaining driver or motor carrier compliance with any of the provisions of article 19-A of the Vehicle and Traffic Law or of this Part;

(2) has received evidence of the existence of a driver or motor carrier heretofore unknown or unreported to the department;

(3) has received evidence that a driver or motor carrier has failed to comply with any of the provisions of article 19-A of the Vehicle and Traffic Law, or of this Part;

(4) has conducted a motor carrier record review or departmental hearing and is verifying compliance therewith; or

(5) is investigating a vehicular accident which occurred when a driver was operating a vehicle while in the employ of a motor carrier.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.20 Bus drivers not properly licensed

The motor carrier shall not knowingly permit any person to operate a bus carrying passengers unless such operator has fulfilled the requirements of sections 6.3, 6.8, 6.10, 6.11, and 6.12 of this Part. All bus drivers must possess a commercial driver license issued by a state or province that meets the requirements of the Federal Commercial Motor Vehicle Safety Act of 1986.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.21 Notification of an accident or a conviction resulting from a violation of the Vehicle and Traffic Law or a motor vehicle conviction in another state and license revocation

(a) A driver who receives a notice that his or her license, permit or privilege to operate a motor vehicle has been revoked, suspended or withdrawn or who is convicted of a violation of such provisions of this Part as shall constitute a misdemeanor or a felony in any jurisdiction shall notify the motor carrier that employs such person of the contents of the notice before the end of the business day following the day he or she received it. A driver who fails to notify his or her employer of such suspension, revocation or conviction of a violation of such provisions of this Part as shall constitute a misdemeanor or a felony shall be subject to a five-working day suspension, or a suspension equivalent to the number of working days such driver was not in compliance with this Part, whichever is longer.

(b) Any driver who is involved in an accident as defined in section 6.2 of this Part, or who is convicted of a traffic infraction in any jurisdiction shall notify his or her employer within five working days from the date of conviction or such accident. A driver who fails to notify his or her employer of such conviction or accident within the five working day period shall be subject to a five working day suspension. Working day, for the purposes of this section, shall mean any day in which a bus driver is scheduled to work, excluding regularly assigned days off.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.23 Ill or fatigued operator

No driver shall operate a bus and a motor carrier shall not permit a driver to operate a bus while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness or any other cause, as to make it unsafe for him to begin or continue to operate the bus. At the request of the driver or the motor carrier such illness, fatigue, or other cause shall be certified by a qualified physician. However, in a case of grave emergency where the hazard to occupants of the bus or other users of the highway would be increased by compliance with this section, the driver may continue to operate the bus to the nearest place at which that hazard is removed.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.24 Drugs, controlled substance and intoxicating liquor

(a) No person shall:

(1) consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor or drug, within six hours before going on duty or operating, or having physical control of a bus;

(2) consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content while on duty, or operating, or in physical control of a bus; or

(3) possess a drug, controlled substance or an intoxicating liquor, regardless of its alcohol content while on duty, operating or in physical control of a bus. However, this paragraph does not apply to possession of a drug, controlled substance or an intoxicating liquor which is transported as part of a shipment or personal effects of a passenger or to alcoholic beverages which are in sealed containers.

(b) No motor carrier shall require or permit a driver to:

(1) violate any provision of subdivision (a) of this section; or

(2) be on duty or operate a bus if, by such person's general appearance or by such person's conduct or by other substantiating evidence, such person appears to have consumed a drug, controlled substance or an intoxicating liquor within the preceding six hours.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.25 Penalties

Upon conviction for violation of any provision of article 19-A of the Vehicle and Traffic Law, the court shall impose a sentence consisting of a fine of not less than $100 nor more than $250. Penalties imposed under this section are not the same as any civil penalties imposed in accordance with and under section 6.22(e) of this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.26 Duties of the department

The Department of Motor Vehicles shall:

(a) At least once every three years, review the bus driver files of each motor carrier; provided, however, that the commissioner may review such bus driver files at his or her discretion at any other time during regular business hours.

(b) Upon receipt of information that a driver's license, permit or privilege to operate a motor vehicle has been revoked, suspended or withdrawn in this State or elsewhere, notify all motor carriers who have notified the commissioner of the employment of such driver, and provide such notice to the political subdivision, public and nonpublic school districts, and any other parties with whom the carrier has notified the BDU as having contractual agreements for services as a motor carrier as defined in section 6.2(e) of this Part.

(c) Provide each motor carrier, under the Accident/Conviction Notification Program as set forth in section 6.17 of this Part, with information regarding any accident or conviction for any traffic violation resulting from operation of a motor vehicle against a bus driver reported to the BDU as employed by such motor carrier; and may, if requested by a political subdivision which contracts with a motor carrier for the transportation of school children, provide such notice to the political subdivision.

(d) Upon receipt of the criminal history record report of a school bus driver, notify the motor carrier of disqualification of an applicant or school bus driver or the potential disqualification of such applicant or driver based on a pending criminal charge which would or could disqualify such driver under the provisions of section 6.28 of this Part. Notification to the carrier shall be without specification of the grounds for disqualification, those grounds to be made available only to the school bus driver or his or her representative.

(e) Prepare and distribute form DS-3.6 for the provision of objective data concerning the driving history of a bus driver who is subject to regulation under this Part. Such form shall be completed by current or former employers of such bus drivers upon the request of a prospective or subsequent employer.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Disqualifications Disqualifications

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.27 Disqualification of bus drivers (other than school bus drivers)

(a) A person is disqualified to operate any bus if he or she:

(1) has failed to pass the physical examination as set forth in section 6.10 of this Part;

(2) has failed the biennial behind-the-wheel driving test as set forth in section 6.11 of this Part;

(3) has failed the biennial oral or written examination as set forth in section 6.12 of this Part;

(4) was employed as a bus driver prior to September 15, 1985 and has been convicted of a crime or has received a conviction or convictions for a violation or violations under section 509-c of the Vehicle and Traffic Law on his or her New York State driving record;

(5) was employed as a bus driver on or after September 15, 1985 and has been convicted of a crime or has accrued nine or more points on his or her New York State driving record as set forth under section 509-c of the Vehicle and Traffic Law; or

(6) was the operator of a motor vehicle involved in two or more accidents as defined in section 6.2 of this Part, where such accidents occurred within an 18-month period following a reexamination conducted pursuant to section 6.15 of this Part, provided that accidents in which the driver was completely without fault shall not be included in determining whether such disqualification is required; or

(7) fails to pass a road text administered pursuant to section 6.15 of this Part; provided, however, that such person shall be given the opportunity to complete a motor vehicle accident prevention course approved by the commissioner and to then undergo a second road test, and such disqualification shall cease if such person passes such second road test.

(b) For a person to be qualified to drive a bus, if previously disqualified under section 6.27(a)(4) or (5); he or she must contact the BDU and request a written requalification letter. Such requalification letter is required to be kept in the driver's file in accordance with section 6.19 of this Part. The driver may be approved or denied requalification to drive a bus. No motor carrier may permit a driver to operate a bus until the BDU has notified the motor carrier that such driver has been requalified and is eligible to drive a bus. No other release, waiver or issuance of conditional or restricted license otherwise obtained by the driver shall cancel a disqualification imposed under this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.28 Disqualification of school bus drivers

(a) A person is disqualified to operate a school bus if he or she:

(1) has failed to pass the physical examination as set forth in section 6.10 of this Part;

(2) has failed the biennial behind-the-wheel driving test as set forth in section 6.11 of this Part;

(3) has failed the biennial oral or written examination as set forth in section 6.12 of this Part;

(4) was employed as a school bus driver at any time between January 1, 1985 and June 30, 1985, and has been convicted of a crime or has received a conviction or convictions for a violation or violations under section 509-cc of the Vehicle and Traffic Law on his or her New York State driving record;

(5) was employed as a school bus driver on or after July 1, 1985, and was not employed as a school bus driver between January 1, 1985 and June 30, 1985, and has been convicted of a crime or has received a conviction or convictions for a violation or violations under section 509-cc of the Vehicle and Traffic Law on his or her New York State driving record, or has accumulated nine or more points on his or her driving record during an 18-month period;

(7) fails to pass a road test administered pursuant to section 6.15 of this Part; provided, however, that such person shall be given the opportunity to complete a motor vehicle accident prevention course approved by the commissioner and to then undergo a second road test, and such disqualification shall cease if such person passes such second road test.

(b) For a person to be qualified to drive a bus, if previously disqualified under section 6.28(a)(4) or (5), of this Part, he or she must contact the BDU and request a written requalification letter. Such requalification letter is required to be kept in the driver's file in accordance with section 6.19 of this Part. The driver may be approved or denied requalification to drive a bus. No motor carrier may permit a driver to operate a bus until the BDU has notified the motor carrier that such driver has been requalified and is eligible to drive a bus. No other release, waiver or issuance of conditional or restricted license otherwise obtained by the driver shall cancel a disqualification imposed under this Part.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Part 7 Prelicensing Classroom Driver Training And Highway Safety Instruction

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.1 Introduction

Section 502 of the Vehicle and Traffic Law permits the Commissioner of Motor Vehicles to require proof of satisfactory completion of not less than four hours and not more than five hours of classroom driver training and highway safety instruction, or the equivalent thereof, prior to the issuance of a license.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.2 Definitions

For the purpose of this Part, the following terms shall have the following meanings:

(a) New driver. Every person who makes application for an original driving license, except a person for whom the requirement of a road test prior to issuance of such license is waived in accordance with Part 8 of this Title.

(b) Approved school. The Department of Motor Vehicles or any person, agency, licensed driving school, or municipality which is approved by the commissioner, or an accredited secondary school or college which is approved by the Commissioner of Education for the purpose of conducting a course of classroom driver training and highway safety or participation in a research study program required by the commissioner for the issuance of a license to a new driver.

(c) Approved course. A classroom training course in driver training and highway safety, conducted by an approved school, or by participation in a research study program which meets standards established by the commissioner.

(d) Qualified instructor. A person who has been issued a driver education instructor' s certificate (form MV-283) or a drivers' school instructor's certificate (form MV-524) endorsed for classroom instruction, or a designee approved by the commissioner.

(e) Course completion certificate (form MV-278). A certificate provided by the Department of Motor Vehicles and issued by an approved school which indicates that the person named thereon completed an approved course or has participated in a research study program within the past year. A student certificate (form MV-285), issued upon the successful completion of an approved high school or college driver education course, completed within the past two years, shall be acceptable in lieu of a course completion certificate.

(f) Research study program. A research study program shall be an experimental alternative to the three-hour prelicensing course provided for in this Part. Such programs may consist of varying types and lengths of training and education established by the commissioner, or may act as a control in the experimental environment. Such alternatives shall be established and evaluated by the commissioner. In addition, such program will function as a method of measuring the continuing effectiveness of the prelicensing program, and for making such changes as would be necessary to ensure the greatest possible program effectiveness in terms of new driver safety and education.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.3 Drivers' school instructor's certificate (form MV-524)

(a) Such certificates (MV-524) shall be issued only to persons who meet the qualifications established by the commissioner for instructors in driver training and highway safety and for participation in research study programs. Driving records of MV-524 and MV-283 holders will be subject to periodic review by the commissioner.

(b) A drivers' school instructor's certificate endorsed for classroom instruction will be issued to applicants upon their presenting evidence of successful completion of an approved advanced program in teaching techniques and methodology, and upon completion of one year's experience as an actual in-car driver instructor; or upon presentation of proof that the holder possesses other background experience determined to be acceptable by the commissioner. This advanced program evidence will consist of a college transcript, college course completion certificate, or a similar document (an applicant who does not meet these requirements or who wishes to teach in- car only may still be eligible for a drivers' school instructor's certificate endorsed for in-car instruction).

(c) No instructor will teach the prelicensing program or research study program in a licensed driver's school unless such instructor possesses a current MV-524 certificate endorsed for classroom instruction. A person who holds an MV-283 certificate, and who applies for an MV-524 certificate, will be exempt from the requirement of completing the advanced course.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.4 Issuance of licenses

No license shall be issued to a new driver unless such driver has submitted proof of completion of an approved course or has submitted proof of participation in a research study program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.5 Procedure for licensing of new drivers

(a) Except for a student who is enrolling in an approved high school or college driver education course, a new driver shall not be enrolled in a prelicensing course unless he presents a valid learner's permit. However, a valid learner's permit shall not be required to be presented prior to enrollment in a prelicensing course or in a research study program if the student is an inmate of a correctional facility. An inmate of a correctional facility will, however, be required to enroll in the prelicensing course or in a research study program upon receipt of a valid learner's permit.

(b) Upon completion of an approved course, the course completion certificate shall be issued to the student by the school that conducted the course.

(c) No road test appointment shall be made for a new driver unless he presents a valid course completion certificate to the Department of Motor Vehicles. This provision may be waived by a motor vehicle district director, a county clerk, or a person designated by such district director or county clerk, except that in no case shall a road test be given until a current course completion certificate is submitted.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.6 Classroom and class size

(a) An approved school must provide a classroom which is clean, adequately lighted, heated and ventilated and free from any visible and/or audible distractions. Adequate toilet facilities must be available to all students. Such classroom must have adequate seating facilities for the maximum number of students enrolled in any such course with no classroom having a seating capacity of less than 10 students. The classroom must be equipped with adequate chalkboards or flipcharts which are clearly visible from all seating areas and with all other equipment necessary for adequate presentation of materials required by the commissioner.

(b) In no case shall any class contain more than 36 enrolled students.

(d) Upon request, schools shall furnish the Department of Motor Vehicles, and the Education Department with class dates and names of instructors.

(e) An approved school must obtain permission from the Department of Motor Vehicles before it can move an approved classroom from one location to another location.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.7 Course content and presentation

(a) An approved course must consist of not less than four hours and not more than five hours of instruction. The course or research study program shall be given in accordance with a syllabus provided by the Department of Motor Vehicles and must be taught by a qualified instructor in a manner acceptable to the commissioner. If a language other than English is used in the course, any advertising must contain this fact.

(b) All prelicensing and research study programs are subject to routine evaluation visits by Department of Motor Vehicles specialists in prelicensing and driver improvement programs. Any violations or irregularities with respect to instructor qualifications, instructional quality, adherence to syllabus or facilities may result in a penalty as prescribed in section 7.11 of this Part. Instructor class presentation will be rated on a satisfactory or unsatisfactory basis by these department specialists. Two consecutive unsatisfactory classroom presentations may result in a penalty as prescribed in section 7.11 of this Part. In instances involving MV-283 holders teaching in a continuing education prelicensing program or research study program, the Department of Motor Vehicles may notify the Education Department of any determination of the instructor's unsatisfactory classroom presentation. Any refusal or denial by an approved school or its employee, agent or representative to allow a Department of Motor Vehicles specialist in prelicensing and driver improvement programs to make a routine evaluation visit to the prelicensing class or research study program class when such class is or is about to be in session may be cause for a penalty as prescribed in section 7.11 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.8 Course completion certificate (form mv-278)

(a) Drivers' schools and other approved agencies must obtain MV-278 certificates from the local Department of Motor Vehicles district office. The person(s) responsible for the secondary driver education program and/or the continuing education prelicensing program must obtain MV-278 certificates from the State Education Department. Course completion certificates shall be issued only to those schools that have qualified instructors.

(b) The instructor(s) who conducts the prelicensing program or research study program must sign the course completion certificate. The certificate shall not be signed by the instructor prior to conducting the prelicensing course or issued by the instructor until after the completion of the prelicensing course or research study program and must bear the completion date. The month must be spelled out in complete or abbreviated form but may not be written numerically.

(c) Except as hereinafter provided in this section upon completion of an approved course, the original of a course completion certificate completed by the school shall be issued to the student. The duplicate copy of such certificate shall be retained by the school for a period of one year from the date of issuance.

(d) If the approved school is a high school or college providing an approved driver education course, a course completion certificate may be issued to the student when, in the opinion of the instructor, that material which is required to be given in an approved course has been taught to the student even though the driver education course has not been completed.

(e) A duplicate course completion certificate may be issued by the school to the student only when the original certificate has been lost, stolen, mutilated or destroyed. No duplicate course completion certificate may be issued later than one year after the issuance of the original. The duplicate certificate will expire on the expiration date of the original which it is replacing. A duplicate MV-278 certificate must be signed by the instructor or school owner or director of continuing education or principal of the school providing the instruction.

(f) The local district office must be notified immediately upon the drivers' school's loss or theft of any MV-278 certificates by secondary driver education and continuing education programs. Identification numbers of the lost MV-278 certificates must be forwarded to the department.

(g) In the event a prelicensing program or research study program is discontinued, all remaining MV-278 certificates must be accounted for and returned to a department district office or the Education Department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.9 Required records

Each approved school shall maintain a record, on a form or forms prescribed by the commissioner, of all students who have completed the approved course. Such records shall be available for one year for inspection by the Department of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.10 Seminars

Remedial or instructional seminars may be required for course providers and/or instructors when significant changes affecting either the curriculum or the administration of the course are made. Failure to attend any of the required seminars, after notification to do so, may result in a penalty as prescribed in section 7.11 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 7.11 Penalties

Failure to meet Department of Motor Vehicles and/or Education Department standards, including misuse of certificates, may result in a temporary or permanent withdrawal of school and/or instructor approval and/or removal of all course completion certificates (MV-278). If, within 10 days of the imposition of such penalty, the commissioner receives a written request for a hearing from the school or instructor involved, the commissioner shall cause a hearing to be held. If such request for a hearing be made, the penalty shall be stayed pending completion of the hearing. If certification is withdrawn, training may be required as a prerequisite for recertification.

Part 8 ROAD AND WRITTEN TESTS, WAIVER AND EFFECT

N.Y. Comp. Codes R. & Regs. Tit. 15 § 8.1 Introduction

Section 502 of the Vehicle and Traffic Law provides that an applicant for a license shall pass an examination as to his qualifications as the commissioner shall require. This Part sets forth the general rules governing the waiver of road test, which is one of the required examinations. In addition to the general waiver rules herein contained, additional rules governing the waiver of road tests are set forth in Part 3 of this Title.

History

Amended, New York State Register August 27, 2014/Volume XXXVI, Issue 34, eff. 8/27/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 8.2 Waiver of road test

In addition to any other tests required, an applicant for a license, other than a renewal license, shall be required to pass a road test in a vehicle appropriate to the type of license for which application is made, except that such road test requirement shall be waived:

(a) if the applicant was formerly a resident of another state, the District of Columbia, Guam, Puerto Rico, the Canal Zone or a province of Canada and has become a resident of this State, and is or was, within two years prior to the date of application for a New York license, the holder of a valid license issued by the motor vehicle authority of his former residence; or

(b) if the applicant is applying for an original license after revocation of a prior New York license, provided that application is made within two years from the date subject was last validly licensed in this State; or

(c) if the applicant is applying for a commercial drivers license and such applicant demonstrates that s/he meets the requirements set forth in 49 CFR 383.77, in relation to drivers with military experience in the operation of a representative commercial motor vehicle;

(d) incorporation of certain Federal regulations by reference. The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the booklets entitled Code of Federal Regulations, title 49, parts 383.3, 383.51 383.77, and 383.113, published by the Office of the Federal Register, National Archives and Records Administration. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, at the New York State Supreme Court Law Libraries, the Legislative Library, the New York State Department of Motor Vehicles, Office of Counsel, 6 Empire State Plaza, Albany, NY 12228. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

History

Amended, New York State Register August 27, 2014/Volume XXXVI, Issue 34, eff. 8/27/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 8.3 Exceptions

Notwithstanding the provisions of section 8.2 of this Part, a road test shall not be waived if the applicant:

(a) has failed a road test in New York within the last year;

(b) has been licensed in his prior jurisdiction of residence for less than six months, unless such applicant is the holder of a valid commercial driver's license that has been issued by another state or the District of Columbia;

(c) has any physical or mental disability which, in the discretion of the license examiner, warrants reexamination of driving ability; or

(d) is applying for a license which permits the operation of a class of vehicles which the applicant's previous license did not specifically cover unless a waiver of road test is specifically provided for by statute or by any other regulations of the commissioner.

History

Amended, New York State Register August 27, 2014/Volume XXXVI, Issue 34, eff. 8/27/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 8.4 Effects of waiver of road test

(a) Classroom driver training requirements.

If a road test is waived upon application for an original license, the applicant shall not be considered a new driver within the meaning of section 7.2(a) of this Title and will not be required to submit proof of satisfactory completion of not less than four hours and not more than five hours of classroom driver training prior to the issuance of a license, except that an applicant who is required to take a road test only because of age shall be considered to have a road test waived for the purposes of Part 7 of this Title.

(b) Probationary licensing.

Except where a road test has been waived under the provisions of section 8.2(b) of this Part, a license which has been issued after a waiver of a road test as provided in this section shall not be a probationary license under subdivision (4) of section 501 of the Vehicle and Traffic Law.

History

Amended, New York State Register August 27, 2014/Volume XXXVI, Issue 34, eff. 8/27/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 8.6 Road tests in cases of substantial highway risk

If a hearing officer of the department or the commissioner or his designated agent determine that the applicant has had an accident, incident or conviction, or a series of accidents, incidents or convictions which tend to establish that the person may pose a substantial highway risk, and that a road test is necessary to determine whether the person may safely operate and control a motor vehicle, then such road test may be conducted by the department.

History

Amended, New York State Register August 27, 2014/Volume XXXVI, Issue 34, eff. 8/27/2014

Part 9 Driver License Qualifications After Loss Of Consciousness

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.1 Introduction and scope

Section 502 of the Vehicle and Traffic Law requires an applicant for a driver license to submit proof of fitness. This Part establishes procedures and standards to be applied by the commissioner with respect to the licensing of persons who have experienced loss of consciousness. The Part shall be applicable to an applicant for an original license in this State who has ever suffered loss of consciousness, to an applicant for renewal of a license in this State who has suffered loss of consciousness since his last license was issued in this State, to a person who is required to submit physicians', physician assistants', or nurse practitioners' statements as a condition for continuing licensing, and to licensees concerning whom the commissioner has received evidence of loss of consciousness.

History

Amended New York State Register May 27, 2015/Volume XXXVII, Issue 21, eff. 5/27/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.2 Definitions

(a) Loss of consciousness. Loss of consciousness shall mean the condition of not being aware of one's surroundings or of one's existence and the inability to receive, interpret or react to sensory impressions as the result of epilepsy, syncope, cataplexy, narcolepsy and other disorders affecting consciousness or control.

(b) Evidence of loss of consciousness. Evidence of loss of consciousness shall mean a police accident report indicating a loss of consciousness, no matter how denominated, as the cause of an accident, admission by applicant or licensee and a complaint alleging loss of consciousness received from police agencies or others.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.3 Standards of fitness

A person to whom this Part is applicable will be deemed to be fit for licensing insofar as this Part is concerned if:

(a) such person has not experienced a loss of consciousness within the previous 12-month period, and such person submits a physician's, physician assistant's or nurse practitioner's statement confirming such fact;

(b) such person has experienced loss of consciousness within the previous 12-month period, if such loss of consciousness was due solely to a directed change in medication by a physician, a physician assistant, or nurse practitioner, and such person submits a physician's, a physician assistant's, or nurse practitioner's statement confirming such fact and the commissioner acting after recommendation of his medical consultant finds no grounds to disagree with or to question the physician's, physician assistant's or nurse practitioner's statement; or

(c) such person has experienced loss of consciousness within the previous 12-month period, if such person submits a physician's, physician assistant's or nurse practitioner's statement confirming the physician's, physician assistant's or nurse practitioner's awareness of any or all such incidents and notwithstanding such history, the physician, physician assistant or nurse practitioner recommends licensing by making a positive statement that, in his or her opinion, the condition will not interfere with such person's safe operation of a vehicle on the public highway, and the commissioner acting after recommendation of his or her medical consultant finds no grounds to disagree with or to question the physician's, physician assistant's or nurse practitioner's statement.

History

Amended New York State Register May 27, 2015/Volume XXXVII, Issue 21, eff. 5/27/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.4 Procedures upon failure to submit evidence of fitness

(a) Upon receipt of an application for an original driver license, or for renewal of a driver license, or upon a scheduled review of a required physician's, physician assistant's or nurse practitioner's statement, or upon receipt of evidence confirmed by a departmental hearing or investigation that a licensee has experienced loss of consciousness, if the commissioner has not received an acceptable physician's, physician assistant's or nurse practitioner's statement as defined in subdivision (d) of this section, or, if such a statement is received but the commissioner's medical consultant finds grounds to disagree with or to question a recommendation of such physician, physician assistant, or nurse practitioner made in accordance with the provisions of section 9.3 of this Part, the commissioner shall, unless he or she deems such person's operation of a motor vehicle on a public highway to be an immediate hazard, send to such person a proposed denial or suspension of license, whichever is appropriate, with an offer to withhold such action until after a department hearing, if such hearing is requested by such person. The failure of such person to reply to the commissioner, either accepting the denial or suspension or requesting a hearing, within 30 days of the date of such notice shall result in the imposition of the denial or suspension.

(b) Notwithstanding the provisions of subdivision (a) of this section, if the commissioner deems any such person's operation of a motor vehicle on a public highway to be an immediate hazard, he shall forthwith deny or suspend the license, whichever is appropriate, and offer to hold a departmental hearing to review such action, upon written request of such person. If such request for hearing is not made within 30 days of such denial or suspension, the offer to hold a hearing shall be deemed to be withdrawn.

(c) For the purposes of this section, a person's operation on the public highway shall be deemed to constitute an immediate hazard if the commissioner has received evidence from a physician, physician assistant, or nurse practitioner that the person's condition does, in the opinion of the physician, physician assistant or nurse practitioner, create an immediate hazard if such person were to operate a vehicle on the public highway or, if the commissioner has received evidence that such person's loss of consciousness has caused or contributed to a motor vehicle accident.

(d) In order for a physician's, physician assistant's or nurse practitioner's statement to be acceptable, such statement must be submitted by a licensed physician, physician assistant, or nurse practitioner who has attended or examined the patient within 120 days of the date of such statement, and if required by the commissioner, may be required to be submitted by a physician licensed in a specialty appropriate to the condition in question.

History

Amended New York State Register May 27, 2015/Volume XXXVII, Issue 21, eff. 5/27/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.5 Submission of physician's, physician assistant's or nurse practitioner's statements as a condition for licensing

The commissioner may require the submission of physicians', physician assistants', or nurse practitioners' statements on a scheduled basis as a condition of licensing in those cases in which a person has experienced loss of consciousness, but meets standards of fitness as set forth in this Part, and the physician's, physician assistant's or nurse practitioner's statement indicates that medication is being taken to meet such standards and, in the opinion of either the submitting physician, physician assistant or nurse practitioner or the medical consultant to the commissioner, the submission of such scheduled physician's, physician assistant's or nurse practitioner's statements is considered necessary or desirable. However, this requirement shall not be applicable in any case where an individual has been seizure free without medication for a minimum period of one year and submits a physician's, physician assistant's or nurse practitioner's statement.

History

Amended New York State Register May 27, 2015/Volume XXXVII, Issue 21, eff. 5/27/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.6 Hearing procedures and judicial review

(a) Any hearing held pursuant to this Part shall be conducted in conformity with the provisions of the State Administrative Procedure Act and any regulations promulgated by the commissioner thereunder.

(b) Judicial review of a determination made by the commissioner after a hearing held pursuant to this Part may be had without an administrative appeal being made pursuant to article 3-A of the Vehicle and Traffic Law.

Part 10 INTERNET PRE-LICENSING COURSE

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.1 Introduction

Article 12-D of the Vehicle and Traffic Law permits the Commissioner of Motor Vehicles to allow approved sponsors of internet accident prevention courses to use the internet for the administration and completion of an approved pre-licensing course, which shall be deemed the equivalent of the pre-licensing course required by section 502 of the Vehicle and Traffic Law. The pilot program shall continue until June 30, 2025.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.2 Definitions

For the purpose of this Part, the following terms have the following meanings:

(a) Commissioner shall mean the Commissioner of Motor Vehicles.

(b) Course completion confirmation shall mean confirmation electronically submitted by the approved sponsor to the Department to be recorded on the student's driving record. Such confirmation shall include the information required by this Part.

(d) Internet pre-licensing course or course shall mean the administration of instruction that has been approved by the Commissioner to be administered using the internet, pursuant to Article 12-D of the Vehicle and Traffic Law, as an equivalent of the motor vehicle pre-licensing course, as required by subparagraph (i) of paragraph (a), subdivision (4) of section 502 of the Vehicle and Traffic Law prior to the issuance of a driver's license.

(e) OPL shall refer to the Online Pre-Licensing Program, a reference to the internet pre-licensing course program.

(f) Part 10 or this Part refers to 15 NYCRR Part 10.

(g) Person shall mean every natural person, firm, co-partnership, association, or corporation.

(h) Revocation shall mean the permanent withdrawal of a sponsor's approval by the Commissioner to administer the internet pre-licensing course.

(i) Sponsor shall mean a person that has been approved by the Commissioner to use the internet to administer a pre-licensing course in accordance with Article 12-D of the Vehicle and Traffic Law and, based on the curriculum created by the Commissioner, such person has developed, or exclusively licensed from entities regulated under 15 NYCRR Part 76, a course, that satisfies the classroom driver training and highway safety instruction requirement set forth in subparagraph (i) of paragraph (a), subdivision (4) of section 502 of the Vehicle and Traffic Law for the issuance of a driver's license.

(j) Suspension shall mean the temporary withdrawal of a sponsor's approval by the Department to administer the internet pre-licensing course. An application made by a person to the Department shall not be required following a suspension to obtain future approval to administer the internet pre-licensing course.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.3 Internet Pre-Licensing Sponsor Requirements

(a) No person shall administer a pre-licensing course using the internet without prior approval from the Commissioner.

(b) Approved sponsors shall be permitted to use the internet to administer a pre-licensing course. Internet pre-licensing courses may only be administered during the period provided for in Article 12-D of the Vehicle and Traffic Law.

(c) Sponsors must obtain confirmation from each student that such individual possesses a valid photo learner's permit, and sponsors must not enroll any individual in an internet pre-licensing course that does not provide such confirmation.

(d) Sponsors shall be responsible for the delivery and administration of the course. Sponsors shall also be responsible for compliance with all applicable laws, rules, regulations, and policies relative to this course.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.4 Eligibility to Deliver an Internet Pre-Licensing Course; Internet Pre-Licensing Course Approval

(a) To become an approved sponsor, an applicant must be an approved sponsor of an internet accident prevention course, pursuant to Article 12-C of the Vehicle and Traffic Law, prior to the effective date of Article 12-D of the Vehicle and Traffic Law, and which delivers such courses to the public.

(b) An applicant must submit a completed application in a form and manner prescribed by the Commissioner for approval in accordance with standards set forth in this Part. The application must include the signature of a person authorized to sign on behalf of the proposed sponsor. An application will not be considered complete until all information, materials, and fees required by this Part, Article 12-D of the Vehicle and Traffic Law, and the Commissioner have been submitted.

(c) To become a sponsor the applicant must address, as part of its application, among other things, the methodology to be used by the applicant, the applicant's mastery of use of the internet as a course delivery method, the applicant's internal controls, and the applicant's overall ability to successfully deliver the course in a manner consistent with consumer service and the aims of the internet pre-licensing course.

(d) The sponsor must not disclose or otherwise make available to any person or entity any personal information, as defined in Article 12-D of the Vehicle and Traffic Law, obtained by such provider about any student who registers for such course. The sponsor must also adhere to the Department's policies regarding the protection and non-disclosure of students' personal information.

(e) An applicant must demonstrate that the internet pre-licensing course can validate:

(1) Student identity at registration and throughout the course;

(2) Participation throughout the course;

(3) That the time requirements of the course are met; and

(4) That the student successfully completed the course.

(f) Applicants may apply to become sponsors immediately upon the date this Part takes effect. No course will be approved until the completed application is received, reviewed by the Department, and a determination to approve the application has been made.

(g) An application to administer the internet pre-licensing course may be denied if adverse material is uncovered during the application review process indicating that the sponsor is not of the high moral and financial character required to operate an internet course.

(h) For an application to be approved by the Commissioner:

(1) Applicants must establish that the proposed sponsor owns or has a right to use all aspects of the internet pre-licensing course that they plan to deliver in New York State (e.g. if using proprietary biometric technology to validate identity and participation, sponsor must provide evidence that the sponsor has rights to use that proprietary technology for this purpose). Once approved, that internet pre-licensing course may not be delivered in New York State by any other sponsor.

(2) The course must provide a minimum of two hundred seventy (270) minutes of instruction. The instruction must include active learning techniques (i.e. requiring student participation). The minimum two hundred seventy (270) minutes shall only count toward time spent instructing the student and shall not count toward time spent on log-in procedures, administrative tasks, help functions, validation processes, audio/visual media download times and reading and responding to content questions.

(3) The course must include all education components required under section 502 of the Vehicle and Traffic Law and any content required by the Commissioner.

(4) Applicants must provide a detailed transcript of the course, including all content, sections, logical breaks, internal controls, proposed audio and video clips (including time duration). Course topic sequencing may be different from the course curriculum (MV-277) established by the Department as long as it does not detract from the logical flow and educational value of the course.

(5) Applicants must provide test questions to the Commissioner.

(6) The course must meet all of the technical specifications prescribed by the Commissioner.

(7) Applicants must provide information on when validation will occur and what validation methods they propose to use.

(8) Applicants must submit no more than one internet pre-licensing course for approval at a time. If the applicant's primary internet pre-licensing course has been reviewed and denied, by the Department, the applicant may submit a separate new application for the revised internet pre-licensing course in accordance with the standards set forth in this Part.

(9) Sponsors must not display advertising during any part of the internet pre-licensing course, including the registration, instruction, testing, validation, or completion periods, nor shall sponsors display any distracting material that is not related to the topic being presented.

(10) Applicants must provide the Department with appropriate access to the course for the purposes of reviewing the materials and internal controls. Sponsors must obtain approval of all changes to course material in accordance with the change control requirements of this Part, prior to implementation by the sponsor. Once changes are approved, the sponsor must provide a new course transcript to be used in the monitoring of the course.

(11) Applicants must provide the following:

(i) A non-refundable application fee of seven thousand five hundred dollars ($7,500.00) must be submitted with each application in the form of a certified check.

(ii) An initial bond, or a letter of credit, separate and apart from any bond or letter of credit required under Part 141 of the Commissioner's Regulations, in the amount of one hundred thousand dollars ($100,000.00) naming the Department as the beneficiary, which would be paid to the sponsor in the event of a security or data breach or to the Department in the event the sponsor ceases doing business in NYS during the pilot period, and/or to reimburse fees paid by students in cases where the sponsor is unable to provide the course. Payment of the bond must not be contingent upon sponsor's approval. Applicants need not provide the bond or letter of credit with their initial application materials, though this requirement must be satisfied before the Department will grant final approval to conduct an internet pre-licensing course. The sponsor must then submit the bond or letter of credit in order to be finally approved. The Department will notify the sponsor when course delivery may commence. The sponsors must submit proof of bond renewal on an annual basis.

(i) Disqualifying application information.

(1) An application will be denied or prior approval will be suspended or revoked if any manager, owner, operator, officer, partner, or employee of the sponsor has been convicted of a felony or any other crime involving fraudulent activity. At the discretion of the Department, after a review of the felony or any other crime and the factors that lead to any such conviction, the Department may issue a waiver.

(2) If it is established that any information provided in the application is fraudulent, the application will be denied, or, if previously approved, sponsor approval will be revoked. In either case, the applicant will not be permitted to file an application for ten (10) years from the date of denial or revocation.

(j) Non-transferability. Sponsor approval to conduct an internet pre-licensing course is not transferable under any circumstances. Both the sponsor approval and internet pre-licensing course approval are tied directly to the sponsor business named on the application form, including all ownership information. An organization that acquires another sponsor's course must submit an application and seek approval in accordance with the standards set forth in this Part.

(k) Change of officers, contact persons, contact information or address.

(1) Sponsors must notify the Department in writing within ten (10) days of any change of any information provided on the original application forms. An amended application form, with signature, must be submitted with the written notification of change.

(2) Sponsors must notify the Department in writing within ten (10) days of any changes in any owners, operators, managers, partners, officers, directors, or controlling shareholders of the sponsor.

(3) Failure to notify the Department of such changes shall be grounds for immediate suspension of sponsor approval.

(4) Transfer of ownership will require the new owner(s) to file a new application with the Department in accordance with the eligibility requirement and approval standards set forth in this section. The transferred course may not be delivered until the Commissioner has approved the new application. The prior owner's internet pre-licensing course approval will be revoked immediately upon transfer of ownership.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.5 Course content and presentation

(a) Sponsors must deliver all internet pre-licensing courses using the internet.

(b) Sponsors must utilize all identity and participation validation methods prescribed by the Commissioner. Sponsors must make any modifications and updates required whenever the Commissioner revises such requirements.

(c) An approved internet pre-licensing course must consist of not less than two hundred seventy (270) minutes of instruction. The course shall be given in accordance with a curriculum provided by the Department and must be presented using methods and practices acceptable to the Commissioner.

(d) Sponsors may administer a course that is delivered in different languages, but no sponsor shall deliver courses that vary in content.

(e) Immediately upon any individual's completion of a course, sponsors must submit a course completion confirmation to the Department in a form and manner prescribed by the Commissioner. Within twenty-four (24) hours of a student successfully completing the course, sponsors must issue a notification of completion electronically to those individuals who have successfully completed the course. The notification of completion must include the name of the student, only the last three digits of the student's client identification number, the sponsor code issued by the Department for the internet pre-licensing course, and the date the student completed the course. This notification of completion is not an official course completion confirmation. Sponsors must not issue a course completion confirmation to the Department or a notification of completion to the student prior to the student successfully completing all requirements of the course. Sponsors must indicate on the course completion confirmation the identity of the motorist who completed the course, identity of the sponsor which administered the course, course completion date, method by which the course was administered, and any other information required by the Commissioner. Course completion confirmations must only be provided by the sponsor directly to the Department in a form and manner required by the Commissioner. Sponsors must obtain approval from the Commissioner as to the format of the course completion confirmation.

(f) Sponsors must maintain records as required by the Commissioner. Records of individuals who complete a course, or attempt to complete a course, must be retained by sponsors for a period of at least five (5) years from the date the record is created, or the date of course completion, whichever is later. Sponsors must make such records available during such period for inspection and verification by the Department.

(g) Sponsors must issue duplicate notification of course completion to any individual who has completed the course upon such individual's request. Sponsors must not charge individuals for the issuance of duplicate notification of course completion. Sponsors must not issue duplicate notification of course completion more than one (1) year after completion of the course. The duplicate confirmation must have the same expiration date as the original.

(h) Sponsors must notify the Department immediately following any security or data breach, or at any time Sponsors have, or are notified that there exists, a reasonable belief that a security or data breach has taken place.

(i) In the event a course is discontinued, sponsors must report and provide all course completion information to the Department. Sponsors must account for all motorists who participate in the internet pre-licensing course, and sponsors must make all payments due to the Department during administration of the course and following course discontinuance.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.6 Seminars

Sponsors must provide at least one representative to attend and participate in any seminars with the department when significant changes are made, as determined by the department, affecting either the curriculum or the administration of the course or both. Failure of any sponsor to attend and meaningfully participate in any of the required seminars, after notification to do so, may result in the suspension or revocation of the sponsors approval to conduct the course.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.7 Monitoring Internet Pre-Licensing courses

(a) Department Sponsors must permit the Department, or any designee of the Department, to supervise and/or monitor the internet pre-licensing courses.

(b) All internet pre-licensing courses are subject to routine evaluation by authorized representatives of the Commissioner. Any violations or irregularities with respect to course presentation, instructional quality, adherence to curriculum or any requirement prescribed by the Commissioner may result in sanctions against the course sponsor. Such sanctions may include suspension or revocation of the sponsor's approval to provide this course using the internet. Sponsors must allow the Department or its designee to make periodic unscheduled inspections of all sponsor facilities and records related to the delivery and administration of the internet pre-licensing course.

Any refusal or denial by an approved sponsor or its employee, agent, or representative to allow a designee of the Department to make an evaluation of the internet pre-licensing course may be due cause for a sanction.

(c) Sponsors must monitor the parameters of program delivery and adherence to a sponsor's approved course and timeframes, internal controls, and other measures to ensure that the participant receives a complete and effective course in full compliance with all applicable laws and regulations.

(d) In addition to any monitoring conducted by the Department or a third-party monitor selected by the Department, sponsors are responsible for policing their own program. Sponsors must implement sufficient controls to ensure that the approved internet pre-licensing course, including any time frames, testing, identity, and participation validation techniques, as well as customer service and support functions, remain accurate and functional at all times. System failures, unapproved changes, or absence of internal controls may result in suspension or revocation of the sponsor's internet pre-licensing course.

(e) Sponsors must procure an independent third-party monitor to ensure program integrity at their own expense. All reports prepared by such monitor must be provided to the Department. A minimum of one report per quarter prepared by such monitor must be provided to the Department.

(1) A contract between a third-party monitor and a sponsor must include, but not be limited to, the following types of oversight:

(i) that the third-party monitor visit the sponsor locations on an annual basis to review compliance with Department course requirements;

(ii) that sponsors give the third-party access to information consistent with that provided to the Department. Third-party monitors must adhere to all state and federal privacy laws relative to data provided to any other party;

(iii) that the third-party monitor completes each course offering at a minimum of twice per quarter so as to verify all requirements are being met;

(iv) that the third-party monitor will receive regular data transmission according to a defined record format of student reporting requirements for the internet pre-licensing course and that the monitor will analyze data for trends and patterns of abuse. Sponsors must adhere to all state and federal privacy laws relative to data provided to any other party;

(v) that the third-party monitor must conduct at least two onsite audits of the sponsor's data hosting and reporting process, policies, and implementation, during the 1st and 3rd year of the sponsor's participation in the pilot to ensure data collected, stored, and reported is consistent with what the sponsor received; and

(vi) that during the onsite audit, third-party monitors will review sponsor's security of motorist personal information to ensure adherence with security policies as prescribed by the Commissioner.

(2) Monitors must cooperate with the Department's supervision and monitoring of internet pre-licensing courses and must allow the Department access to all records related to such courses. The Department shall be permitted to contact sponsor's third-party monitors directly, without prior approval of, or notification to, sponsors.

(3) The Department reserves the right to require the replacement of third-party monitors, including those procured by the sponsor. The Department shall not be held liable for the actions of any third-party monitors.

Monitors must cooperate with the Department's supervision and monitoring of internet pre-licensing courses and must allow the Department access to all records related to such courses. The Department may contact sponsors' third-party monitors directly, without prior approval of, or notification to, sponsors.

(f) In the event that a course is monitored and found to be deficient by the sponsor's third-party monitor, a review of data transmission is found to be suspect, or the review of the sponsor's hosting, reporting, or security process appears deficient, a report of such deficiencies must be delivered in writing to both the Department and sponsor within 24 hours of identification. When notified of a deficiency, sponsors must investigate as soon as possible, but in no event shall the investigation be completed more than 10 calendar days after notification of such deficiency. Where a deficiency is confirmed, the sponsor must provide the Department with a remediation plan within 10 calendar days. Sponsors must correct the deficiency within 30 calendar days. The Department, in its discretion may, but is not required to, consider requests for extensions of time on a case-by-case basis.

If such request is considered, the Department may grant or deny the request.

(g) The Department may periodically audit any and all sponsor records and third-party monitor records related to the internet pre-licensing course. The sponsor must cooperate with such periodic audit conducted by the Department.

(h) The Department reserves the right to review and approve the use of third-party data or information for the purpose of validating student identity, this includes the review of any contracts, agreements, security protocols, and policies, and may consult any third-party data provider without permission from the sponsor.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.8 Internet Pre-Licensing course Evaluation

(a) Sponsors must complete and submit course effectiveness documentation to the Department no less than ninety (90) calendar days prior to the end of any pilot period.

(b) In order to evaluate motorists' experiences with the internet pre-licensing course, sponsors will be required to collect data for each student who has completed, or attempted to complete, the course relative to the following factors:

(1) Overall course satisfaction;

(2) Perception that the course was interesting;

(3) Perception that the course was easy to use; and

(4) Perception that the course will positively influence their future driving performance.

(c) The student completion information, as described in this section, must be reported by sponsors in a form and manner prescribed by the Commissioner.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.9 Internet Pre-Licensing Courses Requirement

(a) Course Timing. The internet pre-licensing course must include built-in timers to ensure that two hundred seventy (270) minutes of instruction have been attended and completed by the student. Timers must be built into online and interactive courses in order to prevent a motorist from advancing to the next page or section in less than the amount of time it would take the average person to read or be exposed to that page or section. Timers must be incorporated into the verification process so that if a telephone verification system is used, the student cannot complete the validation piece of each section until the amount of time that it would take an average person to complete such section has passed.

(b) Each sponsor application, submitted in accordance with this Part, must include a specific plan for how instruction time will be calculated. In addition, the sponsor must record and store a record of such calculations, including all instruction time, and such record must be made available by the sponsor to the third-party monitor and the Department for monitoring and quality control purposes. Instruction time calculations, included as part of each student's completion record, must clearly differentiate actual interactive instruction time from non-instruction time, such as log-in procedures, administrative tasks, help functions, validation processes, audio/visual media download times and time spent reading/responding to content questions. This information must also be used by the sponsor in fulfilling its monitoring responsibilities as defined in this Part. The sponsor must store this data for a minimum of five (5) years from the date it was created, or the date the course was completed, whichever is later.

(1) Sponsors must provide toll free telephone lines staffed by knowledgeable customer service staff that can assist with routine questions. Staff must be knowledgeable about policy, procedural, technical, and content matters.

(2) Sponsors must also provide online assistance, in addition to telephone support, through the use of frequently asked questions and/or online chat access or equivalent real-time communication.

(d) The course must meet all of the technical specifications as prescribed by the Commissioner.

(e) Sponsors must validate a student's identity as part of the internet pre-licensing course. Sponsors must choose a minimum combination of validation techniques in designing their internet pre-licensing course, subject to approval by the Department. The Department will assign relative point values to each technique to assess the security and integrity of each sponsor's validation solution.

(f) Sponsors must prominently identify for potential students on informational pages of the sponsor's website all validation methods that will be used during the course, and sponsors must notify potential students during the registration process of all validation methods that will be used during the course. Sponsors must not accept payment prior to the student agreeing to the validation methods.

(g) In the event sponsors have alternate validation techniques, the Department may review such alternates to determine if they are acceptable.

(h) Internet/interactive delivery specific requirements.

(1) Receipt. All students who have paid for the course must be provided a receipt of such payment. The receipt is not proof of official course completion. The receipt must indicate thereon that it is evidence of course payment. Such receipt must be displayed online and available for printing and must, in addition, be e-mailed to the student.

(2) Students must complete the internet pre-licensing course within 30 calendar days of registration. Sponsors must exclude from the program, students who do not successfully complete the course, and those students shall forfeit course fees. Sponsors may, in their discretion, choose to waive a fee or allow the student to enroll in a new course without paying an additional course fee. Students who have been excluded from the course and are allowed to enroll in a new course must complete the entire course.

(3) Sponsors must maintain an escrow account with the Department to pay fees required to be paid to the Department. Sponsors must ensure that such account has sufficient funds to pay such fees at all times.

(4) Sponsors must comply with all state and federal laws requiring that electronic and information technology be accessible to people with disabilities. In particular, whenever video or audio is playing, sponsors must ensure that a text stream of the spoken word will be visible where appropriate.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.10 Change Control

(a) Sponsors are prohibited from making any changes to the internet pre-licensing course curriculum or internal controls without prior approval of the Department.

(1) Sponsors must request any course change in writing. A written request must include:

(i) Reason for the change;

(ii) Complete description of the change;

(iii) The impact of the change on the two hundred seventy (270) minute course requirement, content of the section in which it is placed, and the overall course; and

(iv) The impact of the change on course delivery, security, and validation.

(2) The Department will review the change to determine if it is warranted. Sponsors must test changes impacting timeframes, delivery method, and security prior to approval. Sponsors may implement changes immediately upon approval.

(3) The Department may request additional information relating to proposed changes described in this section.

(b) Implementing any change without prior written approval from the Department shall be grounds for suspension or revocation of approval to deliver the internet pre-licensing course or of sponsor approval, or both.

(c) Sponsors must make updates to the course curriculum in such manner and within such timeframe as may be required by the Department.

(d) Sponsors are encouraged to update their course curriculum on an annual basis to include the latest laws, statistics and traffic safety trends.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.11 Information Security Guidelines

(a) Protection of student confidential information is of paramount importance to the Department. Sponsors must ensure client information is kept confidential and secure. This includes securing personal information, as defined by Article 12-D, along with purchase information (such as credit card information), identity information (such as motorist ID, personal information questions and answers), and records maintained to validate student and sponsor compliance with the requirements, including any client reported information on tests and surveys.

(b) Sponsors must comply with the New York State Personal Privacy Protection Law, the Driver Privacy Protection Act (DPPA), and any other state or federal privacy protection laws. In addition, sponsors must comply with NYS Information Security Breach and Notification Act, Sec 208, NYS Technology Law, and Sec. 899-aa NYS General Business Law.

(c) If there is any breach of security, the affected sponsor must notify the Department as soon as possible after the security breach, providing details of the incident(s) and what steps were taken to address the security breach in a timely manner.

(d) The Department will review each sponsor's security plan prior to course approval. After approval has been granted, the Department, the sponsor's monitor or a third-party under contract to the Department, reserves the right to audit the sponsor's internet information security practices, security of office sites, systems and test areas on a periodic basis, or when circumstances as determined by the Department warrant. The sponsor must not rely on the Department's approval of the security plan as an assurance that any or all aspects of the sponsor's internet pre-licensing course are in compliance with state and federal laws.

(e) Sponsors must maintain records for the internet pre-licensing course separately from any other course data, and sponsors must structure their data systems to differentiate between the courses. Course records and data, with the exception of biometric data, must be retained by the sponsor for a period of not less than five (5) years from the date the data was collected, or the date of course completion, whichever is later. Biometric data, facial recognition, key stroke analysis, voice print or fingerprints, must be retained by the sponsor for a minimum of five (5) business days, and no longer than thirty (30) calendar days from the date the data was collected, or the date of course completion, whichever is later.

(f) Sponsors that are approved by the Department to offer internet pre-licensing courses in languages other than English must be able to delineate between courses provided in various languages.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.12 Internet Pre-Licensing Course Administration

(a) An approved sponsor shall:

(1) perform all administrative functions in connection with the course in accordance with this Part and applicable laws;

(2) provide student participation data to the Department in a manner prescribed by the Commissioner;

(3) make payment to the Department in the amount of eight (8) dollars per student who completes the course;

(4) provide, for the Department's approval, a sample course completion confirmation, which is designed for and capable of preventing fraud and forgery, designates that the internet pre-licensing course was completed, and may be used to verify course completion depending upon the needs of the Department;

(5) establish and maintain appropriate lines of communication with the Department in order to provide efficient and effective administration of the course;

(6) keep program records open to the inspection of the Department during the sponsor's normal business hours, or by appointment at a time and place acceptable to the Department;

(7) submit to the Department copies of any and all written policies and procedures related to the administration of the program;

(8) maintain student completion records, including student digital footprint logs, for a period of five (5) years from the date of completion, and provide duplicate course completion confirmations, if necessary, upon request. Student records must include the items related to course completion as prescribed by the Commissioner;

(9) issue completion notifications within twenty-four (24) hours of course completion to each and every student who successfully completes the course;

(10) report each and every motorist who successfully completes the course to the Department in a form and manner prescribed by the Commissioner;

(11) notify student in advance of all of the requirements necessary to successfully complete the course, including technical requirements and final date for completion. The completion date on the certificate is the date when all requirements have been met;

(12) prominently inform potential students of their privacy rights on informational pages of the sponsor's website and at the beginning of the course materials;

(13) ensure that motorists type "I Agree" to acknowledge and agree to all course completion requirements and the sponsor's privacy policy information required by this Part;

(14) provide an enrollment contract that students must read and acknowledge prior to starting instruction. Enrollment contract must explain the course, minimum instruction times, all fees associated with the course, completion procedures, minimum technology requirements and other relevant information as prescribed by the Commissioner, including the course benefits and limitations. The contract will also include an affirmation by students stating that they will complete the entire course without assistance; will abide by all terms of the contract; will not knowingly accept a course completion confirmation if the course has not been completed; and

(15) give the student an option of receiving a full refund of all course fees where a sponsor is unable to provide the course or any part of the course. In addition to the option of a full refund, students may be given the opportunity to reschedule the course if and when it becomes available.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.13 Penalties; Hearings

No sponsor approval shall be denied, nor shall any sponsor be suspended or revoked by the Department, without the opportunity for a hearing held in accordance with Part 127 of the Commissioner's Regulations and at such time and place as the Commissioner shall prescribe. A request for a hearing must be in writing and made within thirty (30) calendar days of the applicant's receipt of the denial notice, or in the case of a sponsor, within thirty (30) calendar days of the receipt of the notice of suspension or revocation. Any request for a hearing made after the thirty (30) calendar day deadline will not be considered. If such written request for a hearing is timely made, the imposition of any suspension or revocation will be stayed pending completion of the hearing by the Department. The Department may, however, issue a suspension pending the completion of the hearing by the Department as provided for in Part 127.3 of the Commissioner's Regulations.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.14 Suspension or revocation of approval

(a) The Department may suspend or revoke approval of a sponsor to administer an internet pre-licensing course. Suspension or revocation of sponsor approval will apply to all versions of the course being delivered by the sponsor and may be, but not limited to, any of the following causes:

(1) the Department determines that the sponsor has failed to comply with any of the provisions of this Part, the policies of the Department, or any applicable law, rule or regulation;

(2) a sponsor has failed to provide oversight of its program in accordance with this Part;

(3) a course, which after evaluation pursuant to the standards contained in this Part, proves ineffective or which contains any changes which have not been approved;

(4) a sponsor has made a material false statement or concealed a material fact in connection with an application or has knowingly presented false or misleading information to the Department, or to the general public;

(5) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsor to permit the Department or its representatives to inspect any of the offices, records, or courses;

(6) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsor to report every motorist's completion of an internet pre-licensing course to the Department as prescribed by the Commissioner;

(7) failure or refusal of the managers, owners, operators, officers, partners, or employees of the sponsor to produce any program related records when requested to do so by the Department or its representatives;

(8) failure to obtain approval from the Department at least ten (10) business days prior to a change in the sponsor's ownership, name or address, or any business information;

(9) failure of the managers, owners, operators, officers, partners, or employees of the sponsor to submit to the Department, upon request, on or before an established deadline, any forms, reports, or approvals to conduct the course, including the intentional manipulation of requested data;

(10) failure to comply with change control requirements;

(11) submission of a course completion confirmation to the Department, for a person who has not completed the course in accordance with the standards set forth in this Part;

(12) submission of notification of completion to a person who has not completed the course in accordance with the standards set forth in this Part;

(13) for a judgment or conviction for any felony or any crime by any manager, owner, operator, officer, partner, or employee of the sponsor. At the discretion of the Department, after a review of the facts and circumstances relating to the judgment or conviction, the Department may issue a waiver;

(14) alteration of student digital footprint logs collected by the sponsor;

(15) failure of the sponsor to monitor the delivery of its program. In cases where evidence of impropriety is discovered, failure to take appropriate steps to correct the impropriety;

(16) the internet pre-licensing course presentation does not adequately address the subject areas set forth in this Part or the Vehicle and Traffic Law;

(17) failure to renew and/or maintain the one hundred thousand dollar ($100,000.00) bond or submit proof of renewal on an annual basis as required in this Part;

(18) failure to disclose all fees associated with the course, or a change in fees associated with the course, at any time after the motorist agrees to the terms and conditions of the course at the time of registration.

(b) Upon suspension or revocation, the sponsor must provide to the Department any unreported student course completion data, including any student digital footprint logs.

History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 10.15 Course advertising

(a) Any form of advertising (including verbal or written statements, promotional materials, brochures, leaflets, newspaper and magazine ads, yellow page ads, radio and television publicity, receipts, internet web pages, pop up ads or any other medium which makes reference to the internet pre-licensing course) by a sponsor must conform to the following:

(1) Advertising must reflect the serious nature of the internet pre-licensing course and, in no manner, either through the text of the advertisement or through the name of the course, diminish the subject matter or serious nature of the course. Advertising must not refer to gimmicks or enticements, such as comedy or free gifts, or to any benefits other than eligibility to take a road test upon completion.

(2) No sponsor may make reference to the Department, other than to reference that the course is approved by the New York State Department of Motor Vehicles. Words which convey partnership, such as "in cooperation with," "supervised by," "recommended by," or "endorsed by" the Department may not be used. No sponsor may advertise or imply that it is associated with or is an agent or employee of the Department. No representative of the sponsor shall knowingly allow the use of advertising that could lead the public to believe that they or the sponsor are an employee, representative, or agent of the Department.

(3) No sponsor shall be permitted to conduct business or advertise under any name that has not been approved by the Department, pursuant to Articles 12-B, 12-C, and 12-D of the Vehicle and Traffic Law. No sponsor may use the words "driving school," "drivers' school," or any variation thereof in its name in advertising unless it is licensed in accordance with Part 76 of the Commissioner's Regulations.

(4) No sponsor may advertise approval to administer an internet pre-licensing course in any manner until the course has been approved by the Department. No organization shall advertise in any manner that such organization can provide students with eligibility to take a road test until such time as the sponsor and the course have been approved by the Department.

(5) All advertising must indicate that the course includes a minimum of two hundred seventy (270) minutes of instruction.

(6) If a language other than English is used in the course, all advertising related to such course must contain this fact.

(7) Internet pre-licensing course advertising shall not be combined with any other advertising, such as driving school or insurance agency advertising, unless it has been approved by the Department, in accordance with this section, in order to protect the public from potentially confusing or misleading information.

(8) No sponsor may publish, advertise, or imply that the completion of the course conducted for pre-licensing will result in "erasing", "masking" or deleting any information from a motorist's driving record, the reduction of points, or successful completion of a road test or driver education.

(9) No sponsor or employee may make false or misleading claims or statements in any of its advertisements.

(10) All course advertising must identify the sponsor and the internet pre-licensing course.

(11) Any material contained in literature produced by the Department may be quoted without attribution, provided the quote retains its original meaning. Any presentation of Departmental material which implies or creates a meaning other than the meaning intended by the Department is prohibited.

(12) No sponsor, or employee shall falsely advertise or represent itself to be an agent or employee of New York State unless the sponsor is a State agency offering a Department-approved course to its employees.

(13) No sponsor shall conduct business or display or distribute any advertising material within a building owned or leased by the State or a county in which motor vehicle registrations or licenses are issued to the public.

(14) A copy, recording, or video of any advertisement shall be kept on file by a sponsor for five (5) years from the date it was last used or distributed to promote the internet pre-licensing course, along with a record of when and where it was used or distributed.

(15) Permission to re-publish any content of the Department's web site shall be obtained by the sponsor from the Department in writing prior to re-publishing such content. The Department will provide an image to use as a link to the site. The Department's web site may not be placed within any other web site frames.

(16) Comparative statistics or claims that state or imply that one sponsor is more effective than another are prohibited. The effectiveness of one sponsor's approved course may not be statistically compared to another approved course for advertising and promotional purposes.

(17) No implicit or explicit claims that are not supported by documentation are permissible. Such documentation and the proposed advertising must be reviewed and approved by the Department in accordance with the standards of this section before they may be used.

(18) The Department may require a sponsor to modify or discontinue advertising that the Department deems inappropriate, false, or misleading.

Department of Motor Vehicles

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History

Adopted New York State Register June 17, 2020/Volume XLII, Issue 24, eff. 6/17/2020

Part 11 Special Requirements for For-Hire Vehicle Motor Carriers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 11.1 Affidavit of Compliance

Motor carriers, as defined by section 507-a of the Vehicle and Traffic Law, must attest to their compliance with such section by submitting to the Department annually on or before August 3rd the Drug and Alcohol Testing Passenger Motor Carrier Certificate of Applicability.

History

Adopted New York State Register March 2, 2022/Volume XLIV, Issue 09, eff. 3/2/2022

Subchapter B Registration, Certificate of Title, and Number Plates

Part 15 New York City Commercial Motor Vehicle Use Tax

N.Y. Comp. Codes R. & Regs. Tit. 15§ 15.1 Introduction

WHEREAS, the City of New York has duly enacted Local Law No. 57 of 1996 (hereinafter referred to as "the local law"), which amended chapter 8 of title 11 of the New York City Administrative Code (hereinafter referred to as "the Code"), as authorized by chapter 1032 of the Laws of 1960 as amended by chapter 789 of the Laws of 1992; and

WHEREAS, chapter 8 of title 11 of the code imposes a tax on the use of certain motor vehicles in New York City; and

WHEREAS, such local law added section 11-809.1 to the code, calling for the Commissioner of Motor Vehicles to collect such tax on certain motor vehicles; and

WHEREAS, section 11-809.1.k of the code authorizes the commissioner of finance and the Commissioner of Motor Vehicles to enter into an agreement governing the collection of such tax;

NOW, THEREFORE, the parties hereby agree as follows:

N.Y. Comp. Codes R. & Regs. Tit. 15§ 15.2 Definitions

The following words and phrases as used herein shall be defined as follows:

(a) Person. An individual, partnership, corporation, joint-stock company, society, association, receiver, lessee, trustee, estate, referee, assignee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals.

(b) Motor vehicle. Any vehicle operated upon a public highway or public street propelled by any power other than muscular power.

(c) Commercial motor vehicle. Refers to those vehicles set forth in section 15.3 of this Part and having a mgw of 10,000 pounds or less.

(d) Use. Any use of a motor vehicle upon the public highways or streets of the city.

(e) Maximum gross weight. The weight of the motor vehicle plus the weight of the maximum load to be carried, if any, by such vehicle.

(f) Registrant. The person who registers a motor vehicle as owner thereof pursuant to the registration requirements of the Vehicle and Traffic Law of the State of New York.

(g) Registration fee. The full annual fee or charge prescribed in the Vehicle and Traffic Law of the State of New York for the registration of a motor vehicle.

(h) City. The City of New York.

(i) Commissioner of finance. The commissioner of finance of the city.

(j) Tax year. June 1st of any calendar year through May 31st of the following calendar year.

(k) Medallion taxi cab. A motor vehicle used for the transportation of passengers which is duly licensed as a taxicab by the taxi and limousine commission of the city and permitted to accept hails from passengers in the street.

(l) Commissioner of Motor Vehicles. The Commissioner of Motor Vehicles of the State of New York.

(m) DMV. The Department of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 15.3 Tax to be collected; applicable vehicles and transactions

(a) The tax (hereinafter called "NYC tax") shall be collected as provided for in this agreement. The tax shall be $400 per year for motor vehicles used for the transportation of passengers other than medallion taxicabs and $40 per year for commercial motor vehicles with a maximum gross weight of 10,000 pounds or less.

(b) The vehicles to which such tax applies are as follows:

(1) Vehicles in this paragraph shall be assessed a tax of $40. Vehicles registered to residents of New York City counties in category agricultural (AGR), commercial household carrier (CHC), commercial (COM), commercial sports plate (CSP), ham operator commercial (HAC), organizational plate-commercial (ORC), regional plate commercial (RGC), special purpose commercial (SPC), tow truck (TOW), tractor household carrier (THC) and tractor (TRC) with a maximum gross weight of 10,000 pounds or less. Upon mutual agreement of the parties, when a new class of commercial vehicle is established, such vehicle shall be subject to the tax described herein.

(2) Vehicles in this paragraph shall be assessed a tax of $400. Vehicles registered to residents of New York City counties in category omnibus regular (OMR), omnibus special (OMS), and omnibus vanity (OMV) (These include rental vehicles), omnibus livery (OML) and omnibus taxi (OMT), excluding madallion cabs (which are used exclusively in New York City). All vehicles issued TC plates by DMV shall be subject to the $400 tax, no matter the residence of the vehicle owner.

(c) The department of finance shall collect all NYC tax payments from vehicles currently enrolled in such department's pay-by-tape program, for those vehicles weighing more than 10,000 pounds. Vehicles in the pay-by-tape program registered to an address in a NYC county weighing 10,000 pounds or less will be required to pay their NYC tax payments to the Department of Motor Vehicles upon renewal of such vehicle's registration.

(d) This collection agreement applies only to the NYC tax due with original vehicle registration and registration renewal. It shall not apply to the reregistration of motor vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 15.4 Administration and collection

The Commissioner of Motor Vehicles or his/her employees and agents shall administer and collect the tax described herein, from the date upon which this agreement becomes effective and thereafter so long as such agreement remains in effect.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.5 Registration applications

(a) Original applications.

(1) The tax will be imposed on all vehicles registered by a resident of a county in New York City, and on all vehicles issued TC plates by DMV.

(2) In order for an exemption from the tax to be claimed, a properly completed and signed exemption affidavit, the UT-11 form, must be submitted with the registration application for those transactions for which the tax would ordinarily be due. The Department of Motor Vehicles will have no obligation to evaluate any exemption affidavit that is properly completed and signed.

(3) Exemption affidavits will be forwarded by DMV to the department of finance, for approval or disapproval of the exemption.

(4) Fixed registrations. If a person makes application for an original registration for which only a partial registration fee is due, such person shall be assessed the tax on a pro-rata basis.

(b) Renewal applications.

(1) Registration renewal invitations will be mailed by the Department of Motor Vehicles. Such renewal invitations will be printed to show the tax as "1 Year Use Tax" or "2 Year Use Tax", and the "Amount Due," or in whatever manner the Department of Motor Vehicles deems appropriate.

(2) Registrants who claim exemption from the tax shall be required to complete an exemption affidavit, the UT-11.

(3) Exemption affidavits shall be processed as described in subdivision (a) of this section.

(c) The Department of Motor Vehicles shall not process an original vehicle registration or registration renewal if the registrant neither pays the NYC Tax nor submits an exemption affidavit.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.6 Deposit of taxes

(a) All NYC taxes imposed under the local law which are collected by the commissioner shall be deposited in a manner agreed upon aby the commissioner and the State Comptroller and, after retention of the amounts as provided in subdivision (c) of this section, shall be periodically withdrawn and deposited to the account of the appropriate fiscal office or department of the city for which the tax has been collected, subject to the approval of the State Comptroller.

(b) The commissioner or State Comptroller, as the case may be, may require adequate security from all such depositories.

(c) The State Comptroller shall retain in said accounts such amounts as the comptroller may, from time to time, determine to be necessary:

(1) for any refunds in respect to NYC taxes required by this Part; and

(2) for the reasonable costs incurred by DMV and its agents in connection with the collection and administration of the NYC tax, as certified by the commissioner.

(d) The appropriate fiscal officer of the city will reimburse the commissioner for any and all costs which have been or shall be incurred in implementing the administration and collection of the vehicle use tax in the event the city repeals the local law or the State of New York repeals the enabling legislation, or in the event a court stays the collection of the tax or declares it null and void.

(e) The revenue collected in accordance with this agreement will be deposited with other fees collected for registration transactions. There will be no separate deposit statement for NYC tax revenues. The department, however, will give the department of finance on a monthly basis, a breakdown of the number of vehicles for which a use tax has been collected in the non-medallion category and the 10,000 pound maximum gross weight and under category.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.7 Retention of operational costs by state

(a) All city tax monies collected in issuing offices of the Department of Motor Vehicles in any calendar month, less collection and administrative costs for such transactions, will be distributed to the appropriate fiscal officer of the city by the end of the following month by the State Comprotller, upon certification from the commissioner.

(b) The collection and administrative costs incurred by DMV and its agents, deducted from the monthly distributions to be made to the city, will be determined on a per transaction basis subject to change as costs change. They will be certified from time to time by the commissioner.

(c) In the event that New York City repeals the local law, New York State repeals the enabling legislation codified in chapter 789 of the Laws of 1992, or the tax is invalidated by a court decision that the city cannot or decides not to appeal, then the commissioner of finance will reimburse the Commissioner of Motor Vehicles for any and all implementation and recurring operational costs.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.8 Duties of the city

(a) Determination of tax. If the tax or any part of it due under the local law is not paid to the commissioner when required, the amount of tax due shall be determined by the appropriate fiscal officer of the city from such information as may be available, including motor vehicle registrations and/or other facts. Notice of such determination shall be given to the person liable for the tax.

(b) Recovery of tax. Whenever any person shall fail to pay any tax, penalty or interest, proceedings to recover such monies shall be the responsibility of the city.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.9 Refunds

Whenver it is determined that a person is entitled to a refund of a use tax which has been collected by DMV, it shall be the responsibility of DMV to make such refund. A tax refund shall only be issued by DMV when a registration refund is authorized by section 428 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.10 Right to audit

The commissioner of finance or his/her duly authorized representative shall have the right to audit the accuracy of the payments, distributions and remittances made to him/her pursuant to this agreement, and amounts retained therefrom, upon his/her request, but not more than once in each calendar year at a time agreed upon by the Commissioner of Motor Vehicles and the State Comptroller.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.11 Indemnification

(a) The City of New York shall indemnify and save harmless the Commisioner of Motor Vehicles from and against any and all liability, damage, expense, casues of action, suits, claims, penalties or judgments arising from the administration and collection of tax pursuant to this agreement.

(b) The City of New York shall, at its own cost and expense, defend any and all suits and actions which may be brought against the Commissioner of Motor Vehicles, or in which the Commissioner of Motor Vehicles may be impleaded with others, arising from the administration and collection of the tax.

(c) In the event of the failure of the City of New York to do so, the Commissioner of Motor Vehicles may, at the cost and expense of the City of New York and upon prior written notice to the commissioner of finance, defend any and all such actions, and the City of New York shall satisfy, pay and discharge any and all judgments that may be recovered against the Commissioner of Motor Vehicles. If the City of New York fails to make any such payments, the Commissioner of Motor Vehicles may pay the same, together with any related costs and interest, and may deduct such payments from any revenues collected under this agreement that would otherwise be distributed to the department of finance.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.12 Effective date

This agreeement shall take effect upon filing with the Secretary of State and shall apply to applications for original registrations filed on or after June 1, 1999, and to applications for renewal of registrations expiring on or after June 1, 1999.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 15.13 Agreement controlling and determinative

(a) The Commissioner of Motor Vehicles and the commissioner of finance agree that this agreement shall be exclusively controlling and determinative of the respective authorities, responsibilities, duties, obligations and liabilities of the respective parties with respect to the collection, administration, custody, remittal and enforcement of the tax as imposed by the City of New York pursuant to the code.

(b) This agreement shall be construed in accordance with the laws of New York State and New York City, including all future amendments thereto. In the event of any conflict between this agreement and any such law, the law shall supersede this agreement, but any provision of the agreement not affected by such conflict shall remain in effect.

Part 16 Special Number Plates

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.1 Introduction

Sections 404 and 411-a of the Vehicle and Traffic Law authorizes the Commissioner of Motor Vehicles to issue "special number plates" to applicants, upon payment of the service charge prescribed by such sections of such law, in addition to the regular registration fee prescribed by Section 401 of such law.

History

Amended New York State Register August 10, 2016/Volume XXXVIII, Issue 32, eff. 8/10/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.2 Scope of regulations

These regulations shall apply to special number plates, but shall not apply to:

(a) number plates in series reserved in the public interest for purposes of facilitating identification of State and municipal vehicles and those owned by members of international governmental organizations;

(b) number plates assigned by the commission for issuance by county clerks;

(c) number plates issued for a motor vehicle exempt from the payment of a registration fee pursuant to subdivision (6) of section 401 of the Vehicle and Traffic Law; or

(d) number plates issued to amateur radio operators pursuant to paragraph (e) of subdivision (6) of section 401 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.3 Definitions

(a) For the purposes of Section 404 of the Vehicle and Traffic Law and these regulations, a special number plate shall be a number plate or a set of number plates containing not more than eight letters, numerals or combination thereof, and which is reserved by the commissioner for issuance in accordance with the provisions of this Part, and shall be either a reserved series or a personalized plate. For the purposes of determining the number of letters or numerals, a space or dash shall be considered a letter or numeral. However, special number plate issued to a motorcycle registered pursuant to Section 411-a of the Vehicle and Traffic Law shall contain not more than six letters, numerals or combination thereof.

(b) A reserved series is a series of special number plates reserved for issuance to vehicles owned by public officers, physicians, accredited representatives of the press or other groups.

(c) For purposes of this Part, a personalized plate is any number plate that bears a plate number that is a combination of letters and/or numerals requested by the applicant and is issued under Vehicle and Traffic Law, Sections 404 or 411-a. P ersonalized plates shall include, but need not be limited to, plates that have a picture or logo next to, or as a part of the background of, the plate number.

History

Amended New York State Register August 10, 2016/Volume XXXVIII, Issue 32, eff. 8/10/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.4 Applications

(a) Applications for assignment of a special number plate must be made upon a form prescribed by the commissioner. All such applications shall be date-stamped upon receipt. In the event the issuance of a particular special plate is requested by more than one applicant, the plate shall be issued to the person whose application was first received, except as provided in subdivision (b) of this section.

(b) In reserved series, the commissioner may establish a different method of issuance than that in subdivision (a) of this section, based upon seniority, accreditation or other criteria or qualifications established for the appropriate group.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.6 Reissuance of plates

(a) A special number plate for which the validation has expired, but which plate has not been surrendered to the department, shall not be reissued until one year after its last stated expiration date.

(b) Except as provided in section 16.7(b) of this Part, a special number plate which has been surrendered to or replaced by the department shall not be reissued until one year from:

(1) the expiration of the first year of the two-year registration period if the plats is surrendered or replaced within the first year; or

(2) the expiration of the second year of the two-year registration period if the plate is surrendered or replaced during the second year.

However, if the plate is requested by the person who had such plate replaced by the department or who surrendered the same, such plate may be reissued immediately, provided that the plate is available for issuance. This subdivision shall not apply to plates in reserved series, which may be reassigned immediately.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.7 Lost, stolen, mutilated or destroyed plates

(a) If one plate of a set of special number plates is lost, stolen, mutilated or destroyed, the holder thereof shall, upon request, be issued a duplicate set of special number plates. (Standard series plates shall be issued to the applicant for use until the duplicate set is available.)

(b) If both plates of a set of special number plates are lost, stolen, mutilated or destroyed, such plates shall not be reissued until one year from their last stated expiration date.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.8 Transfer

Special number plates assigned to a vehicle may, in the discretion of the commissioner, be transferred to any person one year after the expiration date of the registration, or to any person within one year after the expiration date of the registration with the permission of the prior registrant or his estate. Nothing contained herein shall be construed to give any person a property right to a special number plate.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.9 Renewals

The registrant of a vehicle to which a special number plate has been assigned shall have the right to renew such registration, within one year of the expiration thereof, and to retain such special number plate, unless otherwise barred by statute or by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.10 Special plates obtained by dealers

Whenever a dealer obtains or orders a special or distinctive plate for the purchaser of a motor vehicle, pursuant to Vehicle and Traffic Law section 403-b, the department shall issue a credit to such purchaser for any number plates or other temporary or interim plates issued in advance of the receipt of the special or distinctive plate.

Part 17 Number Plates

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.1 Number plates continued

(a) Except as otherwise provided herein, number plates assigned to vehicles for the registration period commencing January 1, 1966, and number plates assigned to vehicles on original registrations in registration periods thereafter, shall consist of two plates and one validating sticker except that only one number plate and one validating sticker shall be assigned for trailer and motorcycle registrations. Such number plates, or plate, shall be continued for succeeding registration periods, until otherwise prescribed by the commissioner, so long as the vehicle is registered in the name of the same person to whom such number plates were issued and the vehicle is eligible for assignment of such plates.

(b) Number plates issued for registration periods commencing prior to January 1, 1973 and validation stickers for such registrations shall be valid only until the end of the registration period for which they are issued. Number plates issued for registration periods commencing January 1, 1973 shall be reflectorized and shall be continued for succeeding registration periods until otherwise prescribed by the commissioner, so long as the vehicle is registered in the name of the same person to whom such number plates were issued and the vehicle is eligible for assignment of such plates.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.2 Dealer and transporter number plates continued

(a) Dealer and transporter number plates assigned for use on vehicles during the registration period commencing January 1, 1966, and dealer and transporter plates assigned for use on vehicles on original applications in registration periods thereafter, shall consist of two number plates and one validating sticker, except that only one motorcycle dealer number plate and one validating sticker shall be issued to motorcycle dealers for use on a motorcycle. The validity of such dealer and transporter number plates shall expire December 31, 1973.

(b) Dealer and transporter number plates assigned for use on vehicles by dealers or transporters who are issued original registrations for registration periods commencing on and after January 1, 1973, and for dealers or transporters who are issued renewal registrations for registration periods commencing on and after January 1, 1974, shall consist of one number plate and one validating sticker, except that only one motorcycle dealer number plate and two validating stickers shall be issued to motorcycle dealers for use on a motorcycle. Such dealer and transporter number plates shall be reflectorized and such plates shall be continued for succeeding registration periods, until otherwise prescribed by the commissioner, so long as the dealer's or transporter's registration is renewed for each such registration period.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.3 Validation of continued number plates

Except as otherwise provided herein, number plates which are continued for succeeding registration periods, including dealer and transporter number plates, shall be validated for the original registration period and for succeeding registration periods by a separate validating sticker showing the month and year of expiration for each such registration period. Upon renewal of a registration, validation sticker and number plates for such renewal periods may be affixed during the month preceding the date of expiration of the registration being renewed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.4 Placement of number plates and validating sticker

(a) One number plate shall be issued for motorcycles, motorcycle dealers and trailers and it shall be placed on the rear of the vehicle. Validating stickers issued for use on motorcycle and motorcycle dealer number plates shall be placed on the right side of such plate in the location provided. Validating stickers issued for use on trailer number plates shall be placed in the lower right-hand corner of such plate.

(b) Validating stickers issued for use on number plates issued for tractors shall be placed in the lower right-hand corner of the number plate attached to the front of the tractor, except upon the renewal of any such registrations which expire after September 30, 1972, and upon the original issuance of any such registration for any registration period commencing on and after November 1, 1972, the validating sticker which will be issued shall be a windshield sticker which will be placed on the vehicle as prescribed in subdivision (d) of this section.

(c) Validating stickers issued for use on all other plates shall be placed in the lower right-hand corner of the number plate attached to the rear of the vehicle, unless otherwise provided by these regulations, upon the renewal of any such registration which expires after September 30, 1972 and upon the original issuance of any such registration for any registration period commencing on and after November 1, 1972, except those registrations which expire on December 31, 1972, the validating sticker which will be issued will be a windshield sticker which will be placed on the vehicle as prescribed in subdivision (d) of this section.

(d) Windshield stickers shall be placed on the left-hand side of the inside front windshield to the right of the inspection sticker as viewed from the driver's seat in a position that will not obscure the vehicle identification number, except that on vehicles bearing a Department of Transportation inspection sticker, the windshield sticker shall be placed on the right-hand side of the inside front windshield to the left of the inspection sticker as viewed from the driver's seat. Any old or expired windshield stickers shall be removed before placement of a current validating sticker on the windshield. However, if a vehicle has no windshield, the sticker should be kept with the registration certificate and must be carried in the vehicle.

(e) No windshield sticker shall be required on a motor vehicle which would qualify for historical registration and which is not registered, but which displays a set of registration number plates issued for a historical motor vehicle under section 401 (7)(g) of the Vehicle and Traffic Law, while such motor vehicle is being operated for the purpose of test driving by the registrant or his agent in anticipation of possible purchase.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.5 Number plates of the state, twy and official series

Number plates of the State series which bear two numerals designating the model year of the vehicle followed by four numerals issued for vehicles owned by the State, number plates which bear the letters TWY followed by numerals issued for vehicles owned by the New York State Thruway Authority, and number plates which bear five numerals followed by a letter issued for vehicles owned by political subdivisions and public authorities of this State shall be continued in use until otherwise prescribed by the commissioner. No validating sticker will be required to be affixed to such plates.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.6 Number plates not continued

Number plates, which have the month and year of expiration embossed thereon, shall not be continued for succeeding registration periods. Such number plates shall expire at the end of the month of the year which is embossed thereon.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.7 Replacement plates and additional dealer and transporter plates

On and after January 1, 1973, any replacement plates or any additional dealer or transporter plates which are issued will be reflectorized. Unless the plates are of a type for which a validation sticker on the plate is required for 1973 and thereafter, or if the plates have the expiration embossed thereon, the validation sticker which will be issued with such plates shall be a windshield validation sticker.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.8 Reregistration and amendment of registration transactions

Upon any reregistration or amendment of a registration where the registration has an expiration date in 1973 or thereafter, a windshield validation sticker will be issued. This provision shall not apply to a reregistration or an amendment of any registration for which a number plate having the month or year of expiration embossed thereon or a number plate having a plate validation sticker is proper.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.9 Special provisions with respect to certain number plates

In addition to those situations set forth in section 17.1 of this Part and notwithstanding any other provisions of this Part to the contrary, between July 1, 1986 and June 30, 1988, a set of number plates may consist of only one metallic number plate if all of the following conditions are met:

(a) The metallic number plate does not bear the likeness of the Statue of Liberty.

(b) The plate is validly displayed on the rear of the vehicle, except if the vehicle is a tractor, the plate is displayed on the front.

(c) A current validating sticker containing that plate number and the appropriate description of the vehicle is properly affixed to the windshield of the vehicle.

(d) The second number plate of the set originally issued has been lost, stolen, mutilated or destroyed.

(e) A replacement facsimile of such second number plate is obtained from an office of the Department of Motor Vehicles and is properly completed and displayed on the dashboard or passenger-side window visor of the vehicle in a manner so that it is visible through the windshield from the outside of the vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 17.10 Plate reissuance

(a) Upon the request of an applicant for passenger and commercial registrations, and payment of a one-time fee, not to exceed $20, the department shall provide a number plate or plates bearing the same distinctive numerals and/or letters as the number plate being replaced through plate reissuance. Such one-time fee shall be in addition to the regular registration fee and reflectorized plate fee prescribed by Vehicle and Traffic Law, section 401. O nce reissued plates are received, the $20 fee will be non-refundable. If reissued plates are lost in transit and have not been returned to the department as undeliverable, the customer may apply to the department for a refund of the $20 fee and will be issued a new plate or plates with new numbers at no charge. Such fee shall not be charged for any special or distinctive design number plate, for which an annual service charge is paid in addition to the regular registration fee prescribed by Vehicle and Traffic Law, section 401.

(b) If reissued plates are lost in transit and have not been returned as undeliverable, the customer may not have the original plate remade. If reissued plates are returned to the department and recorded as undeliverable, the department will reissue them to the customer.

(c) If both reissued plates are lost, stolen, mutilated or destroyed, the department will not reissue the same plate number.

(d) If one reissued plate is lost, stolen, mutilated or destroyed, the department will replace the plate upon payment of the transaction and plate fee. If the plate is stolen and a police report is submitted, no fee will be charged.

Part 18 Abandoned Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 18.1 Introduction

Section 1224 of the Vehicle and Traffic Law authorizes the Commissioner of Motor Vehicles to promulgate regulations prescribing such forms and procedures as are "necessary or desirable" to effectuate the provisions of that section. Section 1224 sets forth various categories of abandoned vehicles and generally provides for the disposition of such vehicles by the local authority having custody thereof. Local authorities, as defined in the statute, are authorized to take custody of any abandoned vehicle in their jurisdiction, whether abandoned on public or private property.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 18.2 Special provisions for counties

If generally authorized by a local law of the county legislative body, and by resolution of the legislative body of the local authority involved, an officer, department or other agency of county government may contract with any local authority within the county for the purpose of removing and disposing of abandoned vehicles. In such event, the officer, department or other agency of the county involved shall be the agent of the local authority while removing and disposing of vehicles abandoned within the jurisdiction of such local authority. Any monies derived from the sale of such abandoned vehicles, less the expense of removal and sale, shall be held by the county for a period of one year and thereafter paid into the general fund of the county in the same manner as if the county were the local authority entitled to the custody of the vehicle, as prescribed by subdivision 6 of section 1224 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 18.3 Information requests from local authorities

(a) Except as provided in subdivision (b) of this section, a local authority which obtains custody of an abandoned vehicle shall make an inquiry concerning the last owner to the jurisdiction which issued the number plates affixed to the vehicle, or to the New York Department of Motor Vehicles, if there were no number plates affixed. Such inquiry shall be made on form MV-15 (Request for Driving and/or Vehicle Record Information), or on a list specifying vehicle identification number, year of vehicle and make of vehicle or by automated interface with the visual display system of this department or on such other form as may be required by the jurisdiction which issued the number plates. Forms MV-15 shall be sent to the Department of Motor Vehicles, MV-15 Processing, 6 Empire State Plaza, Albany, NY 12228. Lists of vehicle identification numbers shall be sent to the Department of Motor Vehicles, Title Bureau, 6 Empire State Plaza, Albany, NY 12228.

(b) Inquiry concerning the last owner of record shall not be required when the abandoned vehicle is one which was left without number plates affixed and which is of a wholesale value, taking into consideration the condition of the vehicle, of $1,250 or less.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 18.6 Transfer of ownership

(a) How to transfer an abandoned vehicle.

An abandoned vehicle may be transferred according to the directions in either paragraph (1) or (2) of this subdivision, except that a 1972 or older vehicle, and any other vehicle not subject to the certificate of title law, may be transferred according to the directions in paragraph (1) only.

(1)

(i) The local authority shall prepare and give to the purchaser a bill of sale as described in subdivision (b) of this section; and

(ii) An affidavit stating that the last owner and known lienholder(s) have been contacted in accordance with section 1224 of the Vehicle and Traffic Law, and that ownership is acquired under subdivision (3)(c) of that section, or if the vehicle is worth $1,250 or less and had no number plates affixed at the time of abandonment, an affidavit that ownership was acquired immediately under subdivision (2) of that section. Form MV-906A (Certification of Abandoned Vehicle Acquisition) may be used as the affidavit.

(2) In lieu of the items in paragraph (1) of this subdivision, the local authority may prepare and give to the purchaser:

(i) form MV-907A (Salvage Certificate); and

(ii) an affidavit stating that the last owner and known lienholder(s) have been contacted in accordance with section 1224 of the Vehicle and Traffic Law, and that ownership is acquired under subdivision (3)(c) of that section, or if the vehicle is worth $1,250 or less and had no number plates affixed at the time of abandonment, an affidavit that ownership was acquired immediately under subdivision (2) of that section. Form MV-906A may be used as the affidavit.

(b) Form of bill of sale.

No. __

CITY OF NEW YORK

DEPARTMENT OF POLICE

BILL OF SALE

The vehicle described below was sold on the below date as an abandoned vehicle, pursuant to the provisions of section 1224 of the New York State Vehicle and Traffic Law. Notice of sale was sent to the last registered owner, if known, as required by law.

MAKE

.................................................................................................................

YEAR

.................................................................................................................

TYPE

.................................................................................................................

COLOR

.................................................................................................................

CYLINDERS

.................................................................................................................

VIN

.................................................................................................................

DATE OF

AMOUNT

SALE.......................................................................................................

| Engine | Engine | Transmission | Transmission | | --- | --- | --- | --- | | Missing ____ | Damaged ____ | Missing ____ | Damaged ____ |

Name and Address of Purchaser: ........................................................................

(TITLE)

DATED:_______.......................................................................................................

STATE OF NEW YORK)

) ss.:........................................................................................................................

COUNTY OF.. )......................................................................................................

On this __ day of __, nineteen hundred __, before me personally came __, to me personally known, who, being by me duly sworn did depose and say that he (she) is the __ of the __, and that he (she) is duly authorized and empowered to execute this instrument and that he (she) has signed his (her) name hereto by the virtue of the power vested in him (her).

(VIN) ..............................................................................................

When an abandoned vehicle for which a salvage certificate (form MV-907A) has been prepared is sold, the local authority shall complete the salvage certificate (form MV-907A) and give the transfer copy to the purchaser. The local authority shall maintain the file copies of the salvage certificates for three years from the date of sale.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 18.7 Vehicle identification numbers

A local authority may sell an abandoned vehicle without a vehicle identification number plate to a registered scrap processor or a certified vehicle dismantler only. Vehicles sold to anyone other than a registered or certified scrap processor must contain a public vehicle identification number plate. To obtain a new vehicle identification number, the local authority should apply to the Department of Motor Vehicles, Office of Field Investigation, Empire State Plaza, Albany, NY 12228. Form MV-272.1 must be used to request a vehicle identification number.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 18.8 Forms

Forms MV-15 and MV-272.1 (Application for Vehicle Identification Number) may be obtained from any issuing office or from the Department of Motor Vehicles, Forms Inventory Control Unit, 6 Empire State Plaza, (DMV Warehouse), Albany, NY 12228. The local authority must supply all other forms. If a local government agency handles only abandoned vehicles worth $1,250 or less, specially marked forms MV-907A may be given to that agency.

Part 19 New York City Auto Use Tax

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.1 Introduction

Whereas, the City of New York has duly enacted local law No. 26 of 1974 (hereinafter referred to as the local law) which added title O to chapter 46 of the Administrative Code of the City of New York, as authorized by section 1201 (g) of the Tax Law of the State of New York, and

Whereas, said local law provides for the imposition of a tax on owners of certain motor vehicles, and further provides that said tax shall be administered and collected by the Commissioner of Motor Vehicles of the State of New York or his agents pursuant to an agreement to be entered into between the Commissioner of Motor Vehicles and the commissioner of finance or other appropriate fiscal officer of the City of New York, and

Whereas, said agreement, notwithstanding any other provision of law shall provide for the exclusive method of collection, custody and remittal of the proceeds of said tax; for the payment by the City of New York of the reasonable expenses incurred by the Department of Motor Vehicles or its agents, in connection with the collection and administration of said tax; for the commissioner of finance to audit the accuracy of the payments, distributions and remittances, to the commissioner of finance from the Department of Motor Vehicles; and for such other matters as may be necessary and proper to effectuate the purpose of said agreement.

Now, therefore, the parties pursuant to and for the purposes set forth in section 1201(h) of the New York State Tax Law, hereby agree as follows.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.2 Administration and collection

(a) The Commissioner of Motor Vehicles or his agents shall administer and collect the tax required by the local law from the date upon which said tax becomes effective and thereafter so long as said tax shall be in effect.

(b) The tax is only applicable to an original or renewal registration transaction, and not to a reregistration transaction; and, so long as no fee for a registration transaction is due, no tax shall be due on said transaction.

(c) The receipt which the Commissioner of Motor Vehicles is required to give, pursuant to the local law, may be the registration certificate issued by the Department of Motor Vehicles whether or not it indicates the amount of tax paid, and any statement of tax paid or not due may be noted on such registration certificate.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.3 Agreement controlling and determinative

The Commissioner of Motor Vehicles and the commissioner of finance further agree that this agreement shall be exclusively controlling and determinative of the respective authorities, responsibilities, duties and obligations, and liabilities of the Commissioner of Motor Vehicles and the commissioner of finance, with respect to the collection, administration, custody, remittal, and enforcement of the tax as imposed by the city of New York pursuant to the local law. In furtherance of such, the Commissioner of Motor Vehicles and the commissioner of finance further agree as follows:

(a) The responsibilities, duties and obligations of the Commissioner of Motor Vehicles with respect to the collection, administration, custody, remittal, and enforcement of the tax as otherwise provided in this agreement, are as contained in a "Plan of Operations", Appendix 1,infra.

(b) The commissioner of finance shall have the sole responsibilities, duties, obligations and authorities, as are contained in Appendix 2,infra.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.4 Deposit of taxes

(a) All city taxes imposed pursuant to the local law which are collected by the Commissioner of Motor Vehicles shall be deposited in a manner agreed upon the Commissioner of Motor Vehicles and the State Comptroller, and, after retention of the amounts as provided in subdivision (c) of this section, shall be periodically withdrawn and deposited to the account of the department of finance of the city of New York subject to the approval of the State Comptroller.

(b) The Commissioner of Motor Vehicles or State Comptroller, as the case may be, may require adequate security from all such depositories.

(c) The Commissioner of Motor Vehicles or State Comptroller, as the case may be, shall retain in said accounts such amounts as he may, from time to time, determine to be necessary:

(1) for any refunds in respect to city taxes required to be made by section 046-7.0 of the local law; and

(2) for the reasonable costs incurred by the Department of Motor Vehicles and its agents in connection with the implementation ("implementation costs") and in the collection and administration of the city tax ("recurring operational costs"), as certified by the Commissioner of Motor Vehicles, out of which retained amounts the Commissioner of Motor Vehicles or the State Comptroller, as the case may be, shall pay:

(i) any refunds of such city tax to which taxpayers shall be entitled under the provisions of section 046-7.0 of the local law; and

(ii) such "implementation costs" and "recurring operational costs" incurred by the Department of Motor Vehicles and its agents.

(d) The commissioner of finance will reimburse the Commissioner of Motor Vehicles for any and all costs which have been or shall be incurred in implementing the administration and collection of the auto use tax in the event New York City repeals the local law or State of New York repeals the enabling legislation or in the event a court stays the collection of the tax or declares it null and void.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.5 Retention of operational costs by State

(a) All city tax monies collected in district offices of the Department of Motor Vehicles located within New York City in any calendar month less "recurring operational costs" for such transactions will be distributed by the State Comptroller, upon certification from the Commissioner of Motor Vehicles, to the commissioner of finance by the end of the next succeeding month.

(b) In addition to the payments set forth in subdivision (a) of this section, the State Comptroller, upon certification from the Commissioner of Motor Vehicles, shall, after setting aside and retaining the amounts described in section 19.4(c) of this Part, less monies withheld from monthly payments, distribute to the commissioner of finance, on a quarterly basis, the balance of tax monies collected, as follows:

| Quarter ending | Distribution by | | --- | --- | | December 31 | April 25 | | March 31 | June 25 | | June 30 | September 25 | | September 30 | December 25 |

(c) The Department of Motor Vehicles shall deduct from its first quarterly payment to the city of New York, "implementation costs", incurred by the Department of Motor Vehicles.

(d) The "recurring operational costs" incurred by the Department of Motor Vehicles and its agents deducted from the monthly and quarterly distributions to be made to the city of New York will be determined on a transactional basis subject to change as costs change, and, as certified from time to time by the Commissioner of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.6 Uncollected taxes

The Commissioner of Motor Vehicles agrees to furnish the city of New York with names of registrants against whom a tax was stated but not collected. If the tax was not collected because of a change of address made at the time of application for renewal, the Commissioner of Motor Vehicles further agrees to supply the city of New York with old and new addresses of said registrants.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.7 Notification as to refunds and exemptions

The commissioner of finance agrees to notify the Commissioner of Motor Vehicles of those registrants of whom he disapproves for refunds or exemptions of the tax. The commissioner of finance further agrees that said notification shall be sent to the Commissioner of Motor Vehicles within 90 days from the date of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.8 Right to audit

The commissioner of finance, or his duly designated representative, shall have the right to audit the accuracy of the payments, distributions, and remittances made to him pursuant to this agreement upon his request, and not more frequently than once in each calendar year at a time agreed upon by the Commissioner of Motor Vehicles and the State Comptroller.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.9 Notification as to litigation

The Commissioner of Motor Vehicles shall promptly notify the corporation counsel of the city of New York, and the commissioner of finance shall promptly notify the deputy commissioner and counsel of the Department of Motor Vehicles, of any litigation instituted against either party which challenges the constitutionality or validity of the local law imposing the tax or of the enabling act pursuant to which it was adopted or which attempts to limit or question the applicability of either such law, and such notification shall include a copy of the papers served upon either party.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.10 Indemnification

The commissioner of finance (city of New York) shall indemnify and save harmless the Commissioner of Motor Vehicles (State of New York) from and against any and all liability, damage, expense, cause of action, suits, claims, penalties or judgments arising from the administration and collection of the tax as required by this agreement. The commissioner of finance shall at its own cost and expense, defend any and all suits and actions which may be brought against the Commissioner of Motor Vehicles, or in which the Commissioner of Motor Vehicles may be impleaded with others, arising from the administration and collection of the tax, and in the event of the failure of the commissioner of finance so to do, the commissioner may, at the cost and expense of the commissioner of finance and upon prior written notice to the commissioner of finance, defend any and all such suits or actions and the commissioner of finance shall satisfy, pay and discharge any and all judgments that may be recovered against the Commissioner of Motor Vehicles in any such suits or actions which may be brought against the Commissioner of Motor Vehicles or in which the Commissioner of Motor Vehicles may be impleaded with others, and in the event the commissioner of finance fails to pay the amount or amounts for which the Commissioner of Motor Vehicles shall become liable as aforesaid, the Commissioner of Motor Vehicles may pay the same, and the amount or amounts so paid, with any interest and costs that may be due thereon, shall be reimbursed to the Commissioner of Motor Vehicles from the tax proceeds received by him, and shall be deducted from any quarterly payment or payments to be made to the commissioner of finance pursuant to this agreement.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 19.11 Effective date

This Part shall take effect five days after filing with the Secretary of State and shall apply to applications for original registrations filed on or after October 1, 1974, and to applications for renewals of registrations expiring on or after October 31, 1974.

Part 20 Certificate Of Title

General General

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.1 Introduction

Article 46 of the Vehicle and Traffic Law provides for the issuance of certificates of title for certain vehicles, which certificates will constitute the ownership document for such vehicles. The registration certificate which will be issued for such titled vehicles shall only be evidence of the right to operate such vehicle upon the public highways. The intent of article 46 is to provide for the issuance of titles and the recording of liens thereon on vehicles which are classified as 1973 or later model year vehicles, while retaining the system under which the registration certificate served as proof of ownership, and liens are recorded under the Uniform Commercial Code on vehicles which are classified as 1972 or older model year vehicles. The commissioner is empowered to promulgate regulations and to specify forms to implement the provisions of that article. The following regulations are intended to supplement the provision of article 46.

Certificate of Title Certificate of Title

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.8 Duplicate titles

If a certificate of title is lost, destroyed or mutilated, the owner may apply for a duplicate certificate of title. An application for a duplicate certificate of title (Form MV-802) must be obtained from an issuing office of the department, appropriately completed and forwarded to the Title Bureau, Department of Motor Vehicles, South Mall, Albany, NY 12228, together with the appropriate fee. In addition, the nontransferable registration for the vehicle may be required to be presented to the issuing office. If so, the registration shall be returned to the owner, and may bear the notation "Duplication Title Applied For." If the certificate of title has been mutilated and not lost or destroyed, the mutilated certificate of title must also be forwarded with the application. If such application is proper and sufficient, a duplicate certificate of title will be issued. If the certificate of title which was lost is later recovered, the recovered certificate of title must be forwarded to the title bureau at the address above.

Security interests Security Interests

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.15 Recording of security interests

(a) Vehicles sold by a dealer registered under section 415 of the Vehicle and Traffic Law. If a lender desires to have a lien recorded, he must notify the dealer of such fact and the dealer must list such lienholder on the application for registration or title (Form MV-82T) as directed on that form, and he must also list the total number of such liens on the certificate of sale (Form MV-50) for that vehicle in accordance with the regulations of the commissioner governing dealers. The fee for recording such security interests must be paid by the lender. However, if a dealer has completed and filed with the Department of Motor Vehicles an application for registration or title of a vehicle and, within 10 days thereafter, the dealer receives the appropriate filing fees and notification of the desire of the lender to have his lien recorded, the dealer shall, within 24 hours of such receipt, prepare and submit a notice of lien (Form MV-900) properly completed, to the Title Bureau, Department of Motor Vehicles, South Mall, Albany, NY 12228, together with the appropriate recording fees and the dealer shall sign his name on behalf of the lien holder in the space provided on the notice of lien (Form MV-900) for the lien holder' s signature and shall state on such form, the date when the application for registration or title was filed with the Department of Motor Vehicles.

(b) Recording liens other than those specified in subdivision (a) of this section.

(1) Security interests in a vehicle which is not titled in New York in the name of the borrower. In order to perfect a security interest in such case, the lender must submit a notice of lien (Form MV-900) properly completed to the Title Bureau, Department of Motor Vehicles, South Mall, Albany, NY 12228, together with the appropriate recording fees which must be paid by the lender. If a notice of lien is received by the title bureau after the certificate of title has been issued, the notice of lien will be returned to the lender and the procedures specified in paragraph (2) of this subdivision must be followed to record a lien.

(2) Security interests in a vehicle which is titled in New York in the name of the borrower. In order to perfect a security interest in such vehicle, the lender must submit a notice of lien (Form MV-900) properly completed, together with the certificate of title which has been issued to the borrower to the Title Bureau, Department of Motor Vehicles, South Mall, Albany, NY 12228, together with the appropriate recording fee which must be paid by the lender. If a notice of lien for such vehicle is received without the certificate of title, the security interest will not be recorded and the notice of lien will be returned to the lender.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.16 Notice of recorded lien

When a proper application for a title, which indicates a lien or liens, or a proper notice of lien is received, the lien or liens will be recorded by the department and will be noted on the certificate of title which is issued. In addition, a notice of recorded lien (Form MV-901) will be sent to the lienholder. This document must be retained by the lienholder since it is to be used for indicating satisfaction of the lien, succession of interest to the ownership of the vehicle or the assignment of the security interest.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.18 Assignment of security interests

If a lienholder assigns a security interest in a vehicle to another party, he should submit the proper notice of recorded lien (Form MV-901) appropriately completed to the assignee. The assignee, if he wishes to have his name appear as lienholder on the certificate of title, shall forward the completed notice of recorded lien (Form MV-901) to the Title Bureau, Department of Motor Vehicles, South Mall, Albany, NY 12228, together with the appropriate fee. The department will request the title holder to submit his certificate of title, and upon receipt, will issue a new certificate of title showing the assignee as lienholder and a new notice of recorded lien will be sent to the assignee.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.19 Priority of interests

The Department of Motor Vehicles acts only administratively with respect to security interests, recording and filing of liens and releases and noting liens on title certificates. The department does not determine priority of interests between lienholders or the disposition of proceeds upon sale of a vehicle after foreclosure or repossession. Such matters are subject to determination in civil judicial proceedings.

Title BrandIng

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.20 Brands on titles

(a) Lemon Law brands. If a motor vehicle is returned to a manufacturer, its agent or a dealer for nonconformity to its warranty or after final determination, adjudication or settlement pursuant to section 198-a (New Car Lemon Law) or section 198-b (Used Car Lemon Law) of the General Business Law, the commissioner shall print a notice to that effect on the certificate of title and every future certificate of title issued for the vehicle.

(b) American Association of Motor Vehicle Administrators brands.

(1) Every title shall contain the term "RECONSTRUCTED" or "NON-USA-STD", in capital letters, if the vehicle meets the following criteria:

(i) RECONSTRUCTED. A vehicle that is repaired or constructed with a glider kit but not a vehicle manufactured in two or more stages; and

(ii) NON-USA-STD. A motor vehicle not originally manufactured in compliance with United States emission or safety standards or both.

(2) A title brand shall remain on the title and any subsequent title for the vehicle regardless of time or improvements.

(3) A brand RECONSTRUCTED or NON-USA-STD appearing on a certificate of title issued by another jurisdiction shall appear on any title issued for the vehicle by the commissioner.

(4) A brand SALVAGE REBUILT appearing on a certificate of title issued by another jurisdiction shall, together with the abbreviation for that other jurisdiction, appear on any title issued for the vehicle by the commissioner. Terms with the same meaning as "salvage rebuilt," including but not limited to "salvage," "rebuilt," "junk," "parts only," or "water damage" will be treated as "salvage rebuilt."

(1) Every title shall bear the brand "REBUILT SALVAGE" and the abbreviation "NY" if the vehicle is eight model years old or newer on the date of loss and titled in New York after any one of the following has occurred:

(i) a salvage vehicle certificate (form MV-907A) for the vehicles has been filed with the department except as described in paragraph (2) of this subdivision;

(ii) the vehicle has been wrecked, destroyed or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the vehicle to its pre-accident condition, and for legal operation on the road or highways, exceeds 75 percent of the retail value of the vehicle at the time of loss as set forth in a current nationally recognized compilation of retail values. The value of repair parts for purposes of this section shall be determined by using the current published retail cost of the original equipment manufacturer parts or the actual retail cost of the repair parts to be used in the repair. The labor cost of repairs for purposes of this section shall be computed by using the hourly labor rate and time allocations that are reasonable and customary in the automobile repair industry in the community where the repairs are performed; or

(iii) the vehicle owner has voluntarily declared the vehicle salvage.

(2) No title will be branded if the vehicle is a theft recovery for which the insurance company sends the commissioner a statement on letterhead stationery asserting that the vehicle was recovered with no damage or with damage which does not exceed 75 percent of the retail value at the time of recovery, as set forth in a current nationally recognized compilation of retail values. The statement should be mailed to: Department of Motor Vehicles, Title Services Bureau, Empire State Plaza, Albany, NY 12228. The recovered theft vehicle must be identified by vehicle identification number, year, make and model.

(3) This subdivision will apply to all titles issued on or after May 19, 1999, except that it will not apply if an applicant for a title acquired a vehicle prior to May 19, 1999, and the application for a title is received by the department prior to August 19, 1999.

Miscellaneous Miscellaneous

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.25 Title and lien information requests

A request for a lien record or certificate of title information should be submitted to the Title Bureau, Department of Motor Vehicles, South Mall, Albany, NY 12228, using lien record vehicle information request form (Form MV-905) appropriately completed with the appropriate fee. Information on file will be provided on a vehicle title record (Form MV-904).

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.26 Exceptions

The commissioner may permit deviations from the provisions of this Part where he is satisfied that the specific circumstances involved in any transaction would result in a subversion of the intent of article 46 of the Vehicle and Traffic Law if this Part were to be strictly applied.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.27 Reports of unclaimed vehicles by garage operators

Upon receipt by the department of a report of an unclaimed vehicle by a garage operator pursuant to subdivision (c) of section 2129 of the Vehicle and Traffic Law, the department shall acknowledge such receipt and, if possible, shall furnish the garage operator with the name and address of the owner of the vehicle and the owner with the location at which the vehicle is being held. The garage operator's report shall contain any identifying information relating to the vehicle including, if possible, license plate number and vehicle identification number, and the name and address of the garage operator holding the vehicle and the date the garage operator took possession of the vehicle.

Forms Forms

N.Y. Comp. Codes R. & Regs. Tit. 15 § 20.35 Forms

The following forms shall be used in conjunction with the administration of article 46 of the Vehicle and Traffic Law. The instructions on all forms must be followed and all forms must be appropriately completed in order to be accepted. Notice of lien (Form MV-900). Printed by lender in the following size and format. Size 81/2 inches by 51/2 inches.

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Part 21 TEMPORARY INDICIA OF REGISTRATION AND INSPECTION

N.Y. Comp. Codes R. & Regs. Tit. 15 § 21.1 Introduction

Sections 306 (b) and 403-a of the Vehicle and Traffic Law permit the Commissioner of Motor Vehicles to provide by regulation for the use of temporary registration number plates, registration validating stickers and inspection stickers to replace lost, stolen, destroyed or mutilated plates or stickers. Hereinafter in this Part, "lost, stolen or destroyed" plates or stickers shall be referred to collectively as "missing" plates or stickers. This Part sets forth the general rules governing the contents and use of such temporary indicia of registration and inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 21.2 Temporary indicia of registration

(a) Missing or mutilated registration plate(s).

When one or both registration number plates are missing or mutilated, a motorist may operate or park the motor vehicle or trailer upon the public highways before applying for, or while waiting for the issuance of, a duplicate of such missing or mutilated plate(s), if the motorist places a temporary substitute plate of cardboard or other durable material of the approximate size of the missing plate(s) in the space(s) normally occupied by each missing or mutilated registration plate, and provided all the requirements of section 21.5 of this Part are met. Temporary substitute plates shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss or mutilation, but not beyond the expiration date of the registration. The temporary plate(s) shall set forth, in a manner so as to be legible at a distance of at least 50 feet: the words "New York", the registration plate number and the date of loss or mutilation.

(b) Missing or mutilated registration sticker.

When a registration validating sticker is missing or mutilated, a motorist may operate or park the motor vehicle upon the public highways, before applying for, or while waiting for the issuance of, a duplicate of such missing or mutilated registration sticker, if the motorist attaches a piece of paper of a size not to obstruct the driver's vision in the inside lower left hand corner of the windshield, and provided all the requirements of section 21.5 of this Part are met. Such temporary substitute registration sticker shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss or mutilation, but not beyond the expiration date of the registration. The temporary substitute registration sticker shall set forth, in a legible manner, the name of the registrant, the year, make and color of the vehicle, the date of expiration of the validating sticker and the date of loss or mutilation.

A motorist operating a motor vehicle registered by any political subdivision or State agency eligible for official registration plates may operate or park the motor vehicle or trailer upon the public highways after the subdivision or agency has applied for, or is waiting for the issuance of, an original or duplicate plate(s), if the motorist places a temporary substitute plate issued by the Department of Motor Vehicles in the rear window, and provided all the requirements of section 21.5 of this Part are met. Such motorist must be able to produce the registration document issued at the time of registration. Temporary substitute plates shall be valid for a period not to exceed 30 days from the date issued.

History

Amended, New York State Register, Volume XXXVI, Issue 25, effective 6/25/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 21.3 Temporary indicia of inspection

Missing or mutilated inspection sticker. When an inspection sticker is missing or mutilated, a motorist may operate or park the motor vehicle upon the public highways, before applying for, or while waiting for the issuance of, a duplicate of such missing or mutilated inspection sticker, if the motorist attaches a piece of paper of a size not to obstruct the driver's vision in the inside lower left hand corner of the windshield, and provided all the requirements of section 21.5 of this Part are met. Such piece of paper, which shall serve as a temporary substitute inspection sticker, shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss, but not beyond the expiration date of the inspection. The temporary substitute inspection sticker shall set forth, in a legible manner, the name of the registrant, the year, make and color of the vehicle, the date of expiration of the inspection sticker, the inspection sticker number, and the date of loss or mutilation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 21.4 Combined temporary indicia of registration and inspection

Missing or mutilated registration and inspection stickers. When both a registration validating sticker and an inspection sticker are missing or mutilated, a motorist may attach a single piece of paper of a size not to obstruct the driver's vision to the inside lower left hand corner of the windshield in accordance with the combined requirements of sections 21.2(b) and 21.3 of this Part. Such piece of paper, which shall serve as a combination temporary substitute registration and inspection sticker, shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss or mutilation, but not beyond the expiration date of the registration or inspection, whichever occurs first.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 21.5 Accompanying documents

(a) When temporary indicia of registration are in use. A motorist must carry the registration certificate when operating a motor vehicle or trailer bearing any temporary indicia of registration as provided in this Part.

(b) When temporary indicia of inspection are in use. A motorist must carry one of the following documents when operating a motor vehicle bearing a temporary indicia of inspection as provided in this Part:

(1) the remains of the original inspection certificate showing the date of expiration, the sticker serial number and the mileage;

(2) the inspection receipt;

(3) a verification document (other than the inspection receipt) from the inspection station that issued the original certificate consisting of a statement on the station's letterhead indicating the original certificate serial number, vehicle description, plate number, date issued and mileage at the time of inspection, as described in Part 79 of this Title; or

(4) an appropriate report from the computerized vehicle inspection system (CVIS, as described in Part 79 of this Title) containing the vehicle inspection information.

(c) In the case of a parked vehicle, presentation of the required documents in court before or on the return date or any adjourned date shall meet the requirements of this Part.

Part 22 Safety Criteria For Registration

N.Y. Comp. Codes R. & Regs. Tit. 15 § 22.1 Introduction

Section 400-a of the Vehicle and Traffic Law authorizes the Commissioner of Motor Vehicles to refuse to register any vehicle or class of vehicles for use on the public highways where he determines that the characteristics of such vehicle or class of vehicles make such vehicle or class of vehicles unsafe for highway operation. The provisions of this Part implement the authority granted under section 400-a of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 22.2 Motorcycles

Speed capability, vehicle profile and equipment of a motorcycle are the primary characteristics to be considered in determining whether a motorcycle is unsafe for operation on the public highways. A registration pursuant to section 410 of the Vehicle and Traffic Law will be issued for a motorcycle, other than a motorcycle-type vehicle which is designed and primarily used for a purpose other than for the transportation of persons or goods, only if such motorcycle:

(a) has the capability of attaining a speed of more than 40 miles per hour on level ground;

(b) has, if a two wheeled motorcycle, a seat or saddle height for the driver of at least 25 inches (63.5 centimeters) from the ground in its lowest position; and

History

Amended New York State Register October 21, 2020/Volume XLII, Issue 42, eff. 10/21/2020

Part 23 Historical Motor Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.1 Introduction

Section 401 (7)(g) of the Vehicle and Traffic Law authorizes the Commissioner of Motor Vehicles to classify motor vehicles for the purpose of historical registration to include motor vehicles that have unique characteristics so as to be of historical, classical or exhibition value.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.2 Definitions

(a) An historical motor vehicle is any vehicle manufactured more than 25 years prior to the current calendar year, and any other model, year and type vehicle which has unique characteristics and which is determined by the commissioner to be of historical, classical or exhibition value.

(b) A production motor vehicle is a motor vehicle produced and assembled by a manufacturer for sale or distribution.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.3 Applicability

(a) Production motor vehicles, manufactured as current model year vehicles, shall not qualify for historical registration.

(b) Production motor vehicles manufactured less than 10 years prior to the current calendar year shall not qualify for historical registration unless evidence is presented that the original manufacturer is no longer producing parts, and there is a scarcity of stored parts, and there are no dealerships in existence with parts and mechanics to service them.

(c) Replicas, kit-constructed motor vehicles, or modified motor vehicles which have distinctive configurations, shall not qualify as historical motor vehicles unless they were manufactured or represent a motor vehicle manufactured more than 25 years prior to the current calendar year.

(d) A custom-built or homemade motor vehicle assembled for a special event or for exhibition purposes, and which is the only one of its kind, can be considered for historical registration.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.4 Criteria

In determining whether a motor vehicle has unique characteristics, the commissioner shall give consideration, but not necessarily exclusive consideration, to the following:

(a) makes of motor vehicles no longer in production;

(b) makes or models of motor vehicles that are of limited availability as determined by registration figures;

(d) whether the monetary value of the vehicle exceeds the original model year sale price; and

(e) the recognition accorded to a vehicle by known authorities on the subject of historical, antique or classical motor vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.5 Use

(a) A motor vehicle registered as an historical motor vehicle can only be operated upon the public highways as an exhibition piece or collector's item and used for participation in club activities, exhibits, tours, parades, occasional transportation and similar uses. It cannot be used for general daily transportation.

(b) Historical plates may be used on a non-owned unregistered motor vehicle that would qualify for historical registration and which is operated on the public highways by the registrant or his agent only for the purpose of test driving in anticipation of possible purchase. A motor vehicle that would qualify for historical registration is one that was manufactured more than 25 years prior to the current calendar year or a specific year's make or model that has been previously approved by the Department of Motor Vehicles for historical registration based on unique characteristics.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.6 List of approved vehicles

The Department of Motor Vehicles shall compile and maintain a list of motor vehicles approved for historical registration based upon unique characteristics.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 23.7 Procedure for securing approval

(a) If a motor vehicle was manufactured more than 25 years prior to the current calendar year, an applicant for historical registration must submit an application form for historical registration along with all other items required for standard registration.

(b) If a motor vehicle was manufactured 25 years or less prior to the current calendar year, an applicant for historical registration must submit the following, in addition to an application for historical registration and all other items required for a standard registration:

(1) A letter requesting historical registration that identifies the make, model, year of manufacture, vehicle identification number of the vehicle and an explanation of the reason why the motor vehicle should be considered. Reference should be made to the appropriate subdivision(s) of section 23.4 of this Part.

(2) A photocopy of supporting documents which verify that the motor vehicle in question qualifies as a collector's item or exhibition piece and meets one or more of the cirteria set forth in section 23.4 of this Part. Such supporting documents should include either or both of the following:

(i) an extract from a publication or other written research source (publication or research source must be identified);

(ii) a letter from a recognized organization, society or club of motor vehicle enthusiasts or exhibitor indicating the reasons for recognition of the motor vehicle as a collector's item or exhibition piece (this letter must be on the organization's or exhibitor's letterhead and must be signed by an officer of the organization or exhibit).

(3) At least two photographs of the vehicle (a full front view and a full view of the side which shows the most significant details).

(c) Paragraph (2) of subdivision (b) of this section does not apply if an applicant wishes to obtain an historical registration for a motor vehicle whose make or model and year of manufacture are already on the list of approved vehicles specified in section 23.6 of this Part.

(d) These documents must be submitted to the Special Registration Section, Department of Motor Vehicles, Empire State Plaza, Albany, New York 12228.

Part 24 Registration Of Motor Vehicles Of Severely Disabled Persons

N.Y. Comp. Codes R. & Regs. Tit. 15 § 24.1 Introduction

Section 404-a of the Vehicle and Traffic Law provides for the issuance of a motor vehicle registration and one set of distinctive vehicle registration number plates for motor vehicles owned by severely disabled persons, so that such motor vehicles may be parked in parking spaces designated for the handicapped by local authorities.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 24.2 Definitions

For the purposes of this Part:

(a) Severely disabled person shall mean any person having any one or more of the following impairments, disabilities or conditions which are permanent in nature:

(1) has limited or no use of one or both lower limbs;

(2) has a neuro-muscular dysfunction which severely limits mobility;

(3) has a physical or mental impairment or condition which is other than those specified above, but is of such nature as to impose unusual hardship in utilization of public transportation facilities, and such condition is certified by a podiatrist who is certified by the Education Department of the State of New York or a physician duly licensed to practice medicine in this State as constituting an equal degree of disability (specifying the particular condition) so as to prevent such person from getting around without great difficulty;

(4) a blind person;

(5) uses portable oxygen;

(6) unable to walk 200 feet without stopping;

(7) has a class III or IV cardiac condition (American Heart Association standards);

(8) severely limited in ability to walk due to an arthritic, neurological or orthopedic condition; or

(9) restricted by lung disease to such an extent that forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg of room air at rest.

(b) Distinctive mark shall be the International Symbol of Access (depicting a person in a wheelchair) which shall be placed on vehicle registration number plates.

(c) Vehicle registration number plates for severely disabled persons shall be a set of number plates containing six numbers plus the distinctive mark.

(d) Motor vehicle owned by a severely disabled person shall mean a motor vehicle registered in the name of a severely disabled person.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 24.3 Issuance of registration and plates

(a) Upon the submission of an application for registration and upon the submission of proof of a severe disability, certified by a physician or podiatrist, to any issuing office, the commissioner shall issue a motor vehicle registration and one set of registration number plates with a distinctive number and a distinctive mark to distinguish them from number plates to be issued to other applicants. A physician or podiatrist shall refer to a medical doctor (MD), Doctor of Osteopathy (DO) or Doctor of Podiatric Medicine (DPM). A podiatrist may certify only those conditions which he or she treats in the course of the practice of podiatry as defined by section 7001 of the Education Law.

(b) The fee for the issuance of a registration and registration number plates for severely disabled persons shall be the fee required to be paid for vehicle registration. There shall be no special fees.

(c) Such registration and registration number plates for severely disabled persons shall only be issued on vehicles subject to registration under subdivision (6) of section 401 of the Vehicle and Traffic Law. Plates issued pursuant to this Part shall not be issued to motor vehicles used for commercial purposes. Such plates may be assigned to a van or pickup truck if such motor vehicle is not used for commercial purposes.

(d) Additional sets of plates for persons with disabilities may be obtained if the following conditions are satisfied:

(1) the registrant is eligible to receive plates for persons with disabilities;

(2) another member(s) of the registrant's family resides with the registrant and also qualifies as a person with severe disabilities;

(3) the registrant has more than one motor vehicle registered in his or her name; and

(4) the disabled member(s) of the registrant's family is a licensed operator(s) and is the usual operator of the additional vehicle(s).

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 24.4 Proof of severe disability

(a) Upon an original registration issued on or after April 1, 1981, or upon the renewal of a registration, the original of which was issued prior to April 1, 1981, proof of severe disability will be required and may be required upon subsequent renewals. Such proof shall consist of a letter signed by a physician on his letterhead (if licensed outside of this State, must include state of licensure and license or certification number), or of a statement from the Commissioner for the Blind and Visually Handicapped, or a certification from the Office of Vocational Rehabilitation, or from a hospital, clinic or medical facility. A copy of the letter or statement is acceptable as is a copy of a physician's letter submitted to obtain a New York State Handicapped Parking Permit or a New York City Special Vehicle Identification Permit. The letter or statement shall have been issued within the preceding year, except at the discretion of the district director or county clerk. The letter, certification or statement must certify that the applicant has one or more of the permanent disabilities or conditions listed in section 24.2 of this Part.

(b) A permanent special vehicle identification parking permit issued pursuant to section 1203-a of the Vehicle and Traffic Law shall be considered acceptable proof of severe disability.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

Part 25 Manufacturer's Certificate Of Origin

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.1 Introduction

To prevent or reduce the theft of motor vehicles prior to their titling, many motor vehicle manufacturers have been providing certificates of origin rather than statements of origin. The American Association of Motor Vehicle Administrators strongly supports this effort. The requirements for certificates of origin contained herein are consistent with the recommendations of that association.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.2 Applicability of this part

An application for a certificate of title, or certificate of title and registration, will not be accepted for a new vehicle unless accompanied by a certificate of origin. The commissioner may waive this requirement upon good cause shown.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.3 Security features

To be accepted, a certificate or origin must contain the following features:

(a) Paper. Both paragraphs (1) and (2) of this subdivision are required.

(1) Sensitized security paper. Paper that is reactive to chemicals commonly used to alter documents.

(2) Nonoptical brightener paper. Paper without added optical brighteners which will not fluoresce under ultraviolet light.

(b) Engraved border. A border produced from engraved art work which shall appear on the front of the document.

(1) Prismatic. Rainbow printing which is used as a deterrent to color copying.

(2) Copy void pantograph. The word "void" appears when the document is copied.

(d) Complex colors. Colors which are developed by using a mixture of two or more of the primary colors (red, yellow or blue) and black if required.

(e) Erasable fluorescent background ink. Fluoresces under ultraviolet light and reacts to any attempt to erase in such a manner as to be immediately detectable.

(f) Background security design. A repetitious design consisting of a pattern which hinders counterfeiting efforts.

(g) Microline. A line of small alpha characters in capital letters which requires a magnifying glass to read.

(h) Control number. A unique, consecutive number which is used for control purposes.

(i) Thread or print. Either paragraph (1) or (2) of this subdivision is required but both may be used.

(1) Security thread. With or without watermark.

(2) Intaglio print. With or without latent image.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.4 Document size

A certificate of origin must be seven inches by eight inches.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.5 Paper stock

The paper stock must be 60 pound offset or equivalent durability.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.6 Layout

The text matter must be 1/10 inch horizontal and 1/6 inch deep characters.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.7 Optional bar coding

A manufacturer is permitted to use bar coding which provides the year, make, model, vehicle identification number, engine identification number and either California or standard emissions equipment for the vehicle described on the certificate of origin.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 25.8 Who may create and complete

Only a manufacturer or its designated agent may create and complete a certificate of origin.

Part 26 Van Pool Registration

N.Y. Comp. Codes R. & Regs. Tit. 15 § 26.1 Introduction

Chapter 843 of the Laws of 1984 amended sections 158-b and 401 (7) of the Vehicle and Traffic Law to require the department to provide "van pool" registration plates. The purpose of the legislation is to provide a designated series of plates for vehicles utilized in a van pool vehicle operation. Vehicles displaying van pool plates may be able to qualify for special privileges which may be given to such vehicles such as use of commuter lanes, commuter parking areas and gas rationing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 26.2 Vehicles eligible for van pool plates

(a) Van pool operation. Only vehicles used in a van pooling operation shall be eligible for van pool plates. Van pooling means the prearranged transportation of persons to and from their places of employment or other destination on a regular daily basis provided that any monies paid by the passengers to the van pool vehicle owner, lessee or operator are solely for the recovery of some or all expenses related directly to the transport of the passengers, including tolls, fuel, insurance and depreciation on a not-for-profit basis.

(b) Vehicle size. Only vehicles which have an adult seating capacity of not less than six and not more than fifteen passengers in addition to the driver may qualify for van pool plates. Ordinary passenger vehicles will not qualify for van pool plates. Suburban (station wagon) type vehicles will qualify for van pool plates only if such vehicle is equipped with enough seats to accommodate not less than six and not more than fifteen passengers.

(c) Vehicles may not operate under the New York City Taxi and Limousine Commission or Department of Transportation certification. A vehicle will not be qualified for van pool plates if it is operating pursuant to any authority of the New York City Taxi and Limousine Commission and/or has a currently valid certificate as a common carrier or a currently valid permit issued by the New York State Department of Transportation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 26.3 Procedures for issuance

(a) Where to apply. The original issuance of van pool plates will be restricted to the designated motor vehicle offices. A set of van pool plates will be issued for each vehicle. The plates are embossed "van pool" on the bottom of the plate. All renewal registration transactions for van pool vehicles may be presented at any motor vehicle issuing office.

(b) Required fees and documents.

(1) Application. Each person applying for van pool plates shall submit an application in the form and manner prescribed by the commissioner together with the appropriate fee and certification as set forth in paragraph (4) of this subdivision.

(2) Fee. Vehicles which qualify for van pool plates will be registered at a fee that is the same as the registration fee for passenger vehicles and any motor vehicle use tax prescribed by law will be applied where appropriate.

(3) Insurance certification. Each applicant for van pool plates shall present the appropriate FS insurance identification card.

(4) Certification requirements. Each applicant for an original van pool registration shall certify to the following:

(i) the vehicle is to be used in a van pool operation as defined in section 26.2(a) of this Part;

(ii) the vehicle meets the vehicle size requirements as defined in section 26.2(b) of this Part;

(iii) the vehicle does not operate under any authority of the New York City Taxi and Limousine Commission and/or under any certificate or permit issued by the Department of Transportation pursuant to section 26.2(c) of this Part;

(iv) the route and geographic areas involved in the van pool operation, as well as the name, address and pickup location of the regular van pool passenger location of work place. The employer's name, address and building number must be included, as well as, the names of the regularly travelled highways and arterials;

(v) the approximate one-way trip mileage; and

(vi) the approximate times of first passenger pickup, arrival at the work place, departure from the work place and last passenger discharge.

Part 27 Federal Heavy Vehicle Use Tax Compliance

N.Y. Comp. Codes R. & Regs. Tit. 15 § 27.1 Introduction

The Federal Surface Transportation Assistance Act of 1982 and the Federal Tax Reform Act of 1984 provide for the imposition of a tax on the use of heavy vehicles and require a state to receive proof of compliance prior to the issuance of a registration for such a heavy vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 27.2 Definitions

(a) Heavy vehicle. A vehicle which has a maximum gross weight of 55,000 or more pounds. The taxable gross weight of a bus is its actual unloaded weight fully equipped for service plus 150 pounds for each seat provided for passengers and driver. A bus with a maximum gross weight of 55,000 pounds or more shall be considered a heavy vehicle.

(b) Exempt heavy vehicle. The following heavy vehicles shall be exempt heavy vehicles:

(1) vehicles used by a state or any political subdivision thereof, regardless of whether or not the political subdivision owns the vehicles;

(2) transit-type buses for which at least 60 percent of total passenger fare revenue is attributable to the total of: individual amounts paid for transportation which do not exceed 60 cents; amounts paid for commutation or season tickets for single trips of less than 30 miles; and amounts paid for commutation tickets for one month or less;

(3) any vehicle used for 5,000 or fewer miles on public highways during the taxable period; and

(4) agricultural vehicles used for 7,500 or fewer miles on public highways during the taxable period.

(c) Agricultural vehicle. Any heavy vehicle used primarily for farming purposes (more than one half of the vehicle's use during the taxable period for farming purposes), and registered as a vehicle used for farming purposes.

(d) Farming purposes. The transporting of any farm commodity to or from a farm, or used directly in agricultural production.

(e) Truck used in logging. Any heavy vehicle which is used exclusively during the taxable period for the transportation, to and from a point located on a forested site, of products harvested from such forested site, and registered as a vehicle used exclusively in the transportation of harvested forest products.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 27.3 Registration procedures

(a) On and after October 1, 1985, no registration or renewal of a registration for a heavy vehicle shall be issued unless proof of payment of, or exemption from, the heavy vehicle use tax is submitted to the commissioner in conjunction with the application for registration or renewal of registration.

(b) Such proof shall not be required if the application for registration is presented within 60 days of the acquisition of the heavy vehicle being registered.

(c) Notwithstanding the provisions of subdivision (a) of this section, an issuing office may manually extend expiring registrations for a period not to exceed 90 days to allow registrants time to provide the proof required by such subdivision.

(d) With respect to an agricultural vehicle or a truck used in logging, upon the submission of a properly completed declaration of exempt status (Form MV-3HV), with an application for registration or renewal of registration, the registration for such vehicle will be a registration as an agricultural vehicle or a truck used in logging, whichever is appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 27.4 Proof

(a) Proof of payment or proof of exemption shall consist of the original or a photocopy of a receipted "Schedule of Taxable Highway Motor Vehicles" (Form 2290 Schedule 1). In addition, proof of payment may consist of the "Heavy Vehicle Use Tax Return" (Form 2290) and a copy of Schedule 1 submitted to the Internal Revenue Service, along with proof of payment of the tax. Every proof submitted must contain the vehicle identification number(s) of the heavy vehicle or vehicles for which it is submitted except such numbers shall not be required with respect to returns showing payments for fleets of more than 20 vehicles or exemptions for more than nine vehicles.

(b) The provisions of this Part with respect to the filing of proof shall not apply to the exempt heavy vehicles set forth in section 27.2(b)(1)-(2) of this Part. Such vehicles are exempt from Internal Revenue Service requirements for filing heavy vehicle use tax returns. However, the registrant of such vehicle may file a properly completed declaration of exempt status (Form MV-3HV) with an application for registration or renewal of registration for such vehicle if the department has indicated to such registrant that proof of payment or exemption is required to be filed.

Part 28 International Registration Plan

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.1 General

(a) Introduction. Chapter 755 of the Laws of 1987 authorized the Commissioner of Motor Vehicles to enter into a reciprocal agreement to have this State become a member of the International Registration Plan. The International Registration Plan is a registration reciprocity agreement among states of the United States, the District of Columbia and provinces of Canada providing for a single payment of registration fees on the basis of fleet distance operated in various jurisdictions. It calls for a single license plate or set of plates and a single cab card to be issued by only one jurisdiction for each vehicle in a fleet registered under the plan, and so far as registration is concerned, that vehicle may be operated both interstate and intrastate in the appropriate jurisdictions. Application for entry into the program was made by the commissioner as provided under the plan and this State's entry was approved and endorsed by member jurisdictions on February 5, 1988. The International Registration Plan, hereinafter referred to as IRP is set forth in section 28.11(b) of this Part, and except as may otherwise especially be provided herein, is made a part of these regulations.

(b) Commencement date. Registrations shall be staggered, effective the first day of the month and expiring the last day of the month, 365 days (366 days in a leap year) later.

(1) Vehicles subject to IRP registration. A power unit that is used or intended for use in two or more member jurisdictions and which is used for the transportation of persons for hire, or designed, used or maintained primarily for the transportation of property and:

(i) has two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds; or

(ii) has three or more axles, regardless of the weight; or

(iii) is used in combination, when the gross vehicle weight of such combination exceeds 26,000 pounds.

(2) Other vehicles which may be IRP registered. In addition to vehicles subject to IRP registration, motor vehicles having a maximum gross weight of 26,000 pounds or less which have two axles which are used or intended for use in two or more jurisdictions which are members of IRP may be IRP registered, at the discretion of the commissioner.

(3) Exceptions. Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, recreational vehicles, vehicles displaying restricted plates and government-owned vehicles, are not apportionable vehicles but may be registered under the plan at the option of the registrant. For the purposes of this Part, restricted plates issued by this State shall be agricultural commercial plates, special purpose commercial plates, historical plates and farm plates.

(d) Effect of adoption of IRP.

(1) On registration only.

The entry of this State into IRP affects the operation in this State of vehicles registered in other jurisdictions and the operation in other jurisdictions of vehicles registered in this State with respect to registration requirements. IRP does not affect any other requirements for operation such as fuel or truck mileage taxes, Federal heavy vehicle use tax, dimension and weight requirements or operating authority requirements.

(2) General effects. The following are the general effects that IRP has on the operation of vehicles with respect to registration. For the purposes of this Part, the term intrastate operation means the transportation of a person or property from one point in a jurisdiction to another point in the same jurisdiction for hire or profit.

(i) A vehicle which is IRP registered is entitled to operate both interstate and intrastate in the jurisdiction in which it is registered and in any other jurisdiction in which it it proportionally registered as indicated on the cab card issued for it and usually it may operate interstate, but not intrastate. In jurisdictions which are not members of IRP. Such vehicle is not entitled to operate in any jurisdiction which is a member of IRP but in which it is not proportionately registered as indicated on its cab card unless a trip permit has been obtained from such jurisdiction, in which case it may operate in that jurisdiction only to the extent allowed by the terms of such permit.

(ii) A vehicle not subject to IRP registration, and not IRP registered, is entitled to operate both interstate and intrastate in any jurisdiction in which it is registered and usually to operate interstate, but not intrastate, in any other jurisdiction.

(iii) A vehicle which is subject to IRP registration, but which is not IRP registered, is entitled to operate both interstate and intrastate in any jurisdiction in which it is registered. Such vehicle is not entitled to operate in any manner in any jurisdiction which is a member of IRP unless a trip permit has been obtained from such jurisdiction, in which case it may operate in that jurisdiction only to the extent allowed by the terms of such permit. Such vehicle usually is entitled to operate interstate, but not intrastate, in any jurisdiction which is not a member of IRP.

(3) Special provisions. In addition to the general effects of IRP set forth in paragraph (2) of this subdivision, the following registration provisions affect the operations of vehicles in this State as follows:

(i) Many IRP member jurisdictions issue a document (often called a hunter's permit) which provides for the operation of a vehicle for up to a specified unladen weight for a specified period of time. Such a permit ordinarily is issued only for a vehicle which had been operated by a lessor under an IRP registration issued to a lessee when such lease has expired and is issued for the purpose of permitting the lessor to move his vehicle unladen until a new registration can be secured under another lease or otherwise. A vehicle to which such a permit has been issued may be operated unladen within this State without any number plate or cab card only in accordance with the terms contained on such permit.

History

Amended New York State Register March 30, 2016/Volume XXXVIII, Issue 13, eff. 3/30/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.2 IRP registration in New York State

(a) General.

An applicant for IRP registration in this State must apply to the commissioner for a fleet registration. The International Registration Bureau has been established by the commissioner to provide information for and to process all IRP transactions. The address and phone number of the International Registration Bureau is set forth in section 28.11(a) of this Part. An applicant for an IRP registration in this State must have an established place of business in this State or in a jurisdiction which is not a member of IRP. A fleet consists of one or more vehicles which are subject to IRP registration and other vehicles which may be IRP registered which are to be proportionately registered in the same jurisdictions. An applicant for IRP registration in New York may register any number of separate fleets.

(b) Application procedure for original fleet registration.

An application for fleet registration must be made on forms provided by the commissioner and must be submitted to the address set forth on the application form. The application shall list all vehicles for which registration is requested within that fleet and must be completed in accordance with the directions contained on the forms constituting the application. The applicant must also submit proof of identity, a copy of the filing receipt issued by the New York Department of State for registrations in the corporation name, proof of established place of business or residency in New York State, proof of vehicle ownership, proof of insurance or exemption therefrom, and where required, evidence of payment or exemption from sales tax and the Federal heavy vehicle tax. In addition, the applicant must:

(1) supply its USDOT number and taxpayer identification number;

(2) supply the USDOT number and taxpayer identification number of the motor carrier responsible for safety for each vehicle in its fleet;

(3) comply with reporting requirements set forth in the Federal Motor Carrier Safety Administration's Performance and Registration Information Systems Management (PRISM) Program.

Failure to supply the information required in this subdivision may result in the denial of a registration application.

(1) To make a change in a fleet registration or to replace or correct an IRP item during the registration period, an appropriate supplemental application form or forms provided by the commissioner must be completed and submitted to the department except that when Temporary Evidence of Apportioned Registration (TEAR) is requested simultaneously with such change, the appropriate schedules should be submitted as provided in paragraph (6) of this subdivision. Changes in fleet registrations which may be made consist of adding or deleting vehicles to a fleet, increasing or decreasing vehicle weights, transferring number plates to another vehicle, changing name and/or address of registrant and adding jurisdictions in which the fleet may operate. A jurisdiction may not be deleted from a fleet registration during the registration period.

(2) Assignment of license plates to vehicles will be done according to department procedures.

(3) Temporary Evidence of Apportioned Registration (TEAR). If a TEAR is requested simultaneously with a change in registration or replacement of IRP items, a copy of a properly completed application may be electronically transmitted to the department. In such case, the number of registration months which will be affected by the change in registration will include the full month in which the TEAR is issued.

(d) Renewals.

IRP registrants in New York will receive a renewal application from the Department of Motor Vehicles. The registrant must follow the directions provided with the application in order to renew.

(e) Payment of fees.

(1) The department shall process the application and send an invoice to the applicant indicating the total amount to be paid for the transaction. The invoice will contain the following information: fees due this State, the fees to be collected by this State on behalf of the other jurisdictions in which the fleet is being proportionately registered and any fees necessary for plates, stickers and cab cards which are being issued. The amount billed must be paid by certified check or money order made out to the Commissioner of Motor Vehicles. No plates, stickers or cab cards will be issued until proper payment is received.

(2) Fees should be submitted with an application for change of registration or for replacement of IRP items only as follows:

(i) If the only change being made consists of a decrease in weight, a fee of $2 should be submitted with the application for each vehicle for which a new cab card will be issued.

(ii) If only a name change is being made or if the application is for replacing plates, stickers and/or cab cards only and temporary authority is not being simultaneously requested, the appropriate fees should be submitted with the application. If plates are replaced, new cab cards will also be issued and the fees for both plates and cab cards should be submitted. A new cab card will not be issued for a change of address only and no fee need be submitted.

(f) Proof of insurance or exemption.

Proof of insurance consists of a valid New York State insurance identification card. Proof of exemption from insurance requirements consists of a valid Federal or New York State Department of Transportation permit number. Article 6 of the Vehicle and Traffic Law and Part 32 of this Title govern the insurance requirements for vehicles other than those engaged in the business of transporting passengers for hire. Article 8 of the Vehicle and Traffic Law governs the insurance requirements for vehicles engaged in the business of transporting passengers for hire.

(g) Proof of ownership.

(1) In order for a vehicle to be IRP registered in this State, the registrant must submit proof of ownership for the vehicle, and if the vehicle is owned by other than the registrant, the registrant must also submit proof that the registrant has permission from the owner to so register the vehicle. The following constitute acceptable proof of ownership:

(i) for 1973 and newer vehicles titled in this State in the registrant's name-a copy of the New York Certificate of Title or copy of the receipt for application for title;

(ii) for vehicles titled in another jurisdiction in the registrant's name-a copy of the title issued by such jurisdiction. If the title is held by a lienholder, a certified copy of the title in the owner's name and the lienholder's statement identifying the owner and the vehicle's year, make and VIN. The statement must be on the lienholder's letterhead and must state that the lienholder holds the original title and is aware that the title copy will be used to register the vehicle in this State.

(iii) for 1972 or older vehicles or for vehicles exempt from titling in the jurisdiction of origin which have been registered in the registrant's name-a copy of the transferable registration issued by that jurisdiction; and

(iv) for vehicles being registered in a name other than the owner's-the appropriate ownership document indicated above in the owner's name and a form, provided by the commissioner, properly completed by the owner authorizing the applicant to register the vehicle in the registrant's name (form MV-95). If the vehicle is a leased vehicle being registered in the name of the lessee, a letter from the lessor on the lessor's letterhead stating that the lessee may register the vehicle in the lessee's name may be substituted for the form MV-95.

(h) Sales tax clearance.

Proof of payment of sales tax or exemption from sales tax must be submitted with the IRP registration application when the proof of ownership for a vehicle is from another jurisdiction.

(i) Overweight registrations.

A vehicle may not be registered in this State for a maximum gross weight in excess of the maximum gross weights established in section 385 (10) of the Vehicle and Traffic Law. If a permit or authorization for a permit has been issued by the New York State or New York City Department of Transportation which allows the vehicle to operate with a higher maximum gross weight, upon submission of a copy of such permit or authorization, the vehicle may be registered in this State for the maximum gross weight contained on the permit or authorization.

(j) Miscellaneous.

The International Registration Bureau, the unit within the department which processes IRP registration applications, will not accept an application for issuance of a New York Certificate of Title nor will such office issue sales tax documents. Transactions involving applications for Certificates of Title or payment or exemption from sales tax must be processed at a regular issuing office of the department prior to application for the IRP registration.

(k) Proof of payment or exemption of heavy vehicle use tax.

Every applicant must submit proof of payment of the Federal heavy vehicle use tax ;for all vehicles registered for a weight of 55,000 pounds or more combined or load gross weight. Proof is not required upon initial IRP registration on new or used vehicles registered within 60 days of the date shown on the bill of sale. Proof of payment or exemption consists of a copy of a receipted Internal Revenue Service (IRS) Schedule I (Form 2290), listing vehicle identification numbers, or an unreceipted copy of IRS Schedule I with proof of payment.

History

Amended New York State Register September 6, 2017/Volume XXXIX, Issue 36, eff. 9/6/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.3 Established wire services

For the purposes of this Part, a wire service is any person, firm, copartnership, association or corporation which provides assistance to registrants in securing permits, licenses, registrations and similar governmental documentation necessary to operate commercial vehicles. In order to qualify as an established wire service, a wire service must have authority from the New York State Department of Taxation and Finance to issue temporary truck mileage tax and fuel tax permits and authority from the New York State Department of Transportation to issue overweight and dimension permits. Established wire services may assist registrants in obtaining Temporary Evidence of Apportioned Registration from this department and issue trip permits to registrants in accordance with the provisions of this Part and such services may charge fees for such assistance. An established wire service shall not be deemed to be a private service bureau and need not be licensed pursuant to section 395 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.4 Trip permits

(a) General. Upon receipt of an appropriate application and payment of required fees, the department shall make available trip permits which shall be valid for both interstate and intrastate operation in this State of a vehicle for which such permit has been issued for a period of 72 hours. A trip permit may only be issued for a motor vehicle registered in a jurisdiction which is a member of IRP but which is not proportionately registered in this State.

(b) Method of issuance.

(1) Direct issuance. The department shall issue a trip permit directly to a registrant upon submission to the International Registration Bureau of the department of an appropriate application (form IRP-4) and fee, which fee is not refundable, at least 30 days prior to the beginning of the 72-hour period for which the permit is requested.

(2) Wire service issuance. The department shall sell trip permits to established wire services for issuance by such services to vehicle registrants.

(1) Request for trip permits. An established wire service may make application for a supply of trip permits for issuance to registrants by submitting an appropriate form (form IRP-3) to the International Registration Bureau of the department. The statutory fee, which in no case shall be refundable, must be submitted by the service with the application form. Upon approval of the application by the department, the trip permits will be remitted to the established wire service.

(2) Issuance of trip permit to registrant by established wire service. To issue a trip permit, an established wire service shall complete all the information contained on the trip permit. The trip permit shall contain the name of the service issuing the permit and a telephone number of the service which may be used by enforcement officials for verification of the trip permit. The service shall then immediately give the registrant or the registrant's agent a photocopy of the form, or if the registrant or the registrant's agent is not personally present, electronically transmit a copy to the registrant or the registrant's agent.

(3) Report of issuance by wire service. An established wire service shall transmit to the International Registration Bureau of the department a copy of each permit issued within 15 days of issuance.

(d) Use of trip permit. In order to be valid, a properly completed trip permit, if issued directly by the department, or a photocopy or electronically transmitted copy, if issued by a wire service, must be carried on the vehicle to which it applies. The signature required on the appropriate document may be that of the registrant or agent of the registrant authorized to sign and must be completed prior to use.

(e) Required records for established wire services. Established wire services must keep a record of all permits obtained and/or issued by it, including all pertinent information regarding registrants, vehicles, jurisdictions and dates of issuance effectiveness and expiration of permits issued. Such records must be maintained for a period of at least three years from the date of issuance by the service and such records shall be available for audit by department personnel.

(f) Denial of trip permits. The failure of a wire service to maintain status as an established wire service or to comply with issuance procedures, recordkeeping requirements or to adequately service enforcement verification requirements shall be grounds to deny such service further trip permits for issuance.

(g) Electronic technologies authorized. Unless otherwise specified in this Part, all transactions and activities required or authorized by, or conducted pursuant to this Part regarding trip permits may be performed by any electronic technologies as may be acceptable to the International Registration Bureau. Such transactions and activities shall include, but not be limited to: submission of application forms and required fees to the department for the issuance or purchase of trip permits; direct issuance of trip permits by the department to a registrant or to a registrants agent; the sale of trip permits by the department to established wire services for issuance by the wire services to a registrant or to a registrant's agent; wire service issuance of trip permits to a registrant or to a registrants agent; and the recording by wire services of all trip permits obtained and issued.

History

Amended New York State Register September 6, 2017/Volume XXXIX, Issue 36, eff. 9/6/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.5 Temporary evidence of apportioned registration

(a) General. The department is aware that IRP registrants in this State may find that in some emergency situations it may be necessary to make changes in fleet registrations or to replace lost or stolen IRP documents more rapidly than can be accomplished following routine established procedures. The department will attempt to service these emergency situations through the use of a procedure for the issuance of the Temporary Evidence of Apportioned Registration. However, the use of such emergency procedures will not be allowed to unduly interfere with the routine processing of registration applications. Therefore, upon notice, the department may eliminate specific registration changes from such Temporary Evidence of Apportioned Registration procedure.

(b) Procedure for issuance of Temporary Evidence of Apportioned Registration (TEAR).

(1) A registrant who has a fleet IRP registered in this State, and is in good standing may apply to the International Registration Bureau of the department to purchase one or more TEARs. An established wire service may apply to the International Registration Bureau of the department on behalf of the department. With respect to the processing of TEARs, an established wire service shall act solely as a transmitter of requests for issuance of TEARs and transmitter of issued TEARs to qualified registrants.

(2) In order to have an assigned TEAR issued, the following information must be submitted to the International Registration Bureau of the department by electronic means: the vehicle identification number of the vehicle for which the TEAR is requested, the name and address of the registrant to which the TEAR will be issued, the name and address of the established wire service, if the request is being submitted by a registrant through an established wire service, the fax number to which the issued TEAR is to be sent, and a copy of a properly completed form provided by the commissioner for the transaction which is being made.

(3) Upon receipt of request for issuance of a TEAR, the department shall verify the information submitted and that the registered or established wire service is eligible to have TEARs issued. If it is appropriate to issue the TEAR, the transaction will be partially processed by the department and an invoice produced. The department shall then issue the TEAR and electronically transmit it to the fax number provided. If the TEAR is transmitted to an established-wire service, that service shall be responsible for delivery of the TEAR or a copy of the TEAR to the registrant to whom the TEAR is being issued. The department shall then mail the invoice to the registrant together with a list of any documentation which may be required to be submitted. The documentation which is required is the documentation that is necessary for the registration change that is being made or is necessary for the replacement of IRP items as set forth in section 28.2 of this Part. The amount which will be contained on the invoice will be the total fee required for the registration change or replacement of IRP items and a TEAR fee per vehicle, which fee shall not be refundable.

(4) The registrant to whom the TEAR has been issued must submit all required documents and fees indicated on the invoice to the International Registration Bureau of the department within 30 days from the date the TEAR was processed. Upon receipt of proper documentation and fees, the transaction processing will be completed and the appropriate IRP documents will be produced by the department and mailed to the registrant. Failure of the registrant to submit required documentation and fees within that 30-day period will result in suspension of the registration of all vehicles for any fleet registered in its name and may result in the inability of that registrant to obtain TEARs in the future for any vehicle registered in its name.

(1) A TEAR issued by the department shall be a computer- generated and electronically transmitted document.

(2) A TEAR issued by the department shall be valid for use in accordance with its terms without further IRP items for that vehicle (i.e., cab card and/or number plate/sticker). A TEAR issued by any other IRP jurisdiction which TEAR specifically provides for operation in this State shall be valid for operation in this State in accordance with the terms contained on such TEAR.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.6 Hunters' permits

Article V of IRP requires member jurisdictions to provide a restricted plate or permit to move an empty vehicle from one lessee carrier fleet to another by an owner/operator not operating as a lessor. Such an owner/operator may apply for an in-transit permit from any district office of the Department of Motor Vehicles as provided in section 401-a of the Vehicle and Traffic Law. The district office shall contact the International Registration Bureau of the department which shall issue an IRP-50 30 Day Unladen Weight Permit and transmit a copy of such permit to the applicant through the facilities of the district office. Such modified 30 Day Unladen Weight Permit/hunter's permit may be used only in accordance with the terms contained thereon.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.7 Required records, audit procedures and refunds

(a) General. IRP registrants in this State must maintain records on which the registration application is based. Such records must be maintained through three succeeding mileage reporting periods. The department may perform an audit of such records at any time. Advance notice will be given by the department and the audit will be conducted during normal business hours. If such records are not available in New York and auditors must be sent elsewhere, the registrant may be required to reimburse all travel expenses incurred in the performance of the audit. Upon completion of an audit the carrier will be billed for any deficiency in fees due and owing to this State or notified of any overpayment of fees as determined by the audit. Although other member jurisdictions will be notified of inaccuracies found by this department's auditors, it is the responsibility of each jurisdiction to bill such registrant for any deficiencies or to provide refund procedures for any additional amounts which may have been paid. No deficiency assessment or credit claim may be made for any period for which records are no longer required to be kept. Failure to maintain adequate records for vehicles registered in the registrant's fleet during the reporting period may subject the registrant to full fee assessment for each vehicle unless satisfactory evidence of nonuse is presented.

(b) Required documents. Records which must be kept by the registrant include driver's daily logs, and/or other daily trip record. In addition, monthly, quarterly and yearly mileage summaries prepared from the daily trip records must be maintained. Summary miles must be broken down by vehicle, state and fleet. A trip record must contain the following information:

(1) trip date (starting and ending);

(2) trip origin and all destinations in "city, state" format;

(3) major routes traveled;

(4) total trip miles;

(5) mileage by jurisdictions;

(6) vehicle unit number or vehicle identification number (VIN);

(7) vehicle fleet number (if more than one fleet);

(8) registrant's name;

(9) beginning and ending distance meter readings (i.e., odometer, hubometer);

(10) driver's name and/or signature.

The registrant must retain all records set forth in this subdivision for a period of at least six years.

(d) Audit results. Results of audits will be distributed to the registrant and to the other IRP jurisdictions the registrant was authorized to travel in. If the audit results in a net amount due to the registrant, the net amount will automatically be refunded to the registrant. If the audit results in a net amount owed by the registrant, the registrant must pay the amount owned before processing any other IRP transactions.

(e) Jurisdictional fee changes. Changes to jurisdictional fees due to audit results will be distributed or collected from other IRP jurisdictions using the IRP clearinghouse.

Part 29 County Motor Vehicle Use Taxes

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.1 Introduction

Section 1202 (c) of the Tax Law and section 401 (6)(d) of the Vehicle and Traffic Law permit the commissioner to enter into an agreement with the appropriate fiscal officer of a county to collect motor vehicle use taxes authorized by sections 1201 and 1202 of the Tax Law which are adopted by that county. Such agreement shall govern the administration and collection of the tax and shall have the force and effect and be filed and published as a rule or regulation of the commissioner. Sections 29.2 through 29.11 of this Part and the subdivision of section 29.12 of this Part appropriate for the specific county constitute the operative provisions of any such agreement or agreements entered into by the commissioner with the appropriate fiscal officer of the county or counties set forth in section 29.12 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.2 Administration and collection

(a) The commissioner or the commissioner's agents shall administer and collect the tax required by the local law from the date upon which the tax becomes effective and for as long as the tax shall be in effect.

(b) The tax is only applicable to an original or renewal registration transaction, and not to a reregistration transaction. Further, if no fee for a registration transaction is due, no tax shall be due on that transaction.

(c) The receipt which the commissioner is required to give, according to the local law, may be the registration certificate issued by the department, whether or not it indicates the amount of tax paid.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.3 Agreement controlling and determinative

The commissioner and the appropriate fiscal officer of the county further agree that this agreement shall be exclusively controlling and determinative of their respective authorities, duties and liabilities with respect to the collection, administration, custody, remittal and enforcement of the tax as imposed by the county in accordance with the local law. The commissioner and the appropriate fiscal officer of the county further agree as follows:

(a) The duties of the commissioner with respect to the collection, administration, custody, remittal and enforcement of the tax are as contained in section 29.4 of this Part.

(b) The appropriate fiscal officer of the county shall have the sole duties and authority as are set forth in section 29.11 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.4 Departmental plan of operations

(a) Administrative considerations. To implement the collection of this tax, the following administrative procedures will be used:

(1) The tax will not apply to registrations which are exempt from registration fees nor to nonprofit religious, charitable or educational organizations qualified for exemption with the New York State Department of Taxation and Finance or to a vehicle used only in connection with the operation of a farm by the owner or tenant of the farm.

(2) The tax will be paid for all registrations and renewals of registrations for which the registration fee is established in section 401 (6)(a) or (7) of the Vehicle and Traffic Law.

(3) A registration transaction will be rejected when the proper fee is not presented, or when the registrant indicates that the tax does not apply to him/her but refuses to sign an exemption certificate.

(b) Original applications.

(1) The appropriate tax will be based upon the county of residence stated on an original application for registration.

(2) In order for an exemption from the collection of the tax to be granted, an exemption certificate (UT-11C) will be required to be submitted for those transactions for which the tax would ordinarily be due.

(1) Registration records will be examined for county of residence addresses for renewals of registrations for vehicles subject to the tax. Such renewal applications will be printed to show the county use tax as "2 Year Use Tax" and as part of the "Amount Due" on the registration renewal application.

(2) Registrants against whom the tax is assessed and who indicate that it does not apply to them, will be required to complete a tax exemption certificate (UT-11C).

(3) If the registrant indicates that s/he is required to pay the tax but the amount was not preprinted, the issuing office will amend the registration record to correct the county field and the tax will be charged.

(d) Refunds for certain unused registrations. When any annual fee paid for the registration of a motor vehicle is refunded by DMV in accordance with section 428 of the Vehicle and Traffic Law, the amount of any county use tax paid upon such registration shall also be refunded by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.5 Deposit of taxes

(a) All county taxes imposed under the local law which are collected by the commissioner shall be deposited in a manner agreed upon by the commissioner and the State Comptroller and, after retention of the amounts as provided in subdivision (c) of this section, shall be periodically withdrawn and deposited to the account of the appropriate fiscal office or department of the county for whom the tax has been collected, subject to the approval of the State Comptroller.

(b) The commissioner or State Comptroller, as the case may be, may require adequate security from all such depositories.

(c) The State Comptroller shall retain in said accounts such amounts as the Comptroller may, from time to time, determine to be necessary:

(1) for any refunds in respect to county taxes required to be made by section 29.4(d) of this Part; and

(2) for the reasonable costs incurred by DMV and its agents in connection with the collection and administration of the county tax, as certified by the commissioner.

(d) The appropriate fiscal officer of the county will reimburse the commissioner for any and all costs which have been or shall be incurred in implementing the administration and collection of the vehicle use tax in the event the county repeals the local law or the State of New York repeals the enabling legislation, or in the event a court stays the collection of the tax or declares it null and void.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.6 Retention of operational costs by state

(a) All county tax monies collected in issuing offices of DMV in any calendar month, less collection and administrative costs for such transactions, will be distributed to the appropriate fiscal officer of the county by the end of the following month by the State Comptroller, upon certification from the commissioner.

(b) The collection and administrative costs incurred by DMV and its agents, deducted from the monthly distributions to be made to the county, will be determined on a per transaction basis subject to change as costs change. They will be certified from time to time by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.7 Uncollected taxes

The commissioner will furnish the county with the completed UT-11C, "County Vehicle Tax Exemption Certificate," of registrants against whom a tax was charged but not collected.

(a) County Vehicle Use Tax Exemption Certificate (UT-11C):

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N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.8 Right to audit

The appropriate fiscal officer of the county or a duly designated representative, shall have the right to audit the accuracy of the payments, distributions and remittances made in accordance with this agreement, upon request, but not more frequently than once in each calendar year at a time agreed upon by the commissioner and the State Comptroller.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.9 Notification as to litigation

The commissioner shall promptly notify the appropriate legal officer of the county and the appropriate fiscal officer of the county shall promptly notify the deputy commissioner and counsel of DMV, of any litigation instituted against either party which challenges the constitutionality or validity of the local law imposing the tax or of the enabling act under which it was adopted, or which attempts to limit or question the applicability of either such law; and such notification shall include a copy of the papers served upon either party.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.10 Indemnification

The appropriate fiscal officer of the county shall indemnify and save harmless the commissioner (State of New York) from and against any and all liability, damage, expense, cause of action, suits, claims, penalties or judgments arising from the administration and collection of the tax as required by this agreement. The appropriate fiscal officer of the county shall, at the county's cost and expense, defend any and all suits and actions which may be brought against the commissioner, or in which the commissioner may be impleaded with others, arising from the administration and collection of the tax. In the event of the failure of the appropriate fiscal officer of the county to do so, the commissioner may, at the cost and expense of the appropriate fiscal officer of the county, and upon prior written notice to the appropriate fiscal officer of the county, defend any and all such suits or actions, and the appropriate fiscal officer of the county shall satisfy, pay and discharge any and all judgments that may be recovered against the commissioner in any such suits or actions which may be brought against the commissioner or in which the commissioner may be impleaded with others. In the event the appropriate fiscal officer of the county fails to pay the amount or amounts for which the commissioner shall become liable, the commissioner may pay the same, and the amount or amounts so paid, with any interest and costs that may be due thereon, shall be reimbursed to the commissioner from the vehicle use tax proceeds received by the commissioner, and shall be deducted from any quarterly payment or payments to be made to the appropriate fiscal officer of the county in accordance with this agreement.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.11 Duties of the county

(a) Determination of tax. If the tax or any part of it due under the local law is not paid to the commissioner when required, the amount of tax due shall be determined by the appropriate fiscal officer of the county from such information as may be available, including motor vehicle registration and/or other facts. Notice of such determination shall be given to the person liable for the tax.

(b) Recovery of tax. Whenever any person shall fail to pay any tax, penalty or interest, proceedings to recover such moneys shall be the responsibility of the county.

(c) Refunds. Whenever it is determined that a person is entitled to a refund of a use tax which has been collected, it shall be the responsibility of the county to make such refund, except with respect to refunds due as provided in section 29.4(d) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 29.12 Counties affected

The following county or counties have enacted local legislation as authorized by the Tax Law imposing a use tax on motor vehicles and have entered into an agreement with the commissioner for the collection of such taxes.

(a) Westchester County. The County Board of the County of Westchester adopted Local Law 17-1990, which was approved by the County Executive on September 24, 1990, which was amended by Local Law 2-2004, as approved by the County Executive on February 24, 2004, adding a new chapter 288 to the Laws of Westchester County to establish a Westchester County Motor Vehicle Use Tax. The Commissioner of Finance of Westchester County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part for the collection of such tax on original registrations made on and after June 1, 2004 and upon the renewal of registrations expiring on and after July 1, 2004. The Commissioner of Finance is the appropriate fiscal officer and the County Attorney is the appropriate legal officer of the County of Westchester referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $15 per annum on such motor vehicles weighing 3,500 pounds or less and $30 per annum for such motor vehicles weighing in excess of 3,500 pounds. The tax due on trucks, buses and other commercial motor vehicles used principally in connection with a business carried on within the county, except when owned and used in connection with the operation of a farm by the owner or tenant thereof, for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law shall be $30 per annum.

(b) Suffolk County. The County Legislature adopted Local Law No. 33-2015, which was approved by the County Executive on November 23, 2015, amending Local Law 1156-2001 to establish a Suffolk County motor vehicle use tax. The County Executive of Suffolk County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part on December 17, 1991, for the collection of such tax on original registrations made on and after January 1, 1992 and upon the renewal of registrations expiring on and after March 1, 1992. The County Executive is the appropriate fiscal officer, except that, (i) for the purposes of Section 29.5(a), Deposit of taxes, the County Treasurer is the appropriate fiscal officer, and (ii) for the purposes of Section 29.8, Right to audit, the County Comptroller is the appropriate fiscal officer, and the County Attorney is the appropriate legal officer of the County of Suffolk referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of Section 401 of the Vehicle and Traffic Law shall be $15 per annum on such motor vehicles weighing 3500 lbs. or less and $30 per annum for such motor vehicles weighing in excess of 3500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of Section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Suffolk County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $30 per annum. The increased fees provided in Local Law No. 33-2015 shall apply to original registrations made on or after June 1, 2016 and upon renewal of registrations expiring on and after August 1, 2016.

(c) Nassau County. The Nassau County Legislature adopted Local Law 1-2004, which Local Law was approved by the County Executive on January 29, 2004, to establish a Nassau County Special Motor Vehicle Use Tax. The County Executive of Nassau County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part for the collection of such tax on original registrations made on and after May 1, 2004 and upon the renewal of registrations expiring on and after July 1, 2004. The County Treasurer is the appropriate fiscal officer, and the County Attorney is the appropriate legal officer of the County of Nassau referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $15 per annum on such motor vehicles. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Nassau County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $40 per annum.

(d) [Reserved]

(e) Washington County. The Washington County Legislature adopted Local Law No. 7 on December 19, 2003, to establish a Washington County Motor Vehicle Use Tax. The Washington County treasurer entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2004 and upon the renewal of registrations expiring on and after June 1, 2004. The treasurer of Washington County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Washington County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Washington County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(f) Schuyler County. The Schuyler County Legislature adopted Resolution No. 616-03 on December 16, 2003, to establish a Schuyler County Motor Vehicle Use Tax. The county treasurer of Schuyler County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2004 and upon the renewal of registrations expiring on and after June 1, 2004. The county treasurer of Schuyler County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Schuyler County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Schuyler County, except for vehicles with agricultural plates or when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(g) Tompkins County. The Tompkins County Legislature adopted Local Law No. 2 on May 20, 2003, amending Local Law No. 3 of 1995, to establish a Tompkins County Special Motor Vehicle Use Tax. The chairman of the Tompkins County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after December 1, 1995 and upon the renewal of registrations expiring on and after February 1, 1996. The County Treasurer of Tompkins County is the appropriate fiscal officer, except that:

(1) for the purposes of section 29.5, deposit of taxes, the finance director is the appropriate fiscal officer; and

(2) for the purpose of section 29.8, right to audit, the finance director is the appropriate fiscal officer, and the county attorney is the appropriate legal officer of the County of Tompkins referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Tompkins County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. The increased fees provided for in Local Law No. 2 of 2003 shall apply to original registrations made on or after May 1, 2004 and upon renewal of registrations expiring on and after July 1, 2004.

(h) Niagara County. The Niagara County Legislature adopted Resolution No. FN-063-01 on December 19, 2001, to establish a Niagara County Motor Vehicle Use Tax. The chairman of the Niagara County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after July 1, 2002 and upon the renewal of registrations expiring on and after October 1, 2002. The county treasurer of Niagara County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Niagara County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Niagara County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(i) Cattaraugus County. The Cattaraugus County Legislature adopted Local Law Number 32-2002 on November 26, 2002, to establish a Cattaraugus County Motor Vehicle Use Tax. The chairman of the Cattaraugus County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2003 and upon the renewal of registrations expiring on and after June 1, 2003. The county treasurer of Cattaraugus County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Cattaraugus County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Cattaraugus County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(j) Rensselaer County. The Rensselaer County Legislature adopted Local Law Number 8 of 2002 on November 12, 2002, to establish a Rensselaer County Motor Vehicle Use Tax. The chief fiscal officer of Rensselaer County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2003 and upon the renewal of registrations expiring on and after June 1, 2003. The chief fiscal officer of Rensselaer County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Rensselaer County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Rensselaer County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(k) Albany County. The Albany County Legislature adopted Local Law Number 6 of 2002 on December 19, 2002, to establish an Albany County Motor Vehicle Use Tax. The Commissioner of Management and Budget of the County of Albany entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after May 1, 2003 and upon the renewal of registrations expiring on and after July 1, 2003. The County Commissioner of Management and Budget is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Albany County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Albany County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(l) Broome County. The Broome County Legislature adopted Local Law Number 10 of 2002 on November 12, 2002, to establish a Broome County Motor Vehicle Use Tax. The chief fiscal officer of Broome County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after May 1, 2003 and upon the renewal of registrations expiring on and after July 1, 2003. The chief fiscal officer of Broome County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Broome County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Broome County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(m) Schenectady County. The Schenectady County Legislature adopted Resolution 194-02 on December 18, 2002, to establish a Schenectady County Motor Vehicle Use Tax. The Commissioner of Finance of Schenectady County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after May 1, 2003 and upon the renewal of registrations expiring on and after July 1, 2003. The Commissioner of Finance of Schenectady County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Schenectady County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Schenectady County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(n) Oswego County. The Oswego County Legislature adopted Local Law Number 6 of 2002 on December 12, 2002, to establish an Oswego County Motor Vehicle Use Tax. The chairman of the Oswego County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after June 1, 2003 and upon the renewal of registrations expiring on and after August 1, 2003. The county treasurer of Oswego County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Oswego County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Oswego County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(o) Allegany County. The Allegany County Legislature adopted Local Law Number 1 of 2003 on January 13, 2003, as amended by Local Law Number 2 on April 28, 2003, to establish an Allegany County Motor Vehicle Use Tax. The chairman of the Allegany County Board of Legislators entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after June 1, 2003 and upon the renewal of registrations expiring on and after August 1, 2003. The county treasurer of Allegany County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Allegany County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Allegany County, except for motor vehicles with agricultural plates or for motor vehicles when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(p) Chemung County. The Chemung County Legislature adopted Local Law Number 5 of 2002 on December 9, 2002, as amended by Local Law Number 2 on November 3, 2004 to establish a Chemung County Motor Vehicle Use Tax. The county clerk of Chemung County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after July 1, 2003 and upon the renewal of registrations expiring on and after September 1, 2003. The budget director of Chemung County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Chemung County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Chemung County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. The increased fees provided for in Local Law Number 2 shall apply to original registrations made on or after March 1, 2005 and upon renewal of registrations expiring on and after May 1, 2005.

(q) Wyoming County. The Wyoming County Legislature adopted Local Law No. 1 of 2003 on March 11, 2003 to establish a Wyoming County Motor Vehicle Use Tax, and adopted Local Law No. 1 on May 10, 2016 to increase the fees for such use tax. The Chairman of the County Board of Supervisors of Wyoming County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after July 1, 2003 and upon the renewal of registrations expiring on and after September 1, 2003. The County Treasurer of Wyoming County is the appropriate fiscal officer, except that the County Attorney is the appropriate legal officer of Wyoming County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of Section 401 of the Vehicle and Traffic Law shall be $5.00 per annum for such motor vehicles weighing 3,500 lbs. or less and $10.00 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of Section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Wyoming County, shall be $10.00 per annum, except when owned and used in connection with the operation of a farm by the owner or tenant thereof and carrying a farm plate. The increased fees provided for in Local Law No. 1 of 2016 shall apply to original registrations made on or after September 1, 2016 and upon renewal registrations expiring on and after November 1, 2016.

(r) Steuben County. The Steuben County Legislature adopted Local Law Tentatively No. Three B on March 24, 2003, to establish a Steuben County Motor Vehicle Use Tax. The county treasurer of Steuben County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after August 1, 2003 and upon the renewal of registrations expiring on and after October 1, 2003. The county treasurer of Steuben County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Steuben County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Steuben County, except for vehicles with agricultural plates or when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(s) Cortland County. The Cortland County Legislature adopted Local Law Number 1 of 2003 on January 22, 2003, to establish a Cortland County Motor Vehicle Use Tax. The chairperson of the Cortland County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after August 1, 2003 and upon the renewal of registrations expiring on and after October 1, 2003. The county treasurer of Cortland County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Cortland County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Cortland County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(t) Livingston County. The Livingston County Board of Supervisors adopted Local Law Number 3 of 2003 on May 14, 2003, to establish a Livingston County Motor Vehicle Use Tax. The chairman of the Livingston County Board of Supervisors entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after October 1, 2003 and upon the renewal of registrations expiring on and after December 1, 2003. The county treasurer of Livingston County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Livingston County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Livingston County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(u) Tioga County. The Tioga County Board of Supervisors adopted Local Law Number 4 of 2003 on June 19, 2003, to establish a Tioga County Motor Vehicle Use Tax. The Tioga County treasurer entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after January 1, 2004 and upon the renewal of registrations expiring on and after March 1, 2004. The county treasurer of Tioga County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Tioga County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Tioga County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(v) Yates County. The Yates County Board of Supervisors adopted Resolution No. 327-03 on September 8, 2003, to establish a Yates County Motor Vehicle Use Tax. The Yates County treasurer entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after January 2, 2004 and upon the renewal of registrations expiring on and after March 1, 2004. The county treasurer of Yates County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Yates County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and shall be $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Yates County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(w) Clinton County. The Clinton County Legislature adopted Resolution No. 579 on September 10, 2003, to establish a Clinton County Motor Vehicle Use Tax. The chairperson of the Clinton County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after January 1, 2004 and upon the renewal of registrations expiring on and after March 1, 2004. The county treasurer of Clinton County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Clinton County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Clinton County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(x) Putnam County. The Putnam County Legislature adopted Resolution No. 291-03 on December 2, 2003, to establish a Putnam County Motor Vehicle Use Tax. The Putnam County Commissioner of Finance entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2004 and upon the renewal of registrations expiring on and after June 1, 2004. The Commissioner of Finance of Putnam County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Putnam County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Putnam County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(y) Chautauqua County. The Chautauqua County Legislature adopted Local Law No. 11 on November 26, 2003, to establish a Chautauqua County Motor Vehicle Use Tax. The county executive of Chautauqua County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2004 and upon the renewal of registrations expiring on and after June 1, 2004. The director of finance of Chautauqua County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Chautauqua County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Chautauqua County, except for vehicles with agricultural plates or when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(z) Madison County. The Madison County Legislature adopted Local Law No. 382 on December 9, 2003, to establish a Madison County Motor Vehicle Use Tax. The chairman of the Madison County Board of Supervisors entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2004 and upon the renewal of registrations expiring on and after June 1, 2004. The treasurer of Madison County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Madison County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Madison County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(aa) Orleans County. The Orleans County Legislature adopted Local Law No. 5 on December 5, 2003, to establish an Orleans County Motor Vehicle Use Tax. The chairwoman of the Orleans County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after July 1, 2004 and upon the renewal of registrations expiring on and after September 1, 2004. The county treasurer of Orleans County is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Orleans County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Orleans County, except for vehicles with agricultural plates or when owned and used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(ab) Erie County. The Erie County Legislature adopted a resolution on November 15, 2005, to establish an Erie County Motor Vehicle Use Tax. The county executive of Erie County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2006 and upon the renewal of registrations expiring on and after June 1, 2006. The county budget director and commissioner of finance is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Erie County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Erie County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum. No tax shall be imposed upon any vehicle registered with farm or agricultural plates.

(ac) Sullivan County. The Sullivan County Legislature adopted a resolution on September 21, 2006, to establish a Sullivan County Motor Vehicle Use Tax. The county manager of Sullivan County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after January 1, 2007 and upon the renewal of registrations expiring on and after March 1, 2007. The county treasurer is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Sullivan County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Sullivan County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(ad) Monroe County. The Monroe County Legislature adopted a resolution on October 2, 2007, to establish a Monroe County Motor Vehicle Use Tax. The county executive and the chief financial officer of Monroe County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after February 1, 2008 and upon the renewal of registrations expiring on and after April 1, 2008. The chief financial officer is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Monroe County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Monroe County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(ae) Dutchess County. The Dutchess County Legislature adopted a resolution on December 19, 2008, to establish a Dutchess County Motor Vehicle Use Tax. The county executive and the Commissioner of Finance of Dutchess County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after May 1, 2009 and upon the renewal of registrations expiring on and after July 1, 2009. The Commissioner of Finance is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Dutchess County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Dutchess County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(af) Onondaga County. The Onondaga County Legislature adopted a local law on October 13, 2009, to establish an Onondaga County Motor Vehicle Use Tax. The county executive and the Chief Fiscal Officer of Onondaga County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after February 1, 2010 and upon the renewal of registrations expiring on and after April 1, 2010. The chief fiscal officer is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Onondaga County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Onondaga County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(ag) Oneida County. The Oneida County Legislature adopted a local law on November 25, 2009, to establish an Oneida County Motor Vehicle Use Tax. The county executive of Oneida County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after April 1, 2010 and upon the renewal of registrations expiring on and after June 1, 2010. The Commissioner of Finance is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Oneida County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Oneida County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(ah) Warren County. The Warren County Board of Supervisors adopted a local law on December 18, 2009, to establish a Warren County Motor Vehicle Use Tax. The chairman of the Warren County Board of Supervisors entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after May 1, 2010 and upon the renewal of registrations expiring on and after July 1, 2010. The county treasurer is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Warren County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Warren County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(ai) Franklin County. The Franklin County Legislature adopted a resolution on September 15, 2001, to establish a Franklin County Motor Vehicle Use Tax. The county manager of Franklin County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after March 1, 2012 and upon the renewal of registrations expiring on and after May 1, 2012. The county treasurer is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Franklin County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Franklin County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(aj) Genesee County. The Genesee County Legislature adopted a local on November 9, 2011, to establish a Genesee County Motor Vehicle Use Tax. The chairman of the Genesee County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after October 1, 2012, and upon the renewal of registrations expiring on and after December 1, 2012. The county treasurer is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Genesee County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Genesee County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(ak) Rockland County. The Rockland County Legislature adopted a local on June 20, 2012 to establish a Rockland County Motor Vehicle Use Tax. The county executive of Rockland County entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after November 1, 2012 and upon the renewal of registrations expiring on and after January 1, 2013. The Commissioner of Finance is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Rockland County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Rockland County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(al) Ulster County. The Ulster County Legislature adopted a resolution on November 13, 2012 to establish an Ulster County Motor Vehicle Use Tax. The Legislative Chairman of the Ulster County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after March 1, 2013 and upon the renewal of registrations expiring on and after April 1, 2013. The Commissioner of Finance is the appropriate fiscal officer, except that the county attorney is the appropriate legal officer of Ulster County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of section 401 of the Vehicle and Traffic Law shall be $5 per annum on such motor vehicles weighing 3,500 lbs. or less and $10 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Ulster County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10 per annum.

(am) Montgomery County. The Montgomery County Legislature adopted a local law on January 9, 2015 to establish a Montgomery County Motor Vehicle Use Tax. The County Executive of the Montgomery County Legislature entered into an agreement with the Commissioner of Motor Vehicles for the collection of the tax in accordance with the provisions of this Part, for the collection of such tax on original registrations made on and after July 1, 2015 and upon the renewal of registrations expiring on and after September 1, 2015. The County Treasurer is the appropriate fiscal officer, except that the County Attorney is the appropriate legal officer of Montgomery County referred to in this Part. The tax due on passenger motor vehicles for which the registration fee is established in paragraph (a) of subdivision (6) of Section 401 of the Vehicle and Traffic Law shall be $5.00 per annum on such motor vehicles weighing 3,500 lbs. or less and $10.00 per annum for such motor vehicles weighing in excess of 3,500 lbs. The tax due on trucks, buses and other commercial motor vehicles for which the registration fee is established in subdivision (7) of Section 401 of the Vehicle and Traffic Law used principally in connection with a business carried on within Montgomery County, except for vehicles used in connection with the operation of a farm by the owner or tenant thereof shall be $10.00 per annum.

History

Amended New York State Register June 3, 2015/Volume XXXVII, Issue 22, eff. 6/3/2015

Part 30 Fleet Registrations

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.1 Fleet

A fleet shall be a minimum number of vehicles determined by the commissioner. The fleet registrations may be passenger, commercial, trailers, special purpose commercial in any combination.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.2 Eligibility

Any registrant of a fleet who desires to participate in the fleet registration program shall make application on or before June 1st of any year to have its registrations converted to an October 31st permanent fleet date.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.3 Disqualification

Leasing companies, rental companies and companies providing for-hire vehicles shall not be eligible to participate in the fleet registration program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.4 Registration

An application for fleet registration or renewal shall be made on a permanent fleet registration application form at the Division of Field Services, Permanent Fleet Registration, Swan Street Building, Empire State Plaza, Albany, NY 12228-0432. A registrant does not have to register all of its vehicles as fleet vehicles in order to participate in the fleet registration program, but must register the minimum number established by the commissioner to be eligible.

(a) Documents.

(1) Each registrant of a participating fleet shall be assigned a five digit account number for each address of that fleet or portion of that fleet.

(2) Registrants of vehicles participating in the fleet registration program shall be issued a distinctive vehicle sticker and a distinctive registration document for each vehicle. For passenger and commercial vehicles, the sticker is to be displayed on the inside lower left front windshield. For trailers and special purpose commercial vehicles, the sticker is to be prominently displayed on the outside rear of the vehicle.

(b) Entry. After application is made, the registrant will receive a test tape listing vehicles registered by that registrant. This tape must be reviewed, edited, and returned. The registrant will then be sent a conversion tape of eligible fleet vehicles and a bill. Fee computation will be based on an October 31st date, for proration purposes. There is no proration for the flat $10 fee for special purpose commercial vehicles or for trailers with an unladen weight of less than 1,000 pounds.

(1) Registration fee payment shall be due by October 31st of each year. A single payment per account must be submitted via tape for all of the fleet's participating vehicles. (See I/O specifications in paragraph [2] of this subdivision.)

(2) I/O Description Chart.

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(d) Heavy vehicle Federal highway use tax. Registrants are required to submit the appropriate heavy vehicle highway use tax paperwork with the conversion tape and subsequent renewal tapes for all vehicles weighing 55,000 pounds or more.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.5 Addition and deletion of vehicles from fleet

(a) Vehicles may be added to the fleet at any issuing office. The registrant will receive a permanent fleet registration document and sticker and plates, if needed, for the added vehicle or vehicles.

(b) If a vehicle is deleted from the fleet registration and the plates are not to be transferred to another fleet vehicle in the same account, then the plates must be surrendered at the issuing office or central point established by the Department of Motor Vehicles. However, the registrant must maintain a list of vehicles from which plates were surrendered for audit purposes. Plates cannot be transferred to a nonfleet vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.6 Fees

The registration fee for a vehicle in a fleet shall be the same as that for a vehicle not in a fleet except that there shall be an annual $2 per vehicle administrative fee for fleet vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.7 Refunds

Upon entrance into the fleet registration program, the registration fee for the second year will be refunded for vehicles in the first year of a two-year registration and any credit remaining for registration fee for the first year will be applied to the fleet registration.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.8 Name changes

There shall be no name changes or address changes on individual vehicle records. There may be, however, a name or address change to an entire account upon notification to the Division of Field Services.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.9 Removal from fleet registration

A registrant shall no longer be eligible for permanent fleet registration for the following reasons:

(a) The registrant does not cooperate with the Department of Motor Vehicles and/or its auditors in the administration of the fleet registration program. A warning will be given the first year, but if the problem or problems persist into the second consecutive year, the registrant's fleet registrations may not be continued. Noncooperation shall consist of, but shall not be limited to, the following:

(1) failure to surrender plates when required;

(2) incorrect or inadequate payment of annual vehicle registration fees for vehicles on which plates were not surrendered by November 30th;

(3) misuse of permanent indicia of registration; and

(4) incorrect or inadequate submission of electronic tapes for registration renewal.

(b) The registrant does not pay fees. This failure shall result in the suspension of all the fleet registrations under that account number.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.10 Audits

Registrants with fleet registered vehicles shall retain their records for six years and shall make their records and/or vehicles currently registered available for audit during normal business hours, Monday through Friday, except official holidays. If, after audit, it is found that the registrant has misused the permanent indicia of registration or failed to maintain required records on fleet vehicles or failed to renew permanent fleet registration vehicles on which plates have not been surrendered on greater than 10 percent of the permanent registered fleet, an appropriate warning letter shall be sent after the first year to the registrant. If such findings are found in a second consecutive year or second consecutive audit, the registrant may be removed from the fleet registration program. Such registrant may then apply for regular registrations for its vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 30.11 Plate surrender

Registrants with fleet registered vehicles shall surrender the plates in any issuing office or central point established by the Department of Motor Vehicles when required by these regulations or when the registrations are not renewed. If the registrant does not surrender the plates when required to do so, the registrant shall be required to continue to pay registration fees for such vehicle or vehicles until such surrender occurs.

Subchapter C INSURANCE

Part 31 Insurance Certificate

N.Y. Comp. Codes R. & Regs. Tit. 15 § 31.1 Issuance of certificate of insurance

Any insurer, any employee or agent of an insurer, any insurance agent, or any authorized representative of the Assigned Risk Plan, issuing an owner' s policy of liability insurance, or a binder with respect to such a policy (other than the renewal of an existing policy or renewal endorsement), pursuant to article 6 of the Vehicle and Traffic Law, shall issue a certificate of insurance, in a form prescribed by the Commissioner of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 31.2 Procedure for issuance

If such certificate is to be used by the insured for the purpose of securing the issuance of a motor vehicle registration, the certificate shall be given to the insured, as soon as practical, except that if the effective time of coverage is other than 12:01 a.m., such certificate shall not be given to the insured until such time has been reached. If the certificate is not to be used for the purpose of securing the issuance of registration, the insurer, employee, or agent, or authorized representative, shall, as soon as possible, but in no event later than 14 calendar days after such policy or binder becomes effective, file the certificate of insurance directly with the Commissioner of Motor Vehicles, by mail or personal delivery, at his office at Albany, N.Y. (financial security subsection).

N.Y. Comp. Codes R. & Regs. Tit. 15 § 31.3 Certificate showing additional vehicle or liability coverage

If such certificate is being filed to show that an additional vehicle or liability coverage is being added to an already existing policy, the policy period to be shown on the certificate should commence with the date upon which the policy becomes effective as to such additional vehicle or coverage. The period in which the certificate must be filed, as required by section 31.2 of this Part, will commence on the date upon which the policy becomes effective as to such additional vehicle or coverage.

Example:

A has two cars, one insured in X Company under a policy with a policy period from 7/1/64 to 7/1/65, the other in Y Company under a policy with a policy period from 8/1/63 to 8/1/64. As of 8/1/64, the second vehicle is added to the policy with X Company. The certificate of insurance to be filed by X Company with respect to the additional car should show a policy period from 8/1/64 to 7/1/65. Such certificate must be filed with the Department of Motor Vehicles within 14 calendar days after 8/1/64.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 31.4 Notice of termination

Upon the termination of any policy of liability insurance, in addition to any notice required to be given to the motorist, the insurer must submit to the commissioner a notice of termination of insurance in a form prescribed by the commissioner. Such notice must not be filed with the commissioner prior to the effective date of termination, but should be filed within 30 days thereafter. Such notice shall not be sent to the commissioner if the insurer receives a notice from the commissioner that such insurance has been superseded by another insurance contract which took effect at or prior to the time at which the termination became effective, or where the insured has surrendered his registration certificate and number plates to the commissioner and has delivered to the insurer a copy of the notice indicating surrender at or prior to the time at which the termination becomes effective.

Part 32 Insurance Identification Cards

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.1 Background

This Part in conjunction with Part 34 of this Title will promote the health, public safety and welfare of the driving public and help ensure that all motor vehicles that are registered in New York State have the required motor vehicle liability insurance. Adherence to the requirements of this Part by licensed agents, brokers, agencies, insurance companies and the New York State Automobile Insurance Plan (NYAIP) will facilitate the compatibility of policyholder and vehicle information maintained by insurance companies and the Department's registration file and insurance database records thus enabling:

(a) the creation of an accurate and up-to-date insurance information database for all New York State registered vehicles in accordance with the requirements of the Department's Insurance Information & Enforcement System (IIES);

(b) identification of uninsured motor vehicles;

(d) use of the database information as a new tool for on-the-road law enforcement; and

(e) the virtual elimination of ID card fraud.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.2 Introduction

The commissioner requires that insurance identification cards including for hire insurance certificates, hereinafter referred to as ID cards, be issued as paper proof of motor vehicle liability insurance. ID cards shall be issued in conformance with this Part and shall be carried in a vehicle at all times. ID cards shall be presented to the department in accordance with this Part, Parts 34 and 35 of this Title and the registration, licensing, insurance, and other administrative procedures of the department. Information provided by ID cards shall be verified electronically by insurance companies as required by this Part and the reporting requirements set forth in Part 34 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.3 Definitions

For the purposes of this Part, the following terms shall have the following meanings:

(a) Agent.

An insurance agent licensed by the New York State Department of Financial Services as defined in section 2101 of the New York State Insurance Law.

(b) Broker.

An insurance broker licensed by the New York State Department of Financial Services as defined in section 2101 of the New York State Insurance Law.

The Commissioner of the New York State Department of Motor Vehicles.

(d) Dealer registration class.

A class that allows a person or entity registered by the department to operate motor vehicles with dealer plates on the public highways in accordance with provisions of sections 415 and 416 of the Vehicle and Traffic Laws and Part 78 of this Title. A specific vehicle is not registered.

(e) Department or DMV.

The New York State Department of Motor Vehicles.

(f) Effective date.

The actual date that liability insurance coverage is effective. Coverage shall commence at 12:01 a.m. on the effective date. The effective date for a replacement vehicle or a vehicle added to an in force policy shall be the actual date that such coverage was provided or bound for that vehicle. It shall not be some previous or subsequent processing date or the inception or renewal date of the policy. The effective date on an ID card issued based on a policy that was reinstated following a lapse in coverage shall reflect the actual date of such reinstatement.

(g) Expiration date.

The actual date that liability coverage is no longer effective due to expiration of the policy or binder by its terms. Coverage shall end at 12:01 a.m. on the expiration date. The expiration date on an ID card issued for an added vehicle or a replacement vehicle on an in force policy shall not be later than the actual policy expiration date.

(h) Financial security bond.

A bond for each vehicle executed by the owner and a surety company, duly authorized to transact business in this state, in accordance with section 349 of the Vehicle and Traffic Law.

(i) Financial security deposit.

A deposit to the commissioner for each vehicle of $25,000 in cash, or securities, such as may legally be purchased by savings banks or trust funds, of a market value of $25,000 and an additional deposit in an amount determined by the commissioner to be sufficient to satisfy the requirements of article 51 of the Insurance Law.

(j) ID card.

An insurance identification card or insurance certificate prescribed by this Part. Such ID card shall be the sole paper proof of insurance accepted by DMV for purposes provided for in sections 32.2, 32.5 and 32.15 of this Part subject to electronic confirmation or verification, as appropriate, by an insurance company as set forth in Part 34 of this Title.

(k) Insurance certificate.

A type of ID card issued for a For Hire (FH) motor vehicle in accordance with this Part.

(l) Insurance Company.

(1) A company or risk retention group (RRG) licensed by the New York State Department of Financial Services to write motor vehicle liability insurance in New York State, or

(2) a company or risk retention group (RRG) which is not authorized to write motor vehicle liability insurance in New York State, but which has filed with the commissioner a power of attorney and resolution in accordance with section 311 of the Vehicle and Traffic Law with respect to a vehicle lawfully registered in another state or in both this state and another state; or

(3) a risk retention group statutorily authorized to issue an owner's policy of liability insurance pursuant to any of the following sections of the Vehicle and Traffic Law:

(i) subparagraph ii of paragraph b of subdivision four of section 311;

(ii) subparagraph ii of paragraph c of subdivision four of section 311; or

(iii) paragraph b of subdivision 1 of section 370.

(m) Insurance Company Code (ICC).

A unique three-digit identification number assigned to an insurance company by the department for the purposes of articles 6 and 8 of the Vehicle and Traffic Law. Such assigned number shall appear on an ID card or insurance certificate required by this Part. The department shall withhold an ICC assignment until such time as the insurer has fulfilled all of the requirements set forth in this Part and Part 34.8 of this Title. DMV shall not accept ID cards for an insurance company whose ICC has been withdrawn by the department as provided for in Part 34.8 of this Title.

(n) Issuer.

A validly licensed agent, broker, insurance company with a valid DMV issued ICC, the New York Automobile Insurance Plan (NYAIP) or this department that may issue an ID card in full accordance with the provisions of this Part.

(o) New York Automobile Insurance Plan (NYAIP or "the Plan").

An entity established pursuant to article 53 of the New York State Insurance Law to assign eligible applicants for motor vehicle liability and physical damage insurance coverage who are unable to procure such coverage through ordinary methods from insurers licensed to write motor vehicle liability insurance coverage in New York State.

(p) NYS (New York State).

The State of New York.

(q) Policy period.

The period of time that the policy will be in force. The policy period is shown by the effective and expiration dates on ID cards provided with original policy issuance and policy renewal. Permanent ID cards shall not be issued providing coverage for a period exceeding 12 months.

(r) Producer.

An agent or broker.

(s) Replacement vehicle.

A vehicle added to an in force policy in conjunction with a vehicle deleted from such in force policy on the same date and time, e.g., Vehicle 2 on the policy, a 1999 Ford, is replaced by a 2001 Ford, the replacement vehicle. A replacement vehicle must be identified on the first issuance of an ID card in accordance with the provisions of section 32.9(j) of this Part.

(t) Reregistration (vehicle change).

A DMV registration transaction whereby a different vehicle (a replacement vehicle) is substituted for a currently registered vehicle (replaced vehicle) on a specific registration. A reregistration may be processed at any time during a registration period by itself or in conjunction with the renewal of a registration.

(u) Retail dealer.

A dealer whose business consists in whole or in part of buying, selling or dealing in motor vehicles, motorcycles or trailers at retail.

(v) Self-insurer.

An entity determined by the commissioner to be financially responsible in accordance with provisions of section 316 of the Vehicle and Traffic Law.

(w) Transporter registration class.

A class that allows a person or entity registered by the department to operate motor vehicles on the public highways in accordance with provisions of sections 415 and 416 of the Vehicle and Traffic Laws and Part 78 of this Title. A specific vehicle is not registered.

(x) Vehicle.

A vehicle registered in New York State or a vehicle owned by a New York State registrant, provided, however, it shall exclude a vehicle not subject to the provisions of articles 6 and 8 of the Vehicle and Traffic Law or a non-commercial trailer towed by a motor vehicle owned by and properly registered and insured in the name of an individual. Vehicle does include a dealer or transporter registration and license plate used to operate or transport a number of different vehicles.

(y) Wholesale dealer.

A dealer whose business consists exclusively of buying, selling or dealing in motor vehicles, motorcycles or trailers at wholesale.

History

Amended New York State Register April 29, 2015/Volume XXXVII, Issue 17, eff. 4/29/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.4 Issuance of ID cards

(a) Each insurance company or other authorized person, as prescribed herein, shall issue ID cards to a policyholder:

(1) at the inception of;

(2) upon the renewal of any liability insurance policy on a vehicle;

(3) upon the addition or replacement of a vehicle;

(4) upon the reissuance of a policy with a lapse in coverage; or

(5) upon the updating of or correction of required information. ID cards may be issued upon reinstatement of a policy without a lapse or as otherwise may be necessary in the course of business.

(b) ID cards shall only be issued by the following:

(1) an agent, broker, agency, brokerage or insurance company licensed by the New York State Department of Financial Services (insurer shall have a valid DMV issued ICC);

(2) the New York Automobile Insurance Plan (NYAIP);

(3) or this department. An agent, broker, agency, brokerage, insurance company or any other entity shall not provide ID card stock, software or means to issue ID cards to policyholders or other persons not authorized herein. ID cards shall not be issued by or completed by a policyholder or other person not authorized herein.

An authorized ID card issuer shall determine whether a vehicle is already registered in New York State by the policyholder registrant or whether the policyholder registrant intends to register the vehicle in New York State.

(d) New policyholder with vehicle(s) currently registered in New York State.

An authorized ID card issuer shall obtain the registration name(s) and vehicle description information from current New York State registration document(s) or electronic registration record for each vehicle to be insured at policy inception. At the time of original policy issuance, all registration names and vehicle information shall be incorporated, without modification, into both the policy application or policy and ID cards issued for specific vehicles. ID cards issued for individual vehicles shall be issued in a name corresponding to the registration name.

(e) New policyholder without vehicle(s) currently registered in New York State.

ID cards shall be issued in a name or names acceptable for registration for each vehicle. DMV shall not register a vehicle without proper documentation of registrant name. Acceptable proof of identity is required for an individual. Legal documentation, such as incorporation papers or a DBA filing with a county clerk is required for an organization (non-individual). Accordingly, at the time of original policy issuance, the policy and ID cards shall be issued in a name or names legally supported for registration. See section 32.15(g) of this Part for temporary NYAIP ID card (FS-75) identity and documentation requirements.

(f) Validation of VIN and New York State driver's license number (client ID).

A computerized process shall be employed by ID card issuers to validate the correctness of:

(1) the complete VIN for 1981 model year or newer vehicles; and

(2) the New York State driver's license number of individual policyholders. Such computerized process for VIN validation shall consist of the use of commercial VIN software or a check digit computation, as employed by the DMV developed software described herein. Such computerized process for New York State driver's license number validation shall consist of a check digit computation, as employed by the DMV developed software described herein.

(g) Basic requirements.

(1) ID cards shall not be issued in more than two individual names.

(2) ID cards shall not be issued in a combination of individual and organization names.

(3) ID cards shall not be issued in more than one organization name.

(4) An individual DBA is considered to be an organization name for purposes of this Part. Example of an insured name for an individual DBA: JOHN SMITH DBA SMITH TRUCKING.

(i) Proof of DBA filing is required for registration.

(ii) If ID cards are being issued for a reregistration (vehicle change on an existing registration), the existing registration must be in the DBA name to issue ID cards in a DBA name. If the current vehicle is registered in an individual name then ID cards shall be issued in the individual name unless the registrant elects to apply for an original registration.

(iii) An ID card issued in an individual DBA name is not acceptable for registration in an individual name.

(iv) An ID card issued in an individual name is not acceptable for registration in an individual DBA name.

Note:

Effective in January of 2000, DMV began registering an individual DBA name in accordance with the example in this subsection. An individual DBA was registered last name first during calendar years 1997, 1998 and 1999. DMV did not allow registration in the name of an individual DBA until February of 1997. In many cases a vehicle is actually registered in an individual name, not an individual DBA name.

(5) ID cards shall be issued in the full DBA name for registering in an organization's DBA name. Example: The registrant/insured name Capital District Restaurant Group DBA Gimme Pizza shall be Capital District Restaurant Group DBA Gimme Pizza. The insurance ID card must include the name of the individual and the trade name.

(6) Insured (ID card and policy) names shall be the same as registration names. An insured name on an insurance policy and ID cards shall not be changed unless the registration name is first changed. DMV shall require proof, other than an ID card, of the name change, to change the registration name. A policy and ID cards shall be issued in the registration name regardless of whether or not such name is the current name, e.g., maiden name. A name change to the policy and ID cards shall be made only after a change in registration name. Proof of a name change required by DMV to change a registration name shall not include submission of proof of a name change with an insurance company. The name change with DMV shall come first.

(7) All registration and ID card names shall be incorporated into the policy to ensure compatibility of insured/additional insured names required to be submitted to DMV in accordance with provisions of Part 34 of this Title.

(8) Name editing for trusts (organization name). Such ID cards require special editing to meet legal requirements and to fit in the available space. Examples:

(VIN) ..............................................................................................

MICHAEL;MOTORIST/TST..........................................................................

%MICHAEL;MOTORIST/STL (or/TR)..........................................................................

(VIN) ..............................................................................................

M;&;C;MOTORIST/TST...............................................................................

%M;&;C;MOTORIST/TST (or/TR)...............................................................

TST=Trust......................................................................................................

STL=Settlor (Grantor or Trustor)....................................................................

TR=Trustee.....................................................................................................

(9) ID cards shall not be issued using prefixes or occupations, e.g., DR, MR, REV, ATTORNEY AT LAW.

(10) ID cards shall not be issued with /, %,C/O or in care of as part of the name except as provided for herein.

(11) ID cards shall not show an effective date prior to the actual effective date of coverage.

(12) ID cards shall not show an expiration date after the actual policy expiration date.

(13) A producer shall not issue ID cards for an insurance company that he or she is not authorized to represent.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.5 Use of ID cards for DMV registration and insurance transactions

(a) Registration transactions.

No original registration, reregistration (vehicle change), registration renewal with reregistration (vehicle change), For Hire (FH) registration class renewal, reactivation of registration after plate surrender or plate storage, late registration renewal if there is an insurance cancellation from the same insurance company in the Insurance Information Enforcement System (IIES) database or registration renewal with an extension of the registration expiration date (EXTD) shall be processed for any vehicle unless an ID card conforming with this Part is submitted to DMV, its agent or any party authorized by the department to process registrations along with the registration application and other required documentation. The ID card shall be retained by DMV, its agent or any party authorized by the department to process registrations. An ID card is not required for a registration renewal transaction except as prescribed herein. Certification by the applicant that financial security is in effect made on the application is required from all applicants. The commissioner may require the presentation of an ID card for any other registration transaction, and where so required the ID card shall be returned to the registrant.

(b) Insurance transactions.

An ID card conforming to this Part issued by a superseding insurance company is acceptable as proof of insurance, subject to electronic verification. An ID card conforming with this Part issued by the same insurance company is acceptable as proof of insurance, subject to electronic verification if the effective date shown on the ID card is the same as or later than the cancellation effective date submitted electronically by that company. An ID card issued by or on behalf of an insurance company cannot be used to override transactions electronically submitted to DMV, as required by Part 34 of this Title, by that same insurance company.

Note:

DMV cannot change the effective date of an insurance information database record (electronically submitted initial load, new business or reinstatement transaction) or the cancellation effective date of an insurance information database record (electronically submitted cancellation transaction) with an ID card from the same insurance company. An insurance company shall submit an appropriate electronic transaction(s) with a corrected date(s).

(c) An ID card shall be rejected on all registration and insurance transactions, as required by this Part, for the following reasons:

(1) An ID card does not contain a compliant encrypted 2D bar code prescribed by this Part.

(2) An encrypted 2D bar code is not readable by DMV, its agent or any party authorized by DMV to process registrations.

(3) An encrypted 2D bar code is not authentic (security key and PIN number is not verified electronically).

(4) The ID card issuer's New York State Department of Financial Services license was revoked on or prior to the effective date or preparation date (FS-75 only) printed on the ID card.

(5) The insurance company is not in compliance with Part 34 of this Title.

(6) The ID card, including the data elements contained within the bar code, does not meet the requirements set forth in this Part.

(7) The words/symbols AND, &, AND/OR, &/OR and so forth shall not be used except for Trusts and DBA organization names due to space limitations. Unacceptable co-registrant name examples:

(i) MICHAEL & CONSTANCE MOTORIST; and

(ii) MOTORIST MICHAEL AND CONSTANCE.

(8) An ID card is issued in the name of an estate, e.g., ESTATE OF MICHAEL MOTORIST. A registration generally remains in the name of the deceased, is transferred to a surviving spouse, or the vehicle is registered in the name of the executor, executrix, administrator, etc., possibly in care of (%) the estate.

(9) The effective date has not yet occurred, except for a 13-month or 14-month FH registration. In that case two ID cards are required. The first ID card must show insurance coverage for the remainder of the current registration period and the second ID card must show insurance coverage for the entire second registration period. February 5, 2001 livery class registration application example: One ID card effective February 5, 2001 for the policy period expiring March 1, 2001 and the second ID card for the policy period effective March 1, 2001 and expiring on March 1, 2002.

(10) The expiration date has passed (registration only).

(11) The effective date is more than 180 days prior to the date of registration or the issuance of a temporary 45-day registration.

(12) The vehicle described on the ID card does not match the vehicle to be registered or the vehicle described in the DMV inquiry letter, suspension or revocation order.

(13) The vehicle identification number (VIN) on the ID card does not match the VIN on the ownership document or DMV electronic record.

(14) The name on the registration application, registration, inquiry letter or suspension/revocation order is not the same name shown on the ID card.

(15) The name(s) on the ID card or within the bar code does not meet the requirements of section 32.4 of this Part.

(16) The ID card is not in conformity with this Part.

History

Amended New York State Register April 29, 2015/Volume XXXVII, Issue 17, eff. 4/29/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.6 Verification of insurance coverage (validity of id cards)

(a) Mandatory verification (MVF). Insurance companies shall respond to DMV initiated MVF transactions in full accordance with the provisions of Part 34 of this Title. MVF transactions primarily represent the verification of ID cards when required electronic proof of insurance is not posted to DMV's insurance information database. The department may, as necessary, request specific verification of insurance coverage from motorists as a result of occurrences that indicate operation of a motor vehicle such as accident reports, conviction certificates, and requests from the public or other agencies. Upon receipt of a response from the motorist, the department shall initiate a MVF transaction to the identified insurance company if DMV's insurance information database does not at that time confirm insurance coverage.

(b) Each insurance company shall provide the department with a single electronic value added network (VAN) mailbox address to receive MVF transactions as required by Part 34 of this Title. In addition, each insurance company shall provide the commissioner with a single authorized name and mailing address, e-mail address and telephone number of a person designated to receive manual MVF transactions for dealer/transporter registrations and as may be otherwise required by the commissioner. Insurance companies shall respond to DMV initiated electronic and manual verification of ID cards accepted by the department within the prescribed return transactions specified by and in full accordance with the time frames set forth in Part 34 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.7 Administrative action

(a) When the department receives a no insurance (NIS) response from an insurance company to a mandatory verification (MVF) transaction, the department shall issue a registration suspension or 30-day revocation (FH only) and a driver's license suspension, as applicable. Reason for suspension: invalid proof of insurance submitted.

(b) When the department receives a NIS response for a MVF transaction generated by a report of operation of a motor vehicle without insurance, the department shall issue a one year revocation against the driver's license and/or registration as prescribed by law and assess the civil penalties prescribed by law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.8 Notice of termination

All of the information and warnings required to be provided on a notice of termination sent to an insured by an insurance company as required by subdivision 1 of sections 313 and 370 of the Vehicle and Traffic Law and Part 34 of this Title shall continue to be required on such notice.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.9 Types of ID cards and specifications

(a) There shall be two basic types of ID cards, a temporary ID card and a permanent ID card. Each type of ID card shall conform to the specifications prescribed by this Part.

(b) Permanent ID cards.

Permanent ID cards shall be issued by all types of insurance companies and licensed authorized agents and brokers as well as by the department for self-insurers and financial security depositors. Each ID card shall consist of at least two identical parts, 5 inches through 81/2 inches in width by 3 inches to 51/2 inches in height, printed on stock not lighter than 20-pound white bond, and shall bear the title "NEW YORK STATE INSURANCE IDENTIFICATION CARD" and the form numbers prescribed by this Part. Minimum size: 3" X 5". Maximum size 51/2" X 81/2". ID cards shall be computer issued. Portions of the required information, such as the legally required statements, may be pre-printed. ID cards shall contain the compliant encrypted 2D bar code security feature produced in full accordance with the specifications prescribed by this Part and DMV technical documentation.

Temporary ID cards (FS-21) shall only be issued by an insurance company licensed by the New York State Department of Financial Services to write primary motor vehicle liability insurance coverage in New York State or such insurance company's authorized producers licensed by the New York State Department of Financial Services. Temporary NYAIP ID cards (FS-75) shall only be issued by producers who are both certified by the NYAIP and licensed by New York State Department of Financial Services in full accordance with procedures and systems established by the NYAIP. Each ID card shall consist of at least two identical parts, 5 inches through 81/2 inches in width by 3 inches through 51/2 inches in height, printed on stock not lighter than 20-pound white bond, and shall bear the title "TEMPORARY NEW YORK STATE INSURANCE IDENTIFICATION CARD" and the form numbers prescribed by this Part. Minimum size: 3" X 5". Maximum size: 51/2" X 81/2". ID cards shall be computer issued. Portions of the required information, such as the legally required statements, may be pre-printed. ID cards shall contain the compliant encrypted 2D bar code security feature produced in full accordance with the specifications prescribed by this Part and DMV technical documentation. Temporary ID cards (FS-21) provided in conjunction with a new policy shall be issued for a period of 60 days except as limited by section 32.3(g) of this Part.

(d) Each ID card shall contain the following information on the front of each part:

(1) The title: NEW YORK STATE INSURANCE IDENTIFICATION CARD, TEMPORARY NEW YORK STATE IDENTIFICATION CARD, NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES INSURANCE CERTIFICATE-FOR HIRE PASSENGER VEHICLE or NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES CORPORATE SURETY BOND-FOR HIRE PASSENGER VEHICLE, as applicable.

(2) DMV assigned insurance company code (ICC).

(3) Insurance company name.

(4) Name and address of the insurance company, agency, brokerage, agent, broker or the NYAIP that issued the ID card. The NYAIP is authorized to assign eligible risks to insurance companies licensed to write primary motor vehicle liability insurance coverage in New York State.

(5) Name and address of the insured registrant or insured registrants, if two individuals, printed in full accordance with the requirements set forth in this Part.

(6) Policy number except that on a temporary ID card any method by which an insurance company can identify the insured and vehicle is acceptable.

(7) Effective date, except as provided for in section 32.15 of this Part, including month (MM), day (DD), year (YYYY) and time (12:01 a.m.). Insurance companies may computer or machine print the word Renewal on permanent ID cards and, if they do so, such cards shall be acceptable, as is required, for processing a registration renewal prior to the effective date of coverage as long as the policies have not lapsed.

(8) Expiration date, except as provided for in section 32.15 of this Part, including month (MM), day (DD), year (YYYY) and time (12:01 a.m.).

(9) Description of vehicle including year (YYYY), make and an accurate and complete vehicle identification number (VIN) and number of seats (For-Hire registration classes only).

(10) The applicable certification statement prescribed by section 32.9(e) or section 32.15 of this Part.

(11) The applicable form number as set forth in the Appendices of this Part.

(12) Other required or permitted wording such as "REPLACEMENT VEHICLE", "HISTORICAL" or "TOW TRUCK" as is appropriate.

(13) Applicable wording set forth in the Appendices of this Part for the specific types of ID cards to enable identification of the required data elements, e.g., "Policy Number", "Bond Number", "Applicable with respect to the following Motor Vehicle:"

(14) The statement: "(Not acceptable to obtain registration after 45 days from effective date)".

(15) A compliant encrypted 2D bar code produced in full accordance with the specifications prescribed by this Part and DMV technical documentation.

(e) Certification statements.

See also section 32.15 of this Part for FS-75.

(1) Authorized insurance company (FS-20 and FS-21): "An authorized New York insurer has issued an owner's policy of liability insurance complying with article 6 (Motor Vehicle Financial Security Act) of the New York Vehicle and Traffic Law to:"

Authorized insurance company (FS-20 and FS-21): "An authorized New York insurer has issued an owner's policy of liability insurance complying with article 6 (Motor Vehicle Financial Security Act) of the New York Vehicle and Traffic Law covering:"

(2) Authorized insurance company (FH-1): "An authorized New York insurer certifies that is has issued a liability policy complying with section 370 of the New York Vehicle and Traffic Law to:"

(3) Unauthorized insurance company.

(i) "the company has issued to the insured named below an automobile liability policy covering the vehicle described herein;

(ii) the company has filed a resolution and power of attorney pursuant to subdivision 4(c) of section 311 of the Vehicle and Traffic Law;

(iii) the vehicle insured hereunder is registered in the insured's state of residence; and

(iv) the company is authorized to transact business in said state."

(4) Authorized bonding company (FS-83): "An authorized New York insurer filed a financial security bond with the Department of Motor Vehicles complying with article 6 of the New York Vehicle and Traffic Law on behalf of:"

(5) Authorized bonding company (FH-1B): "An authorized New York insurer certifies that it has issued a bond complying with section 370 of the New York Vehicle and Traffic Law to:"

(6) Self-insurer (FS-80): "The registrant named has been granted approval having submitted satisfactory evidence for qualification as a self insurer under section 316 of article 6 of the New York Vehicle and Traffic Law".

(7) Financial security depositor (FS-79): "The registrant named has been granted approval having submitted satisfactory evidence for qualification as a financial security depositor under article 6 of the New York Vehicle and Traffic Law for the following motor vehicle".

(8) The registrant named below has been granted approval as a self-insurer, having submitted satisfactory evidence for qualification under section 370-3 of article 8 of the New York Vehicle and Traffic Law.

(f) The following four statements shall be machine or computer printed either on the front or the back of ID cards in accordance with section 32.16 of this Part:

THIS ID CARD MUST BE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION UPON DEMAND.........................................................................

WARNING: Any person who issues or produces and ID card knowing that an Owner's Policy of Insurance is not in effect may be committing a misdemeanor. In addition, a person who presents an ID card if financial security is not in effect may be committing a misdemeanor..................................................................................

WARNING: Any person who issues or produces and ID card knowing that an Owner's Policy of Insurance is not in effect may be committing a misdemeanor. In addition, a person who presents an ID card if insurance is not in effect may be committing a misdemeanor........................................................................................

The name of the registrant and the name of the insured must coincide.................................................................................................

REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION.........................................................................................

(g) Additional information, including an insurance company's trademark or other symbol, may be added to an ID card as long as it does not interfere with the required information. No data, symbols background images, etc. shall appear in the area reserved for printing a compliant encrypted 2D bar code.

(h) Historical motor vehicle.

If the motor vehicle described on the ID card is to be registered as an historical motor vehicle, the word HISTORICAL must be computer-printed or machine-printed on the ID card. This indicates that coverage is provided not only for the motor vehicle described on the ID card but also for non-owned unregistered motor vehicles which would qualify for historical registration and which are operated by the registrant or his agent with the registration number plates assigned to the motor vehicle described on the ID card for the purpose of test driving in anticipation of possible purchase.

(i) Tow truck.

If the motor vehicle described on the ID card is to be registered as a tow truck, the words TOW TRUCK must be computer or machine-printed on the ID card in order to indicate compliance with specific levels of coverage required by the New York State Vehicle and Traffic Law.

(j) Replacement vehicle.

If the motor vehicle described on an ID card is a replacement vehicle, the first issuance of such ID card shall contain the notation "REPLACEMENT VEHICLE". A replacement vehicle is a motor vehicle that replaces a vehicle (the replaced vehicle) insured on an in force policy. A replacement vehicle is added to an in force policy on the same date that the replaced vehicle is deleted from said policy. This notation is required on the first issuance of vehicle specific ID cards required by this Part and non-vehicle specific ID cards issued in accordance with section 32.11(a) of this Part. Upon receipt of an ID card containing a "REPLACEMENT VEHICLE" notation:

(1) dealers registered under Part 78 of this Title shall not accept an ID card with the notation "REPLACEMENT VEHICLE" for an original registration; and

(2) DMV, its agents or any party authorized by the department to process registrations shall only process a reregistration (vehicle change) transaction using the replaced vehicle's current registration. Nothing herein shall preclude the issuance of replacement license plates in conjunction with any such reregistration transaction. A "REPLACEMENT VEHICLE" notation is not required for DMV to process a reregistration. A reregistration may be processed with or without a "REPLACEMENT VEHICLE" notation.

The "REPLACEMENT VEHICLE" notation shall appear on ID cards as follows:

(i) Permanent ID cards. The notation shall be computer-printed or machine-printed.

(ii) Temporary ID cards. The notation shall be computer-printed or machine-printed.

This subsection is not applicable to the New York State Insurance Identification Card 997-Self Insurer (FS-80) or ID cards issued for dealer and transporter registrations that are not vehicle specific.

A registrant may apply for an original registration upon surrender of registration items previously used for a replaced vehicle and presentation of an ID card without a "REPLACEMENT VEHICLE" notation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.11 Prescribed forms for id cards

Each ID card, including the FS-75 specified by section 32.15 of this Part, shall be printed and issued in full accordance with the specifications prescribed by this Part in substantially the following form:

(a) Permanent FS-20: Front print only

(See: Section 32.16 of this Part)

(b) Permanent FS-20: Pre-printed back

Front (See: Appendix 32-2)

Back (See: Section 32.16 of this Part)

(See: Section 32.16 of this Part)

(d) Temporary FS-21: Pre-printed back

Front (See: Section 32.16 of this Part)

Back (See: Section 32.16 of this Part)

(e) Permanent Bonded FS-83: Front print only

(See: Section 32.16 of this Part)

(f) Permanent Bonded FS-83: Pre-printed back

Front (See: Section 32.16 of this Part)

Back (See: Section 32.16 of this Part)

(g) Permanent FH-1: Front print only

(See Section 32.16 of this Part)

(h) Permanent FH-1: Pre-printed back

Front (See: Section 32.16 of this Part)

Back (See: Section 32.16 of this Part)

(i) Permanent Bonded FH-1B: Front print only

(See: Section 32.16 of this Part)

(j) Permanent Bonded FH-1B: Pre-printed back

Front (See: Section 32.16 of this Part)

Back (See: Section 32.16 of this Part)

(k) Permanent Self-Insurer FS-80: Front print only

(See: Section 32.16 of this Part)

(l) Permanent Security Depositor FS-79: Front print only

(See: Section 32.16 of this Part)

(m) Permanent Unauthorized Insurance Company FS-84: Front print only

(See: Section 32.16 of this Part)

(n) Permanent For-Hire Self-Insurer FH-3

(See: Section 32.16 of this Part)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.12 Insurance information accompanying id cards

(a) At the time that ID cards are issued to a policyholder by or on behalf of an insurance company in conjunction with the original issuance of a policy an insurer shall provide the policyholder with the insurance information set forth in section 32.12(b) of this Part. An insurance company or producer may provide this information to a policyholder at any other time including in conjunction with policy renewals or vehicle endorsements as may be deemed appropriate.

(b) Important insurance information for policyholders.

(1) Financial security (insurance) shall be maintained without interruption during the entire registration period regardless of whether the vehicle is driven.

(2) License plates must be surrendered before insurance is cancelled or suspended without exception. This is compliance with New York State law. Surrendering license plates before cancellation of insurance will prevent communications from DMV based on cancellation that insurers are required by law report to DMV.

(3) Policyholders moving from New York State must coordinate the surrender of New York State license plates and cancellation of a New York State insurance policy with obtaining a new registration and insurance policy in another state. Again, this will prevent DMV communications based on cancellation reported by insurers.

(4) Insurers must provide policyholders with at least two identical ID cards for each vehicle insured. ID cards represent that insurance is provided for the named insured and the described vehicle, as applicable, as of the effective date shown thereon.

(5) Encrypted 2D bar codes on ID cards contain tamper proof security features that prevent ID card fraud. The bar code contains information about the policy, effective dates of coverage and issuance date, registrant name and address, vehicle description (as applicable) and the issuer of the ID card.

(6) Some insurers and agents are using software that allows ID cards to be either e-mailed or faxed. Successful faxing requires equipment in good working order both sending and receiving. Faxed ID cards are only acceptable if the ID card contains a large faxable bar code that scans (is readable).

(7) Policyholders should check to be sure that the name and the vehicle identification number (VIN) on all ID cards are identical to the name and VIN on all the registrations. Policyholders should immediately notify their agent and/or insurer of any discrepancies. Agents and/or insurer must issue corrected ID card and change policy records accordingly.

(8) Policyholders must keep one ID card in the vehicle at all times.

(9) An ID card must, upon demand, be shown to a law enforcement officer, judge, hearing officer or any person with whom the insured or other driver may have had an accident. In the event of an accident, the insured or driver can also demand to see the other driver's ID card.

(10) The failure to produce an ID card at the request of a law enforcement officer is presumptive evidence of uninsured operation for which the driver may be given a ticket. An ID card must be produced upon demand by any driver of a vehicle; not just the registrant.

(11) If the second ID card is not currently required for registration purposes it should be kept in a safe place since it may be required to be submitted to DMV as proof of insurance in the future.

(12) Upon loss of an ID card the insured shall contact the insurance company, agent or broker, not DMV.

(13) An ID card is only as good as the policy that it represents. If for any reason the insurance policy is terminated, then the ID cards issued in conjunction with such policy are void. Any use of such invalid ID cards may be a violation of law.

(14) Failure to maintain liability insurance coverage continuously throughout the registration period even if the vehicle is not in use may result in the suspension of the registration and driving privileges. Registrants if eligible may opt to pay a civil penalty for each day that a vehicle was registered and uninsured one time in a three-year period if the lapse in coverage does not exceed 90 days. A 20-day revocation may be imposed on for hire vehicles such as taxis, liveries, buses, rentals and so forth.

(15) Driving without insurance, a valid registration or driver's license is subject to severe sanctions under the law. A driver may be arrested and incarcerated and the vehicle impounded. Such driver is subject to fines and surcharges in a court of law. In cases of uninsured operation DMV will imposed mandatory revocation of registration and driver's license as well as a substantial civil penalty.

(16) Fraudulent issuance or use of an ID card as proof of a non-existent policy is punishable as a misdemeanor under New York State law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.13 Miscellaneous

(a) The name of the registrant and the name of the insured must coincide.

(b) ID cards shall be issued in the name that coincides to the name on the registration for a specific vehicle. All registration names that may be insured under a policy cannot be listed on the same ID card if such names exceed one organization name or two individual names. However, all of the registration names and all of the specific vehicles must be captured by the issuer and provided to the insurance company to enable the company to successfully submit electronic insurance transactions to DMV in accordance with Part 34 of this Title.

(c) Fleet transactions. When a policyholder has five (5) or more (non-For Hire) or ten (10) or more (For Hire) motor vehicles registered in New York State, the insurance company may use the statement "ALL OWNED VEHICLES" in lieu of a specific vehicle description on each ID card. However, each vehicle must have an ID card issued for it. No other wording except "ALL OWNED VEHICLES" is acceptable in lieu of a specific vehicle description on each ID card. Fleet ID cards must be issued in names that correspond to the registration names for multiple vehicles. For example, if 16 vehicles are insured under a policy and 4 vehicles are registered in the name of ABC CORPORATION, XYZ SUBSIDIARY, SMITH JOHN A and EASY LEASE INC., then 4 sets of ID cards must be issued in the 4 different registration names.

Note: Even though non-vehicle specific ID cards are permitted herein, all specific vehicle, registrant name and all other required information must be captured by the issuer and provided to the insurance company to enable the company to successfully electronically submit mandated insurance transactions to DMV in accordance with Part 34 of this Title.

(d) Retail motor vehicle dealers. An ID card issued to a retail motor vehicle dealer shall contain the wording "DEALER GARAGE AUTO LIABILITY POLICY" or "ALL OWNED AND NON-OWNED VEHICLES-COMPREHENSIVE AUTO LIABILITY POLICY" in lieu of a specific vehicle description. One set of ID cards must be issued for each set of dealer license plates assigned to the dealer by DMV. An ID card shall be placed in each vehicle while it is being driven under the dealer's policy with a dealer plate. An ID card with either notation prescribed in this Subsection shall only be acceptable for obtaining a dealer registration and license plate. An ID card with either prescribed notation is not acceptable for registering a specific vehicle in other registration classes. A temporary ID card (FS-21 or FS-75) is not acceptable for the issuance of dealer registration and dealer plate.

(e) Wholesale dealers and transporters. An ID card issued to a wholesale dealer or transporter for transporter license plates shall contain the wording "AUTO LIABILITY POLICY" in lieu of a specific vehicle description. One set of ID cards shall be issued for each set of transporter plates assigned to the registrant by DMV. An ID card with the notation prescribed in this Subsection shall only be acceptable for obtaining a transporter registration and transporter license plate. An ID card with the prescribed notation is not acceptable for registering a specific vehicle in other registration classes. A temporary ID card (FS-21 or FS-75) is not acceptable for the issuance of a transporter registration and plate.

(f) Faxed ID card. A faxed ID card containing a compliant encrypted 2D bar code is acceptable for registration and insurance processing purposes if it is readable by DMV and otherwise compliant with the requirements set forth in this Part. In order to be readable, the bar code must be large enough to provide sufficient resolution for reading. A faxable bar code may be printed directly on a card or in a manner similar to the documents produced by the DMV developed software in the appendices of this Part. If printers and fax machines used by senders and receivers of faxed ID cards do not provide the required print quality and resolution, such equipment must be replaced for the fax utility to be successfully employed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.14 Use by registrant or operator

A valid current ID card shall be kept with the vehicle to which it applies and it must be produced upon demand by any law enforcement officer or to any person with whom an accident has occurred. Failure to produce an ID card when required may result in a charge of uninsured operation and revocation of driver's license and/or registration privileges.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.15 Special id card rules applicable to policies assigned by the new york automobile insurance plan (nyaip)

(a) New application.

(1) Definition. An original application to the NYAIP for a vehicle that may or may not be currently registered in the applicant's name in New York State.

(2) The producer of record may issue distinctive temporary NYAIP ID cards (FS-75) showing that the ID cards are issued in the name of the NYAIP on behalf of an insurer to be designated by the plan. If the vehicle is currently registered in New York State in the applicant's name, the registration name shall be used on the NYAIP application and the FS-75 ID cards. If the vehicle is not currently registered in New York State in the applicant's name, a name acceptable for registration purposes shall be used on the NYAIP application and the FS-75 ID cards. Coverage shall become effective upon the issuance of a legal registration by an issuing office of the department OR as designated by the NYAIP in accordance with the rules of the Plan. FS-75 ID cards shall consist of two identical documents to be used as follows:

(i) one card shall be retained by the applicant as a temporary ID card; and

(ii) if applicable, the other card shall be submitted to the department with an application for registration. DMV shall mail FS-75 ID cards to the plan indicating the date on which the registration was issued.

(b) Existing policy- adding a motor vehicle.

(1) Definition. The applicant has motor vehicle liability insurance in force through the NYAIP for another vehicle. A vehicle which is not registered in the applicant's name in New York State but will be registered in this State by the applicant is being added to an existing policy.

(2) The producer of record may follow one of two procedures after ascertaining from records that a policy is in force. The producer may contact the insurer directly and the insurer shall issue the required ID cards. Coverage shall become effective in accordance with the provisions of the policy or 12:01 a.m. on the day following the postmark date on the transmittal envelope, as affixed by the United States Postal Service, except as may otherwise be provided for in the rules of the plan. Alternatively, the producer may issue FS-75 ID cards which shall be prepared to indicate that such ID cards are being issued in the name of the NYAIP on behalf of an insurer already designated by the plan, or depending on the timing, to be designated by the plan. FS-75 ID cards shall consist of two identical documents to be used as follows:

(i) one card shall be retained by the applicant as a temporary ID card; and

(ii) the other card shall be submitted to the department with an application for registration. DMV shall mail FS-75 ID cards to the plan indicating the date on which the registration was issued. Coverage shall be effective in accordance with the provisions of the policy or upon the issuance of a legal registration by an issuing office of the department or its agent, whichever occurs earlier.

(c) Existing policy- replacing or adding a motor vehicle. Definition. The applicant has motor vehicle liability insurance in force through the plan for another vehicle. At this time a vehicle which is not registered in the applicant's name in New York State but will be registered in this State by the applicant is replacing a vehicle on an existing policy or is being added to a policy. The producer may issue FS-75 ID cards for non-for hire (FH) motor vehicles only, which shall be prepared to indicate that such ID cards have been issued in the name of the NYAIP on behalf of an insurer already designated by the plan or, depending on the timing, to be designated by the plan. FS-75 ID cards shall consist of two identical documents to be used as follows:

(1) one card shall be retained by the applicant as a temporary ID card; and

(2) the other card shall be submitted to the department with an application for registration. DMV shall mail FS-75 ID cards to the plan indicating the date on which the registration was issued. Coverage shall be effective in accordance with the provisions of the policy OR upon the issuance of a legal registration by an issuing office, agent of the department or entity processing registration transactions under a Memorandum of understanding with DMV, whichever occurs earlier.

(d) Other usage permitted.

(1) The producer of record may also use FS-75 ID cards for any of the following purposes:

(i) To replace an ID card that has been lost or stolen.

(ii) To replace a permanent ID card which was incorrectly issued by the assigned insurer.

(iii) As a temporary renewal ID card should the assigned insurer fail to issue the permanent ID card prior to the inception of the renewal policy.

(iv) For a replacement vehicle immediately after the filing of the application, using the plan's AIP case (assignment) number, if available or if not available, then the FS-75's control number.

(2) FS-75 ID cards shall only be issued by certified NYAIP producers of record in full compliance with the requirements of this Part and rules of the plan. Whenever a producer of record issues a FS-75 ID card, such producer shall fully comply with the data integrity requirements of this Part, properly identify whether ID cards are issued for a new application or existing policy, provide all available policy information for an existing policy and comply with all issuance requirements set forth in this Part and in the rules of the plan. Proof of identity and legal documentation required by section 32.4(e) of this Part shall be provided to the certified NYAIP producer before a FS-75 ID card is issued by such producer.

(e) Specifications of temporary NYAIP ID cards (FS-75). FS-75 ID cards shall meet all of the requirements set forth in this Part. The following requirements are unique to FS-75 ID cards:

(1) Identification of a new application or an existing policy as described in this section.

(2) Company code, name of company and policy number if FS-75 ID card is issued for an existing policy.

(3) Certification statement: An authorized New York insurer will issue a policy of liability insurance in accordance with the provisions of the New York Automobile Insurance Plan complying with article 6 of the New York Vehicle and Traffic Law.

(4) Check boxes for tow truck and in-transit permit.

(5) Narrative checkbox information on the effective date of insurance coverage and other NYAIP verbiage as shown in section 32.16 of this Part.

(6) Case number or other control number used by the NYAIP.

(7) Preparation date. The date that the FS-75-ID card is issued by a certified producer as prescribed by rules of the plan. Nothing herein shall preclude the NYAIP from implementing an ID card issuance system for use by certified producers whereby all FS-75 ID cards identify an authorized insurance company designated by the NYAIP and provide both an effective and expiration date of coverage.

(f) Acceptability of temporary NYAIP ID cards (FS-75). FS-75 ID cards issued in full compliance with provisions of this Part and rules of the plan are acceptable by the Department for registration purposes only. Such FS-75 ID cards are not acceptable as proof of insurance in response to an inquiry letter or any suspension or revocation order issued by the department. A permanent ID card issued by the assigned insurer shall be submitted to the department by the registrant for all insurance transactions. FS-75 ID cards meeting all of the requirements set forth in this Part that additionally identify an authorized insurance company designated by the NYAIP and provide both an effective and expiration date of coverage are acceptable by the department for registration and insurance transactions.

(g) Permanent for-hire ID cards (FH-1) may be issued solely by the central office of the NYAIP and shall provide all required information specified by this Part including effective and expiration dates as designated by the department, assigned insurance company name three digit insurance company code and policy number which can be electronically verified by the designated insurer. Compliant FH-1 ID cards directly issued by the NYAIP are acceptable for both registration and insurance processing purposes by the department. There are no special provisions applicable to the NYAIP's issuance of FH-1 ID cards.

(h) Miscellaneous provisions.

(1) FS-75 ID cards issued by certified producers and FH-1 ID cards directly issued by the NYAIP must be vehicle specific.

(2) FH-1 ID cards shall not be issued by certified producers on behalf of the plan.

(3) Separate FS-75, FS-76 and FS-77 ID cards previously combined into a single FS-75/FS-76/FS-77 ID card are now a FS-75 ID card.

(4) FS-75 ID cards expire 60 days after the preparation or effective date, as applicable.

(5) FS-75 ID cards are valid for registration for 45 days from the preparation or effective date, as applicable.

(h) Temporary NYAIP ID card (FS-75) (see: Section 32.16 of this Part.)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.16 Electronic insurance ID cards

(a)

(1) Notwithstanding any other provision of this Part, electronic insurance ID cards may be issued by an insurance company if the insurance company chooses to issue electronic insurance ID cards, and such electronic insurance ID cards shall be acceptable as proof of insurance in the same manner as paper insurance ID cards that are authorized by this Part. Such electronic proof of insurance must be capable of being displayed on a portable electronic device, as defined in paragraph (a) of subdivision two of section 1225-d of the Vehicle and Traffic Law. Electronic insurance ID cards may not be issued: for temporary ID cards, entities that are self-insured or for fleet transactions, dealers or transporters, as set forth in section 32.13 of this Part.

(2) If an insurance company elects to issue electronic insurance ID cards, nothing in this section shall be construed to require such company to issue electronic insurance ID cards on portable electronic devices other than those that the insurance company elects to utilize for this purpose and that meet the insurance company's and the department's requirements for such issuance.

(3) A driver may temporarily surrender his or her personal electronic device to law enforcement personnel for the purpose of providing proof of insurance through an electronic insurance ID card. Such temporary surrender shall cause the driver to give a limited consent for law enforcement personnel to utilize the electronic device on which the electronic insurance ID card is located for the purpose of obtaining information regarding the status of the driver's insurance only. This shall not otherwise invalidate any legally obtained warrant or consent to search as authorized by law.

(b) Electronic insurance ID cards must meet the requirements set forth in this Part that are applicable to paper insurance ID cards, except as to those provisions which by their nature can have no application. In no event shall an electronic insurance ID card be issued unless it meets the requirements set forth in subdivision (c) of this section.

(1) the title: NEW YORK STATE INSURANCE IDENTIFICATION CARD;

(2) DMV assigned insurance company code (ICC);

(3) insurance company name;

(4) name and address of the insurance company that issued the electronic insurance ID card;

(5) name and address of the insured registrant or insured registrants, if two individuals, printed in accordance with the requirements set forth in this Part;

(6) policy number;

(7) effective date, including month (MM), day (DD), year (YYYY) and time (12:01a.m.);

(8) expiration date, including month (MM), day (DD), year (YYYY) and time (12:01a.m.);

(9) description of vehicle including year (YYYY), make and an accurate and complete vehicle identification number (VIN);

(10) the applicable certification statement prescribed by section 32.9(e) of this Part;

(11) other required or permitted wording such as "REPLACEMENT VEHICLE", "HISTORICAL" or "TOW TRUCK" as is appropriate;

(12) the statement: "(Not acceptable to obtain registration after 45 days from effective date)";

(13) a compliant encrypted 2D bar code produced in full accordance with the specifications prescribed by this Part and DMV technical documentation; and

(14) the four statements required by section 32.9(f) of this Part.

(d) Additional information, including an insurance company's trademark or other symbol, may be added to an ID card as long as it does not interfere with the required information. No data, symbols background images, etc. shall appear in the area reserved for printing a compliant encrypted 2D bar code.

(e) Historical motor vehicle. If the motor vehicle described on the ID card is to be registered as an historical motor vehicle, the word HISTORICAL must be displayed.

(f) Tow truck. If the motor vehicle described on the ID card is to be registered as a tow truck, the words TOW TRUCK must be displayed.

(g) Replacement vehicle.

(1) If the motor vehicle described on an electronic insurance ID card is a replacement vehicle, the first issuance of such ID card shall contain the notation "REPLACEMENT VEHICLE. The "REPLACEMENT VEHICLE" notation shall appear on electronic insurance ID card.

(2) A registrant may apply for an original registration upon surrender of registration items previously used for a replaced vehicle and presentation of an electronic insurance ID card without a "REPLACEMENT VEHICLE" notation.

(h) Nothing in this section shall be construed to authorize an insurance company to issue an electronic insurance ID card instead of a paper insurance ID card without the consent of the person or entity named on such insurance ID card. Provided however, if the person receiving an e-card has notified his or her insurance company that such person wishes to receive a paper insurance ID card in addition to the electronic insurance ID card, the insurance company must issue the insurance card to such person in both the electronic and paper form.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 32.17 Insurance card samples

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History

Amended New York State Register April 29, 2015/Volume XXXVII, Issue 17, eff. 4/29/2015

Part 34 Motor Vehicle Liability Insurance Reporting

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.2 Definitions and general requirements

(a) Batch processing. A daily DMV operation that includes the attempted matching to department registration records of notices received by the department from insurance companies or servicing agents. A notice matched to an individual registration record results in the posting of information (data elements) from such notice to DMV's insurance information database.

(b) DBA (doing business as). A DBA most commonly involves an individual conducting business or trading under an assumed name. For purposes of this Part a DBA name is treated as an organization name. DBA may also apply to a corporate entity doing business under an assumed name.

(c) DMV initiated verification transaction report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of report; total number of days in reporting period; insurance company and servicing agent codes and names; total number of verification transactions (mandatory and negative); and total number of and percentage of insurer responses. Upon receipt of notification from the department that DMV initiated mandatory verification (MVF) transactions are not being responded to or are not being responded to in a timely manner as required by this Part, an insurance company or servicing agent shall take immediate steps to determine the reasons for such performance, formulate a remediation plan to correct the deficiencies and fully implement such remediation plan to eliminate non-responses to MVF transactions and non-timely responses to MVF transactions submitted to the department.

(d) EDI. Electronic data interchange. The electronic transfer of business documents from one computer application to another computer application in a prescribed format using translation software. Insurance companies and servicing agents shall utilize commercial translator/mapping software to send transactions to and receive transactions from DMV.

(e) Edit error (EDI translator). A notice submitted by an insurance company or servicing agent unacceptable for filing purposes because the EDI file format or segments (group of data elements) within the EDI file are not compliant with DMV's EDI specifications. DMV translator error scenarios:

(1) required segments are missing;

(2) required data elements are missing; and

(3) data elements are invalid, e.g., incorrect number of characters, incorrect value according to specifications, etc.

Such notice is not matched to a department registration record, is not posted to DMV's insurance information database and is not a filing. Upon receipt of notice from the department of edit errors, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for edit errors, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to eliminate edit errors from its submissions to the department. An insurance company or servicing agent shall resubmit a corrected notice to the department, as prescribed by this Part, unless its submission is not required by law, this Part or DMV MVLIR specifications.

(f) Edit error (application). A notice submitted by an insurance company or servicing agent unacceptable for filing purposes due to:

(1) the absence of information or the presence of invalid information in key data fields as delineated in appendix A of DMV's MVLIR implementation guide; or

(2) submission for an excluded registration class.

Such notice is not matched to a department registration record, is not posted to DMV's insurance information database and is not a filing. An insurance company or servicing agent shall resubmit a corrected notice to the department, as prescribed by this Part, unless the original notice was not required by law, this Part or DMV MVLIR specifications. Upon receipt of notice from the department of any edit errors, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for edit errors, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to eliminate edit errors from its submissions to the department.

(g) Edit error report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of report; total number of days in reporting period; insurance company and servicing agent codes and names; edit error reasons; edit error numbers and percentages; breakdown of submissions and resubmissions; and summary information.

(h) Filing. A notice submitted to the commissioner in the manner and format prescribed by this Part, by or on behalf of an insurance company, that matches a department registration record either through electronic matching or electronic exceptions resolution processing and is posted to DMV's insurance information database. A matched notice (hit or resolved no-hit exception) is a filing. Any notice returned to an insurance company or servicing agent as an edit error (EDI translator or application) or unresolved no-hit exception is not a filing.

(i) Filing report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual filings for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of reporting period; total number of days in reporting period; insurance company and servicing agent codes and names; statistical data; disposition information; and late filing and recycling data. The filing report shall serve as acknowledgment by the department that all notices identified as hits and resolved no-hit exceptions are filed with the department. Notices identified as edit errors and unresolved no-hit exceptions are not filed with the department.

(j) Hit. A notice submitted by an insurance company or serving agent that matches a department registration record using key data elements, is posted to DMV's insurance information database and is a filing. An ANSI X12 V3050 997 EDI transmission acknowledgment rather than an ANSI X12 V3050 811 EDI return transaction is provided to an insurance company or servicing agent by DMV.

(k) Insurance Company. A company or risk retention group (RRG) licensed by the New York State Department of Financial Services to write motor vehicle liability insurance in New York State, or a company or risk retention group (RRG) which is not authorized to write motor vehicle liability insurance in New York State, but which has filed with the commissioner a power of attorney and resolution in accordance with section 311 of the Vehicle and Traffic Law, a risk retention group statutorily authorized to issue an owner's policy of liability insurance pursuant to any of the following sections of the Vehicle and Traffic Law:

(i) subparagraph ii of paragraph b of subdivision four of section 311;

(ii) subparagraph ii of paragraph c of subdivision four of section 311; or

(iii) paragraph b of subdivision 1 of section 370.

(l) Insurance company code (ICC). A unique three-digit identification number assigned to an insurance company by the department for the purposes of articles 6 and 8 of the Vehicle and Traffic Law. Such assigned number must appear on an insurance ID card or insurance certificate required by Part 32 of this Title. The department shall withhold such insurance company code assignment to an insurer until such time as the insurer has fulfilled all requirements of this Part including fully demonstrating the ability to submit notices to the department in compliance with the technical filing specifications contained in this Part including DMV's MVLIR specifications. An insurance company code may also be withdrawn by DMV as provided for in this Part.

(m) Late filing. A notice that is not submitted to DMV in accordance with the time frame prescribed by the Vehicle and Traffic Law and this Part including DMV MVLIR specifications. Upon receipt of notice from the department that late filings exceed 10 percent of matched notices, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for such performance, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to reduce late filings in its submissions to the department.

(n) Late filing profile. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of reporting period; total number of days in reporting period; insurance company code and name; transmission date; number of transactions by type; number and percentage of transactions by type submitted late; and summary information.

(o) Magnetic tape. A magnetically encoded computer tape that is machine readable by the installed computer system utilized by the department and which conforms to the technical filing specifications including DMV's MVLIR implementation guide.

(p) Matched resubmission report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of report; total number of days in report; insurance company and servicing agent codes and names; resubmissions requested by DMV; resubmissions received by DMV; matched against resubmission table; unmatched against resubmission table; and tracking numbers expired.

(q) MVLIR. DMV's Motor Vehicle Liability Insurance Reporting Implementation Guide. The document that provides the department's adaptation of the national ALIR (automobile liability insurance reporting) standard which must be utilized by insurance companies and servicing agents for reporting notices to and receiving notices from DMV.

(r) No-hit exception. A temporary status for a notice submitted by an insurance company or servicing agent that did not directly match a department registration record using key data elements. A registration record match is then attempted through the department's electronic exceptions resolution process resulting in either a resolved no-hit exception (match) or an unresolved no-hit exception (no match).

(s) Notice. An EDI transaction formatted in accordance with requirements set forth in this Part and DMV's MVLIR implementation guide. An electronic transaction recorded on magnetically encoded computer tape in accordance with requirements set forth in this Part and DMV's MVLIR implementation guide for the initial loading requirement. In the case of a dealer or transporter registration such notice shall take the form of an original letter in accordance with requirements set forth in this Part.

(t) Receipt of filing. A notice posted to DMV's insurance information database shall constitute a receipt of filing and conclusive evidence of such filing.

(u) Resolved no-hit exception. A notice submitted by an insurance company or servicing agent that is resolved during the department's electronic exceptions resolution process. Such notice is matched to a department registration record, is posted to DMV's insurance information database and is a filing. DMV will return an ANSI X12 V3050 EDI transaction containing DMV registration data.

(v) Servicing agent. Any person or organization duly designated and authorized by an insurance company to prepare and transmit notices on behalf of such insurance company, receive return and verification transactions, resubmit corrected notices and obtain statistical reports on submitted and resubmitted notices. An insurance company shall provide the department with written authorization for any servicing agent that will report required notices and receive DMV return and verification transactions on behalf of said insurer. Authorization shall also be provided to the department by an insurance company for the servicing agent to obtain official DMV performance reports. Servicing agent authorization is not required for an insurer within an insurance company group to act as a servicing agent for all or some of the companies within the group. Responsibility for compliance with requirements under the Vehicle and Traffic Law and this Part including DMV MVLIR specifications resides with an insurance company.

(w) Submission date. The date that a notice is actually received by the department in any of the three forms prescribed by this Part: EDI transmission to DMV's value added network (VAN) mailbox, computer tape (initial loading only) and letter (dealer and transporter registrations only).

(x) Unresolved no-hit exception. A notice submitted by an insurance company or servicing agent that is unmatched after DMV's electronic exceptions resolution process. Such notice is not matched to a department registration record, is not posted to DMV's insurance information database and is not a filing. DMV will return registration data with an unresolved no-hit exception if the submitted VIN was found in DMV's VIN file. An insurance company or servicing agent shall resubmit a corrected notice to the department unless the original submission was excluded from being reported as set forth in sections 34.1(d), 34.7 or 34.12 of this Part. Upon receipt of notification from the department that unresolved no-hit exceptions exceed 10 percent of original (first time) notices submitted, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for such performance, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to reduce unresolved no-hit exceptions in its submissions to the department. Upon receipt of notification from the department of a notice that was unmatched due to its exclusion from reporting, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for such submission, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to prevent or reduce excluded notices from being submitted to the department. SPECIAL NOTICE ON UNRESOLVED NO-HIT EXCEPTIONS WITH A VIN HIT RETURNED BY DMV: An insurance company or servicing agent shall exercise due diligence when using DMV provided registration information returned with such unmatched notice, especially for a cancellation (XLC), since the information provided by DMV is for the current registrant. The current registrant may have acquired the vehicle either directly or indirectly from the policyholder. An insurance company or servicing agent shall not resubmit a notice using DMV provided information if the current registrant is not or was not a policyholder subject to said notice.

History

Amended New York State Register April 3, 2024/Volume XLVI, Issue 14, eff. 4/3/2024

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.3 Reporting motor vehicle liability insurance notices (transactions)

(a) An insurance company or servicing agent shall comply with the following requirements when reporting motor vehicle liability insurance notices:

(1) Initial load (LOD). A one time notification of motor vehicle liability insurance coverage in the form of a transfer of an insurance company's book of business for all insured vehicles registered in New York State. An additional notification is permitted to transfer an insurance company's book of business for composite rated vehicles registered in New York State. The effective date provided with an initial load transaction shall be the actual policy effective date reflective of the last policy level activity, e.g., issuance, reinstatement or renewal.

(2) New business (NBS). A notification or confirmation of motor vehicle liability insurance coverage. Notices shall be submitted for the following business events: policy issuance (every vehicle covered under the policy at the time of issuance); vehicle(s) added to an in force policy; replacement vehicle(s) added to an in force policy; vehicle(s) moved to another insurer within an insurance company group; renewal of a for hire policy (all for hire vehicles only); and confirmation of insurance in response to a DMV initiated mandatory verification (MVF) transaction.

Note: NBS notices shall be reprocessed (matching retried) by DMV as described in section 34.9(d) of this Part.

(3) Reinstatement (REI). A notification that motor liability insurance coverage has been reinstated or restored. A notification to rescind an erroneous cancellation (XLC) notice. The REI effective date is compared to the previously submitted XLC cancellation effective date to determine if there is any a lapse of coverage.

Note:A cancellation (except FH) shall be reported to DMV within 30 days of the cancellation effective date but only after any insurance company provided grace period for receipt of late payment has expired. It shall not be an insurance company's or servicing agent's practice to report cancellation notices without regard to any subsequent volume of reinstatement notices. In other words, cancellation notices reported one week shall not result in a high percentage of reinstatement notices reported the next week. Such practice is not permitted since it will result in multiple unnecessary letters to policyholder registrants. The number of reinstatement notices submitted shall represent a small percentage of the number of cancellation notices submitted.

(4) Cancellation (XLC). A notification that motor vehicle liability insurance coverage has been canceled, terminated or suspended, whether initiated by the insurance company or insured. Notices shall be submitted for the following business events: policy cancellation or non-renewal (every vehicle covered by the policy at the time of cancellation or non-renewal); vehicle dropped without replacement from an in force policy; liability insurance suspended on a vehicle that remains on an in force policy; and cancellation response to a DMV initiated negative verification (NVF) transaction.

(5) No insurance (NIS). A repudiation of motor vehicle liability insurance coverage in response to a DMV initiated mandatory verification (MVF) transaction. The insurance company is advising that the paper proof of insurance accepted by DMV is invalid and/or fraudulent. An insurance company or servicing agent shall exercise due diligence when submitting a no insurance (NIS) notice to DMV in response to a DMV initiated mandatory verification (MVF) traction. An insurance company or servicing agent shall not submit a NIS notice to DMV if the vehicle is insured by said insurance company.

(6) Resubmission of notices. An insurance company or servicing agent shall resubmit, using the same transaction code, a corrected LOD, NBS, REI, XLC or NIS notice for an unmatched notice (edit error or unresolved no-hit exception) returned by DMV, within the time frame specified by this Part, unless the original submission was excluded from being reported to DMV as set forth in sections 34.1(d), 34.7 and 34.12 of this Part.

(b) DMV shall initiate the following notices:

(1) Mandatory verification (MVF). A transaction sent to an insurance company or servicing agent by DMV due to the absence of electronic insurance information in DMV's insurance information database. A MVF transaction requires a confirmation of liability coverage (new business-NBS) or a repudiation of liability coverage (no insurance-NIS) response from an insurance company. A MVF transaction requires insurance company electronic verification of paper insurance information submitted to DMV as a result of: a registration transaction processed by DMV for a registrant; an inquiry letter or suspension/revocation order sent to a registrant; or an accident or traffic ticket issued to a registrant where insurance status is at issue.

(2) Negative verification (NVF). A transmission (annual or as otherwise permitted or required), using cartridge tape media, sent to an insurance company or servicing agent by DMV that provides a record of each registrant/vehicle in DMV's insurance information database that reflects that insurance company as the insurer of record. Such transmission is based on the proof of insurance previously provided electronically to DMV by an insurance company or servicing agent. NVF notices are not based on paper proof of insurance submitted to DMV by a registrant or an agent or broker on behalf of a registrant. A NVF transaction requires a cancellation (XLC) response from an insurance company or servicing agent only if the insurance company no longer insures a registrant/vehicle. An insurance company or servicing agent shall not submit any other type of notice to DMV in response to a NVF transaction. A NVF transmission represents electronic proof of insurance notices (LOD, NBS or REI) posted in the insurance information database at a given point in time. Accordingly, NVF notices will not reflect:

(i) any previously submitted cancellations returned unmatched as edit errors or unresolved no-hit exceptions; and

(ii) cancellations submitted by an insurance company or servicing agent after the effective date of the NVF transmission.

An insurance company or servicing agent shall not submit an additional cancellation notice in response to a DMV initiated NVF notice if a cancellation notice was submitted or resubmitted and matched (hit or resolved no-hit exception) to DMV's insurance information database.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.4 Reporting time frames

An insurance company or servicing agent shall transmit notices required by this Part to DMV in accordance with the time frames set forth below. Notices may be submitted on a daily basis.

(a) Effective date and cancellation effective date shall be the actual date that insurance became effective, was reinstated or was canceled. It shall not be the processing, issuance, mailing or any other date.

(b) Initial load (LOD)--no earlier than June 12, 2000 but no later than September 12, 2000, except for composite rated policies which shall be no later than February 28, 2001.

(c) Initial load (LOD) resubmission--no later than 90 days after the department transmits a return transaction as the result of an edit error or unresolved no-hit exception, with at least one third of any unmatched transactions resubmitted within 30 days and two thirds of any unmatched transactions resubmitted within 60 days; no later than seven days if the entire initial load tape is rejected due to non-compliance with specifications set forth in this Part including DMV's MVLIR implementation guide.

(d) New business (NBS)--no later than 14 days after the effective date for policies issued through January 1, 2001; no later than seven days after the effective date for policies issued on or after January 2, 2001. Such time frames shall apply all new business (NBS) notices required by section 34.3(a)(2) of this Part. Notices for for-hire vehicles may be reported up to 45 days prior to the effective date.

(e) New business (NBS) resubmission--no later than 21 days after the department's return transaction (edit error or unresolved no-hit exception) date.

(f) New business (NBS) response to mandatory verification (MVF)--no later than 14 days after the department's MVF transaction date.

(g) Reinstatement (REI)--no later than seven days after the reinstatement action.

(h) Reinstatement (REI) resubmission--no later than 14 days after the department's return transaction (edit error or unresolved no-hit exception) date.

(i) Cancellation (XLC)--no later than 30 days after the cancellation effective date but only after any applicable late payment grace period provided by an insurance company (except for hire); no less than 45 days prior to the cancellation effective date (for hire).

(j) Cancellation (XLC) resubmission--no later than 14 days after the NYS DMV return transaction (edit error or unresolved no-hit exception) date.

(k) Cancellation (XLC) response to negative verification (NVF)--no later than 30 days after the department's NVF transaction date.

(l) No insurance (NIS) response to mandatory verification (MVF)--no later than 14 days after the department's MVF transaction date.

(m) No insurance (NIS) resubmission--no later than 14 days after the department's return transaction (edit error or unresolved no-hit exception) date.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.5 Special procedures for initial loading

(a) Trading partner certification.

An insurance company or servicing agent shall first be certified by DMV that its notices are compliant with ANSI X12 V3050 811 and DMV MVLIR specifications and standards.

(b) Initial loading.

An insurance company or servicing agent shall submit LOD notices using the actual effective date, as defined in this Part, to the department for each vehicle registered in New York State that is insured under a NYS liability insurance policy as of the date that such notices are generated by an insurer. The initial load transmission shall be comprised solely of LOD notices and shall conform to the technical filing and other specifications as provided for in this Part including DMV's MVLIR implementation guide.

An insurance company shall initially load its NYS book of business, except as provided for herein, no earlier than June 12, 2000 and no later than September 12, 2000. An insurance company shall initially load its book of business for vehicles insured under a composite rated policy no later than February 28, 2001. Failure to successfully load its NYS book of business as required herein shall be a violation of this Part.

(d) Transaction format.

LOD transactions shall be formatted in accordance with this Part and DMV's MVLIR specifications.

(e) Media standard.

Initial loading by insurance companies.

(1) Preferred media-cartridges shall be IBM 3480 compatible with the following characteristics:

(i) IBM IDRC compression preferred;

(ii) EBCDIC encoded; and

(iii) non-internal or standard IBM internal labeled.

Alpha information must be upper case. The data set name must be IIES.INITIAL.LOAD. Cartridges are to be processed on an IBM ES9000 system using 3480 cartridge drives and shall be compatible with this equipment.

(2) Alternate Media (through September 12, 2000 only)-reels shall be IBM 3420 compatible with the following characteristics:

(i) 1/2 inch magnetic tape;

(ii) nine track;

(iii) 6250 BPI;

(iv) EBCDIC encoded; and

(v) non-internal or standard IBM internal labeled.

Alpha information must be upper case. The data set name must be IIES.INITIAL.LOAD. Reels are to be processed on an IBM ES9000 system using 3420 tape drives and shall be compatible with this equipment. The data set must be a fixed length file containing fixed length records at a minimum of 80 bytes per record. The file can contain up to a maximum of 32,760 fixed byte records. The data set can be unblocked or blocked up to a factor of 32,760. Each cartridge/tape will contain its own enveloping/interchange limited to 50,000 vehicles total. The cartridges/tapes must be prepared as if they were to be processed individually. Please note that the above scenario will apply to initial loads only. Future reporting will be sent as one enveloping/interchange. Effective September 13, 2000, 3420 reel tapes shall not be accepted for initial loading.

(f) External label.

The external label shall indicate: initial IIES load, insurance company name(s), servicing agent name (if applicable), IIES technical contact name and telephone number, tape identification number and the number of notices on the tape. The recording characteristics (logical record length and block size) are required for each cartridge or tape.

(g) Tape receipt.

A two-part receipt along with a self addressed return envelope must accompany each magnetic initial load cartridge or tape transmitted to the department by an insurance company or servicing agent. Such receipt must contain the following information:

(1) insurance company name(s) with corresponding NAIC codes;

(2) servicing agent, if applicable;

(3) tape identification number;

(4) number of notices on the tape;

(5) date sent;

(6) date received; and

(7) authorized DMV signature.

Items (1) through (5) must be completed by the insurance company or servicing agent. Items (6) and (7) are for DMV use. Part 1 of the receipt will be retained by DMV. Part 2, when duly endorsed and dated upon delivery and returned to the insurance company or servicing agent, shall constitute proof of receipt of cartridge or tape.

(h) Delivery.

The department shall receive insurance company initial load cartridges or tapes during official business hours (8:15 a.m. to 4:30 p.m., Monday through Friday, excluding State holidays) at the address in this subdivision. Such tape shall be sent to DMV in boxes or mailers suitable for this purpose.

New York State Department of Motor Vehicles

Division of Data Preparation and Control, QC

IIES Project

Six Empire State Plaza

Albany, NY 12228

(i) Input tape return.

DMV shall return insurance company initial load tapes after processing in a timely manner via U.S. Mail or parcel delivery service.

(j) NYS DMV output tape.

Output transactions shall be generated by DMV on tape in X12-811 format in accordance with this Part and DMV MVLIR specifications. DMV shall produce 3,480 cartridges or 3,420 reels that correspond to the media submitted by the insurance company or servicing agent. Reel tapes shall not be accepted by DMV after September 12, 2000. DMV owned output tapes shall be returned to DMV using the address in this section within 30 days of receipt by an insurance company or servicing agent.

(k) Initial load resubmissions.

An insurance company or servicing agent shall resubmit unmatched LOD notices (certain edit errors and unresolved no-hit exceptions) from a successful load using a DMV assigned tracking number, as required by this Part, via VAN to DMV's VAN mailbox using the proper account number and user ID. An insurance company or servicing agent shall resubmit an unsuccessful LOD submission (translator/997 edit error) using magnetic tape as prescribed in this Part. Resubmissions shall be transmitted to DMV in accordance with the time frames prescribed by this Part.

(l) Ongoing reporting of notices.

Following a successful loading of its book of business or any portion of its book of business, e.g., personal lines, an insurance company shall fully comply with ongoing reporting (NBS, REI and XLC notices) requirements in accordance with prescribed time frames, including responding to DMV initiated mandatory verification (MVF) transactions for its entire book of business, including any vehicles insured under a composite rated fleet policy. An insurance company shall begin reporting required ongoing notices (new business, reinstatement and cancellation) and responding to DMV initiated MVF notices, in accordance with this Part, starting no later than September 13, 2000.

(m) Insurance company only writing composite rated policies in NYS.

Such an insurance company shall initially load its current book of business no later than February 28, 2001. However, such insurance company shall pass trading partner certification to demonstrate compliance with the technical filing specifications, including DMV's MVLIR implementation guide no later than September 12, 2000. Such insurance company shall report required ongoing notices (new business, reinstatement and cancellation) to DMV in accordance with this Part and respond to DMV initiated mandatory verification transactions starting no later than September 13, 2000.

(n) Insurance company assigned a NYS insurance company code during or after the June 12, 2000 to September 12, 2000 initial loading period.

Such insurance company shall not submit LOD transactions to DMV. Rather, such insurance company shall report all other required transactions to DMV and respond to DMV initiated MVF transactions on an ongoing basis, within prescribed time frames, as required by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.6 Negative verification (nvf) notices (transactions) initiated by dmv

(a) Negative verification. DMV shall annually, or as otherwise required or permitted by law or deemed appropriate by the commissioner, send an insurance company a listing of all registrants/vehicles from DMV's insurance information database where a LOD, NBS or REI notice submitted by such insurance company or servicing agent shows that insurance company as the insurer of record.

(b) Data standard. NVF notices shall be generated by DMV using DMV MVLIR standards in compliance with the technical filing specifications of this Part.

(c) Major data elements included. NVF notices shall include insurance company NAIC code, registrant name and address, vehicle description including VIN, year and make, policy number and effective (batch processing) date.

(d) DMV output tape. Tape cartridges generated by or on behalf of DMV shall be IBM 3490E compatible with the following characteristics:

(1) IBM IDRC compression utilized;

(2) EBCDIC encoded; and

(3) standard IBM internal labeled. Alpha information shall be upper case.

A department owned output tape shall be returned to DMV by as insurance company or servicing agent within 30 days of the NVF effective (batch processing) date to the following address:

New York State Department of Motor Vehicles

Division of Data Preparation and Control

Quality Control Section

Six Empire State Plaza

Albany, NY 12228

(e) Insurance company responses. An insurance company shall submit a XLC notice to DMV's VAN mailbox no later than 30 days after the NVF effective (batch processing) date, using the actual policy cancellation effective date or vehicle deletion effective date only for a registrant/vehicle that it no longer insured. NVF transaction output tapes will not reflect cancellations submitted to DMV and posted to the insurance information database after the NVF effective (batch processing) date. Insurance companies shall not submit multiple cancellations for the same registrant/vehicle with the same effective date. Insurance companies shall not submit any other notices in response to a DMV initiated NVF transaction. Insurance companies shall not respond to NVF notices using cartridge or reel tape. Special NVF procedures for dealer/transporter registration classes are provided in section 34.10 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.7 System conversion

(a) Conversion background. It is necessary to provide for an orderly transition from the Financial Security Certification Program (FSCP), in operation prior to June 12, 2000, to the insurance information and enforcement system (IIES) which is set forth in this Part. Operating disparate electronic reporting programs in parallel is not viable. Accordingly, DMV shall not accept old format FSCP tapes after noon on May 19, 2000. All FSCP tapes received by DMV after this date and time shall be returned unprocessed to an insurance company or servicing agent. There will be a period between FSCP tape cut-off and initial loading where electronic transactions, including cancellations, cannot be submitted by an insurance company or servicing agent to DMV. IIES shall begin as a new system with individual insurance companies notifying DMV of those vehicles registered in NYS that are insured (reporting the NYS books of business) as of a designated point in time. After successful loading, cancellations and other required notices that occur on or after such point in time that the initial load tape is created shall be submitted to DMV on a day-forward-basis in accordance with the time frames prescribed by this Part. Since IIES begins with the reporting of insured policyholders and vehicles, cancellations that may have occurred during the period between the creation date of the last FSCP tape and the creation date of the successful IIES initial load tape shall not be reported to DMV. Submission of such cancellation notices are detrimental to the success and viability of IIES. Following the deadline for initial loading of composite rated fleet policies, an IIES conversion module (no insurance activity) shall begin identifying all registration records without insurance company provided electronic proof of insurance in DMV's insurance information database. Letters shall be sent to all such identified registrants. Required electronic proof of liability insurance coverage must be received by DMV within a prescribed period of time or administrative sanctions shall be taken against the registrant's NYS registration and NYS driver's license, as applicable.

Note: This subsection provides for an orderly transition from the FSCP to IIES for those insurance companies that are complying with or have complied with the requirements of the FSCP and are complying with or will comply with the requirements of IIES, including reporting time frames, as prescribed by this Part. Nothing herein shall relieve an insurance company not in compliance with this Part including DMV MVLIR specifications from any liability under NYS Law.

(b) Conversion provisions for for-hire (FH) reporting. DMV's for hire (FH) unit within the insurance services bureau shall accept paper insurance certificate-for hire passenger vehicle forms and termination notice- for hire passenger vehicle forms until an insurance company has successfully loaded during the June 12, 2000 to September 12, 2000 window. Immediately upon successful loading, DMV shall no longer accept and/or process FH forms from that insurance company. Paper FH forms shall not be accepted for insurance company reporting purposes after September 12, 2000. All FH forms submitted for reporting purposes not in compliance with this Part or Part 32 of this Title shall be returned unprocessed to an insurance company. An insurance company shall continue to issue FH insurance certificates and DMV shall continue to require FH insurance certificates from registrants as paper proof of insurance, subject to electronic verification.

(c) Conversion from manual (except for hire) and fleet (except for hire) reporting under the FSCP. DMV shall accept termination and rescission of termination notices in accordance with former FSCP specifications until an insurance company has successfully loaded during the June 12, 2000 to September 12, 2000 window. Immediately upon successful loading, DMV shall no longer accept and/or process FSCP paper notices from that insurance company. FSCP paper notices shall not be accepted for reporting purposes after September 12, 2000, with no exceptions. All FSCP notices received by DMV after the successful initial loading or September 13, 2000, whichever occurs earlier, shall be returned unprocessed to an insurance company.

(d) Initial loading. An insurance company shall load its NYS book of business, as soon as practicable, in accordance with this Part. No electronic NBS, REI, XLC or NIS notices shall be submitted by an insurance company or servicing agent or shall be accepted by DMV before an insurance company's successful initial loading, except as provided for in this Part. An initial loading tape shall only contain LOD notices.

(e) Reporting of notices after initial loading. Following successful initial loading, NBS, REI, XLC and NIS notices shall be reported in accordance with this Part. Notices shall not be submitted to DMV by an insurance company or servicing agent that represent events that may have occurred between the creation date of an insurance company's last FSCP tape and the creation date of an IIES initial load tape that is successfully processed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.8 Assignment, maintenance and withdrawal of nys insurance company code

(a) Background. DMV shall assign a three-digit numeric ICC to an insurance company duly licensed or registered by the New York State Department of Financial Services that has met all of the requirements set forth herein. The assigned ICC and the name of the insurance company shall appear on all NYS insurance ID cards and insurance certificates as prescribed by Part 32 of this Title. Such code assignment is conditional on an insurance company meeting all DMV requirements and continuing to fully comply with all applicable requirements set forth under the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR specifications.

(b) Requirements for Assignment of NYS ICC. An insurance company shall provide the IIES Compliance Unit in DMV's Insurance Services Bureau with the following: its NAIC code assigned by the National Association of Insurance Commissioners; a copy of its NYS license or registration authorizing it to write primary insurance coverage in New York State issued by the New York State Department of Financial Services; the name and title, address, telephone number, e-mail address and fax number of the individual officially designated as the DMV administrative contact person for this Part and Part 32 of this Title; the name and title, address, telephone number, e-mail address and fax number of the individual officially designated as the DMV technical contact person for this Part and Part 32 of this Title; if applicable, authorization as defined in section 34.2(v) of this Part, for a servicing agent to report notices on behalf of an insurance company or insurance companies. Such authorization is not required for an insurer within an insurance company group to act as a servicing agent for all or some of the companies within the group. In addition, an insurance company or its servicing agent shall: pass DMV trading partner certification to demonstrate its ability to submit, resubmit and receive EDI transactions in compliance with this Part and DMV's MVLIR specifications; demonstrate its ability to submit notices to DMV for policies issued directly by the insurance company or indirectly through agents or brokers within the time frames prescribed by this Part; and pass DMV Part 32 certification testing, as applicable, to fully demonstrate its ability to produce insurance ID cards in compliance with Part 32 of this Title.

(c) Requirements for maintenance of a DMV assigned NYS ICC. An insurance company shall: notify DMV in writing (mail, fax or e-mail) within seven days of any changes to information required by subdivision (b) of this section. Any change to insurance company name shall be accompanied by a copy of its NYS license to write primary insurance coverage in New York State issued by the New York State Insurance Department that reflects the name change; fully comply with and continue to fully comply with all applicable requirements under articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR specifications; and fully comply with and continue to fully comply with any and all changes required by articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title, including DMV MVLIR specifications, within the time frames provided for such changes.

(d) Acquisition and consolidation. Insurance companies involved in acquisition and consolidation actions shall continue to submit notices to DMV as required by this Part in the manner and within the time frames prescribed by this Part. No provision shall be made by DMV to waive, suspend or modify any requirements prescribed herein.

(e) Liquidation. An insurance company that is being liquidated under the direction of the New York State Insurance Department (NYSID) shall submit notices to DMV as required by this Part in the manner and within the time frames prescribed by this Part. Compliance with this Part requires the reporting of notices by the insurance company being liquidated, a designated servicing agent or NYSID acting as a servicing agent. No provision shall be made to waive, suspend or modify any requirements prescribed herein.

(f) Notices required for acquisition, consolidation and liquidation. All involved parties shall provide specific relevant information required by the department to DMV in a timely manner. Timely manner is defined as within such time frame that will not result in negative impacts in the form of DMV administrative sanctions against policyholder registrants. The department shall determine on a case-by-case basis whether both electronic XLC and NBS notices or only electronic NBS notices are required to be submitted to DMV.

(g) Withdrawal of DMV assigned NYS ICC. DMV shall protect NYS registrants from unwarranted registration suspensions, registration revocations and driver's license suspensions, as applicable, due to an insurance company's non-compliance with this Part. DMV shall withdraw a NYS ICC assigned to an insurance company for non-compliance with applicable provisions of articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR specifications for reasons including but not limited to the following: failure to report notices to DMV in accordance with requirements set forth in articles 6 and 8 of the Vehicle and Traffic Law and this Part, including DMV MVLIR specifications; failure to successfully initially load during the June 12, 2000 to September 12, 2000 window; failure to successfully initially load composite rated vehicles by February 28, 2001; failure to respond to DMV initiated mandatory verification (MVF) transactions; failure to report and/or properly report ongoing notices and/or resubmit and/or properly resubmit corrected notices in accordance with requirements set forth in articles 6 and 8 of the Vehicle and Traffic Law and this Part including DMV MVLIR specifications; failure to cooperate with the commissioner in establishing a plan or remediation plan to comply with applicable provisions of the Vehicle and Traffic Law and the requirements set forth in this Part and Part 32 of this Title, including DMV MVLIR specifications; failure to establish a telecommunications link with a value added network (VAN) and provide VAN mailbox information to DMV; or failure to issue NYS insurance identification cards, including FH insurance certificates, in full compliance with requirements set forth in Part 32 of this Title.

(h) Questions concerning this section should be directed to:

New York State Department of Motor Vehicles

Insurance Information and Enforcement System

Insurance Services Bureau

Attention: IIES Compliance Unit

Six Empire State Plaza

Albany, NY 12228

E-mail: iies@dmv.state.ny.us

Fax: (518) 473-4347

History

Amended New York State Register April 3, 2024/Volume XLVI, Issue 14, eff. 4/3/2024

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.9 Technical filing specifications

(a) Introduction. An insurance company or servicing agent shall submit notices required by this Part using commercial translator/mapping software in full accordance with the most current version of DMV's Motor Vehicle Liability Insurance Reporting (MVLIR) Implementation Guide, this Part and Part 32 of this Title and articles 6 and 8 of the Vehicle and Traffic Law. DMV's MVLIR is based on version 3050 of the national ANSI ASC X12 811 transaction set. The department reserves the right to upgrade the version used for reporting motor vehicle liability insurance notices to version 4010 or higher upon giving 180 days notice to insurers and servicing agents.

(b) Form of notices (reporting media). Except as otherwise provided for in this Part, notices submitted by an insurance company or servicing agent shall be in the EDI format prescribed by technical filing specifications of this Part and DMV's MVLIR implementation guide and must be received by DMV's mailbox on its selected value added network (VAN).

(c) Data compatibility. The insurance industry (insurance companies, insurance agents and insurance brokers) and the New York State automobile insurance plan (NYAIP) shall employ administrative and operational procedures and computer processing, verification and database systems that properly capture, store, validate required data and transmit notices to DMV that contain required policy data that is compatible with the department's registration data. The insurance industry shall:

(1) use/verify paper and electronic source documents, including registrations, driver's licenses, title certificates, manufacturer's certificates of origin and so forth to obtain compatible registrant and vehicle information;

(2) obtain name and vehicle information from registrations already in existence at the time of policy inception or amendment;

(3) follow insurance ID card issuance procedures set forth in Part 32 of this Title; and

(4) utilize commercial VIN validation software that validates the complete VIN.

Electronic and manual proof of insurance notices submitted to DMV by an insurance company or servicing agent in the form of LOD, NBS and REI notices, required by this Part, must match DMV registration records.

(d) Processing. Upon receipt, notices will be processed through DMV's EDI translator and application programs for the purpose of verification of EDI and DMV MVLIR format and reporting requirements by identifying missing or invalid data as well as notices submitted for excluded registration classifications. Edit errors will result in the exclusion of notices from DMV's matching application. Transactions passing EDI and application editing will be included in DMV's daily electronic matching and electronic exceptions resolution processes. Resolved no-hit exceptions, unresolved no-hit exceptions and application edit errors will be acknowledged via an EDI 811 return transaction. Hits will not be acknowledged via an EDI 811 return transaction but will be included on official DMV statistical reports and posted to DMV's insurance information database along with resolved no-hit exceptions. Translator edit errors will be returned via an EDI 997 error. A NBS notice shall be reprocessed (matching retried) on a daily basis by DMV for a period not to exceed 45 days after such notice's effective date. A NBS notice resulting in a resolved no-hit exception during this period will be returned to an insurance company or servicing agent the next business day. A NBS notice unmatched after expiration of the reprocessing period will be returned to an insurance company or servicing agent as an unresolved no-hit exception the next business day. This facility is provided by DMV in recognition that a NBS notice may be submitted before a computerized registration record has been created as a result of a vehicle's registration. Reprocessing avoids continual return and resubmission of unmatched NBS notices during the period that a registrant may legally operate a vehicle using a paper 45 day temporary registration issued by a licensed NYS motor vehicle dealer.

(e) Performance reports. DMV shall produce official performance reports that detail and measure an insurance company's performance in key measurement areas. An insurance company or servicing agent shall obtain official DMV weekly and periodic performance reports from a designated IIES web site using access security measures established by DMV during that period of time when reports are published on such site. Official DMV performance reports include the following: DMV initiated verification transaction report, edit error report, filing report, late filing profile and matched resubmission report. Additional descriptive information on each official DMV performance report is provided in section 34.2 of this Part.

(f) Definitions of key data elements.

(1) An insurance company or servicing agent shall submit data in full compliance with the definitions and specifications contained in this Part including DMV's MVLIR implementation guide.

(2) Additional insured name. Please see insured name. All additional insured names (both individuals and organizations) who are registrants shall be submitted. Note: DMV's MVLIR implementation guide details additional insured name as optional because all polices do not have additional insured names.

(3) Additional insured date of birth (DOB). The actual date of birth of an individual additional named insured. The date element shall be in YYMMDD format and contain valid numeric characters. The century element shall contain valid numeric characters that represent a valid century of birth for a living individual. Date and century shall not be alpha, alpha/numeric or incomplete. No default values shall be submitted.

(4) Additional insured gender. The gender (sex) of an individual additional named insured. Gender shall be submitted as F for female, M for male and U for unknown. U shall be submitted only if the gender is actually unknown and shall not be used as a default for expediency. No characters other than F, M or U shall be used.

(5) Cancellation effective date. The actual date that insurance coverage was canceled or terminated (except for hire) or will be canceled or terminated (for hire) for all vehicles on a policy or a vehicle deleted from a policy without replacement. Liability insurance coverage ends at 12:01a.m. on the effective date of cancellation. For example, if an insurance company notifies DMV of a cancellation with an effective date of November 15, 2000, our processing will reflect that the cancellation took effect at 12:01a.m. on November 15, 2000. Therefore, there is no insurance coverage provided on November 15, 2000 or thereafter. Cancellation effective date shall not represent an administrative, mailing, processing or other date prior to or subsequent to the actual effective date of the cancellation. Cancellation effective date shall correspond to the termination effective date in a termination notice provided directly to the policyholder by an insurance company. Cancellation effective date may be the termination date requested in writing by the policyholder or the effective date of a superseding liability insurance policy obtained by the policyholder. The date element shall be in YYMMDD format, contain valid numeric characters, represent a valid date for the transaction and be complete without any modification. The century element shall contain valid numeric characters, represent a valid century for the transaction and be complete without modification. Date and century shall not be alpha, alpha/numeric or incomplete. No default values shall be submitted.

(6) Century of vehicle. The century assigned to a specific vehicle by the manufacturer, remanufacturer, DMV or other government entity. Century of vehicle shall represent a valid century of manufacture for the vehicle and shall be complete without any modification. Century shall not be alpha, alpha/numeric or incomplete.

(7) Effective date. The actual date that liability insurance coverage became effective (or will become effective- for hire) for a policy, a vehicle added to a policy or other activity defined in this Part. Effective date is comprised of separate date and century elements. Effective date shall not represent an administrative, mailing, processing or other date prior to or subsequent to the actual effective date. If a registrant is obtaining superseding coverage in a timely manner, the effective date of the new coverage shall coincide with the cancellation effective date of the old coverage to preclude a lapse in coverage. Effective date shall be the date from DMV's mandatory verification (MVF) when an insurance company is responding to DMV with a no insurance (NIS) transaction. The effective date in a DMV initiated mandatory verification (MVF) transaction shall represent the coverage effective date from paper proof of insurance, e.g., insurance ID card, the date of registration, or the date of accident or traffic ticket. The effective date in a DMV initiated negative verification (NVF) transaction shall be the batch processing date. The date element shall be in YYMMDD format, contain valid numeric characters, represent a valid date for the transaction and be complete without modification. The century element shall contain valid numeric characters, represent a valid century for the transaction and be complete without modification. Date and century shall not be alpha, alpha/numeric or incomplete. No default values shall be submitted.

(8) Federal employer identification number (FEIN). The unique number assigned to a specific organizational entity by the Internal Revenue Service. Federal employer identification number may default to zeros when an organization does not have a FEIN.

(9) Identification code. The unique number assigned to an insurance company by the National Association of Insurance Commissioners (NAIC). An insurance company shall report notices using its own NAIC number. An insurance company group writing policies under multiple company names shall not report notices using a single NAIC code. A single insurer within an insurance company group may be the sender or servicing agent for all or a portion of the companies within the insurance company group.

(10) Insured date of birth (DOB). The actual date of birth of the individual named insured. The date element shall be in YYMMDD format and contain valid numeric characters. The century element shall contain numeric characters that represent a valid century for a living individual. Date and century shall not be alpha, alpha/numeric or incomplete. No default values shall be submitted.

(11) Insured gender. The actual gender (sex) of an individual named insured. Gender shall be submitted as F for female, M for male and U for unknown. U shall be submitted only if the gender is actually unknown and shall not used as a default for expediency.

(12) Insured name/additional insured name. All individual and organizational names listed on insurance ID cards and insurance certificates issued by or on behalf of an insurance company, either directly, through agents, or through brokers in conjunction with the New York automobile insurance plan (NYAIP) AND/OR all registrant names (and vehicles) listed on NYS vehicle registration documents and corresponding DMV computer registration records insured under a motor vehicle liability insurance policy. Up to nine individual and/or organization names may be submitted with a policy notice. Excluded names: vehicle owners (title holders), lessors, lessees, lien holders, loss payees, drivers and others who are not registrants. Insured name/additional insured name shall correspond to and coincide with registrant name. Insured name/additional insured name shall not contain any periods, apostrophes or other special characters. A hyphen may be used for a hyphenated last name (surname) for an individual, e.g., SMITH-JONES and within an organization name, e.g., ON-CALL DELIVERY INC. An ampersand and numeric characters may be used within organization names. DMV will not register a vehicle without proper documentation of registrant name. Proof of identity is required for an individual. Legal documentation, such as incorporation papers or a DBA filing with a county clerk is required for an organization. Accordingly, a liability insurance policy and insurance ID cards or insurance certificates shall not be issued in a name or names not legally supported for registration.

(i) Individual or co-registrants (two individuals). Registration name shall be submitted, in the name element order of last name (surname), first name (given name) and middle name (or initial). If the individual is not yet a registrant, the name must be acceptable for registration. Names shall not begin with first name or middle names. Individual names including two individual names (co-registrants) shall not contain the words/symbols AND, &, AND/OR, &/OR and so forth. Prefixes and suffixes shall not be included within name except as noted herein. Hyphenated names shall be submitted completely with the name component before the hyphen listed first. Acceptable individual name examples:

JONES JOHN JAY

SMITH-JONES SANDRA S

Unacceptable individual name examples:

JOHN JAY JONES

JONES JR JOHN J

JR JONES JOHN J

JONES SANDRA SMITH

JOHN AND SANDRA JONES

JONES JOHN & SANDRA

ESTATE OF JOHN JONES

Note:ESTATE OF JOHN JONES is also unacceptable as an organization name. A registration generally remains in the name of the deceased, is transferred to a surviving spouse, or the vehicle is registered in the name of the executor, executrix, administrator, etc. of the estate. Otherwise, ownership is transferred to a new owner who generally becomes the registrant. The greatest percentage of matched notices will result from submitting the name of the deceased.

(ii) Organization. Registration name shall be submitted. If the organization is not yet a registrant, the name used must be acceptable for registration, e.g., supported by a certificate of incorporation, DBA filing with a county clerk, etc. Organization names include corporations, professional corporations, partnerships, limited liability partnerships, corporate DBAs, individual DBAs and so forth. Acceptable organization name examples:

FORT ORANGE POWER CORP (corporation)

HARVEY JONES TRUCKING (corporation)

MOHAWK VALLEY DENTAL CARE PC (professional corporation)

SANDERSON CONSULTING LLP (limited liability partnership)

GIMMEE PIZZA (corporate DBA)

JOHN JONES DBA JONES REMODELING

Note:The above example represents DMV's individual DBA name editing that became effective on 01/03/2000. DMV did not allow registration in the name of an individual DBA until February of 1997. An individual DBA was registered with the last name entered first during calendar years 1997, 1998 and 1999. Insured names submitted for the same policy can include JONES JOHN (individual) and JOHN JONES DBA JONES REMODELING (organization). In many cases a vehicle is actually registered in an individual name, not an individual DBA (organization) name.

Unacceptable organization name examples:

JONES HARVEY TRUCKING (corporation with name reversed)

CAPITAL DISTRICT RESTAURANT GROUP DBA GIMME PIZZA (corporate and DBA names included)

(13) Insurer name. The legal name of an individual insurance company.

(14) Issuer license number. The unique license number assigned to an agent, broker, insurance company or the New York automobile insurance plan (NYAIP) by the NYS Insurance Department. The number, if available, will be contained in a DMV initiated mandatory verification (MVF) notice to identify the licensee that issued an insurance ID card.

(15) NYS driver's license number. The unique nine character numeric number assigned to a specific NYS licensed driver who is the named insured or additional named insured. A partial or modified number shall not be submitted. A former NYS 19 or 22 character alpha/numeric motorist identification number (MI) shall not be submitted. The NYS driver's license number may default to zeros only if the named insured does not have a NYS driver's license number. Default values or fictitious license numbers shall not be used by as insurance company for expedience.

(16) DMV tracking number. The unique number assigned to unresolved no-hit exception and certain edit error transactions returned by DMV and to DMV initiated mandatory verification (MVF) transactions. The specific tracking number shall be returned to DMV with the corresponding resubmission or MVF response (NBS or NIS). If there are two outstanding tracking numbers for the same insured/registrant name and vehicle, the tracking number associated with the most recent DMV notice shall be used. An insurance company or servicing agent shall not submit multiple notices and tracking numbers for the same insured/vehicle unless a submission, resubmission or response was returned unmatched.

(17) Make of vehicle. The NICB, DMV, insurance company or other proprietary code used to designate or represent the make of the vehicle. Make of vehicle shall not contain fictitious or default values such as UNKN, N/A, OTHER, or AAAAA.

(18) Prefix. The general rule is that name prefixes such as DR or MR shall not be submitted within the name data element. Rather, any prefixes shall be submitted as a separate data element in accordance with DMV MVLIR specifications. EXCEPTION: In some cases, certain prefixes such as SISTER may have been included as part of the name on a NYS registration document and electronic record. In these instances the SISTER prefix shall be required to be submitted as part of the name data element to achieve a match (hit or resolved no-hit exception) if the registrant does not have a NYS driver's license.

(19) Suffix. Name suffixes such a JR, SR, etc. shall not be submitted within the name data element. Rather, any suffixes shall be submitted as a separate data element within the MVLIR specifications.

(20) Termination effective date. See cancellation effective date.

(21) Vehicle identification number. The unique alpha/numeric identifier assigned to a specific vehicle by the manufacturer, remanufacturer, DMV or government entity in another jurisdiction. A VIN submitted by an insurance company or servicing agent shall:

(i) be complete without any modification;

(ii) contain the actual number of characters corresponding to the standard employed by the vehicle manufacturer for the year designated by such manufacturer, except for a VIN assigned by a government entity; and

(iii) conform with applicable Federal government standards imposed on manufacturers unless a particular manufacturer did not conform with such standards in a timely manner and/or was otherwise afforded a waiver from such compliance.

A VIN submitted by an insurance company or servicing agent shall not be: partial, all alpha, primarily all alpha, right or left filed with zeros or other repeated characters, all one number, consecutive numbers, consecutive characters, alternating numbers, alternating characters, comprised of words or abbreviations including but not limited to: UNKNOWN, UNK, N/A, TO FOLLOW, TO BE DETERMINED, SEE POLICY, REQUESTED, NOT VALID, VEHICLES VARIOUS, HIRED AUTO, FLEET POLICY and NON-OWNED VEHICLE. A VIN assigned by DMV beginning with the alpha characters NY shall not be modified for reporting under this Part or for issuance of insurance ID cards in accordance with Part 32 of this Title.

(22) Vehicle's NYS license plate number. The actual alpha/numeric plate configuration assigned to a specific registrant/vehicle or dealer/transporter registration (section 34.11 of this Part) by DMV.

(23) VIN. Please see vehicle identification number.

(24) Year of vehicle. The model year assigned to a specific vehicle by the manufacturer, remanufacturer, DMV or other government entity. Year of vehicle shall represent a valid model year and shall be complete without any modification. Year of vehicle shall not be alpha, alpha/numeric or partial. No default values shall be submitted.

(g) Technical questions concerning these specifications including DMV's MVLIR implementation guide should be directed to:

NYS Department of Motor Vehicles

Insurance Information and Enforcement System

Insurance Services Bureau

Attention: IIES Compliance Unit

Six Empire State Plaza

Albany, NY 12228

E-mail: iies@dmv.state.ny.us

Fax: (518) 473-4347

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.11 Warning on notice or acknowledgment of termination to insured

(a) The notice or acknowledgment of termination sent to an insured by an insurance company upon termination or non-renewal by an insurance company of an insured other than a termination or non-renewal of insurance for a motorcycle, pursuant to section 313 of the Vehicle and Traffic Law shall contain the following warning notice in no smaller than 12-point type face:

"Proof of financial security is required to be maintained continuously throughout the registration period. If you do not keep your insurance in force during the entire registration period, your registration will be subject to suspension. If your vehicle is still uninsured after 90 days, your driver license will be suspended. To avoid these penalties you must surrender your registration certificate and plates before your insurance expires. By law your insurance carrier is required to report specific termination information to the Commissioner of Motor Vehicles."

(b) In addition to the above warning, the following information, as set forth in either paragraph below, must also accompany each such notice or acknowledgment of termination. Such information shall be in 12-point type face.

"If you have a lapse in insurance coverage of 90 days or less, the law permits you to avoid a suspension of your registration by the payment of a civil penalty for each day or any portion thereof up to 90 days for which your insurance was not in effect. This civil penalty option applies only once during any 36-month period.

The civil penalties are:

-1 to 30 day lapse -$8 per each day of lapse

-31 to 60 day lapse -$240 plus $10 per day for days 31 to 60

-61 to 90 day lapse - $540 plus $12 per day for days 61 to 90."

Note: The language required in this subdivision must be exactly replicated on each notice. An insurer may, however, vary the format (such as spacing between lines) in order to fit all of the information on the notice.

(c) Such warning and information shall be required to be sent to an insured whenever coverage on a vehicle is terminated in any manner, except when the insured has submitted to the insurance company a notice of surrender of registration issued by the department, or when the termination of coverage merely involves simultaneous coverage from one vehicle to a replacement vehicle.

(d) Motorcycles. When the notice or acknowledgment of termination is for a motorcycle, the warning specified in subdivision (a) of this section may be contained on the notice or acknowledgment of termination and in addition to or in place of that warning the following warning shall also accompany each such notice or acknowledgment or termination. Such information shall be in no smaller than 12-point type face.

"Proof of financial security is required to be maintained continuously throughout the registration period. Liability insurance must be maintained on all registered vehicles. However, you are not required to surrender your registration plates to the Department of Motor Vehicles when your liability insurance terminates. If you operate your vehicle on the public highways without liability insurance, you will be subject to having your driver's license and registration revoked for a period of one year, a fine imposed by a court and payment of a civil penalty of $750."

The warning notice and information required by subdivisions (a), (b), (d) and (e) of this section shall also be required on any notice of intent to cancel or notice of cancellation sent to an insured by a premium finance agency pursuant to section 576 of the Banking Law.

(e) For hire (FH) vehicle. When the notice or acknowledgment of termination sent to an insured by an insurance company upon termination or non-renewal by an insurance company is for a for hire (FH) vehicle insured under section 370 of the Vehicle and Traffic Law, such notice shall contain the following warning notice in no smaller than 12-point type face:

"Proof of financial security is required to be maintained throughout the registration period. If you do not keep your insurance in force continuously during the registration period your registration will be revoked. To avoid this penalty you must surrender your registration certificate and plates before your insurance expires. By law your insurance carrier is required to report specific termination information to the Commissioner of Motor Vehicles."

Reason(s) for termination:

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.12 Exclusions

The provisions of this Part shall not apply to proof of financial security that has been provided to the commissioner under articles 6 and 8 of the Vehicle and Traffic Law by means other than an insurance policy, such as, financial security deposits made under section 314 of the Vehicle and Traffic Law and self-insurers authorized under section 316 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.13 Applicability

These requirements set forth in this Part shall apply to motor vehicle liability insurance notices (transactions) required by articles 6 and 8 of the Vehicle and Traffic Law and this Part including DMV MVLIR specifications as follows:

(a) Compliant initial loading, except for composite rated policies, required no earlier than June 12, 2000 and no later than September 12, 2000 and initial loading occurring on or after September 13, 2000.

(b) Reporting of all required ongoing notices, including those for composite rated policies, in accordance with the time frames prescribed herein, required after full or partial initial loading, as applicable, between June 12, 2000 and September 12, 2000 except as otherwise specified herein.

(c) Compliant initial loading for composite rated fleet policies required no later than February 28, 2001 or for initial loading for composite rated policies occurring on or after March 1, 2001.

(d) Nothing herein shall relieve an insurance company of any ongoing reporting requirement (including for composite rated policies) if full or partial initial loading did not occur between June 12, 2000 and September 12, 2000.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.14 Enforcement

Pursuant to section 317 of the Insurance Law, an insurance company that fails to comply with any of the provisions of articles 6 and 8 of the Vehicle and Traffic Law and/or the regulations promulgated by the Commissioner of Motor Vehicles pursuant to this Part or Part 32 of this Title, shall be subject to the fines set forth in section 317 of the Insurance Law.

Part 35 ENFORCEMENT OF MOTOR VEHICLE LIABILITY INSURANCE LAWS

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.1 Introduction

Articles 6, 7 and 8 of the Vehicle and Traffic Law require that motorists be able to respond to damages arising out of the ownership, maintenance or use of a motor vehicle; and provide for the reporting of motor vehicle liability insurance information, the monitoring of the status of required insurance coverage and the imposition of penalties for having an uninsured vehicle and operating an uninsured vehicle. This Part describes the general rules governing DMV's issuance of a registrant inquiry letter, suspension and revocation order, compliance with and rescission of a suspension and revocation order, restoration, payment of a civil penalty, acceptable proof of compliance, and other related matters.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.2 Definitions

(a) Commissioner.

The Commissioner of the New York State Department of Motor Vehicles.

(b) Continuous insurance coverage.

Insurance coverage that is maintained without interruption during the registration period as required by law. Such continuous coverage shall be with one insurance company or multiple insurance companies. If there are multiple companies, the effective date of the superseding coverage shall coincide with the cancellation effective date of the prior coverage so that there is no lapse in coverage.

The New York State Department of Motor Vehicles.

(d) Driver's license.

A New York State driver's license or a New York State learner's permit.

(e) Insurance coverage.

That portion of a motor vehicle liability insurance policy required by section 311.4 and section 370 of the New York State Vehicle and Traffic Law.

(f) Insurance identification (ID) card.

Proof of insurance, including an insurance certificate, issued in accordance with Part 32 of this Title.

(g) Lapse of insurance coverage.

An interval of time or gap between the cancellation effective date of insurance coverage and the effective date of:

(1) acceptable proof of superseding or reinstated insurance coverage as defined in this Part;

(2) acceptable proof other than insurance as defined in this Part;

(3) surrender of registration; or

(4) expiration of registration.

(h) Proof of insurance.

Acceptable proof of insurance may be in electronic or documentary form. Acceptable electronic proof of insurance shall mean an insurance notice submitted by an insurance company and received in DMV's value added network (VAN) mailbox that is matched to a registration record and posted to DMV's insurance information database. Acceptable documentary proof of insurance shall mean a document or documents (originals or copies, including facsimile or electronic copies) issued by an insurance company or other entity received, and deemed a sufficiently detailed, accurate and reliable proof of insurance by a DMV issuing office or the Insurance Services Bureau in the department's central office.

(i) Reinstated insurance coverage.

Replacement insurance coverage provided by the same company that cancelled such insurance.

(j) Rescission of suspension or revocation.

A cancellation of a suspension or revocation order as of the effective date of the suspension or revocation order. A rescission of suspension or revocation shall not excuse any penalties incurred for operation of the affected vehicle or any other vehicle while such order is in effect.

(k) Revocation of registration and/or driver's license.

The permanent cancellation of registration and/or driver's license or driving privilege for a definite period of time. Application for an original registration and/or driver's license or driving privilege may be made upon the fulfillment of specified conditions. Registration revocation orders shall be mailed to the address on DMV's electronic registration file. Driver's license revocation orders shall be mailed to the address on DMV's electronic license file.

(l) Suspension of registration and/or driver's license.

The temporary withholding of a registration and/or driver's license or driving privilege for a definite or indefinite period of time. Suspended items may be returned upon the fulfillment of specified conditions. Registrant inquiry letters and registration suspension orders shall be mailed to the address on DMV's electronic registration file. Driver's license suspension orders shall be mailed to the address on DMV's electronic license file.

(m) Termination of suspension or revocation.

A suspension or revocation shall be terminated upon the fulfillment of the requirements set forth in a suspension or revocation order. A termination of suspension or revocation notice shall not be sent to a registrant or licensee when all requirements to terminate such suspension or revocation including serving the suspension or revocation period are met. A termination notice shall be sent to a registrant or operator (driver) when the requirements for terminating a revocation issued for an uninsured accident are met.

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.3 Insurance Information and Enforcement System (IIES)

(a) Certain registration classifications are excluded from the Insurance Information and Enforcement System (IIES) by section 34.1(d) of this Title. Exclusion from IIES shall not excuse either the requirement that insurance coverage be continuously maintained during the registration period or any penalties assessed by the department if evidence is received of a vehicle being operated while uninsured.

(b) DMV shall accept insurance company notices as defined in Part 34 of this Title and post such matched notices to DMV's insurance information database but shall not take any actions based on such posted notices for the following classifications:

(1) vehicles registered in the International Registration Plan (IRP) class;

(2) vehicles registered with a DOT permit in lieu of an insurance ID card issued in accordance with Part 32 of this Title; or

(3) vehicles electronically renewed through DMV's automated Permanent Fleet Registration (PFR) registration renewal program.

(c) DMV shall not accept, match and post insurance company notices and will not take any actions based on the submission of such notices for certain classifications. Notices will be returned to insurance companies as Edit Errors or Unresolved No-Hit Exceptions as defined by section 34.2 of this Title for the following classifications:

(1) motorcycles including limited use motorcycles;

(2) all terrain vehicles;

(3) snowmobiles;

(4) vessels (boats);

(5) trailers registered in classes House Trailer (HOU), Light Trailer (LTR) and Trailer (TRL);

Note:

Registration class Semi Trailer (SEM) is not excluded.

(6) implements of husbandry (unregistered farm equipment);

(7) government vehicles registered in the State (STA) and Political Subdivision (PSD) registration classes other than volunteer fire company or volunteer ambulance company vehicles registered in the name of the volunteer organization;

(8) government vehicles registered in other registration classes with a special government vehicle code in lieu of an insurance ID card issued in accordance with Part 32 of this Title;

(9) government vehicles with diplomatic plates; and

(10) vehicles not registered in New York State.

(d) Registrant inquiry letter.

The department shall send an inquiry letter to a registrant in the following instances:

(1) Upon receipt of an electronic notice of insurance cancellation from an insurance company if there is no:

(i) submission of electronic notice of proof of insurance by an insurance company;

(ii) surrender of registration and license plate(s); or

(iii) expiration of registration without renewal.

(2) Absent receipt of acceptable proof in response to an initial registrant inquiry in accordance with the department's administrative procedures.

(3) Absent receipt of electronic notice of proof of insurance from an insurance company assigned by the New York Automobile Insurance Plan (NYAIP).

(4) Absent an electronic insurance company response to a DMV initiated mandatory verification (MVF) notice as defined by section 34.3(b)(1) of this Title.

(5) Absent receipt of electronic notice of proof of insurance from any insurance company prior to commencement of the IIES No Insurance Activity module, which is the final component of conversion from the Financial Security Certification Program (FSCP) to IIES.

(6) As otherwise deemed necessary by the department.

(e) Suspension (definite). The department shall suspend the registration and driver's license or driving privilege, as applicable, in accordance with section 318 (1) and (1-a) of the Vehicle and Traffic Law for a period of time equal to the number of days that a vehicle was registered and uninsured except as provided for herein.

(f) Suspension (indefinite). The department shall suspend the registration and driver's license or driving privilege, as applicable, for an indefinite period of time, in accordance with section 318 of the Vehicle and Traffic Law absent:

(1) receipt of an electronic notice of proof of insurance submitted by an insurance company;

(2) receipt of acceptable proof of insurance as defined in section 35.10 of this Part subject to electronic verification;

(3) receipt of acceptable proof other than insurance as defined in section 35.11 of this Part subject to verification;

(4) surrender of the registration and license plate(s); or

(5) expiration of the registration without renewal.

(g) Suspension (indefinite to definite).

An indefinite suspension shall be converted to a definite suspension when a subsequent event defines a period of lapse of coverage. DMV shall issue a definite registration suspension order and definite license suspension order, if applicable. Subsequent events that determine a lapse in coverage include:

(1) receipt of an electronic notice of proof of insurance from an insurance company;

(2) receipt of acceptable proof of insurance as defined in section 35.10 of this Part subject to electronic verification;

(3) receipt of acceptable proof other than insurance as defined in section 35.11 of this Part subject to verification;

(4) expiration of the registration without renewal; or

(5) surrender of the registration and license plate(s).

(h) Waiver of suspension.

The commissioner may withhold a suspension based on a lapse of required insurance coverage if the period of time during which the motor vehicle remained both registered and uninsured is not more than seven days. This provision shall apply only once during a 36-month period and shall not serve to reduce any penalty for a lapse of insurance which was greater than seven days or prevent the issuance of a revocation for uninsured accident or uninsured operation. This provision shall not apply to a revocation issued in accordance with section 370 of the Vehicle and Traffic Law.

(i) Revocation.

Upon the receipt of an electronic notice of insurance cancellation from an insurance company for a vehicle insured as for-hire under article 8 of the Vehicle and Traffic Law, the department shall send a revocation order to the registrant absent:

(1) an electronic notice of proof of insurance with no lapse of coverage submitted by an insurance company;

(2) expiration of the registration without renewal;

(3) surrender of the registration and license plate(s); or

(4) registration of the vehicle in a non for-hire class.

If none of the above requirements are met prior to the effective date of revocation or if the registrant does not submit proof in accordance with section 35.10 or 35.11 of this Part, the revocation order shall take effect.

(j) Rescission of suspension and/or revocation.

A suspension and/or revocation shall be rescinded upon receipt of:

(1) an electronic notice of proof of insurance with no lapse in coverage submitted by an insurance company; or

(2) acceptable proof as defined in section 35.10 or 35.11 of this Part with no lapse of coverage. Proof accepted under section 35.10 of this Part shall be electronically verified by an insurance company. Proof accepted under section 35.11 of this Part is subject to verification.

Note:

A New York Automobile Insurance Plan (NYAIP) temporary insurance identification card (FS-75) shall not be accepted as proof of insurance

If a suspension and/or revocation order has been rescinded due to receipt of acceptable proof, both the order and rescission shall be posted on DMV's electronic records.

(k) Verification of insurance.

Absent electronic notice of proof of insurance reported to DMV by an insurance company, an insurance ID card submitted to DMV by a registrant shall be electronically verified with the insurance company identified on such insurance ID card. Only electronic notices of proof of insurance received from an insurance company shall be accepted by DMV as verification of an insurance ID card, except as provided for in section 34.10 of this Title.

(1) An electronic response of proof of insurance, as defined in Part 34 of this Title, matched to a registration record shall result in the posting of the notice to DMV's insurance information database. If there is a lapse of coverage, DMV shall issue a definite registration suspension order and driver's license suspension order, if applicable. DMV shall issue a registration revocation order if the vehicle is registered as for-hire.

(2) An electronic response of no insurance (invalid/fraudulent insurance ID card), as defined in Part 34 of this Title, matched to a registration record shall result in the posting of the notice to DMV's insurance information database. DMV shall issue an indefinite registration suspension order and an indefinite driver's license suspension order, if applicable, for invalid proof of insurance. DMV shall issue a registration revocation order if the vehicle is registered as for-hire. A rescission of such suspension or revocation requires receipt by DMV of one of the following:

(i) electronic notice of proof of insurance from the repudiating insurance company with the same effective date as the electronic notice of no insurance;

(ii) electronic notice of proof of insurance from another insurance company with the same effective date as the electronic notice of no insurance from the repudiating insurance company; and

(iii) an insurance ID card from a different insurance company with the same effective date as the electronic notice of no insurance that shall be electronically verified with that insurance company.

(3) No response from an insurance company shall result in DMV issuing a registrant inquiry letter that advises the registrant of the insurance company's nonresponse and provides an additional period of time to receive required proof. If required proof is not received during the extension period, DMV shall issue an indefinite registration suspension order and driver's license suspension order, if applicable.

(4) No response from an insurance company shall result in DMV issuing a registration revocation order if the vehicle is registered as for-hire. If required proof is not received by the effective date of the revocation, the revocation shall take effect.

(l) Payment of a civil penalty.

The civil penalty provided for in Vehicle and Traffic Law section 318(1-a) and section 34.11(b) of this Title shall be paid online via the DMV website by credit/debit card; in person at either a DMV issuing office or at the central office of the department by credit/debit card, cash, certified or bank/teller's check, personal check or money order, or by mail addressed to the Insurance Services Bureau in the central office of the department by certified or bank/teller's check, personal check or money order. All check and money orders must be made payable to the Commissioner of Motor Vehicles. Installment and partial payments shall not be accepted. The civil penalty must be paid based upon the time during which insurance was not in effect regardless of any suspension time which may have been served by the registrant. Compliance cannot be made by combining payment of a portion of the civil penalty with a portion of the period of suspension served by surrender of the registration and plate(s) or expiration of the registration. This provision does not apply to vehicles insured as for-hire under section 370 of the Vehicle and Traffic Law.

(m) Reinstatement of registration after suspension/revocation.

(1) Except as provided for in subdivision (k) of this section, termination of suspension can be made only after the registrant surrenders the registration and license plate(s), or otherwise complies with the suspension order as set forth in section 35.9 of this Part, and waits a period of time equal to the suspension period. In order to obtain a registration after license plate(s) have been surrendered, an application must be made to any DMV issuing office. A currently valid insurance ID card must be submitted. If suspended, the plate(s) shall be returned or replaced at the discretion of the department.

(2) Termination of revocation on a for-hire registration can be made only after the registrant surrenders the registration and license plate(s) or such registration expires. The registrant shall wait a minimum period of 30 days from the surrender or expiration date. If revoked, a new registration shall be issued upon submission to a DMV issuing office of an application, an insurance ID card issued in accordance with Part 32 of this Title and payment of full registration fees.

(n) Reinstatement of license after suspension.

If a driver's license is suspended pursuant to Vehicle and Traffic Law section 318(1-a), the driver's license shall be reinstated upon completion of the term of suspension, and upon payment of the termination fee required by section 503 (2)(j) of the Vehicle and Traffic Law.

(o) Issuance of suspension order after surrender and reinstatement.

A surrender and reactivation of a registration made prior to the issuance of a suspension order shall not prevent the issuance of the suspension order nor reduce the length of the suspension period.

(p) The provisions of this section shall only apply to the Insurance Information and Enforcement System (IIES).

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.4 Operation of a motor vehicle without insurance

(a) Uninsured operation.

Upon receipt of evidence that a motor vehicle has been operated upon the public highways without insurance coverage but with no evidence that an accident occurred, the registration and/or driver's license or privilege of the registrant and/or operator (driver) shall be revoked. One year after compliance with the revocation order or orders and upon payment of a civil penalty for each applicable offense as required by section 319 (5) of the Vehicle and Traffic Law, a request for restoration shall be considered. Such request for restoration shall be submitted to a DMV issuing office or DMV's central office. If the request for restoration is approved, a clearance notice shall be issued and an application for driver's license shall be forwarded to the department's Driver Regulation Bureau for final approval.

(b) Uninsured accident.

Upon the receipt of evidence that a motor vehicle has been involved in an accident while insurance coverage was not in effect, the registration and/or driver's license or driving privilege of the registrant and/or operator (driver) shall be revoked. One year after compliance with the revocation order or orders and upon payment of the civil penalty for each applicable offense as required by section 319 (5) of the Vehicle and Traffic Law and submission of affirmation under sections 318 (9) and 318 (11) of the Vehicle and Traffic Law, form FS-15, a request for restoration shall be considered. Such request shall be submitted to the Insurance Services Bureau in the central office of the department. If the request for restoration is approved, a clearance notice shall be issued and an application for driver's license shall be forwarded to the department's Driver Regulation Bureau for final approval.

Any required civil penalty must be paid: online via the DMV website by credit/debit card; in person at either a DMV issuing office or at the central office of the department by credit/debit card, cash, certified or bank/teller's check, personal check or money order; or by mail addressed to the Insurance Services Bureau in the central office of the department by certified or bank/teller's check, personal check or money order. All checks and money orders must be made payable to the Commissioner of Motor Vehicles. Installment and partial payments are not acceptable.

(d) Exceptions.

A nonowner operator's (driver's) claim that he or she had no knowledge that financial security coverage was not in effect pursuant to section 318(3) and/or section 319 (1) of the Vehicle and Traffic Law must be substantiated by a notarized affidavit from the registrant of the motor vehicle stating that the operator (driver) had permission to use said vehicle and that the operator (driver) was not made aware the vehicle was uninsured, or such other corroborating evidence that supports such claim.

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.5 Unsatisfied judgment

Where a certified copy of a judgment is received by the department with an affirmation that it remains unsatisfied in accordance with section 332 of the Vehicle and Traffic Law, a suspension of all registrations and the driver's license and/or driving privilege of the judgment debtor shall be issued. Upon receipt by the department of satisfactory documentation that such judgment has been satisfied, stayed, vacated, reversed, or that the court in which the judgement was rendered has permitted payments in installments, the suspension shall be terminated, and a notice of restoration shall be issued. If a notice of default in installment payments is received, the suspension order shall be reinstated.

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.6 Security requirement

Security shall be required under section 335 of the Vehicle and Traffic Law of nonresidents involved in uninsured accidents in New York State and of residents operating class C limited use motorcycles without insurance in New York State. Upon proof that a security requirement has been satisfied, the suspension shall be terminated. A notice of restoration shall be issued.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.7 Uninsured operation in another state

Upon the receipt of evidence that a New York State resident has operated an uninsured vehicle in another state, the registration and/or driver's license or driving privilege of the registrant and/or operator (driver) shall be suspended, as applicable until there is compliance with the financial responsibility laws of such other state.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.8 Surrender

(a) Registration.

(1) A surrender of registration shall consist of the delivery or mailing to the department of the registration and both plates (unless only one plate has been issued).

Note:

The surrender requirement shall not apply to vehicles registered in the Daily Rental (OMS) and Daily Rental Vanity (OMV) registration classes.

(2) The department recognizes that in certain cases surrender of the registration and plates may not be possible. In the event that the registrant is unable to surrender the registration and license plate(s) because they were stolen or lost, the registrant may report such theft or loss to a local law enforcement agency and obtain either a Report of Lost or Stolen Motor Vehicle Items (MV-78B) or a letter from a police agency setting forth the pertinent details of the theft/loss to submit to DMV. In such case, the date of the report to the law enforcement agency shall be treated as the date of surrender, except for a member of the armed forces summoned to emergency military service where the date of surrender shall be the date of his or her emergency entry into military service provided that he or she submits a notarized statement that the vehicle was not operated on the public highways while insurance coverage was not in effect. In addition or in lieu of the MV-78B or letter from a police agency, DMV may, in its discretion, accept an attestation by the registrant (MV-1443.1) or other proof of theft or loss. In the event that the registration and/or license plate(s) were turned in to, or confiscated by another state, a letter from such state's motor vehicle department or law enforcement agency setting forth the date the registration/plates were turned in or confiscated may be submitted to DMV and the date specified in such letter shall be treated as the date of surrender.

(b) Place of surrender.

A surrender of registration and license plates(s) can be made at any issuing office or the central office of the department.

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.9 Compliance

(a) Compliance shall consist of:

(1) surrender of registration and license plate(s); or

(2) expiration of the registration; or

(3) payment of a civil penalty as provided in section 35.3(k) of this Part.

(b) Place.

Compliance, other than by surrender of registration to another state, can only be made to an issuing office or the central office of this department.

Except where compliance is accomplished by expiration of the registration, the person making compliance shall be given a receipt indicating the type and date of compliance.

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.10 Acceptable proof of insurance

A New York State insurance ID card issued by an insurance company, agent or broker licensed by the NYS Department of Financial Services in accordance with Part 32 of this Title. The insurance company shall be one assigned an insurance company code (ICC) in accordance with Part 34 of this Title. A New York Automobile Insurance Plan (NYAIP) Temporary New York State Insurance Identification Card shall be accepted for registration only. A NYAIP Temporary New York State Insurance Identification Card shall not be accepted as proof of insurance for any nonregistration activity including but not limited to responding to a registrant inquiry letter and suspension or revocation order. DMV shall not accept a second insurance ID card from a registrant for the same insurance company with the same effective date if the validity of the earlier insurance ID card from that insurance company is at issue or if the insurance ID card has been repudiated by that insurance company.

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.11 Acceptable proof other than insurance

Acceptable proof shall include the year, make and vehicle identification number (VIN) of the vehicle, the registrant's complete name and mailing address, the date of the activity (that is, the dates that the vehicle went in and out of the repair shop, junk/salvage facility or a commercial or military or licensed towing facility), and the date the proof was issued, if different. Any letter issued by the shop or facility which is submitted to DMV shall be on official letterhead and shall contain the sender's name (readable) and signature, and complete address. Photocopies of proof submitted are acceptable unless otherwise specified on the application form. All submitted proof is subject to verification. In addition to the acceptable proof specified herein, the registration and license plate(s) shall be surrendered to DMV unless such plates(s) are/were immediately used to reregister another vehicle. If the registrant is unable to surrender the registration and license plate(s), the registrant shall submit a Report of Lost or Stolen Motor Vehicle Items (MV-78B) to the department. If a vehicle is returned to a registrant or returned to operation by a registrant after theft, seizure or impoundment, or repossession or hospitalization, proof of the return date and a new insurance ID card with an effective date covering the return date shall be submitted to the department. If insurance coverage was actually obtained after the return date, such insurance ID card may be submitted.

(a) Sale or transfer.

A bill of sale that provides the date of sale and the name(s) and address(es) of the buyer and seller, or a notarized statement that confirms the sale or transfer of the vehicle, except where such sale or transfer would defeat the purposes of articles 6 and 8 of the Vehicle and Traffic Law.

(b) Theft or loss.

A copy of a police report from a law enforcement agency or insurance company that provides the date of theft or loss.

A copy of the impoundment receipt that provides the date of impoundment and states that the vehicle was not returned to the registrant. If the vehicle was sold by the civil or police authority, a copy of the bill of sale that provides that date of sale shall be included.

(d) Repossession.

A copy of the repossession notice that provides the date of repossession or a letter from the lending institution or leasing company that verifies the repossession and provides the date of repossession. The notice or letter shall state that the vehicle was not returned to the registrant.

(e) Registration in another state.

A copy of an out-of-state registration or a letter from the out-of-state motor vehicle agency that provides the date of registration in that state.

(f) Hospitalization.

Proof of hospitalization from a hospital or medical doctor that provides the dates of entry and discharge from the hospital and a notarized statement from the registrant that states that the vehicle was not used by family members or others during the time of hospitalization and includes an explanation of where the vehicle was stored during the period of hospitalization. This section shall not apply to a vehicle insured under section 370 of the Vehicle and Traffic Law.

(g) Acceptable proof of storage in a commercial garage, commercial storage area, or a repair shop.

In cases where the exemption from the insurance requirements of Vehicle and Traffic Law section 318 is sought for a vehicle that is or was in the possession of a repair shop or junk/salvage facility, such acceptable proof of storage means submission of a fully completed and signed FS-48 form (Financial Security Exemption Application), provided however, if the registrant submits proof involving a repair facility that was not properly registered as a repair shop pursuant to article 12-A of the Vehicle and Traffic Law (that is, an unregistered repair shop), the motorist must also file a complaint with the department's office of vehicle safety stating that to the best of his or her knowledge the facility was operating without proper registration and that he or she was not aware that the facility was not properly registered. If a repair shop is located in another state, proof submitted by a registrant shall be deemed acceptable only upon verification by the department that such repair shop is legally registered or licensed in such other state. In cases where the exemption from insurance requirements of Vehicle and Traffic Law section 318 is sought for a vehicle that is or was in the possession of a commercial or military or licensed towing facility, such acceptable proof of storage means submission of a fully completed and signed FS-48S form (Financial Security Exemption Application "" Storage).

History

Amended New York State Register April 26, 2017 /Volume XXXIX, Issue 17, eff. 4/26/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 35.12 Effect of application denial

Denial of an application for registration, driver's license or privileges may be appealed to the department's Administrative Appeals Board pursuant to article 3-A of the Vehicle and Traffic Law.

Subchapter D Equipment

Part 41 Standards Of Brake Efficiency

N.Y. Comp. Codes R. & Regs. Tit. 15 § 41.1 Service brake standard

The service brakes on every motor vehicle and every combination of motor vehicle and trailer, operated on a public highway under any condition of loading, shall be capable of stopping the vehicle or combination by reducing its speed at a rate sufficient to bring it to a stop from the speed of 20 miles per hour on a hard, dry, approximately level pavement, substantially free from loose material within the distances specified below:

(a) Brakes which can be applied to every wheel, 30 feet.

(b) Brakes which cannot be applied to every wheel, 45 feet.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 41.2 Auxiliary (hand) brake standard

Auxiliary brakes on every motor vehicle and every combination of motor vehicle and trailer, operated on a public highway, should be capable at least of holding the vehicle or combination at rest on any grade upon which they may be operated, accordingly:

Such brakes on every passenger vehicle of less than eight passengers capacity, and on every other motor vehicle or combination of motor vehicle and trailer on which the braking effort is applied to drums mounted on the wheels or a jack shaft, shall be capable of stopping the vehicle or combination by reducing its speed at a rate sufficient to bring it to a stop from a speed of 20 miles per hour on a hard, dry, approximately level pavement, substantially free from loose material, within a distance of 75 feet; and such brakes on every motor vehicle or combination of motor vehicle and trailer, except passenger vehicles of less than eight passengers capacity, on which the braking effort is applied to a drum or drums mounted on part of the propelling mechanism, except a jack shaft, shall at least be capable of holding the vehicle or combination with its load on a 25 percent grade or of withstanding a force equal to 25 percent of the total weight and carrying capacity of the vehicle or combination when tested on a dynamometer type of brake tester.

Part 42 Hydraulic Brake Fluid

N.Y. Comp. Codes R. & Regs. Tit. 15 § 42.1 Standards for brake fluid

All hydraulic brake fluid sold within the State of New York for use in hydraulic brake systems of motor vehicles shall conform in all respects to Federal motor vehicle safety standard 116, 49 CFR 571.116. This standard may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 42.2 Applications for standards

The contents of every package, can or other container of brake fluid sold, distributed or kept for sale in this State and the package, can or other container in which brake fluids are sold, distributed or kept for sale in this State must conform to the standard referred to in section 42.1 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 42.3 Labeling and marking of containers

The label and marking on every package, can or container of brake fluid sold or distributed or kept for sale in this State must conform to the standard referred to in section 42.1 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 42.4 Approval of brake fluids

It is not necessary to submit samples or secure formal approval of any brake fluid. Any brake fluids may be used provided they conform to the provisions of this Part and all brake fluids which conform to this Part are hereby approved.

Part 43 Motor Vehicle Lighting

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.1 Vehicles subject to law

(a) This Part shall apply to all motor vehicles and trailers except motorcycles and limited use motorcycles.

(b) Side view mirrors shall not be considered in determining whether a vehicle is more than 80 inches in width.

(c) A trailer or semitrailer is exempt from headlamps, parking lamps, directional signals, and highway hazard warning lamps or reflectors on the front.

(d) Agricultural equipment consists of agricultural tractors, self-propelled implements of husbandry, and towed, mounted or semi-mounted implements of husbandry. Implement of husbandry shall mean a vehicle designed or adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry. Agricultural equipment lighting requirements are contained in section 43.9 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.2 Required lighting on vehicles 80 inches or more in width

Vehicles 80 inches or more in width shall be equipped in accordance with Table I.

Table I-Required Motor Vehicle Lighting Equipment For Vehicles 80 or More Inches Overall Width

| Item | Passenger vehicles, trucks and buses | Trailers | | --- | --- | --- | | Headlamps | Either 2 white headlamps with high and low beams or 4 white headlamps, 2 with just high beams and 2 with just low beams 2 type 2A headlamp units | None | | Tail lamps | 2 red | 2 red | | Stop lamps | 2 red | 2 red | | Number plate lamp | 1 white | 1 white | | Reflex reflectors | 4 red; 2 amber** | 4 red; 2 amber | | Side marker | 2 red; 2 amber^^ | 2 red; 2 amber | | Backup lamp | 1 white | None | | Turn-signal lamps**** | 2 class A red or amber;* 2 class A amber | 2 class A red or amber | | Turn-signal operating unit | 1 | None | | Vehicular hazard warning signal operating unit | 1*** | None | | Identification lamps | 3 amber; 3 red** | 3 red | | Clearance lamps | 2 amber; 2 red** | 2 amber; 2 red | | Intermediate side marker lamps | 2 amber* | 2 amber* | | Intermediate reflex reflectors | 2 amber* | 2 amber* |

** A tractor need not be equipped with any rear side marker devices, rear clearance lamps or rear identification lamps.

^* Intermediate side marker devices are not required on vehicles less than 30 feet in length.

^** A tractor need not be equipped with any rear side marker devices, rear clearance lamps or rear identification lamps.

^*** 1965 and earlier model vehicles may substitute two class A amber reflex reflectors for front highway hazard warning lamps.

^****Double-faced turn-signal lamps permitted for tractors.

Footnotes

** A tractor need not be equipped with any rear side marker devices, rear clearance lamps or rear identification lamps.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.3 Location of required lighting on vehicles 80 inches or more in width

All vehicles 80 inches or more in width shall have required lighting located in conformity with table II.

Table II-Location of Required Equipment For Vehicles 80 or More Inches Overall Width

| Item | Passenger vehicles, trucks and buses | Location on: trailers | Height above road surface measured from center of item on vehicle at curb weight | | --- | --- | --- | --- | | Headlamps | Type one headlamps at the same time height, one on each on each side of the vertical centerline; type two headlamps at the same height, one on each side of the vertical centerline; as far apart as practicable. | Not required. | Not less than 24 inches, nor more than 54 inches | | Tail lamps | On the rear, one on each side of the vertical centerline, at the same height, and as far apart as practicable. | On the rear, one on each side of vertical centerline, at the same height and as far apart as practicable. | Not less than 15 inches, nor more than 72 inches | | Stop lamps | On the rear, one on on each side of the vertical centerline, at the same height, and as far apart as practicable. | On the rear, one each side of the vertical centerline, at the same height and as far apart as practicable. | Not less than 15 inches, nor more than 72 inches | | Number plate lamp | At rear number plate, to illuminate the plate from the top or sides. | At rear number plate, to illuminate the plate from the top or sides. | No requirement. | | Backup lamp | On the rear. | Not required. | No requirement. | | Turn-signal lamps | At or near the front- one amber on each side of the vertical centerline, at the same height, and as far apart as practicable. | On the rear-one red or amber on each side of the vertical centerline, at the same height, height, and as far apart as practicable. | Not less than 15 inches, nor more than 83 inches. | | On the rear-one red or amber on each side of the vertical centerline, at the same height, and as far apart as practicable. | | | | | Identification lamps | On the front and rear- three lamps, amber in front, red in rear, as close as practicable to the top of the vehicle, at the same height, as close as practicable to the vertical centerline, with lamp centers spaced not less than 6 inches nor more than 12 inches apart. | On the rear-three lamps as close as practicable to the top of the vehicle at the same height, as close as practicable to the vertical centerline, with lamp centers spaced not less than 6 inches nor more than 12 inches apart. | On the front only. No part of the lamps or mountings shall extend below the top of the vehicle's windshield. | | Clearance lamps | On the front and rear- two amber lamps on front, two red lamps on rear, to indicate the overall width of the vehicle, one on each side of the vertical centerline, at the same height, and as near the top as practicable.*** * | On the front and rear-two amber lamps onfront, two red lamps on rear, to indicate the overall width of the vehicle, one on each side of the vertical centerline, at the same height, and as near the top thereof as practicable.*** **** | No requirement. | | Intermediate side marker lamps | On each side-one amber lamp located at or near the midpoint between the front and rear side marker lamps | On each side-one amber lamp located at or near the midpoint between the front and rear side marker lamps. | Not less than 15 inches. | | Intermediate side reflex reflectors | On each side-one amber located at or near the midpoint between the front and rear side reflex reflectors. | On each side-one amber located at or near the midpoint between the front and rear side reflex reflectors. | Not less than 15 inches nor more than 60 inches. | | Reflex reflectors | On the rear-one red on each side of the vertical centerline, as far apart as practicable, and at the same height. On each side-one red as far as to the rear as practicable, and one amber as far to the front as practicable.** | On the rear-one red on each side of the vertical centerline, as far apart as practicable, and at the same height. On each side-one red as far to the rear as practicable, and one amber as far to the front as practicable. | Not less than 15 inches nor more than 60 inches. | | Side marker lamps | On each side-one red as far to the rear as practicable, and one amber as far to the front as practicable. | On each side-one red as far to the rear as practicable, and one amber as far to the front as practicable. | Not less than 15 inches and on the rear of trailers not more than 60 inches. |

^* On a tractor, clearance lamps mounted on the cab may be located to indicate the overall width of the cab, rather than the overall width of the vehicle.

^** On a tractor, the red rear reflex reflectors may be mounted on the back of the cab, at a minimum height not less than four inches above the height of the rear tires.

^*** When the rear identification lamps are mounted at the extreme height of a vehicle, red clearance lamps need not meet the requirements of table II that they be located as close as practicable to the top of the vehicle.

^****Boat trailers need not be equipped with both front and rear clearance lamps, provided an amber (to front) and red (to rear) clearance lamp is located at or near the midpoint on each side of the trailer so as to indicate its extreme width.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.4 Required lighting of vehicles less than 80 inches in width

Vehicles less than 80 inches in width shall be equipped in accordance with table III.

Table III-Required Motor Vehicle Lighting Equipment For All Vehicles Less Than 80 Inches Overall Width

| Item | Passenger vehicles, trucks and buses | Trailers**** | | --- | --- | --- | | Headlamps | Either 2 white headlamps with high and low beams or 4 white headlamps, 2 with just high beams and 2 with just low beams. | None | | Tail lamps | 2 red | 2 red | | Stop lamps | 2 red | 2 red | | Number plate lamp | 1 white | 1 white | | Parking lamps | 2 amber or white | None | | Reflex reflectors | 4 red; 2 amber* | 4 red; 2 amber*** | | Intermediate side reflex reflectors | 2 amber** | 2 amber** | | Intermediate side marker lamps | 2 amber** | 2 amber** | | Side marker lamps | 2 red; 2 amber* | 2 red; 2 amber | | Backup lamp | 1 white | None | | Turn""signal lamps | 2 class A red or amber; 2 class A amber | 2 class A red or amber | | Turn""signal operating unit | 1 | None | | Vehicular hazard warning signal operating unit | 1*** | None |

^* A tractor need not be equipped with any rear side marker devices, rear clearance lamps or rear identification lamps.

^**Intermediate side marker devices are not required on vehicles less than 30 feet in overall length.

^*** 1965 and earlier model vehicles may substitute two class A or class B amber reflectors for front highway hazard warning lamps.

^**** Trailers less than 30 inches wide need only one tall lamp, stop lamp, reflex reflector and number plate lamp. No other lamps or reflectors are required.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.6 Special provisions

(a) Lamps that serve two purposes, such as a combination number plate lamp and tail lamp, may be used to satisfy the requirements of this Part.

(b) On omnibuses, an illuminated destination sign on the front of the vehicle, not less than 6 inches high and 24 inches in length and clearly visible for a distance of 500 feet, may serve in place of the identification lamp.

(c) On school omnibuses displaying an illuminated school bus sign, as required by regulations promulgated by the Commissioner of Motor Vehicles with respect to flashing red signal lamps and signs on school omnibuses, such illuminated signs may serve in place of the identification lamps on both the front and rear.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.7 Approval of equipment

(a) All equipment required by section 376 of the Vehicle and Traffic Law shall be of a type approved by the commissioner.

(b) All headlamps, directional signals, reflectors, stop lamps, number plate lamps, backup lamps, tail lamps, parking lamps, hazardous warning devices, identification lamps, clearance lamps and side marker lamps will be approved by the commissioner if such lamps have the lens markings required by Federal Motor Vehicle Safety Standard 108 (49 CFR 571.108) and conform to the specifications established by the Society of Automotive Engineers for such equipment. Such specifications are adopted as the standards for approval for the purposes of this Part, but a sample of such equipment accompanied by a report prepared by a recognized testing laboratory must be submitted to the commissioner and specific approval obtained.

(c) In lieu of approval under subdivision (a) of this section, approval shall be deemed to be granted upon the receipt by the Commissioner of Motor Vehicles of a certificate of equipment approval issued by the Automotive Manufacturers Equipment Compliance Agency, Inc. (A.M.E.C.A.) to the Commissioner of Motor Vehicles, Bureau of Technical Assessment, Empire State Plaza, Albany, NY 12228.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.8 Candlepower and markings

(a) The total forward lighting of any motor vehicle headlight system shall not exceed 150,000 candlepower.

(b) Each headlamp shall have the markings "Sealed Beam" and the headlamp code required by Federal Motor Vehicle Safety Standard 108 (49 CFR 571.108).

N.Y. Comp. Codes R. & Regs. Tit. 15 § 43.9 Lighting requirements on agricultural equipment

(a) Self-propelled agricultural equipment shall be equipped in accordance with Table V.

Table V-Required Lighting Equipment for self-propelled Agricultural Equipment

| Item | Number and color | Location | | --- | --- | --- | | Headlamps | two, white | front, same level, as far apart as practicable | | Tail lamps | one, red | rear, as far to the left as practicable | | Combined hazard warning and turn signal lamps | two, amber | at least 1.1 meters (42 inches) high, same level, as far apart as practicable, visible front and rear | | Rear reflectors | two, red | rear, same level, as far apart as practicable |

(b) Reserved for towed, mounted or semi-mounted agricultural implements.

(c) This section shall apply only when the agricultural equipment is used on the public highway from one-half hour after sunset to one-half hour before sunrise, and during such other times as visibility for a distance of 1,000 feet ahead of or behind such agricultural equipment is not clear. At other times, no lighting equipment is required on agricultural equipment.

(d) Nothing in this Part shall be construed as effecting the requirement of Vehicle and Traffic Law, section 375, subdivision 36 and Part 68 of this Chapter that agricultural equipment display the slow-moving vehicle emblem.

Part 44 Colored Lights

N.Y. Comp. Codes R. & Regs. Tit. 15 § 44.1 Introduction

Paragraph (c) of subdivision 2 and subdivision 41 of section 375 and sections 100-a, 101, 106-a, 114-b, 115-a, 117-a, 117-b, 132-a, 1104 and 1144 of the Vehicle and Traffic Law govern the affixing, display and effect of colored lights on vehicles, other than those required by law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 44.2 Red lights and certain white lights

A reference to the color red wherever it appears in this Part shall include the combination of the colors red and white.

(a) One or more red lights may be affixed to an authorized emergency vehicle which includes every ambulance, police vehicle, fire vehicle and civil defense emergency vehicle as each of these is defined in the Vehicle and Traffic Law.

(b) One or more red lights may be displayed on an authorized emergency vehicle when such vehicle is parked or operating while engaged in transporting a sick or injured person, pursuing an actual or suspected violator of the law, or responding to or working or assisting at the scene of an accident, disaster, police call, alarm of fire or other emergency, including an emergency drill on a public highway. Such light or lights may not be displayed when returning from such service, except upon a fire vehicle. An authorized emergency vehicle operated for the purpose of obtaining fuel, lubricants, maintenance or repairs is not considered to be operation in an emergency.

(c) At least one red light must be displayed and visible under normal atmospheric conditions from a distance of 500 feet from any direction from an authorized emergency vehicle, except a police vehicle, exercising the privileges granted in section 1104 of the Vehicle and Traffic Law and sounding an audible signal as required by section 1104. Where required, because of vehicle construction, more than one red light may be used to satisfy the visibility requirement of section 1104.

(d) One all-white light, which is revolving, rotating, flashing, oscillating or constantly moving may be affixed to an authorized emergency vehicle and displayed thereon only when such vehicle is engaged in emergency operation as set forth in subdivision (b) of this section. Such white light and the white portion of a combination red and white light shall not be:

(1) arranged, adjusted or operated so as to produce dangerous glare or dazzle;

(2) arranged, adjusted or operated so as to interfere with the visibility of any red light or red lights displayed on the vehicle; or

(3) of greater intensity than exceeds 100 candlepower as expressed in mean spherical candlepower at 35 watts.

(e) Headlamps of an approved headlighting system on an authorized emergency vehicle or any other vehicle may not be made to flash either alternately or in unison, except that the high beam white lights (ordinarily the inboard or lower lights) of a dual headlamp system may flash alternately on an authorized emergency vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 44.3 Amber lights

(a) One or more amber lights may be affixed to a hazard vehicle as defined in section 117-a of New York State Vehicle and Traffic Law.

(b) One or more amber lights must be displayed upon a hazard vehicle when such vehicle is engaged in a hazardous operation which is the operation, or parking, of a vehicle on or immediately adjacent to a public highway while such vehicle is actually engaged in an operation which would restrict, impede, or interfere with the normal flow of traffic, and such lights may be displayed upon a hazard vehicle engaged in ice or snow removal or other hazardous operation on a parking lot or similar facility. Such amber lights must be visible to all approaching traffic under normal atmospheric conditions from a distance of 500 feet from such vehicle.

(c) Such light or lights shall not be required to be displayed during daylight hours provided at least two red flags visible from a distance of 500 feet are placed both in or on the front of, and to or on the rear of the vehicle and two such red flags are placed to each side of the vehicle open to traffic. The two red flags may be mounted on a single mast using a "Y" adapter.

(d) Such lights or flags need not be displayed on the vehicle when the vehicle is operating, or parked, within a barricaded work area and said lights or flags are displayed on the barricade.

(e) The temporary affixing and display of an amber light to be used as a warning light on a disabled motor vehicle or on a motor vehicle while it is stopped on a highway while engaged in an operation which would restrict, impede or interfere with the normal flow of traffic is not prohibited.

(f) Such amber light or lights must be mounted higher than the head lamps.

History

Amended New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018

N.Y. Comp. Codes R. & Regs. Tit. 15 § 44.5 Auxiliary lights

(a) Lights which are red in color, supplemental to and perform the same functions of required light, such as brake lights, directional signal lights and hazard warning lights, are not prohibited provided:

(1) such lights function in unison with required lights; and

(2) such lights, except on tow trucks and vehicles having doors on the rear, are below any amber hazard or red emergency light affixed to such a vehicle.

(b) Fog lights. The use of amber fog lights shall not be prohibited because of color on any vehicle, provided such lights are affixed below the vehicle's headlamps and are arranged, adjusted or operated to avoid dangerous glare or dazzle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 44.6 Exemptions

(a) This Part shall not be applicable to vehicles from other States or from the Dominion of Canada which have entered this State to render police, fire or civil defense aid, or ambulance service, while such vehicles are here or returning to their home stations, if the lights on such vehicles comply with the laws of their home States or the Dominion of Canada, are displayed in this State in the same manner permitted by their home States or the Dominion of Canada.

(b) Antique or historical emergency vehicles which are used for parades, demonstrations, etc. may continue to have affixed thereto any colored lights, or their replacements, which were carried on such vehicles when they were used as emergency vehicles. However, no such colored lights shall be displayed when operated upon the public highways of this State, unless such vehicle is being operated in a parade or demonstration under permit from the appropriate local or State authority.

Part 45 Emergency Lighting Equipment

N.Y. Comp. Codes R. & Regs. Tit. 15 § 45.1 Emergency lighting equipment required

(a) Subdivision 17 of section 375 of the Vehicle and Traffic Law provides that every omnibus having a seating capacity of more than 10 passengers, every truck having a maximum gross weight in excess of 12,000 pounds and every combination of tractor and trailer operated upon a public highway, shall carry emergency lighting equipment ready at all times for immediate use. The equipment may consist of flares of the type used by railroads, flaring candles, torches, lanterns or red emergency reflectors provided it is adequate to provide a warning light in all kinds of weather both in front of and in the rear of the vehicle for at least eight hours.

(b) If red emergency reflectors are used, no such reflector shall be deemed adequate unless it is of a size and type approved by the Commissioner of Motor Vehicles, and conforms to minimum specifications established by him, which minimum shall not be less than the minimum established by the Interstate Commerce Commission for buses and trucks in interstate commerce.

(c) Three bidirectional emergency reflective triangles that conform to the requirements of Federal motor vehicle safety standard No. 125 (section 571.125 of title 49 of the Code of Federal Regulations) are deemed to comply with this Part. Sections 45.2, 45.3 and 45.4 of this Part shall not apply to such reflective triangles. Section 45.5 of this Part shall apply with full force and effect to such triangles.

(d) On 1975 and newer vehicles, if reflectors are used to satisfy the emergency lighting requirement, the reflector shall be three bidirectional emergency reflective triangles that conform to the requirements of Federal motor vehicle safety standard No. 125. After June 1, 1974, if reflectors are obtained to satisfy the emergency lighting requirement for a 1974 or older vehicle, the reflectors shall be three bidirectional emergency reflective triangles that conform to the requirements of Federal motor vehicle safety standard No. 125.

(e) Nothing contained in this section shall be construed as preventing the use of reflectors approved under section 45.4 of this Part to meet the emergency lighting requirement if the reflectors were in use on the particular vehicle prior to June 1, 1974.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 45.2 Name and marking of red emergency reflector

The device must be given a distinctive name. The approved name shall be moulded or stamped on the device in letters at least three-sixteenths inches high so that it is readily legible. Any other letters or numbers than this distinctive name shall be in smaller letters.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 45.3 Construction

(a) Each red emergency reflector warning device shall be comprised of a multiplicity of red reflecting elements on each side, not less than two, front and back. Every red reflecting element shall conform, as a minimum requirement, to the specifications for Class A reflex reflectors contained in the S.A.E. Handbook, 1943 edition (published by the Society of Automotive Engineers). The aggregate candle-power output of the reflecting elements of the device when tested in a perpendicular position at one-third degree as specified by S.A.E. photometric procedure shall be not less than 12.

(b) Each reflector element shall be not less than three inches in diameter.

(c) If the reflecting surfaces of the reflector elements may be adversely affected by dust, soot, water or other foreign matters, they must be adequately sealed within the body of the units in which they are incorporated. Each reflector device shall be of such weight construction and/or dimensions as to remain stable, upright and stationary in a 40-mile-per-hour wind on any type road surface or level on which it is likely to be used. Such device shall be so constructed as to withstand reasonable shock without breakage. Each reflector must be so constructed that the reflecting elements are in a plane perpendicular to the plane of the roadway when placed thereon.

(d) Reasonable protection shall be afforded each reflecting device and the reflecting elements incorporated therein, by enclosure in a box container or rack from which the devices may be extracted for use. In the event the reflector devices are collapsible, locking means shall be provided to maintain the reflector elements in effective position while in use, and such locking means shall be readily capable of adjustment without the use of tools or specific equipment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 45.4 Procedure for securing approval

(a) One sample of the red emergency reflector warning device shall be shipped, postage prepaid, to the Commissioner of Motor Vehicles, Empire State Plaza, Albany, NY 12228, together with a certification from any unbiased laboratory acceptable to the commissioner, to the effect that the device meets the requirements of these specifications.

(b) In lieu of approval under subdivision (a) of this section, approval shall be deemed to be granted upon the receipt by the Commissioner of Motor Vehicles of a certificate of equipment approval issued by the American Association of Motor Vehicle Administrators to the Commissioner of Motor Vehicles, Bureau of Technical Assessment, Empire State Plaza, Albany, NY 12228.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 45.5 Changes in approval requirements

The Commissioner of Motor Vehicles in his discretion reserves the right to alter or change the requirements or specifications or to require additional or supplementary tests at any time. The commissioner further reserves the right to require the manufacturer to submit laboratory reports on verification tests on samples selected by the commissioner from manufacturer's or distributor's stock. If any such report discloses any unwarranted deviation in material, design, construction or performance, the commissioner may revoke the approval. Approval may be withdrawn at any time and for any cause deemed reasonable by the commissioner.

Part 46 School Bus Equipment

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.1 Signs

(a) Every omnibus having a seating capacity of more than seven passengers, used exclusively to transport pupils, teachers and other persons acting in a supervisory capacity to and from school or school activities must be equipped with one sign on the front and one sign on the rear, bearing the inscription "SCHOOL BUS."

(b) The letters of such signs shall be uniform capital block letters, not less than eight inches in height and each stroke of each letter shall not be less than one inch in width.

(c) The letters of such sign must be black and the background of each such sign shall be the color known as "national school bus chrome."

(d) Such signs may be painted on the body of the vehicle, provided they comply with all the specifications contained in this Part.

(e) If the signs are not painted on the body of the vehicle, the overall size of each such sign shall be not less than 36, nor more than 60 inches in width, and not less than 8, nor more than 15 inches in height.

(f) The sign on the front of each such omnibus shall be mounted in such a manner that it shall not obstruct the vision of the driver of the vehicle and with the bottom of the sign no lower than the top of the windshield. The sign on the rear of each such omnibus shall be mounted in such a manner that the bottom thereof shall be no lower than the bottom of the sign mounted on the front of the omnibus, but in no event in such a manner as to obstruct the rear window of such omnibus.

(g) On an omnibus having a carrying capacity of not more than 11 adult passengers, computed on the basis of 16 seat inches per passenger for seats accommodating one or two adults and not less than 17 inches per passenger on seats accommodating three or more adults, in addition to the driver, such signs may consist of one two-faced sign, facing both front and rear, mounted on top of the vehicle, in approximately the center of the roof thereof.

(h) Any such sign shall be mounted in such a manner that it will not interfere with the visibility of the flashing red signal lamps mounted on such school omnibus.

(i) Each such sign must be visible and readable from a point at least 200 feet distance.

(j) In the event that any such school omnibus is operated on a public highway during the period between one-half hour after sunset and one-half hour before sunrise, each such sign must be illuminated so as to be visible from a point at least 500 feet distant.

(k) Each such sign must be installed in such a manner that the face of the sign does not deviate more than 10 degrees from vertical.

(l) Such signs may be placed either on the outside of the vehicle or incorporated into an illuminated sign box built into the vehicle.

(m) When illumination of such signs is required, the signs may be illuminated from in front of the sign, or, if the background of the sign is translucent, then the light may be placed behind the sign. In any event, the sign must comply with the requirements as to color and size of letters and background.

(n) Where illumination of such signs is required the illumination must be continuous and uniform.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.2 Lights

(a) Every omnibus having a seating capacity of more than seven passengers, used exclusively to transport pupils, teachers and other persons acting in a supervisory capacity to and from school or school activities shall be equipped with at least one flashing red signal lamp on the front and at least one flashing red signal lamp on the rear thereof.

(b) Each such lamp shall have a lens not less than six nor more than nine inches in diameter.

(d) Each such lamp shall be separately installed, and may not be a part of or connected with, any other exterior lamp or lighting or signaling device installed on the vehicle.

(e) No inscription shall appear across the face of the lens.

(f) Such lamps may not have light greater than 50 candlepower or equivalent wattage. Such lamps may not be of a spotlight type, or be equipped with a magnifying lens.

(g) Each such signal lamp shall be attached securely to the exterior of the bus in such a manner that the top of the lens is not more than six inches below the top of the vehicle, such distance being measured at a point directly above the lamp. Where two lamps are used on front or rear, such lamps shall be mounted so that the centers of the lamps are not less than 46 inches, nor more than 72 inches apart.

(h) On an omnibus having a carrying capacity of not more than 11 adult passengers, computed on the basis of 16 seat inches per passenger for seats accommodating one or two adults and not less than 17 inches per passenger on seats accommodating three or more adults, in addition to the driver, such lamps may consist of two-faced lamps, facing both front and rear, mounted on top of the vehicle in approximately the center of the roof thereof. If at least two lamps are used, the centers of the lamps must be not less than 46 inches apart, but not more than 72 inches apart.

(i) Each such signal lamp must be of such design and construction as will provide a visible signal, under normal conditions, from a point at least 500 feet distant.

(j) Such lamps shall be installed so as to operate automatically whenever the vehicle door is open, but shall also be under the manual control of the driver at all times.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.3 Use

(a) Such signs shall be displayed and such flashing red signal lamps shall be used only when the vehicle is engaged exclusively in the transportation of pupils, teachers and other persons acting in a supervisory capacity to and from school or school activities. When the vehicle is not so engaged, such signs must be covered or removed. Such signs and lamps shall not be displayed or used when the vehicle is engaged in charter operations not related to school or school activities.

(b) For the purpose of this section, the term school activities shall be defined as "any program for the benefit of pupils, sponsored and supervised by school officials," and shall include, but shall not be limited to, such activities as the following, when so supervised and sponsored:

(1) extracurricular activities such as athletics, dramatics, and musicals;

(2) field trips directly connected with subjects included in the school curriculum; and

(3) school dances and other similar activities.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.4 Approval

It is not necessary to submit samples of signs or flashing red signal lamps to the commissioner for approval. Any such signs and signal lamps may be used provided they conform to the size, type and specifications contained in this Part. All signs and signal lamps which conform to the foregoing rules, regulations and specifications, are hereby approved by the Commissioner of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.5 Application to other classes of children

The duties imposed by this Part shall also apply with full force and effect to every omnibus having a seating capacity of more than seven passengers, being used to transport only children, instructors or other persons acting in a supervisory capacity to and from child care centers maintained for migrant farm and food processing laborers, or to transport only children, instructors, or other persons acting in a supervisory capacity to and from camp or camp activities, or to transport only children, instructors or other persons acting in a supervisory capacity to and from religious services or instruction.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.6 Use of two-way radios

No one may use a two-way radio installed on a school bus under section 375 (21-a) of the Vehicle and Traffic Law unless the school district, contractor, or nonpublic school has obtained a license from the Federal Communications Commission. Utilization of such radio is confined to the use stipulated in the license. School bus shall mean those vehicles defined as school buses by section 142 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.7 Use of school bus stop arm

(a) Driver's (left) side stop arms.

(1) Stop arms on school buses installed under section 375 (21-c) of the Vehicle and Traffic Law must be activated while the vehicle is stopped and engaged in picking up or discharging passengers and must be installed on the left side of the bus. A school bus stop arm must be fully retracted whenever the school bus is in motion. Every school bus designed with a capacity of 45 persons or more, and manufactured for use in this State on or after January 1, 2002 shall be equipped with a second stop arm to be located on the driver's side of the bus, as close as practical to the rear corner of the bus. A school bus stop arm shall conform to specifications set forth in 49 CFR 571.131. The Commission of Motor Vehicles adopts the following sections of title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length: part 571.131. These standards shall apply to persons required to install stop arms on school buses.

(2) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the booklet entitled Code of Federal Regulations, title 49, part 571.131 as revised May 28, 1998, published by the Office of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, 41 State St., Albany, NY 12231-0001, the Supreme Court Libraries, the Legislative Library, or the New York State Department of Motor Vehicles, Office of Counsel, 6 Empire State Plaza, Albany, NY 12228. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

(b) Right side stop arms. One stop arm may be installed on the right side of the bus and the forward-facing side of the arm may be equipped with a convex mirror. The stop arm may be activated only while the vehicle is stopped and engaged in picking up or discharging passengers. The stop arm must be fully retracted whenever the school bus is in motion. Any stop arm to be installed on the right side of the bus must be pre-approved by the Commissioner of Transportation in a manner prescribed by the Commissioner of Transportation. Any request for additional information regarding the approval procedures should be made in writing to: New York State Department of Transportation, Passenger Vehicle Safety Section, 50 Wolf Road, POD 53, Albany, NY 12232. In addition, the right side stop arm must conform to the following specifications:

(1) The mirror/stop arm shall be mounted in the window band area midway between the rear axle and the end of the bus and when deployed shall not obstruct the driver's view of vehicles approaching from the rear as seen in the right side rear view mirror.

(2) The mounting bracket must have a quick release feature that will permit quick release and removal of the stop arm by a first responder.

(3) All wiring for the device must meet or exceed the bus manufacturer's original equipment manufacturing specifications and installation methodology.

(4) Power supply circuits must have bus manufacturer compatible circuit breakers or fuses to ensure that any failure of the device does not render the bus inoperable.

(5) The device must have an override switch installed to allow the driver to disable the equipment.

(6) For buses with programmed, logic-controlled, electrical systems, the device wiring and circuitry must be compatible with the bus wiring and circuitry. All wiring must be rerouted through standard accessory wire channels.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.8 Use of back-up beepers

Any school bus painted national school bus chrome may be equipped with a device which emits a loud, intermittent beep when and only when the transmission of the school bus is in reverse gear. (Authority to use a back-up beeper which makes a school bus overwidth is found in section 56.7[c] of this Title.)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.9 Use of front crossing arms

Any school bus painted national school bus chrome may be equipped with a front crossing arm. Such front crossing arm shall only be activated while the school bus is stopped and engaged in receiving or discharging pupils. Further, such front crossing arm shall be used only in accordance with the directions of the Commissioner of Education. (Authority to use a front crossing arm which makes a school bus overlength is contained in section 56.9[a] of this Title.)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.10 Use of safety sensor devices

Any school bus painted national school bus chrome may be equipped with an electronic device or devices to detect the presence of people in the immediate vicinity of the school bus. (Authority to use a safety sensor device or devices which causes a school bus to be overwidth is found in section 56.7[c] of this Title.)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.11 Handicapped symbol

Every school bus which is equipped with a lift to facilitate the transportation of children with disabilities shall display a universal handicapped symbol which is an illustration of a person seated in a wheelchair. The symbol shall be:

(a) white against a blue background;

(b) a square not less than four nor more than six inches on each side; and

(c) mounted as close as practicable to the vertical centerline of the rear of the bus and three to six feet above the ground, but not on glass needed for visibility.

The symbol may be a decal or a sign or may be painted on the bus.

(d) On or after November 22, 2014, any new signage relating to accessibility that is installed or replaced on a school bus, which is equipped with a lift to facilitate the transportation of children with disabilities shall display the logo designated by the Secretary of State pursuant to section 101 of the Executive Law.

History

Amended, New York State Register November 19, 2014/Volume XXXVI, Issue 46, eff. 11/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.12 Exterior reflective markings

(a) Every school bus manufactured for use in this State on or after April 1, 2000, and every school bus used in this State on or after September 1, 2002, shall be equipped with exterior reflective markings as follows:

(1) the rear of the school bus shall be marked with reflective material to outline the perimeter of the back of the school bus and of the rear emergency exit;

(2)

(i) the school bus shall have a horizontal application of strips of reflective material, not less than 13/4 inches wide, above the rear windows, and above the rear bumper from the edges of the rear emergency exit door to both corners of the school bus with vertical strips of reflective material at each corner connected to the horizontal strips;

(ii) the rear emergency exit shall be outlined around its outside perimeter with strips of reflective material, not less than 2.5 centimeters in width;

(3) the school bus shall have a horizontal application of strips of reflective material, not less than 13/4 inches wide, the entire length of the sides of the school bus body and located equidistant between the floorline and the beltline of the bus; and

(4) reflective material may be applied to the front and rear bumpers of school buses. If it is applied, such reflective material shall be between 13/4 and 21/4 inches wide applied thereto at a 45 degree angle to the center line of the road surface. There shall be a two-inch wide nonreflective strip between each strip of reflective material.

(b) Reflective material. Reflective material shall mean reflective material as set forth in 17 NYCRR 720.4(n)(2).

(c) School bus, as used in this section, is defined in section 142 of the Vehicle and Traffic Law, but shall only apply to buses used to transport 10 or more passengers.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 46.13 Signs for school bus photo violation monitoring systems

(a) A school bus meeting the requirements of section 375 (21-j) of the vehicle and traffic law may be equipped with signs, placards or other displays giving notice to approaching motor vehicle operators that school bus photo violation monitoring systems are in use.

(b) Such signs, placards or other displays must:

(1) indicate that school bus photo violation monitoring systems are in use;

(2) be in a typeface of a size and color as determined by the school district;

(3) be such size and shape as determined by the school district; and

(4) be placed on the school bus in any location or locations that are selected by the school district, provided that such signs, placards or other displays do not obscure or block the license plates, lights, signals or any other required equipment or reflective markings on said school bus.

History

Adopted New York State Register March 2, 2022/Volume XLIV, Issue 09, eff. 3/2/2022

Part 47 Splash Guards

N.Y. Comp. Codes R. & Regs. Tit. 15 § 47.1 Introduction

(a) Subdivision 25 of section 375 of the Vehicle and Traffic Law provides that it shall be unlawful to operate on any public highway or street in New York State, any commercial motor vehicle, combination of a commercial motor vehicle and trailer or combination of a truck-tractor and semitrailer without being equipped with splash guards and stone deflectors.

(b) For the purposes of this Part, the term splash guard shall be deemed to refer to splash guards and stone deflectors.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 47.2 Vehicles subject to law

(a) The rearmost wheels of the following vehicles or combinations are required to be equipped with splash guards:

(1) commercial trucks;

(2) combinations of a commercial truck and trailer, and including a utility or house trailer drawn by a commercial truck;

(3) combinations of a tractor and semitrailer; and

(4) tractors operating without a semitrailer.

(b) The following vehicles or combinations are not required to be equipped with splash guards:

(1) Combinations of passenger car and trailer.

(2) Suburban vehicles or station wagons.

(3) Vehicles or combinations designated as "special purpose commercial" motor vehicles, and registered under schedule F of subdivision 7 of section 401 of the Vehicle and Traffic Law.

(c) Splash guards are not required on vehicles so designed and constructed that the requirements set forth in section 47.3 of this Part are accomplished by reason of fender or body construction or other means of enclosure.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 47.3 Placement

Splash guards required by subdivision 25 of section 375 of the Vehicle and Traffic Law and these regulations, shall be affixed to the vehicle in such a way that the distance from the lower end of the splash guard to the ground shall not exceed one third of the distance, measured along the ground from the bottom of the splash guard to the point of contact of the rear wheel.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 47.4 Construction and material

(a) Splash guards shall be designed and constructed so that they will, by baffle or construction, bar water and road surface substances from being thrown by the rearmost wheels beyond the extreme rear of the vehicle or combination of vehicles and shall also be designed, constructed or attached in a manner so as to minimize side spray from the splash guard. Such splash guards should be mounted as far to the rear of the vehicle as possible in order to minimize such side spray, but in any event they must meet the specifications set forth in section 47.3 of this Part.

(b) Any material used in a splash guard shall be of a substantial nature. If metal is used in such construction the splash guard must either be positioned in such a manner as to direct solids toward the ground or should be coated with a soft substance so as to prevent solid material from being deflected to the side of the vehicle.

(c) If the splash guard is constructed of a flexible material it must, nevertheless, have a fair degree of rigidity. Every splash guard shall be constructed of a material of sufficient rigidity that it will retain its protective position at normal vehicle speed.

(d) A splash guard conforming to the contour of the wheel and tire, and meeting the specifications set forth in section 47.3 of this Part will satisfy the requirements of this Part, but such a contour guard is not required.

(e) Splash guards must be attached to the vehicle in a secure manner and some means must be provided to prevent the splash guard from wearing unduly at the points at which the guard is fastened to the vehicle.

(f) Splash guards may be constructed of a perforated material provided they otherwise comply with the requirements of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 47.5 Width

The width of a splash guard shall not be less than the outside width of the tire or combination of tires, but should not extend beyond the side of the vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 47.6 Exemptions

Vehicles or combinations, subject to these regulations, operated by a manufacturer, transporter, dealer, or his agents or employees, and which are being transported for the purpose of weighing, testing, dismantling, transporting or delivering the same, or for the purpose of moving such vehicles in connection with making installations thereon, or improvements or repairs thereto, must be equipped with splash guards, but these may be attached to the vehicle in other than a permanent manner.

Part 48 Transportation Of Logs And Other Materials

N.Y. Comp. Codes R. & Regs. Tit. 15 § 48.1 Transportation of logs and other materials

The Commissioner of Motor Vehicles adopts 17 NYCRR section 820.5 as it relates to rules for protection against shifting or falling cargo for all vehicles.

Part 49 Seat Safety Belts And Shoulder Harness Safety Belts

N.Y. Comp. Codes R. & Regs. Tit. 15 § 49.1 Introduction

New York has always been a leader in requiring seat belts in vehicles. Since 1962, certain types of vehicles have been required to have seat belts. Other states and the Federal government have also seen fit to follow New York by regulating in this area. New York believes it desirable to have nationwide uniformity. It is in that spirit that this Part is promulgated.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 49.2 1974 and newer vehicles

(a) Every 1974 and newer motor vehicle offered for sale in New York State shall be equipped with seat safety belts and shoulder harness safety belts if required as original equipment or as a condition of importation by Federal law or regulation. This Part shall not apply to those motor vehicles equipped with passive restraint systems (air bags), which conform to Federal motor vehicle safety standard 208 in all respects.

(b) Every seat safety belt and every shoulder harness safety belt shall comply in all respects with Federal motor vehicle safety standards 208, 209 and 210 (49 C.F.R. 571.208, 571.209 and 571.210), as they exist on the day such restraining device is manufactured. This shall apply to both original equipment and replacement equipment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 49.3 1973 and older vehicles

Every 1973 and older motor vehicle required to have seat safety belts by section 383 of the Vehicle and Traffic Law shall have seat safety belts which conform to the requirements of this Part as it existed on September 30, 1974. This Part shall not apply to those motor vehicles not registered pursuant to the provisions of subdivision (6) of section 401 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 49.4 Procedures for securing approval

(a) Two samples of safety belts, including attachment settings, labeled package or container and instructions for installing, shall be shipped, postage prepaid, to the Commissioner of Motor Vehicles, Empire State Plaza, Albany, N.Y. 12228, together with a certification and report of testing results from any unbiased laboratory acceptable to the commissioner, that the assembled safety belt meets with the statutory requirements of section 383 of the Vehicle and Traffic Law and this Part.

(b) In lieu of approval under subdivision (a) of this section, approval shall be deemed to be granted upon the receipt by the Commissioner of Motor Vehicles of a certificate of equipment approval issued by the American Association of Motor Vehicles Administrators to the Commissioner of Motor Vehicles, Bureau of Automotive Safety Standards, Empire State Plaza, Albany, N.Y. 12228.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 49.5 Changes in approval requirements

The Commissioner of Motor Vehicles, in his discretion, reserves the right to alter or change the requirements or specifications or to require additional or supplementary tests at any time. The commissioner further reserves the right to require the manufacturer to submit laboratory reports on verification tests on samples selected by the commissioner from manufacturer's or distributor's stock. If any such report discloses any unwarranted deviation in material, design, construction or performance, the commissioner may revoke the approval. Approval may be withdrawn at any time and for any cause deemed reasonable by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 49.6 School buses

(a) Every motor vehicle used for the transportation of children to and from public or private schools shall be equipped with seat safety belts approved by the commissioner for each occupant if (1) it has a seating capacity of 12 school children or less, or (2) it has a gross vehicle weight rating of 10,000 pounds or less and was first placed in service on or after September 1, 1977. In addition, after September 1, 1990, every motor vehicle used for the transportation of children to and from public or private schools shall be equipped with seat safety belts approved by the commissioner for each occupant if it has a gross vehicle weight rating of 10,000 pounds or less, regardless of date of first use. (Gross vehicle weight rating means the value specified by the manufacturer as the loaded weight of a vehicle.)

(b) Every motor vehicle used for the purpose of transporting children to and from public or private schools shall be equipped with a seat safety belt approved by the commissioner for the driver of such vehicle.

(c) Any seat safety belt installed pursuant to the provisions of subdivision (b) of this section shall be attached to the floor of such vehicle in a location which will withstand the required stress, except that if the vehicle is equipped with a seat pedestal which has been engineered and installed to withstand such stress, the seat safety belt may be attached to such pedestal. Such belt must be installed in a manner which will prevent the ends of the belt from falling into the passenger compartment.

(d) The provisions of this section shall apply only to vehicles owned or leased by such school districts and nonpublic schools, and to vehicles used to perform contracts with such school districts and nonpublic schools for the purpose of transporting school children for hire.

Part 50 Protective Helmets For In-line Skaters, Bicyclists And Operators Of Scooters

N.Y. Comp. Codes R. & Regs. Tit. 15 § 50.1 Helmet standards for bicyclists, in-line skaters and operators of scooters

The Commissioner of Motor Vehicles adopts the following sections of title 16 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length: part 1203.1, and parts 1203.4 through 1203.17. These standards shall apply to persons required to wear helmets as set forth in section 1238 of the Vehicle and Traffic Law. These standards shall apply to helmets purchased on or after January 5, 2000.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 50.2 Incorporation by reference

The provisions of the Code of Federal Regulations, which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the booklet entitled Code of Federal Regulations, title 16, parts 1203.1, and parts 1203.4 through 1203.17, revised as of March 10, 1999, published by the Office of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, 41 State Street, Albany, NY 12231-0001, at the Supreme Court Libraries, the Legislative Library, the New York State Department of Motor Vehicles, Office of Counsel, Swan Street Building, Albany, NY 12228. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

Part 51 Tires

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.1 Introduction

Subdivision 35 of section 375 of the Vehicle and Traffic Law provides that after January 1, 1971, the Commissioner of Motor Vehicles may establish standards for the manufacture, regrooving or retreading of tires which are produced or sold in this State, and for the use of tires on vehicles operated in this State. Section 145-d requires the Commissioner of Motor Vehicles to promulgate regulations defining the term snow tire in regard to non-radial tires.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.2 Standards for new passenger car tires

(a) No tire shall be manufactured in New York State for use on 1948 or later model passenger cars unless such tire conforms to Federal motor vehicle safety standard number 109.

(b) No tire shall be distributed, offered for sale or sold in this State for use on 1948 or later model passenger cars unless such tire when manufactured conformed to Federal motor vehicle safety standard number 109.

(c) No person shall sell any new passenger car tire mounted on a rim unless such rim is selected in accordance with Federal motor vehicle safety standard number 110.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.3 Regrooved tires

(a) No person, firm, association or corporation shall sell, offer or expose for sale or have in his possession with intent to sell, any motor vehicle tire or motorcycle tire which has been recut or regrooved. Except that there shall be no prohibition against the sale of regrooved or recut commercial vehicle tires which are designed or constructed in such a manner that regrooving or recutting is an acceptable and safe practice. A violation of this section shall constitute a misdemeanor. (General Business Law, §391.)

(b) Any tire which is regrooved shall meet the following standards:

(1) The tire being regrooved shall be a regroovable tire which is a tire, either original tread or retread, designed and constructed with sufficient tread material to permit renewal of the tread pattern or the generation of a new tread pattern in a manner conforming to this regulation.

(2) After regrooving, cord material below the grooves shall have a protective covering of tread material at least 3/32 inches thick.

(3) After regrooving, the new grooves generated into the tread material and any residual original molded tread groove which is at or below the new regrooved depth, shall have a minimum of 90 linear inches of tread edges per linear foot of tire circumference.

(4) After regrooving, the new groove width generated into the tread material shall be a minimum of 3/16 inch and a maximum of 5/16 inch.

(5) After regrooving, all new grooves cut into the tread shall provide unobstructed fluid escape passages.

(6) After regrooving, the tire shall not contain any of the following defects, as determined by a visual examination of the tire either mounted on the rim, or dismounted, whichever is applicable:

(i) cracking which extends to the fabric;

(ii) groove cracks or wear extending to the fabric; or

(iii) evidence of ply, tread or sidewall separation.

(c) The above standards shall apply to any person who regrooves tires and sells or offers for sale or leases them to owners or operators of motor vehicles, and any person who regrooves his own tires for use on motor vehicles.

(d) Siped tires. No person shall lease, sell, offer or expose for lease or sale, or have in his possession with intent to lease or sell siped tires produced by cutting the tread surfaces of a regrooved or regroovable tire without removing rubber, if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original tread, or regrooved groove depth.

(e) Labeling of regroovable tires. After January 1, 1972 each tire designed and constructed for regrooving shall be labeled on both sidewalls with the word "Regroovable" molded on or into the tire in raised or recessed letters.25 to.040 inches. The word "Regroovable" shall be in letters 0.38 to 0.50 inches in height and not less than four inches and not more than six inches in length. The lettering shall be located in the sidewall of the tire between the maximum section width and the bead in an area which will not be obstructed by the rim flange.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.5 Tire use

(a) No motor vehicle, motorcycle or trailer (including a semi-trailer) shall be operated upon the public highways of this State on any tire having:

(1) A fabric break, or a cut in excess of one inch in any direction as measured on the outside of the tire and deep enough to reach the body cords, or has been repaired temporarily by the use of blowout patches or boots; or

(2) any bump, bulge or knot related to separation or partial failure of the tire structure; or

(3) any portion of the ply or cord structure exposed; or

(4) a portion of the tread design completely worn, provided such worn portion is of sufficient size to effect the traction and stopping ability of the tire.

(5) markings "not for highway use" or words of similar intent, or "for racing purposes only".

(6) wear to the point where less than 2/32 of an inch tread groove pattern depth remains at both points of which gauge readings are required by section 51.6 of this Part.

(b) Any tire on the front wheels of a bus, truck with a maximum gross weight in excess of 10,000 pounds or truck-tractor shall have a tread groove pattern depth of at least 4/32 of an inch when measured at both points at which gauge readings are required by section 51.6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.6 Method of measuring tread groove pattern depth

Tire tread groove pattern depth shall be measured by a tread depth gauge of a type calibrated in thirty-seconds of an inch. Readings shall be taken in a major tread groove of the tire nearest to the center at two points of the circumference not closer than 15 inches. Readings for a tire which has a tread groove pattern running across the tire or for a siped tire, where such tread groove pattern is permitted, shall be taken at or near the center of the tire at two points of the circumference not closer than 15 inches.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.7 Exemptions

Farm vehicles registered under subdivision 13 of section 401 of the Vehicle and Traffic Law, self-propelled combines, selt-propelled corn and hay harvesting machines and tractors used exclusively for agricultural purposes are exempt from the provisions of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 51.8 Snow tires

(a) The following are considered snow tires:

(1) any radial tire (a radial tire is a tire in which the ply cords extending to the beads are nearly at right angles to the center line of the tread); or

(2) any tire which (a) has tread which has ribs, lugs, blocks or buttons arranged in a generally discontinuous pattern; (b) when inflated, has a substantial portion of the lug, block, or rib edges in the tread design at an angle greater than 30 degrees to the tire circumferential center line; and (c) on at least one side of the tread design, has shoulder lugs that protrude at least one-half inch in a direction generally perpendicular to the direction of travel.

(b) It shall be presumptive evidence that any tire labelled by the manufacturer on the sidewall with the words "mud and snow" or any contraction using the letters "M" and "S" (e.g., MS, M/S, M-S or M&S) is a snow tire which meets the requirements of paragraph (2) of subdivision (a) of this section.

Part 52 Traffic Hazard Warning Devices

N.Y. Comp. Codes R. & Regs. Tit. 15 § 52.1 Introduction

Subdivision 18-a of section 375 of the Vehicle and Traffic Law requires that every motor vehicle registered in this State and manufactured or assembled after June 30, 1965, and designated as a 1966 or subsequent year model, shall be equipped with a vehicular traffic hazard warning device approved by the commissioner. For the purposes of this Part, such a device shall be a separate, driver controlled unit which causes the front and rear directional signals to flash simultaneously as a vehicular traffic hazard warning.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 52.2 Specifications and requirements

Such device must meet the following requirements:

(a) It must operate independently of the ignition switch.

(b) It must either operate independently of the turn signal unit, or if it is combined with that unit its method of operation must be different from that unit.

(d) It must have a pilot indicator light which flashes only when the device is in use.

(e) A turn signal indicator having two separate pilot indicators may be used as the pilot hazard warning indicator, and this would not be considered as being contrary to the foregoing subdivision. Both indicators must flash simultaneously.

(f) In all other cases, a separate flashing indicator must be used, and it must be red in color and at least equivalent in size to a one-half inch diameter circle.

(g) The flasher must be able to flash at least two of the remaining bulbs if one or more bulbs fail.

(h) The flasher must be a variable load flasher or one which accomplishes the same function as a variable load flasher.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 52.3 Requirements for installation

Installation of vehicular traffic hazard warning devices shall be made in accordance with the manufacturer's specifications and directions.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 52.4 Procedure for securing approval

(a) A sample of the vehicular traffic hazard warning device, including instructions for installing, shall be shipped, postage prepaid, to the Commissioner of Motor Vehicles, Albany, New York, together with a certificate and report of testing results from any unbiased laboratory acceptable to the commissioner, that such device meets the requirements of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 52.5 Changes in approval requirements

The Commissioner of Motor Vehicles in his discretion reserves the right to alter or change the specifications or to require additional or supplementary tests at any time. If any such test discloses any unwarranted deviation in material, design, construction or performance, the commissioner may revoke the approval.

Part 53 Brake Linings

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.1 Introduction

On and after January 1, 1966, no brake lining shall be sold, offered for sale or distributed for use on a motor vehicle unless it is approved by the Commissioner of Motor Vehicles in accordance with the regulations established herein.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.2 Definitions

(a) Brake lining. That portion of a motor vehicle braking device which produces friction when pressed against another harder or longer lasting portion of the braking device.

(b) Classification. A category, consisting of and determined by "normal" and "hot" coefficients of friction as set forth in section 53.4 of this Part into which a brake lining or formulation falls and under which an approval is issued.

(c) Formulation. A specified mixture of materials from which brake linings are made and the corresponding sequence of production processing which together determine the characteristics of the brake lining.

(d) Manufacturer.

(1) A person who makes a brake lining, or

(2) A person who distributes or sells a brake lining made by another manufacturer providing such brake lining is sold or distributed by such person under a name different from that under which the brake lining is sold or distributed by the maker and provided that such person submits such brake lining for approval under his own name as manufacturer.

(e) Sale; distribution. Such terms shall have the ordinary meanings ascribed to them except that the transfer of a brake lining from a person who makes a brake lining to a person who is a manufacturer as defined in paragraph (2) of subdivision (d) of this section shall not be considered a sale or a distribution.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.3 Test procedure and records of test

The test procedure for determination of coefficient of friction of brake linings and the change of coefficient of friction with variables of temperature and time shall be the equivalent of the basic procedure used in the brake lining manufacturing industry as described in Recommended Practice SAE J661a of the Society of Automotive Engineers, as last revised. Portions of that test procedure to be employed in tests under this section include the following with the exceptions and additions given:

(a) Description of test apparatus, except that the heating curve characteristic of the friction machine used in the test, based on the change of drum temperature as a function of time when the drum is running free is to be recorded.

(b) Procedure, including preparation, conditionings, and measurements.

(c) Test runs, including base line run, first fade run, first recovery run, wear measurements and runs, second fade run, second recovery run and base line rerun.

(d) Five complete tests, including preparation and conditioning, are to be made for each brake lining submitted for approval except as otherwise provided herein.

(e) Recording of data on recommended master form titled item 7.1 in SAE Recommended Practice SAE J661a, with the additions that:

(1) friction readings should be recorded at the temperature points that are necessary for the calculation of the normal and hot coefficient of friction. Extrapolation between readings taken at times specified in item 7.1 will be allowed to determine values required by subdivisions (b) and (c) of section 53.4;

(2) the name of the operator is to be printed completely and legibly in the space provided and is also to be signed;

(3) the name of the company or firm offering the brake lining for approval, the catalog or formulation designation, and letter code of the purported coefficient of friction classes of the brake lining are to be recorded on the line titled "Material".

(f) Presentation of data on recommended master form--plot sheet--item 7.2 in SAE Recommended Practice SAE J661a, with the additions that:

(1) one plot sheet is to be submitted showing the results of all five tests on one sheet;

(2) plot sheets are to carry legible printed name and signature of the person making the plot, name of the company offering the brake lining for approval, the catalog or formulation designation and letter code of purported coefficient of friction class.

(g) Computation sheets for class coefficient of friction. A computation sheet shall be prepared indicating the values of coefficient of friction which were found at the points prescribed for normal friction and hot friction. The sheet shall also show the prescribed averages of the values for purposes of identifying the classes. This computation sheet shall be a part of the submittal data for approval of brake linings.

(h) Data from each coefficient of friction run shall be recorded to three decimal places. The calculated average shall be rounded off to two decimal places.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.4 Determination of coefficient-of-friction class coding

(a) For purposes of identification of brake linings according to their different friction characteristics, a letter code shall be employed. There shall be two conditions under which coefficients are classified: normal friction and hot friction. The following letter codes shall be used to describe coefficients of friction:

C--Coefficient of friction over 0.05 but not over 0.15.

D--Coefficient of friction over 0.15 but not over 0.25.

E--Coefficient of friction over 0.25 but not over 0.35.

F--Coefficient of friction over 0.35 but not over 0.45.

G--Coefficient of friction over 0.45 but not over 0.55.

H--Coefficient of friction over 0.55.

(b) The coefficient of friction of each lining shall be identified by two consecutive letters, the first to represent the defined level of normal friction and the second letter to represent the defined level of hot friction.

(c) The normal friction coefficient is that coefficient which is the numerical average of the four points located at 200, 250, 300 and 400F on the second fade curve of the plot sheet on which the average of five test runs is plotted.

(d) The hot friction coefficient is that coefficient which is the numerical average of the following 10 points on that plot sheet on which the average of five tests is plotted: points at 400 and 300F on the first recovery run; points at 450, 500, 550, 600 and 650F on the second fade run; points at 500, 400 and 300F on the second recovery run.

(e) If any temperature point or points required to calculate friction coefficients are not reached in the prescribed time limit, the coefficient of friction value at 10 minutes shall be used to give the full number of points required.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.5 Requirements for approval

(a) No brake lining shall be approved which:

(1) has a normal friction coefficient below that of code class E, or

(2) has a hot coefficient below that of code class D, or

(3) exhibits a coefficient of friction below 0.150 on any of the five tests at any of the following points:

(i) between 200F and 550F inclusive on the second fade run,

(ii) between 300F and 200F inclusive on the second recovery run.

(b) No lining shall be approved which exhibits more than a 20 per cent or.050 variation of coefficient of friction, whichever is greater, below the average value of all five tests at each temperature point specified in paragraph (3) of subdivision (a) of this section.

(c) Approval of a brake lining as being in a specific coefficient of friction class does not constitute approval by the commissioner for installation of that lining in all vehicles or in any particular make or model of vehicle unless specifically stated. Brakes of different types require different levels of coefficient of friction which can be categorized among the levels adopted. The coefficient of friction classes do not substitute for the use of matched sets for particular installations.

(d) The requirements of this section may be waived at the discretion of the commissioner with respect to brake linings for special purpose vehicles or unusual brake designs subject to such conditions which will assure safety as the commissioner may prescribe in each specific case.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.6 Identification requirements

(a) Every brake lining sold, offered for sale or distributed in New York State must be identified to show the manufacturer, coefficient of friction classification, and the catalog or formulation designation of such brake lining.

(b) Brake linings, whether in an unmounted or bulk supply form, mounted on brake shoes or pads or as brake blocks, shall be indelibly marked with good contrast on an external, noncontacting surface in letters not less than seven sixty-fourths (0.109375) inch in height where a lining is one-eighth (0.125) inch or greater in thickness, or no more than one-sixteenth (0.0625) inch less than the thickness of the lining where the lining thickness is less than one-eighth (0.125) inch, with numbers and code letters giving the name under which approved, the catalog or formulation number, and code letters indicating the coefficient of friction classification of the lining, in that order. The name shall be abbreviated by not less than two letters. The required identification shall be placed on every brake lining. The commissioner may, upon request, permit deviation from any of the requirements contained in this subdivision if he finds, in his discretion, that compliance with such requirements would be impracticable.

(c) The commissioner upon request and under terms and conditions prescribed by him may permit the use of an identification code different from the identification requirements prescribed herein for brake linings manufactured in a foreign nation in which an identification code different from that prescribed herein has been adopted as a national system in the country in which such brake linings are manufactured.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.7 Test reports and certification

(a) Test reports submitted to the commissioner for the purpose of securing approval of a formulation must consist of the results of tests made on five samples and must contain the classification of the formulation as specified in section 53.4. Such report must contain a certification as to the accuracy of the report and that the materials tested comply with the requirements of this Part. Such certification must be made by an independent testing agency, approved by the commissioner, which either physically conducted or observed at least two of the tests and testing equipment even though such tests were physically conducted by the manufacturer, employees of the manufacturer or other persons.

(b) Prior to January 1, 1967, test reports submitted to the commissioner for the purpose of securing interim approval of a formulation may be certified by a manufacturer who conducts the tests, provided such tests were conducted after July 1, 1965.

(c) If interim approval of a formulation has been obtained pursuant to the procedure specified in subdivision (b) of this section, permanent certification may be obtained by submitting two additional test reports certified by an independent testing agency, approved by the commissioner, which either physically conducted or observed the two tests and testing equipment. Such tests shall be used in conjunction with the five tests previously submitted, and the results of the seven tests must meet the requirements of subdivisions (a) and (b) of section 53.5 before permanent approval will be issued.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.8 Procedure for securing approval

(a) A manufacturer desiring to secure approval of a formulation shall propose a manufacturer's identification to the commissioner prior to submitting a request for approval. If a manufacturer has already been assigned such an identification, he need not request a new identification, but should use such identification already assigned to him.

(b) The manufacturer shall submit to the Commissioner of Motor Vehicles, Albany, New York, postage prepaid, a test report certified as required in section 53.7 of this Part, together with a sample of a brake lining manufactured from such formulation identified as required by section 53.6 of this Part.

(c) If the commissioner finds that the formulation meets the requirements of this Part after receipt of the test report and sample, a notice of approval of the formulation will be issued. Such approval will approve that formulation within the coefficient of friction classification for which it was submitted and will apply to any properly identified brake lining made from such formulation unless otherwise specifically indicated.

(d) In lieu of approval under subdivisions (a), (b) and (c) of this section, approval shall be deemed to be granted upon the receipt by the Commissioner of Motor Vehicles of a certificate of equipment approval issued by the American Association of Motor Vehicle Administrators to the Commissioner of Motor Vehicles, Bureau of Technical Assessment, Empire State Plaza, Albany, N.Y. 12228.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.9 Changes in approval requirements

The Commissioner of Motor Vehicles at his discretion reserves the right to alter or change the requirements or specifications or to require additional or supplementary tests at any time. The commissioner further reserves the right to require the manufacturer to furnish without charge a reasonable number of samples selected by the commissioner from manufacturer's, distributor's or retailer's stocks for verification of test reports. The cost of verification tests shall be borne by the manufacturer. If any such report discloses any unapprovable deviation from the standards on which the approval was based, the commissioner may, upon due notice to the manufacturer, revoke the approval. Approval may be withdrawn at any time and for any cause deemed reasonable by the commissioner, or the commissioner may require new approvals at any time he deems necessary or reasonable.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.10 Provisions relating to certain original equipment brake linings

(a) Original equipment brake linings manufactured or distributed prior to July 1, 1966, mounted on vehicles designated as 1967 or prior year models are exempt from the identification requirements of this Part.

(b) Original equipment brake linings mounted on vehicles manufactured prior to July 1, 1966, and designated as 1966 or prior year models may be approved for the specific model vehicle on which such brake linings are mounted based upon road tests of such lining on such vehicle. If the same brake lining is used as a replacement lining on the same model vehicle, and approval under this section will also apply to such specific replacement use. Such road test must be conducted in compliance with SAE Recommended Practice J843d for passenger cars or J786 for trucks and buses, recording the following additions:

(1) manufacturer's name and the formulation number of the lining; and

(2) maximum weight carrying capacity of the vehicle as defined in the owners manual or sales specification, whichever is higher.

(c) Approval will be granted on submission of evidence that performance data meets the requirements of SAE Recommended Practice J937b.

(d) Certification of the accuracy of such test results may be made by the manufacturer or an independent testing agency.

(e) The commissioner, in his discretion, may accept vehicle test reports other than those specified in subdivision (b) of this section upon submission of evidence that the tests submitted closely approximate the tests specified in subdivision (b) of this section and that it would be physically impracticable to comply with the test requirements of subdivision (b). Approval may be granted based upon such tests if, in the discretion of the commissioner, the performance data meets the equivalent of the requirements of SAE Recommended Practice J937b.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.11 Provisions relating to certain after-market brake linings

(a) Aftermarket brake linings manufactured or distributed prior to July 1, 1966, may meet the identification requirements of this Part by having the necessary information specified in section 53.6 of this Part affixed on the face of the brake lining, or while such brake linings are in the original box or container, on such box or container.

(b) The lack of identification as required in section 53.6 or subdivision (a) of this section on any after-market brake lining manufactured or distributed prior to July 1, 1966, shall be presumptive evidence that such brake lining has not been approved. Such presumption may be overcome by certification from the manufacturer of the lining that such lining was produced from a formulation which is approved, indicating the formulation number from which such lining was produced and the date such formulation was approved.

Part 54 Protective Helmets, Goggles, Face Shields, Light Transmittance for Motor Vehicle Windows and Windshields and Wind Screens for Motorcycles

General General

N.Y. Comp. Codes R. & Regs. Tit. 15 § 54.1 Introduction

(a) The operation of motorcycles has been found to result in a high incidence of disabling personal injuries. The effects of such injuries extend beyond the person injured to the family of the person injured and to the people of this State. Any disabling personal injury may have an economic impact on the public by requiring the furnishing of medical, rehabilitative or welfare aid or assistance. Therefore, the prevention or mitigation of injuries resulting from the more common types of motorcycle accidents by the use of protective helmets, goggles, face shields or wind screens is deemed to be a legitimate concern of this State.

(b) Chapter 979 of the Laws of 1966 provides that the Commissioner of Motor Vehicles shall establish specifications with respect to protective helmets, goggles, face shields and wind screens for motorcycles, and that on and after January 1, 1967, no protective helmet, goggles, or face shield may be sold, offered for sale or distributed for use on a motorcycle, unless such device is approved by the Commissioner of Motor Vehicles in accordance with the regulations established herein.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 54.2 Definitions

(a) Protective helmet. A device primarily intended to protect the upper part of the wearer's head against a blow.

(b) Goggles or face shield. An eye protection device as defined in American National Standard Institute's Z87.1 as most recently amended.

(d) Wind screen. A device mounted on a motorcycle forward of the rider designed to deflect wind and/or small flying objects from the body and face of the rider.

Wind screens Wind Screens

N.Y. Comp. Codes R. & Regs. Tit. 15 § 54.21 Requirements for approval

No wind screen shall be used unless the visual material meets the requirements set forth in Federal Motor Vehicle Safety Standards of 49 Code of Federal Regulation standard 571.205 Glazing Materials.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 54.32 Procedure for securing approval

(a) A manufacturer desiring to secure approval of protective goggles or face shields shall submit to the Commissioner of Motor Vehicles, Albany, New York, postage prepaid, a test report certified as required by this Part.

(b) Approval shall be deemed to be granted upon the receipt by the Commissioner of Motor Vehicles of a certificate of equipment approval issued by the Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), 1101 - 15th Street, NW, Suite 607, Washington, DC 20005-5020 to the Commissioner of Motor Vehicles, Bureau of Technical Assessment, Empire State Plaza, Albany, NY 12228.

(c) The provisions of the American National Standard Institute Z87.1 which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the booklet entitled: American National Standard, Occupational and Educational Personal Eye and Face Protection Devices, ANSI Z87.1-2003, revised as of August 2003, published by the American Society of Safety Engineers. The provisions of the Code of Federal Regulations, title 49, parts 571.205 and 571.218, revised as of October 1, 2003, published by the U.S. Government Printing Office via GPO Access, have also been incorporated by reference and have been filed with the Secretary of the State of New York. The standard and regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Motor Vehicles, Office of Counsel, 6 Empire State Plaza, Albany, NY 12228. The standard may be purchased from the American Society of Safety Engineers, 1800 East Oakton Street, Des Plaines, IL 60018- 2187. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 54.33 Changes in approval requirements

The Commissioner of Motor Vehicles, at his discretion, reserves the right to alter or change the requirements specifications or to require additional or supplementary tests at any time. The commissioner further reserves the right to require the manufacturer to furnish without cost a reasonable number of samples selected by the commissioner from manufacturers', distributors', or retailers' stock for verification reports. The cost of verification tests shall be borne by the manufacturer. If any such report discloses any unapprovable deviation from the standards upon which the approval was based, the commissioner may, upon due notice to the manufacturer, revoke the approval. Approval may be withdrawn at any time and for any cause deemed reasonable by the commissioner or the commissioner may require new approvals any time he may deem necessary or reasonable.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 54.40 Light Transmittance Standards for Motor Vehicle Windows and Windshields

(a) The front windshield below the top 6 inches shall not have a light transmittance of less than 70 percent for 1992 and newer vehicles or 35 percent light transmittance for 1991 and older vehicles.

(b) The windows on either side forward or adjacent to the driver's seating position shall not have a light transmittance of less than 70 percent for 1992 and newer vehicles or 35 percent light transmittance for 1991 and older vehicles.

(c) Any rear side windows in a 1992 or newer vehicle shall not have a light transmittance of less than 70 percent if the vehicle is classified as a station wagon, sedan, hardtop, coupe, hatchback or convertible. A vehicle is so classified if it is labeled "Passenger Car" on the Federal ID label found on the left front door panel.

(d) For vehicles that are not equipped with a side-view mirror on both sides of the vehicle, the rear windshield shall not have a light transmittance of less than 70 percent for 1992 and newer vehicles or 35 percent light transmittance for 1991 and older vehicles.

History

Adopted New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

Part 55 Padded Equipment

N.Y. Comp. Codes R. & Regs. Tit. 15 § 55.1 Definitions

For the purpose of this Part, the following terms shall have the following meanings:

(a) Designated seating capacity. The number of designated seating positions provided.

(b) Designated seating position. Any plan view lateral location intended by the manufacturer to provide seating accommodation for a person at least as large as a fifth percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats.

(c) Fifth percentile adult female. A person possessing the dimensions and weight of the fifth percentile adult female specified for the total age group in Public Health Service Publication No. 1000, Series 11, No. 8, Weight, Height and Selected Body Dimensions of Adults.

(d) "H" point. The mechanically hinged hip point of a manikin which simulates the actual pivot center of the human torso and thigh, described in SAE Recommended Practice J826, Manikins for Use in Defining Vehicle Seating Accommodations, November 1962.

(e) Head impact area. All nonglazed surfaces of the interior of a vehicle that are statically contactable by a 6.5-inch diameter spherical head form of a form of a measuring device having a pivot point to "top-of-head" dimension infinitely adjustable from 29 to 33 inches in accordance with the following procedure, or its graphic equivalent:

(1) At each designated seating position, place the pivot point of the measuring device:

(i) for seats that are adjustable fore and aft, at:

(a) the seating reference point; and

(b) a point five inches horizontally forward of the seating reference point and vertically above the seating reference point, an amount equal to the rise which results from a five-inch forward adjustment of the seat or 0.75 inch; and

(ii) for seats that are not adjustable fore and aft, at the seating reference point.

(2) With the pivot point to "top-of-head" dimension of each value allowed by the device and the interior dimensions of the vehicle, determine all contact points above the lower windshield glass line and forward of the seating reference point.

(3) With the head form at each contact point, and with the device in a vertical position if no contact point exists for a particular adjusted length, pivot the measuring device forward and downward through all arcs in vertical planes to 90° each side of the vertical longitudinal plane through the seating reference point, until the head form contacts an interior surface or until it is tangent to a horizontal plane one inch above the seating reference point, whichever occurs first.

(f) Instrument pane. That structure between the front seats and the windshield, above, but not attached to, the floor and toe pan, between the forward door posts, except the steering column and attachments thereto.

(g) Motor vehicle. Every motor vehicle as defined by section 125 of the Vehicle and Traffic Law, except motorcycles.

(h) Multi-purpose passenger vehicle. A motor vehicle designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

(i) Passenger car. A motor vehicle, except a multi-purpose passenger vehicle, designed for carrying 10 persons or less.

(j) Pelvic impact area. That area of the door or body side adjacent to any outboard designated seating position which is bounded by horizontal planes 7 inches above and 4 inches below the seating reference point and vertical transverse planes 8 inches forward and 2 inches rearward of the seating reference point.

(k) Seating reference point. The manufacturer's design reference point which:

(1) establishes the rearmost normal design driving or riding position of each designated seating position in a vehicle;

(2) has coordinates established relative to the designated vehicle structure;

(3) simulates the position of the pivot center of the human torso and thigh; and

(4) is the reference point employed to position the two dimensional templates described in SAE Recommended Practice J826, Manikins for Use in Defining Vehicle Seating Accommodations, November 1962.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 55.2 Specifications and requirements for padded instrument panels

When that area of the instrument panel that is within the head impact area is impacted by a 15-pound, 6.5 inch diameter head form at a relative velocity of 15 miles per hour, the deceleration of the head form shall not exceed 80g continuously for more than 3 milliseconds.

(a) Exceptions. This standard does not apply to:

(1) console assemblies;

(2) areas less than 5 inches inboard from the juncture of the instrument panel attachment to the body side inner structure;

(3) areas closer to the windshield juncture than those statically contactable by the head form with the windshield in place;

(4) areas outboard of any point of tangency on the instrument panel of a 6.5- inch diameter head form tangent to an inboard of a verticle longitudinal plane tangent to the inboard edge of the steering wheel; or

(5) areas below any point at which a vertical line is tangent to the rearmost surface of the panel.

(b) Demonstration procedures. Tests shall be performed as described in Society of Automotive Engineers recommended Practice J921, Instrument Panel Laboratory Impact Test Procedure, June 1965, using the specified instrumentation or instrumentation that meets the performance requirements specified in Society of Automotive Engineers Recommended Practice J977, Instrumentation for Laboratory Impact Tests, November 1966, except that:

(1) the origin of the line tangent to the instrument panel surface shall be a point on a transverse horizontal line through a point 5 inches horizontally forward of the seating reference point of the front outboard passenger designated seating position, displaced vertically an amount equal to the rise which results from a 5-inch forward adjustment of the seat or 0.75 inches; and

(2) direction of impact shall be either:

(i) in a vertical plane parallel to the vehicle longitudinal axis; or

(ii) in a plane normal to the surface at the point of contact.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 55.3 Specifications and requirements for padded visors and padded visor holders

(a) Every motor vehicle shall be equipped with two sun visors constructed of or covered with energy-absorbing material.

(b) Each sun visor holder or mounting shall present no rigid material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5 inch diameter head form.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 55.4 Approval

It shall not be necessary to submit samples to secure formal approval of padded visors, visor holders and padded instrument panels fom the Commissioner of Motor Vehicles. Any such padded visor, visor holder, or padded instrument panel shall be deemed approved by the commissioner upon receipt of a certificate from the manufacturer that such items of equipment meet the standards and performance criteria of this regulation, or those promulgated by the United States Department of Transportation. Manufacturers shall conduct appropriate performance testing in a facility acceptable to the commissioner to assure that such equipment meets the requirements of this regulation. A report containing the performance data as demonstrated by such testing shall be submitted to the department for review. The failure to submit such report may result in cancellation of the approval of such equipment in this State.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 55.5 Effective date

This regulation shall take effect immediately and shall apply to all passenger cars manufactured or assembled after January 1, 1968. These regulations shall take effect with respect to other motor vehicles when the United States Department of Transportation, pursuant to the National Traffic and Motor Vehicle Safety Act, promulgates identical standards for such vehicles.

Part 56 Safety Equipment Exemptions

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.1 Introduction

Section 220 of the Vehicle and Traffic Law authorizes the commissioner to permit the installation and use of equipment which he determines will reduce accidents, injuries and fatalities or otherwise contribute to highway safety, notwithstanding any other provision of law. The commissioner is further authorized to establish standards for the manufacture and use of any equipment for which such an exemption is granted. Equipment specified in the following sections of this Part has been determined by the commissioner to contribute to highway safety, and the exemptions specified are granted to such equipment, subject to any standards specified therein.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.2 Back-up warning devices

Notwithstanding the provisions of subdivision 26 of section 375 of the Vehicle and Traffic Law, the use of a device attached to a vehicle for the purpose of providing an audible warning when the vehicle is backing shall be permitted, even though the audible warning may consist of a gong or a bell sound. Any such device shall only be permitted to be sounded while the vehicle is backing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.4 Safety bumpers on buses

(a) Notwithstanding subdivision 3 of section 385 of the Vehicle and Traffic Law, buses may exceed the legal length limitation by up to one foot in the front and up to one foot in the rear if the overage is caused solely by safety bumpers.

(b) A safety bumper is defined as a device which may be fitted on an existing bumper on which is the bumper and which is so designed and constructed that its primary purpose is to absorb energy in event of a crash.

(c) Nothing in this Part shall be construed as allowing the body of a bus, excluding safety bumpers, to exceed the length limit set by section 385 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.5 High-backed padded seats on buses

Notwithstanding the provisions of subdivision 3 of section 385 of the Vehicle and Traffic Law, a bus subject to a length limitation of 35 feet, and which is required to be equipped with, and is equipped with, seats at least 28 inches in height with padded backs in accordance with paragraph 3-a of subdivision 17 of section 142 of the Transportation Law, may exceed such length limitation by 41/2 inches for each row of seats with such padded backs in such bus, except that no such bus shall exceed 40 feet in total length.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.6 Retrofitted side steps on buses

Notwithstanding Part 43 of this Chapter, a bus to which a step has been added to aid passengers in boarding or alighting from the vehicle, and which step causes the bus to become 80 inches or more in width, need not be equipped with front or rear identification lamps or clearance lamps, provided that:

(a) the bus does not exceed 84 inches in width;

(b) attached to the step and facing oncoming traffic is a clear, white or colorless class A reflex reflector of at least three square inches in size; and

(c) attached to the step and facing following traffic is an amber class A reflex reflector of at least three square inches in size.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.7 Width exemption

(a) Safety appurtenances include, but are not limited to rear view mirrors, turn signal lamps, hand holds, door handles, door latches, cables, chain binders, cable hooks, drip rails, awning rails, drip caps, rub rails, grab rails, electrical receptacles, pin pockets, bumper guards, window louvers, window frames, exhaust fans, lifting eyes, portable beds, load induced tire bulge, back-up beepers and safety sensor devices.

(b) Notwithstanding section 385 (1)(a) of the Vehicle and Traffic Law, a commercial vehicle or a bus, other than a school bus, may exceed 102 inches in width by up to 3 inches on either or both sides (6 inches total) if the extra width is caused by safety appurtenances.

(c) Notwithstanding section 385 (1)(d) of the Vehicle and Traffic Law, a school bus may exceed 98 inches in width by up to 3 inches on either or both sides (6 inches total) if the extra width is caused by safety appurtenances.

(d) If a city has acted under the authority of Vehicle and Traffic Law, section 385(1)(e), to limit the width of buses which operate wholly within such city, such local law shall supersede this regulation.

(e) Nothing contained herein shall be construed as allowing the main body of a commercial vehicle or a bus to exceed the width limits set for it in the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.8 Caution arms on vehicles used for selling frozen desserts

(a) Notwithstanding subdivision (1) of section 385 of the Vehicle and Traffic Law, vehicles used for selling frozen desserts may exceed the legal width limitation of 8 feet by up to 18 inches if the overage is caused solely by a caution arm which conforms to Part 69 of these regulations.

(b) Nothing in this Part shall be construed as allowing the body of a vehicle used for selling frozen desserts, excluding a caution arm, to exceed the width limit set by section 385 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.9 Front crossing control arms on certain school buses

(a) Notwithstanding any provisions of sections 375 and 385 of the Vehicle and Traffic Law, the use of a front crossing control arm shall be permitted on school buses painted national school bus chrome.

(b) A front crossing control arm shall only be activated while the vehicle is stopped and engaged in picking up or discharging pupils and shall be used only in accordance with the directions of the Commissioner of Education.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.10 Length exemptions

(a) Notwithstanding section 385 (3)(b) of the Vehicle and Traffic Law, a trailer or semitrailer which is the middle vehicle in a three vehicle combination of vehicles may exceed the statutory length limit of 281/2 feet if the excess length is caused solely by a platform and related supports which serve to hold a fifth wheel to which a semitrailer is attached. Nothing contained herein shall be construed as permitting the cargo capacity of such trailer or semitrailer to exceed 28 1/2 feet in length. Nothing contained herein shall be construed as permitting such trailer or semitrailer, including the fifth wheel assembly designed to accommodate a three vehicle combination, to exceed 48 feet in length, or 53 feet in length if qualified under Vehicle and Traffic Law section 385(3)(e).

(b) Notwithstanding section 385 (3) or (4) of the Vehicle and Traffic Law, any vehicle with a maximum gross weight of 10,000 pounds or more, any combination of vehicles, and any school bus regardless of weight or seating capacity may exceed the statutory length limit by up to one foot in the front or rear or both if the overage is caused by a closed circuit television camera connected to a monitor which gives the driver a better view of the road immediately to the front or rear of the vehicle. Nothing contained herein shall be construed as permitting the main body of such vehicle to exceed the statutory length limit.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.12 School bus strobe light

(a) One white class 2 strobe light may be affixed to a school bus, as defined in section 142 of the Vehicle and Traffic Law, not including vehicles registered as school cars. Such strobe light must comply with Society of Automotive Engineers (SAE) Standard SAE J1318, dated May 1998.

(b) Location of strobe light. The strobe light shall be located on the center line of the bus roof as close as possible to one third of the roof length forward from the rear of the bus. The height of the bus, including such light, shall not exceed 13 feet, 6 inches above the ground.

(c) Operation. The strobe light shall be operated by a master switch with a pilot light visible to the operator. The pilot light shall illuminate when the strobe light is operating. The strobe light shall only be operational when students are being picked up, discharged or transported to or from school or school functions when conditions impede the visibility of the school bus.

(d) Incorporation by reference. The provisions of the Society of Automotive Engineers standard which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed entitled SAE J1318, revised May of 1998. The regulations incorporated by reference may be examined at the Office of the Department of State, 41 State Street, Albany, NY 12231-0001, at the Supreme Court Libraries, the Legislative Library, the New York State and the Department of Motor Vehicles Law Library, Swan Street Building, Albany, NY 12228.

Part 57 Trailer Hitches

N.Y. Comp. Codes R. & Regs. Tit. 15 § 57.1 Introduction

On and after January 1, 1971 every trailer except a semitrailer, while being drawn upon the public highways of this State, shall be attached to the vehicle drawing the same by a device of a type approved by the Commissioner of Motor Vehicles. Accordingly, the commissioner establishes this Part relating to vehicle connecting arrangements used for drawing trailers by mechanical power on the public highways. This Part is not for those arrangements used for drawing another vehicle by means of a tow truck or wrecker or a semitrailer made into a full trailer by means of a converter dolly.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 57.2 Definitions

(a) Chain attaching means means the bolt, hook, pin, hole, eye, clevis, bracket, bar or any other device mounted on and used for anchoring or attaching safety chains to the towed or towing vehicle or hitch.

(b) Coupling means that part of the primary connecting system normally mounted on the trailer, such as a socket, by which the connection is actually made and including the supporting attachment to the trailer frame.

(c) Hitch means that part of the primary connecting system normally mounted on the towing vehicle, such as a ball, and including the supporting platform and those components that extend and are attached to the towing vehicle.

(d) Primary connecting system means the combination of devices and their attaching structures that are normally utilized during towing operations. This includes but is not limited to the ball-and-socket type of connecting or draft means. Note this does not include a safety chain, which is part of a secondary system normally utilized only upon failure of the primary connection.

(e) Safety chains means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicles in the event of failure of the connection provided by the primary connecting system. The term safety chains includes not only chains, cable or wire ropes, or equivalent flexible member, but also any splice clamp, socket, snap, eye, ring, thimble, pin, or other fastening device or forming method which is part of the assembly of any such flexible tension member.

(f) Maximum gross trailer weight means the weight of the trailer plus the weight of cargo, consumables and equipment added.

(g) Gross vehicle weight rating means the maximum design scale weight of a towed vehicle when underway. For trailers, this includes maximum design loading for cargo, consumables and equipment.

(h) Tables 1, 2, 3 and 4 and figures 1, 2 and 3 referred to in this Part are contained in section 57.5.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 57.3 Light service devices and systems

(a) These are for use with trailers not exceeding 10,000 pounds gross weight. This includes but is not limited to such types as the utility, boat, camping, travel and other trailers which are normally towed by the conventional passenger car, or similarly constructed vehicle or light-duty truck. This section is intended basically for the ball-and-socket type of primary connecting system. It is not limited to this type alone.

(b) Light service hitch nomenclature. The following nomenclature has been adopted for uniformity in the terms used for this portion of the primary connecting system:

(1) Weight distributing hitch means a mechanical device that connects the trailer to the towing vehicle, and by means of leverage applied on both trailer and car structures or axles, when properly adjusted, distributes the imposed vertical load at the hitch and coupling connection between the structures or axles of towing vehicle and trailer. The towing vehicle thus loaded tends to retain a level position with respect to the road.

(2) Weight carrying hitch.

(i) Bumper hitch means a mechanical or structural device that bolts or is otherwise fastened to the bumper of the towing vehicle. No connection is made to other structural members of the towing vehicle.

(ii) Frame hitch means a mechanical and/or structural device that bolts or is otherwise fastened to at least two of the towing vehicle structural members which can include frame, unitized body, and bumper.

(1) Class 1--Trailers with a gross weight (trailer weight including load) not exceeding 2,000 pounds.

(2) Class 2--Trailers, with a gross weight (trailer weight including load) over 2,000 pounds but not exceeding 3,500 pounds.

(3) Class 3--Trailers, with a gross weight (trailer weight including load) over 3,500 pounds but not exceeding 5,000 pounds.

(4) Class 4--Trailers, with a gross weight (trailer weight including load) over 5,000 pounds but not exceeding 10,000 pounds.

(d) Couplings.

(1) Coupling classification.

There shall be four major strength classifications, or designations, of couplings. The designation shall be based on the maximum gross trailer weight the coupling is qualified to tow. The No. 1 couplings shall be used for towing class 1 trailers; No. 2 couplings for class 2 or smaller trailers; No. 3 couplings for class 3 or smaller trailers; and No. 4 couplings for class 4 or smaller trailers. This is not intended to limit the number or variety of couplings in a given class, or designation.

(2) Coupling ultimate strength. Each coupling, when subjected to static bench tests, shall exhibit the minimum breaking strengths required in table 1 for its strength classification, or designation. Each type of test load shall be applied independently.

(3) Attachment of couplings. Each coupling is to be mounted to the trailer attaching member by bolting, welding or riveting in such manner that the maximum loading specified for the coupling designation in table 1 is safely and adequately transferred to that member.

(4) Provisions for safety. Each coupling, regardless of classification, or designation must be equipped with a manually operated mechanism so adapted as to prevent disengagement of the unit while in operation. In addition to this positive locking mechanism, the coupling shall be so designed that the trailer can be disconnected from the towing vehicle regardless of the angle of the trailer to the towing vehicle.

(e) Hitches.

(1) Hitch rating. Hitches shall be rated by the maximum gross trailer weight and the vertica l tongue weight each is qualified to tow.

(2) Hitch strength requirements. Each hitch, when subjected to a static bench test, shall conform to the minimum strength requirements contained in table 2.

(3) Attachment of hitch. Each hitch shall be attached to the structural member or members of the towing vehicle in such a manner that the tension, compression and transverse thrust loads shown in table 2 are transferred to the towing vehicle without residual distortion or failure of either the attachment or the vehicle structure which would affect the safe towing of trailers, as defined in table 2.

(4) Vertical load on hitch. The weight load carried by the hitch at its connection with the trailer coupling shall not, when on a level surface, exceed the maximum tongue weight load recommended by the manufacturer for the hitch but in no case shall the tongue weight load exceed that specified in table 3 for the class of trailers and type of hitch used.

(f) Safety chains and attaching means. Each towing system shall include safety chains.

(1) Strength requirements. Each safety chain and each attaching means shall meet strength requirements as shown in table 4 and defined in section 57.2.

(2) Installation and connections. The means of attachment of safety chains shall be located equally distant from and on opposite sides of the longitudinal centerline of the towing vehicle and of the trailer, except that where a single length of safety chain is connected to one single means of attachment of a trailer such single attachment shall be on the trailer longitudinal centerline. Each means of attachment shall not be common with or utilize fasteners common with a ball or coupling. No welding operation shall be performed on a safety chain subsequent to its manufacture. Safety chains shall be so connected that the slack for each length of chain between trailer and towing vehicle is the same and is not more than necessary to permit the proper turning of the vehicles. When passing forward to the towing vehicle, safety chains must be crossed under the tongue and oriented in such a manner as to prevent the tongue from dropping to the ground and to maintain connection in the event of failure of the primary connecting system. (See figures 2 and 3, section 57.5.)

(g) Identification.

(1) Marking. Each coupling and each hitch shall be legibly and permanently marked to show:

(i) Manufacturer's or distributor's name, initials, or trademark, trade name or code symbol. (Code symbol shall mean one assigned and approved by appropriate regulatory authority.)

(ii) Model number, part number, or style and, for couplings only, the class.

(iii) Maximum gross trailer weight to be drawn.

(iv) Maximum vertical tongue weight to be imposed on the ball or other points of connection.

(2) Labeling. Each crate, box or other container in which a coupling or hitch is packed shall be imprinted or labeled to display at least the same information required in paragraph (1) of this subdivision for marking, except that the maximum gross weight to be drawn must be shown for each coupling regardless of class. Also, the year, make, and model of each vehicle on which a hitch may be installed and meet the requirements of this Part shall be shown but may be shown on an enclosed sheet, or sheets, separate from the imprintation, or labeling, or on hitch manufacturer's application tables which are kept available at the locations where the device or system is sold, either for resale or for use. However, this provision shall not apply to hitches adaptable to a large number of vehicles and designated to be a universal type.

(h) Full trailers. Light service connecting devices or systems used with full trailers not exceeding 10,000 pounds gross weight shall meet all requirements of this section except as shown below:

(1) Couplings for full trailers. The vertical strengths shown in table 1 shall not be required. Such couplings shall be legibly and permanently marked "For Full Trailers Only".

(2) Hitches for full trailers,

(i) The vertical strengths shown in table 2 shall not be required. However, the hitch must be capable of supporting the entire weight of the tow bar, drawbar or tongue and when undergoing the other tests shown in table 2 must not exhibit any vertical residual distortion which would affect safe towing, as defined in table 2. Such hitches shall be legibly and permanently marked "For Full Trailers Only".

(ii) A weight carrying hitch may be used in lieu of a weight distributing hitch.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 57.4 Identification; installation; maintenance; compliance

(a) Marking and labeling. Each vehicle connecting device, method or system shall be marked and labeled as required by section 57.3(g) and subdivision (c)(2) of this section. The marking and labeling shall show the responsible manufacturer (see subdivision (c) below). A pressure sensitive label will be acceptable if of a weather-resistant type and cannot be removed without destroying or defacing it.

(b) Installation and maintenance:

(1) Manufacturer, packager, seller. The responsible manufacturer or seller of a vehicle connecting device or system shall pack with the device, or with devices making up or used in the system, clear and complete instructions for installation, use, maintenance and repair, or otherwise assure proper installation, in accordance with the requirements of this Part, and proper instruction of the purchaser, or owner, in use and care.

(2) Owner, lessor, lessee, borrower. Each owner or lessor shall keep his connecting devices, and systems in good condition, maintained, repaired, and rebuilt in accordance with manufacturer's instructions and recommendations. Each owner or lessor who leases or lends a connecting device or system, shall properly instruct the lessee, or recipient, in the safe and proper use and care of the device(s), or system. Each lessee or borrower shall use and care for the device, method, or system in accordance with the instructions of the lessor or lender. For the purposes of this Part, any person who rents a trailer shall be considered to be a lessor.

(3) No person shall put into use or continue in use a device or system on which the marking required in subdivision (a) of this section has been removed, altered, obliterated, disfigured, or otherwise damaged so as to prevent identification of the device(s), method or system.

(c) Compliance with requirements. Each manufacturer shall be responsible for the performance ability of the device(s) or system which he manufactures for use by a prospective owner, lessee, or borrower. Where a manufacturer, packager, or seller assembles or packages (unites, collects, congregates) for use by a prospective owner, lessee, or borrower a device or system from parts, subassemblies or assemblies made or assembled by others, such manufacturer, packager or seller (person, firm, association, or corporation) shall be deemed responsible for the performance of the device(s) or system which he assembles or packages. For the purpose of this section each manufacturer, packager, or seller described in the preceding two sentences shall be known as the responsible manufacturer.

(1) Certification--demonstration. Each responsible manufacturer shall certify to the commissioner or the equipment approval division of the American Association of Motor Vehicle Administrators that his device, or system when installed in accordance with his published instructions (including instructions of manufacturers of weight distributing hitches for use by local installers who fabricate the undercar attachment means for such hitches) complies with and meets the requirements of this Part. Acceptable tests reports, including photographs of test site and equipment, manner of testing, and a summation of results, shall be furnished with such certification. Demonstration of compliance may be required by the commissioner. To demonstrate compliance with strength requirements, the necessary tests shall be conducted by or supervised by an approved certified laboratory or an approved certified testing organization. The commissioner may undertake shelf sampling from dealers or other inventory available for sale and/or other inspection steps, as appropriate, to assure compliance.

(2) Registration. No vehicle connecting device or system shall be sold within New York State unless the responsible manufacturer has registered his product with the commissioner, has furnished the commissioner five copies of instructions for installation, use, maintenance, and repair and has stated the maximum towing capacity of his product in terms of the maximum gross weight to be drawn, as defined in sections 57.3(d) and 57.3(e). There shall be imprinted on each copy of instructions packed with the device or otherwise furnished to the owner the following statement: "This product complies with safety specifications and requirements for connecting devices and towing systems of the state (or states) of New York." The responsible manufacturer of light service class 1 connecting devices or systems for trailers not exceeding 2,000 pounds gross weight who produces not more than five such devices or systems in one calendar year must produce a product which complies with all applicable requirements of this Part except the registration requirements of this paragraph.

(3) The certification, test, or demonstration results, identification, instructions, and the capacity and registration information may be used by persons involved in the enforcement of laws, rules, regulations, and codes in determining whether a connecting device method or system is properly manufactured, installed, used, maintained and repaired.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 57.6 Effective date

(a) On and after February 1, 1972, all hitches manufactured shall fully comply with this Part.

(b) On and after November 1, 1972, all hitches offered for sale in New York State shall fully comply with this Part.

Part 58 Rear-view Mirrors And Rear Object Detection Devices

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.1 Scope

This Part specifies requirements for the performance and location of rear-view mirrors.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.2 Purpose

The purpose of this Part is to reduce the number of deaths and injuries that occur because the driver of a motor vehicle does not have a clear and reasonably unobstructed view of the rear.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.3 Application

This Part applies to passenger cars, multipurpose passenger vehicles, trucks, and buses.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.4 Requirements for passenger cars

(a) Inside rear-view mirror. Each passenger car shall have an inside rear-view mirror of unit magnification.

(1) Field of view. Except as provided in subdivision (c) of this section, the mirror shall provide a field of view with an included horizontal angle measured from the projected eye point of at least 20 degrees, and sufficient vertical angle to provide a view of a level road service extending to the horizon beginning at a point not greater than 200 feet to the rear of the vehicle when the vehicle is occupied by the driver and four passengers or the designed occupant weight of 150 pounds. The line of sight may be partially obscured by seated occupants or by head restraints.

(2) Mounting. The passenger car mirror mounting shall provide a stable support for the mirror, and shall provide for mirror adjustment by tilting in both horizontal and vertical directions. If the mirror is in the head impact area, the mounting shall deflect, collapse, or break away without leaving sharp edges when the mirror is subjected to a force of 90 pounds in a forward or sideward direction in any plane 45 degrees above or below the horizontal.

(b) Outside rear-view mirror--driver's side.

(1) Field of view. Each passenger car shall have an outside mirror of unit magnification. The mirror shall provide the driver a view of a level road surface extending to the horizon from a line, perpendicular to a longitudinal plane tangent to the driver's side of the vehicle at the widest point, extending eight feet out from the tangent plane 35 feet behind the driver's eyes, with the seat in the rearmost position. The line of sight may be partially obscured by rear body or fender contours.

(2) Mounting. The mirror mounting shall provide a stable support for the mirror, and neither the mirror nor the mounting shall protrude farther than the widest part of the vehicle body except to the extent necessary to produce a field of view meeting or exceeding the requirements of paragraph (1) of this subdivision. The mirror shall not be obscured by the unwiped portion of the windshield, and shall be adjustable by tilting in both horizontal and vertical directions from the driver's seated position. The mirror and mounting shall be free of sharp points or edges that could contribute to pedestrian injury.

(c) Outside rear-view mirror passenger's side. Each passenger car whose inside rear-view mirror does not meet the field of view requirements of paragraph (a)(1) of this section shall have an outside rear-view mirror of unit magnification installed on the passenger's side. The mirror mounting shall provide a stable support and be free of sharp points or edges that could contribute to pedestrian injury. The mirror need not be adjustable from the driver's seat but shall be capable of adjustment by tilting in both horizontal and vertical directions.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.5 Requirements for multipurpose passenger vehicles, trucks, and buses with gvwr of 10,000 pounds or less

Each multipurpose passenger vehicle, truck, and bus with GVWR of 10,000 pounds or less shall have either:

(a) mirrors that conform to the requirements of section 58.4 of this Part; or

(b) outside mirrors of unit magnification, each with not less than 19.5 square inches of reflective surface, installed with stable supports on both sides of the vehicle, located so as to provide the driver a view to the rear along both sides of the vehicle, and adjustable in both the horizontal and vertical directions to view the rearward scene.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.6 Requirements for multipurpose passenger vehicles, trucks, and buses with gvwr of more than 10,000 pounds

Each multipurpose passenger vehicle, truck, and bus with a GVWR of more than 10,000 pounds shall have outside mirrors of unit magnification, each with not less than 50 square inches of reflective surface, installed with stable supports on both sides of the vehicle. The mirrors shall be located so as to provide the driver a view to the rear along both sides of the vehicle and shall be adjustable in both the horizontal and vertical directions to view the rearward scene.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.7 Mirror construction

The reflectance value of the reflective film employed on any mirror required by this Part, determined in accordance with SAE recommended practice J964, June, 1966, shall be at least 35 percent. If a mirror is of the selective position prismatic type, the reflectance value in the night driving position shall be at least four percent.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 58.8 Rear object detection systems

(a) Notwithstanding any other provision in this Part, every single-unit motor vehicle registered in this State, operated for commercial purposes and having a cube style or enclosed walk-in delivery bay, where such delivery bay has a length of eight feet six inches or more, but not exceeding a length of 18 feet, or every sani-van and motor vehicle commonly classified as a garbage truck purchased on or after January 1, 2008 and registered in New York State, which is operated in and engages in the collection of garbage or refuse in the county of Westchester shall be equipped with a cross-view back-up mirror system, rear video system, or rear object detection system. The provisions of this section shall not apply to motor vehicles commonly classified as rolloff vehicles that are used for the express purpose of transporting waste containers such as open boxes or compactors.

(1) Cross-view back-up mirror system means a mirror(s) which, when mounted will allow the driver of a truck to view a minimum distance of six feet to the rear and encompass the width of the rear of the vehicle in order to be able to detect an object or person.

(2) Rear video system means a device installed on a truck which will allow the driver to view on a video monitor mounted inside the cab, a minimum distance of six feet to the rear and encompass the width of the rear of the vehicle in order to detect a person or object.

(3) Rear object detection system or other device means a device installed on a truck which will alert the driver by means of a visual and audible warning indicator inside the cab, of a person or object within a minimum distance of six feet to the rear and encompass the width of the rear of the vehicle.

(4) Enclosed walk-in delivery bay means a compartment in a vehicle used for storing or transporting cargo which is accessible from the driver's compartment and/or the rear of the cargo area and/or the side of the cargo area.

(b) This section shall be deemed repealed if any Federal agency or any court of competent jurisdiction determines that this act would render New York State ineligible for the receipt of Federal funds.

Part 59 Reflective Devices Or Materials For Bicycles And In-line Skates

N.Y. Comp. Codes R. & Regs. Tit. 15 § 59.1 Brief history of the bicycle regulations

(a) Prior to 1972, New York had been experiencing a rise in the number of bicycle injuries and fatalities. This rise prompted the passage of chapter 848 of the Laws of 1972. This new law required the Commissioner of Motor Vehicles to promulgate regulations regarding the visibility of bicycles in all directions.

(b) To accomplish this purpose, the Department of Motor Vehicles held public hearings and did considerable research. In December of 1972 this Part was first promulgated. Between 1973 and 1975, this Part was amended five times. The bicycle regulations were highly effective in making a bicycle visible in all directions. Front and rear reflectors, pedal reflectors and side reflectors or reflective tires were required. When appropriate, reflector requirements were updated to include wide angle reflectors. Although the regulations allowed wide angle reflex reflectors to be used as a means of side reflectivity, as a practical matter, only reflective tires were used to accomplish this requirement.

(c) In 1976, three factors combined to void this Part. First, the Consumer Product Safety Commission Improvements Act of 1975 was signed into law. The Consumer Product Safety Commission regulates bicycles on the Federal level. The commission had regulations of its own on bicycles in force since 1974. Under the Improvements Act, these CPSC regulations may or may not have preempted New York.

(d) Next, the bicycle industry sued New York to bar enforcement of this Part. The bicycle industry was granted a preliminary injunction.

(e) Finally, the New York Legislature made the issue academic by passing chapter 887 of the Laws of 1976. This statute repealed the authority to promulgate regulations governing bicycle visibility in all directions. In its place was the authority to approve types of reflectors or tires to be used for side reflectivity.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 59.2 Introduction

This Part requires that reflective tires or spoke mounted reflex reflectors be of a type approved by the Commissioner of Motor Vehicles. In promulgating this Part, the commissioner acknowledges that the Consumer Product Safety Commission has preempted the field.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 59.3 Requirements

(a) Every bicycle sold at retail for the first time shall be equipped with either reflective tires or spoke mounted wide angle reflex reflectors. A reflective tire or a spoke mounted, wide angle reflex reflector shall meet specifications of the Consumer Product Safety Commission ( 16 CFR part 1512).

(b) No person shall submit reports or samples of reflective devices.

(c) For the purposes of this Part, only bicycles with at least two wheels larger than 16 inches (48.26 centimeters) shall be considered bicycles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 59.4 Exceptions

The provisions of this Part shall not apply to any bicycle not equipped with a brake and which therefore cannot be operated on a public highway provided a sticker or tag is affixed to such bicycle indicating that such bicycle cannot legally be operated on the public highway.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 59.5 In-line skates

(a) In-line skate shall be defined as set forth in section 140-a of the Vehicle and Traffic Law.

(b) Reflective material required. Every in-line skate, except those made for special use by highly skilled or expert skaters or for sale or distribution through custom orders (such as in-line hockey skates and in-line speed skates) shall be equipped with a reflective device or material meeting the following standards:

(1) surface area. The total surface area of the reflective device or material shall be at least one square inch; and

(2) location. At least 25 percent of the surface area of the reflective device or material shall be located on the back of each skate.

Part 60 Tamper Resistant Odometers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.1 Applicability

Every 1993 and later model year motor vehicle sold in New York State shall be equipped with a tamper resistant odometer which meets the standards set forth in this Part. Odometers are required on the following vehicles, but such vehicles need not meet the tamper resistant standards set forth in this Part: a motorcycle, a tractor, a truck with a gross vehicle weight rating over 18,000 pounds, a low sped vehicle, or a bus which seats 22 or more adults plus the driver.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.2 Unit of measurement

Every odometer shall indicate distance traveled by a vehicle in miles unless the odometer shows clearly that it measures distance traveled in kilometers.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.3 Number of digits

Every vehicle required by section 60.1 of this Part to have a tamper resistant odometer shall have an odometer capable of showing at least 199,999 miles or kilometers traveled.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.4 Losing mileage

If an odometer is made to run in reverse, while installed in the vehicle, it must not allow more than 10 miles or kilometers to be lost before it ceases to operate in reverse.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.5 Odometers with numbered wheels

Odometers which use numbered wheels to display miles or kilometers traveled must not permit alteration by manipulation with picks, screwdrivers or other tools, except in the following circumstances:

(a) after the odometer is removed from the instrument panel; or

(b) after visually apparent altering of the odometer reading or breakage of the structure surrounding the odometer assembly.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.6 Odometers with digital readouts

(a) If an odometer with a digital readout relies on electronic impulses, the retentive memory must be capable of retaining mileage readings for at least four years without power from an external source.

(b) Notwithstanding any other provision of this Part, a 1993 or 1994 model year vehicle may show nonnumerical indicators instead of numbers when the numerical limit is exceeded.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 60.7 Servicing

Nothing in this Part shall be construed as prohibiting the lawful servicing or replacement of an odometer.

Subchapter E Required Markings Or Signs

Part 68 Slow-moving Vehicle Emblem

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.1 Introduction

Subdivision 36 of section 375 of the Vehicle and Traffic Law adopts the slow-moving vehicle emblem described in American Society of Agricultural Engineers standard S276.2 as the official slow-moving vehicle emblem of New York State. The Commissioner of Motor Vehicles is authorized to and shall establish specifications and standards applicable to the size, design and use of said emblem.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.2 Definitions

(a) A slow-moving vehicle is a vehicle as defined in section 159 of the Vehicle and Traffic Law which is designed to have a maximum travel speed of 25 miles per hour or less. The short form of designation of such a vehicle shall be "SMV".

(b) Agricultural equipment is every agricultural tractor, self-propelled implement of husbandry, and towed, mounted or semi-mounted implement of husbandry, as defined in section 100-d of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.4 Test procedures

(a) Tests.

The emblem shall be tested in conformance with the following sections from SAE J575, Tests for Motor Vehicle Lighting Devices and Components:

Section B-Samples for tests

Section D-Laboratory facilities

Section E-Vibration test

Section H-Corrosion test (pertains to face of emblem only)

(b) Durability test.

Samples shall be exposed to the sun at an angle of 45 degrees to horizontal and facing south per American Society for Testing and Materials, ASTM D1014, Conducting Exterior Exposure Tests of Paints on Steel.

TABLE 2 DURABILITY TEST PERIODS

| Minimum test period, months | | | | --- | --- | --- | | Location | Fluorescent | Reflective | | Outside in Midwest | 12 | 24 | | or | | | | Outside in Miami, Florida | 6 | 12 |

Each test sample shall be dropped from a height of 5 feet (1.53 meters) to a smooth, hard surface equivalent to rigid metal or concrete. Each test sample shall be submitted to three drop tests: corner drop, edge drop, and flat drop. Failure shall be considered to have occurred when the emblem will no longer meet requirements in section 68.3.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.5 Mounting

(a) The SMV shall be mounted point up (as in Figure 1, section 68.3[b]) in a plane perpendicular to the direction of travel plus or minus 10 degrees. It shall be placed centrally at the rear of the vehicle, unobscured and two to six feet above level ground measured from the lower edge of the emblem. It shall be attached directly to the vehicle or machinery when practical and affixed thereto with (1) a suitable permanent, weather-proof and water-proof adhesive backing or (2) by suitable mechanical fasteners utilizing the two through holes (whose size and location are shown in Figure 1, section 68.3[b]) provided a metal backing material as specified for portable SMV emblems is used.

(b) Portable SMV emblems with required backing may be used when direct mounting on the vehicle is impractical or impossible. When employed, a portable SMV emblem must be sturdily supported and secured to the vehicle while traveling on a public highway during day or night in the position and location prescribed in subdivision (a) of this section.

(c) Where it is impractical or impossible to mount the emblem centrally as required by subdivision (a) of this section, it shall be mounted to the left of the vertical centerline of the vehicle but shall not extend over or beyond the side of the vehicle. Mounting height shall be as required by subdivision (a).

(d) The SMV emblem shall not replace such warning devices as tail lamps, reflectors, flashing lights, warning flags or flares and is not to be used as a clearance marker for wide loads or equipment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.6 Certification

(a) Each manufacturer of the official SMV emblem shall certify to the commissioner that his emblem complies with and meets the requirements of this Part. Upon receipt of an acceptable certificate from the manufacturer, his emblem shall be deemed approved by the commissioner. Demonstration of compliance may be required by the commissioner. To demonstrate compliance with the requirements of this Part, the necessary tests shall be conducted by or supervised by an approved certified laboratory or an approved certified testing organization.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.7 Identification requirements

Each SMV emblem shall contain on the front or back the manufacturer's name or trade-name which shall be the same name under which the emblem has been certified. In lieu of marking or labeling the emblem, this same information must appear on the package in which it is first sold to a purchaser or user in this State.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.8 Use of slow-moving vehicle emblem

The only use of the SMV emblem shall be as follows:

(a) Agricultural equipment, whether towed or self-propelled, designed for operation at speeds not in excess of 25 miles per hour when traveling on or moving along a public highway during day or night, shall each display the slow-moving vehicle emblem.

(b) [Reserved]

(1) a slow-moving vehicle emblem; or

(2) a lighted lantern with a red lens at least four inches (10.16 centimeters) in diameter, the center of such lens to be 42 inches (106.68 centimeters) above the ground, the lantern to be near the left edge of the vehicle, and at least 72 square inches (309.648 square centimeters) of a high quality white or whitish-gray reflective tape.

(d) Every self-propelled unit of road construction and maintenance machinery or other machinery designed for operation at speeds not in excess of 25 miles per hour when traveling on or moving along a public highway during day or night shall display the slow-moving vehicle emblem except when engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs, and except that a hazard vehicle as defined in section 117-a of the Vehicle and Traffic Law engaged in a hazardous operation as defined in section 117-b of the Vehicle and Traffic Law shall not be required to display a slow-moving vehicle emblem when the amber light is legally being used upon such unit.

(e) A slow-moving vehicle with emblem attached and visible from the rear while being transported upon another vehicle, other than a slow-moving vehicle, shall have the emblem covered in such a manner that it will not be visible to traffic.

(f) The SMV emblem shall not be put to any use other than prescribed by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 68.9 Prior slow-moving emblems

A slow-moving vehicle emblem which was manufactured prior to September 1, 1977, and which met the standards of this Part on the date of manufacture may be sold and used in this State.

Part 69 Caution Arms On Vehicles Vending Frozen Desserts To Pedestrians

N.Y. Comp. Codes R. & Regs. Tit. 15 § 69.1 Definitions

The following definitions apply to this Part:

(a) Frozen desserts. Ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, ice milk, artificially sweetened ice milk, fruit sherbet, nonfruit sherbet, water ices, nonfruit water ices, quiescently frozen confection, mellorine frozen dessert, parevine, frozen yogurt, freezer-made shakes, freezer-made milk shakes, lo-mel and all products similar in appearance, odor or taste to such products, whether made with dairy products or nondairy products.

(b) Public highway. Any highway, road, street, avenue, alley, public place, public driveway or any other public way.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 69.2 Caution arm required

Every vehicle which is used to vend frozen desserts to pedestrians on public highways or sidewalks shall be equipped with a caution arm on the left side which meets the standards described in section 69.3 of this Part. The caution arm shall be extended whenever the vehicle is stopped on a public highway to vend frozen desserts. The caution arm shall be retracted whenever the vehicle is in motion or is not being used to vend frozen desserts.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 69.3 Standards for caution arm

The caution arm shall be made of any durable material. That part of the swing arm that is attached to the vehicle itself shall be 7 3/16 inches in height and, when extended outward and to the side of the vehicle, shall extend to a length of 18 inches and flared to a height of 18 inches. Located at the upper and lower corners of the 18-inch side will be flashing yellow lights visible from the front and from the rear. These lights shall be four inches in diameter and shall flash simultaneously. The background of the sign shall be painted yellow and shall be reflective. The lettering shall be painted black. In the middle, in letters five inches in height, shall be painted the word "SLOW"; just above the word "SLOW" shall be painted in two-inch letters the word "CHILDREN"; just below the word "SLOW" shall be printed in two-inch letters the word "CROSSING". The sign shall be lettered and painted on both sides so that it will be visible from both the front and rear.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 69.4 Front crossing arm required

Every motor vehicle which is used to vend frozen desserts to pedestrians on public highways or sidewalks shall be equipped with a front crossing arm which meets the standards described in section 69.5 of this Part. The front crossing arm shall be extended whenever the vehicle is stopped on a public highway to vend frozen desserts. The front crossing arm shall be retracted whenever the vehicle is in motion or is not being used to vend frozen desserts.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 69.5 Standards for front crossing arm

The front crossing arm shall be made of any durable material covered with a yellow or white reflective material. The front crossing arm shall be attached to the front bumper of the vehicle hinged from the vehicle's right side at a height of 16-20" up from the ground. It must be extended in conjunction with the required caution arm as described in section 69.2 of this Part. When extended outward in front of the vehicle, the front crossing arm shall extend approximately 4 to 6 feet parallel to the ground to prohibit person(s) from being too close to the vehicle as they prepare to cross the road. When the front crossing arm is retracted against the front of the vehicle it shall not extend past the width of the vehicle on the driver's left side.

Part 70 Warning Placards On Motor Vehicles Using Hydrocarbon Gas As A Fuel Source

N.Y. Comp. Codes R. & Regs. Tit. 15 § 70.1 Introduction

The Legislature has determined that vehicles using alternative fuel sources, such as propane, compressed natural gas, liquid petroleum gas, etc., constitute a danger to firefighters if said vehicles catch on fire. A reflective placard will warn firefighters of the danger so that they may react properly.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 70.2 Definition

Hydrocarbon gas means a combustible organic gas containing only carbon and hydrogen. Hyrdrocarbon gas includes propane, compressed natural gas, liquified petroleum gas, methane or any chemically similar gas, but does not include gasoline or diesel fuel.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 70.3 Placard required

Every motor vehicle registered in New York that is powered by a hydrocarbon gas fuel shall bear a placard which meets the standards set forth in section 70.4 of this Part. This shall apply regardless of whether the hydrocarbon gas is the primary fuel or is a secondary fuel.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 70.4 Placard requirements

(a) Shape. The placard shall be the shape and size of the following diagram:

Image

(b) The square. The background of the square shall be red. In the upper third of the square, in red and white, shall be a picture of compressed gas burning. In the center third of the square, in red letters on a white background shall be the identification number required by the Department of Transportation on a placard on a truck transporting large quantities of the hydrocarbon gas being used for propulsion. The correct numbers are: propane - 1978, compressed natural gas - 1971, liquified petroleum gas - 1075, methane - 1971. However, the number 1075 may be used for any placard. The lower third of the square shall contain the number 2, which is the United Nations class number for gases.

(c) The rectangle. The background of the rectangle shall be white. In black letters shall appear the source or sources of propulsion for the vehicle such as propane, liquefied petroleum gas or methane.

(d) The placard shall be reflectorized.

(e) The placard shall be constructed of materials that will not fade or wash away when exposed to the elements.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 70.5 Placard placement

A placard shall be placed on the extreme left side (usual driver side) of the rear facing portion of the rear bumper. If a vehicle lacks a bumper, the placard shall be mounted at least 15 inches, but not more than 30 inches, above the ground near the left side (usual driver side) of the rear of the vehicle. A vehicle may have additional placards.

Part 71 Identification Numbers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 71.1 Introduction

As part of the anti-theft program, the Legislature enacted chapter 976 of the Laws of 1981. This legislation requires or authorizes the Commissioner of Motor Vehicles to promulgate regulations concerning the issuance of new vehicle identification numbers and part identification numbers, determining when an identification number is destroyed, removed, altered, defaced or effectively concealed and deciding the steps to be followed in notifying a true owner of the recovery of a stolen vehicle or part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 71.2 Definitions

(a) Destroyed, removed, altered, defaced or so covered as to be effectually concealed shall mean that there has been disfiguration, obliteration of detail, or change in the outline or contour, to such an extent that the number has been rendered undecipherable or a plate or device upon which such number or identifying mark was contained has been taken from the vehicle or part.

(b) Unidentifiable. A motor vehicle, trailer or vehicle part shall be considered to be unidentifiable when peace officers of the Department of Motor Vehicles are unable to locate and ascertain the original identification number or the special identification number in its assigned location after using acceptable methods for cleaning the specific areas involved, and using scientific procedures utilizing heat, chemicals, etc. in the restoration of numbers. A motor vehicle, trailer or vehicle part shall not be considered unidentifiable if it is determined that no original identification number or special identification number was ever embossed, engraved, etched or similarly marked by the manufacturer, or by any authorized agent of any state or commonwealth. A motor vehicle, trailer or vehicle part shall not be considered unidentifiable if the previous owner or current owner can identify the motor vehicle, trailer or vehicle part by personal identification. This in itself would not constitute ownership, but would serve as a basis for further investigation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 71.3 Special vehicle identification numbers

Upon application of the owner, the commissioner shall cause an examination of a vehicle to be had. If the vehicle is not stolen, and does not contain stolen parts, and if the applicant has proof of ownership, a special vehicle identification number will be affixed to the vehicle. If the vehicle requires a title, a new title with the special vehicle identification number will be issued.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 71.4 Missing or improper vehicle identification numbers

(a) If a vehicle bears no vehicle identification number, or an altered, defaced or effectively concealed vehicle identification number, the agents of the commissioner shall attempt to determine the true vehicle identification number from the confidential identification numbers. If the true number cannot be determined, the vehicle shall be declared unidentifiable. An unidentifiable vehicle shall be impounded and turned over to the Office of General Services.

(b) If a major component part of a vehicle is unidentifiable, the Department of Motor Vehicles shall remove or cause removal of the part and turn it over to the Office of General Services.

(c) If an examination of a part reveals that it is stolen, the vehicle shall be impounded. The vehicle owner shall be given two weeks to acquire ownership of the part from the part owner. If the vehicle owner is unable to acquire ownership of the part, the Department of Motor Vehicles shall remove or cause removal of the part. The part will be returned to the part owner upon his picking up the removed part and paying a removal and storage fee in an amount determined by the Commissioner of General Services. The vehicle owner may remove the remainder of the vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 71.5 Police procedures

(a) Upon impounding a motor vehicle or trailer because of the possibility of its being stolen, the police shall inquire from the National Crime Information Center, either directly or indirectly, to learn the name and address of the owner. If this procedure is unsuccessful, but the vehicle has number plates, the police shall inquire of the motor vehicle registration agency of the state which issued the plates.

(b) Upon learning the name and address of the true owner of a vehicle, the police shall send such person a letter informing him of the location of his vehicle and advising him that he may either claim it within 20 days or within 20 days after it is no longer needed as evidence.

(c) Upon failure of a person to claim his vehicle, the police shall dispose of the vehicle in accordance with section 423-a of the Vehicle and Traffic Law.

Part 72 Auto Theft Prevention Program (watch Your Car)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.1 Introduction

To deter theft of his or her motor vehicle, a registrant may participate in the Watch Your Car auto theft prevention program established by this Part. The presence of a Watch Your Car decal on a motor vehicle shall identify that vehicle as one that is not normally operated between 1 a.m. and 5 a.m. or driven across or in proximity of international land borders or ports.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.2 Law enforcement participation

Any law enforcement agency may choose to participate in this auto theft prevention program. The Division of Criminal Justice Services shall supply Watch Your Car program decals to participating law enforcement agencies for no fee as long as support funds are available.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.3 Decals

The Watch Your Car program front windshield decal shall be a rectangle, 4 inches wide x 21/2 inches high, made of reflective sheeting containing the language and design as mandated by the Division of Criminal Justice Services. The Watch Your Car rear window decal shall be circular, 33/4 inches in diameter, made of reflective sheeting containing the design as mandated by the Division of Criminal Justice Services. The Watch Your Car international decal, which shall be placed next to the Night Program front windshield decal, shall be a rectangle 53/8 wide x 2 inches high displaying the language and design as mandated by the Division of Criminal Justice Services. The Watch Your Car front windshield, rear window and international decals are displayed in subdivisions (a)-(c) of this section.

(a) Front windshield decal--4 inches wide x 21/2 inches high 3M reflective sticker containing the language and design as mandated by NYS Division of Criminal Justice Services

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(b) Rear window decal--33/4 inches diameter 3M reflective sticker containing the design as mandated by NYS Division of Criminal Justice Services.

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(c) International decal--53/8 inches wide x 2 inches high the language and design as mandated by NYS Division of Criminal Justice Services.

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The international decal is for vehicles which are not generally operated near international borders or ports. This decal has an outline of the continental United States superimposed against the United States flag and will be placed next to the Night Program front windshield decal. To participate in the program, motor vehicle owners need to sign a voluntary consent form and obtain this decal authorizing law enforcement officers to stop their motor vehicles if they are not normally driven across or in the proximity of international land borders or ports.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.5 Consent form

A registrant who wishes to participate in the Watch Your Car program may obtain a consent form approved by the Commissioner of the Division of Criminal Justice Services at any participating law enforcement agency throughout the State. The registrant must sign the consent form and file it with the participating law enforcement agency which provided the form. The consent form shall contain information identifying the registrant and the vehicle and authorized users; a statement that the vehicle is not normally operated between the hours of 1 a.m. and 5 a.m., or, if the registrant has chosen to utilize the international decal, at any time in the proximity of a port or an international border, and the registrant's consent to a stop by a police officer if the vehicle is operated by anyone at such time or location; instruction on removal of the decals upon withdrawal from the program or transfer or disposal of the vehicle and such other information as the Commissioner of the Division of Criminal Justice Services may prescribe.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.6 Affixing of decals

After the consent form has been signed by a registrant and filed with the participating law enforcement agency which provided the form, a police officer or designated employee of that participating law enforcement agency or the registrant shall affix the rectangular Watch Your Car decal to the front windshield, passenger side of the vehicle, the circular Watch Your Car decal to the lower left corner of the motor vehicle's rear window, and the rectangular international decal next to the Night Program front windshield decal if the registrant has chosen to participate in the international program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.7 Records

Consent forms shall be maintained by the participating law enforcement agency and shall be searched and made available for or to any law enforcement agency. Such records shall be kept for 15 years after which they may be destroyed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.8 Removing decals

Upon transfer of ownership and registration, Watch Your Car program decals must be removed by the registrant or the registrant's agent. No registrant shall permit a vehicle to display more than one Watch Your Car program decal on the rear window at any time.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 72.9 Use of nonconforming decals

A municipality which had an anti-theft decal in use prior to September 17, 2002, may continue operation of its program as it existed prior to such date.

Subchapter F BUSINESSES REQUIRING LICENSES

Part 76 Drivers' Schools

Registration procedure Registration Procedure

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.1 Applications

(a) Every person desiring to engage in the business of conducting a drivers' school shall, prior to engaging in such business, secure a license for such purpose. Applications for a license, either original or renewal, must be made on forms prescribed therefor by the Commissioner of Motor Vehicles. Such forms may be obtained from the Department of Motor Vehicles public website.

(b) Applications should be filed at the drivers' school unit in the central office of the Department of Motor Vehicles, Albany, New York.

(1) If an application is made by an individual, it must be signed and sworn to by such individual. In the case of a corporation, the application must be signed and sworn to by an officer and the holders of 20 percent or more of the shares thereof, and shall have attached thereto a list of the directors and such shareholders with their names and addresses. In the case of an association, the application shall be signed and sworn to by the president or other chief officer of the association and by the secretary thereof. In the case of a partnership, the application must be signed and sworn to by all partners.

(2) Each application shall also set forth the name and address of a person designated as the manager of the business, who shall be responsible for the daily operation of the drivers' school; and the application shall also be signed him unless he shall be one of the same persons otherwise required by the provisions of the preceding paragraph to sign the same. In the case of an individual proprietorship, the proprietor, and in the case of a partnership, one of the partners, may be designated as the manager; in all other cases, the person designated as the manager shall be a regular employee of the applicant, whether as an officer thereof or otherwise, performing the functions of a manager of the business.

(3) The application must be fully completed, including the names and addresses of all certified instructors and, if the applicant, officer, partner, manager or other person signing the same as required has ever used or has ever been known by another name, such name or names must be listed on the application.

(4) A copy of each form used or required pursuant to section 76.8 of this Part must be submitted to the department for approval when application is made.

(5) As part of an original application, a certified copy of certificate of assumed business name, a certified copy of business entity formation documents, or copy of the filing receipt having been obtained from the Secretary of State's office must be submitted. If none of the above documents apply to the applicant, a certified copy of a business certificate having been obtained from the County Clerk's office must be submitted with the application. As part of a renewal application, such certificate or filing receipt must be submitted only in the event that the business is to be conducted under an assumed name different than the name under which the business was previously conducted.

(6) Unless such drivers' school shall have been so licensed prior to the effective date of this Part, no license will be issued to a drivers' school under a name or title which is the same as the name or title of any other school holding a license or is a name or title so similar to the name or title of a school holding such license as to tend to confuse or deceive.

(d) Fees.

(1) Each original application for a license to conduct a drivers' school must be accompanied by the appropriate application fee, which shall in no event be refunded.

(2) After approval of an original application, a license will be issued upon payment of the appropriate license fee.

(3) The appropriate fee for a renewal of a license must accompany the renewal application. If such application is made prior to the expiration of the last license issued or renewed and such application results in approval by the department, the license shall be valid through the last day of the 24th month starting from the expiration date of the last license issued or renewed. If application for renewal is made within six months following the expiration date of the last license issued or renewed and such application results in approval by the department, such license shall be valid from its issuance date through the last day of the 23rd month after issuance.

(4) All fees must be paid by check, money order, or other payment method as specified by the commissioner.

(5) Neither surrender nor revocation or suspension of a license during any license or license renewal period shall entitle the holder to any refund on account of the fees paid therefor.

(e) A drivers' school, which has been licensed for at least five years without any suspension or revocation of its license by this department and which has conducted the pre-licensing course or other governmental authorized educational program, in each of the five years preceding the date of application to self-certify and to offer the 30-hour course, may apply to administer the instructor's written test, road sign and road tests, to collect a visual acuity report conducted by a health care professional listed in section 5.2(d) of this Title, and to certify that an applicant for a Drivers' School Instructor's Certificate (MV-524) has passed such tests. Such application shall list the names and addresses of all instructors who shall administer such tests and shall be amended whenever an instructor is added to or deleted from such list. The 30-hour course shall be conducted according to a curriculum supplied and monitored by the department.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.2 Licenses

(a) Upon approval of an application and of the place of business of the applicant, the commissioner will issue a license to the applicant. Such original license shall be valid until the last day of the 12th month following the date of its issuance. Such license document or current renewal license document thereof must be conspicuously displayed in the licensee's principal place of business at all times. At the time of issuance of an original license document or renewal license document, a license number will be assigned to the licensee which will be inscribed on such license document and subsequent renewal documents.

(b) No such license shall be issued unless every applicant, officer, partner, manager, shareholder or other person signing the application for license, as required, has furnished satisfactory evidence of good character, reputation, fitness and ability to comply satisfactorily with the regulations affecting drivers' schools.

(c) Except as provided in paragraph (3) of this subdivision, no license will be issued for a drivers' school or a branch thereof:

(1) if the place of business is within 1,500 feet of a building owned or leased by the State or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public;

(2) if the drivers' school is within 1,500 feet of an official New York State road test post in use at the time of the application therefor; nor

(3) if at the time of application for a new license, it shall appear that during the preceding license period a building owned or leased by the State or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public or an official New York State road test post has been established within 1,500 feet of such drivers' school or branch thereof, the commissioner may upon consideration of all of the circumstances, including but not limited to the relative location and a reasonable distance, less than 1,500 feet, of such building or road test post and the obligations of any lease of the premises occupied by such drivers' school or branch, waive the requirements of paragraphs (1) and (2) of this subdivision or give such drivers' school, in conjunction with the issuance of such renewal license, a reasonable time to relocate.

(d) No original license will be issued on or after the effective date of this Part for conducting a drivers' school in a city having a population of 250,000 or more unless the place of business is located in either:

(1) a portion of a building;

(2) a store; or

(3) an office devoted exclusively to nonresidential use, except if, through no fault of his own, the licensee is forced to leave his place of business, he shall have three months to relocate at another fixed location and during this interim period he may locate temporarily in quarters which will serve as a place of business upon the approval of the commissioner even though such temporary place of business may not conform to the requirements of this Part. If a portion of a building, store or office devoted to nonresidential use is required, such facilities must be open to the public for service at definite stated hours. The hours during which such facilities are open to the public for service must be listed with the commissioner and prominently displayed on the front door or front window of the drivers' school. Such facilities shall be manned by personnel whose names and addresses must be on file with the commissioner. If the facilities are shared with another business and are not reasonably free from other visible and/or audible activities, there must be a permanent wall or partition separating the two. The premises must be located in a well lighted, easily accessible permanent structure and maintained in a neat, businesslike manner with adequate seating space and furniture provided for the use of the students patronizing the school.

(e) No license shall be issued for conducting a drivers' school where the place of business is conducted from a house trailer, tent, temporary stand, temporary address, a residence room or residence rooms in a hotel, a bar or grill, billiard hall, gasoline station, garage, through the exclusive facilities of a telephone answering service, or from any other location which in the discretion of the commissioner is not considered to be a suitable facility for the conducting of a drivers' school. A telephone answering service can only be used as an adjunct to a school conducting its business at regularly licensed premises. In the case of a drivers' school dealing exclusively in motorcycle instruction, the place of business may be in a bona fide motorcycle dealer's headquarters, but not in the repair service area, provided that all other provisions of this Part are complied with.

(f) No application, including an application for change of location, will be approved unless the place of business has adequate office space, a minimum of 50 square feet. If classroom facilities are combined with office space, such total space must be at least 200 square feet. Maximum capacity will be calculated on the basis of 150 square feet for the first 10 or fewer students and 15 square feet for each additional student, with no more than 36 students in any class.

(g) No drivers' school may change its location without prior permission from the commissioner.

(h) No original license will be issued unless there shall be presented therewith evidence of the ownership by the applicant of the premises at which the business of the drivers' school is to be conducted or of a lease or rental agreement with the applicant covering the use of such premises for such business.

(i) No original license will be issued on or after the effective date of this Part unless the applicant or at least one instructor employed by the applicant currently has an MV-524 endorsed for vehicular instruction, has given at least 1,000 hours of behind-the-wheel instruction, and possesses a current valid driver's license. If any applicant or instructor employed by such applicant does not possess such 1,000 hours of behind-the-wheel instruction, he may apply to the commissioner for a waiver. For schools teaching motorcycle operation only a valid certificate of instructor training issued by the Motorcycle Safety Foundation, or any other form of instructor training approved by the commissioner, shall be deemed adequate minimal certification for the applicant or any instructor employed by the applicant.

(j) Licenses are not transferable.

(1) In the event of any change of ownership or interest in a business licensed as a sole proprietorship or partnership which enlarges or brings new persons into the business, a new application for a license must be filed immediately. Such application shall be considered as an application for renewal so long as one or more of the original licensees remains a part owner of the business.

(2) In the event of a change through a death or dissolution of a partnership and there is no replacement made, the remaining partner or partners may, upon notifying the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York, continue in business under the current license. If a new partner or partners are subsequently added, the provisions of paragraph (1) of this subdivision shall apply.

(3) The driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York must be notified immediately in the event that arrangements are made for the disposal of the business or the controlling interests therein, by sale or transfer of shares or otherwise, to any person or persons not named in the application for the last current license or renewal license of the business as the owner or co-owner or a controlling shareholder or managing member thereof. The commissioner in a proper case may permit continuance of the business by the current licensee, pending processing of the application made by the person or persons to whom the business or any such license therein is to be transferred. Such application by the transferee of such business or interest therein shall be considered as an original application for license and shall comply with all of the provisions of these regulations regarding the application for and issuance of an original license.

(4) Upon the issuance of the new license, the prior license, together with all instructors' certificates issued thereunder will become void and must be immediately surrendered to the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York. With such surrender of license, there shall also be filed a notice on form MV-526 signed by the school manager for each and every instructor whose certificate is so voided, setting forth the name, address and certificate number of such instructor and the total amount of logged time rendered by such instructor in behind-the-wheel instruction for the account of the school.

(k) If the license is lost or destroyed, a duplicate will be issued by the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York upon proof of the facts and payment of the fee of $2. Such proof shall consist of an affidavit indicating:

(1) date the license was lost or destroyed; and

(2) the circumstances involving the loss or destruction.

(l) In case of mutilation of a license, a duplicate will be issued by the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York upon surrender of such mutilated license and the payment of a fee of $2.

(m) In order to ensure continuity of licenses, a renewal application must be submitted not more than 60 days but at least 30 days prior to the date of expiration of the license being renewed. Failure to file a renewal application within the period specified herein may result in a delay in the issuance of the renewal license, and a period of time in which the applicant would be unlicensed. Applications for renewal of driving school licenses may be submitted for review up to six months after the expiration of the last license issued. However, no renewal application will be accepted more than six months after the expiration date of the expiring license. A driving school must have a valid license at the time that any services are provided or business is transacted.

(n) A license may be surrendered for cancellation, or deposited for safekeeping, at the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York issuing the license or other location as specified by the commissioner. In all such cases the licensee is required to state in writing the reason for such surrender or deposit.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.3 Changes in officers and addresses

(a) The driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York must be notified by the licensee in writing within 10 days of a change in the residence address of any individual owner, partner, officer, manager, director, majority shareholder or employee of any drivers' school.

(b) The driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York must be notified by the licensee in writing within 10 days of any change in the officers, directors or shareholders of any corporation holding a license. Such driver's school unit shall also be notified in writing within 10 days of any change in the identity of the manager of the business of the licensee or of a branch office of the licensee. In such case, there shall be supplied in writing with such notice and as to each new officer, director, shareholder or manager the same information as would be required on an original application for a license.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.4 Branch offices

(a) A branch office of a drivers' school is an office in a building other than the main office, utilizing the same business name, where some of the business functions of the drivers' school are transacted. A drivers' school desiring to open one or more branch offices must do so by filing an application for permission to operate a branch office. If the application is approved, the commissioner will issue a branch office license which must be permanently displayed in such office at all times. Such branch office license will be issued for a period expiring at the same time as the license of such drivers' school; and for the issuance and each renewal thereof there shall be paid a fee of $1.50 for each full year or any part thereof.

(b) Where the applicant for a branch office is conducting business under an assumed name, and the branch office is to be located in a county other than that in which the business is presently located, the applicant must submit with his application a copy of the certificate of assumed business name, certified by the clerk of the county in which such branch office is to be located, or a copy of the filing receipt obtained from the Secretary of State's office.

(c) No branch office may be removed to a new location without prior permission from the commissioner. If a branch office is discontinued, the license must be surrendered within 10 days after termination of business to the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York which issued such license, together with all certificates of instructors, if any, whose employment by or association with the licensee has been terminated upon the discontinuance of such branch office; there should also be filed a notice on form MV-526 signed by the school manager for each and every instructor whose certificate is so voided, setting forth his name, address and certificate number and the total amount of logged time rendered by such instructor in behind-the-wheel instruction for the account of the school.

(d) Each branch office must be equipped to, and shall, perform at such location substantially the same services as are supplied at the principal place of business.

(e) No branch office license will be issued unless there shall be designated in the application therefor a manager of such branch who shall not be the manager of the main office or of another branch. However, in the case of an individual proprietorship, the proprietor, and in the case of a partnership, one of the partners, if to be actively engaged as the manager of such branch, as certified by the application for such branch license, may be designated as such branch manager.

(f) The issuance of any branch license shall be subject to each and every of the same requirements and conditions as are set forth in section 76.2 of this Part.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.5 Private service bureau functions

(a) The business of a private service bureau is that of assisting for hire in securing licenses to drive motor vehicles, including learner's permits, or registrations or titles of motor vehicles as distinguished from giving instructions for hire in the operation of motor vehicles or motorcycles.

(b) Licensed drivers' schools are not required to obtain a private service bureau license in order to exercise the functions of a private service bureau. However, in order to do so such school must notify the commissioner thereof, and must comply with the rules and regulations governing private service bureaus.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

Required records Required Records

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.8 Records and contracts

(a) Every licensee shall maintain the following records and shall keep them current by posting each transaction by the close of the third business day following the date of the transaction:

(1) A student record, which may include either electronic or hardcopy media, for each student must contain the complete name, address and telephone number, if any, of such student, the number of each written contract entered into by him, if any, description of services rendered with date and time thereof, name of the instructor performing such services, and number of each receipt given to the student. Such records must be filed and maintained in alphabetic order, but may be maintained in two parts, active and inactive. The student record may not be removed from such file except for posting transactions.

(2) A system to record receipts and disbursements. Such system may be maintained either electronically or in paper form. Tracking must clearly identify whether the entry was a receipt or disbursement. The date of each receipt, name of the student from whom received, receipt number, and amount received must be entered therein; and the date of disbursement, name of payee, description of each disbursement, and the amount of payment must be entered therein. All copies of receipts, and the invoices relating to such disbursement must be retained by the licensee in support of such entries for a period of at least three years. In the case of a school with one or more branch offices, disbursements and invoices may be maintained at the main office and not at each branch office.

(3) A receipt is to be issued each time monies are paid to the school for instruction, training, materials, or for any service for which it is licensed and may make a charge. Such receipts must show the name and address of the school, the receipt number, the name of the student making the payment, the date of payment, amount paid, service rendered, contract number, if any, and duration of each lesson and be signed by an authorized representative of the school. The name and address of the school and the receipt number must be reprinted. Receipt numbers must be in sequence and repetition of numbers is not permissible. The original of each receipt is to be given to the student or person receiving the service, and the duplicate is to be retained by the school in numeric order.

(4) A licensee may substitute for the entries with respect to receipts, as required by paragraph (2) of this subdivision, consolidated entries showing the totals of named instructor's or receiver's duplicate receipts for any one day, provided the entry shows the first and last number of the receipts so issued by any one instructor or receiver. Only one system of recordkeeping of receipts, either as provided for by paragraph (2) of this subdivision or as provided for by this paragraph, may be used by any one licensee.

(b) A licensee may, if desired, contract in writing for the furnishing of lessons and other services to a student, but for such purpose may only use a form of contract which has been approved by the commissioner, and shall number and issue such contracts in consecutive numerical order maintaining on file in such numerical order a duplicate of each thereof; and shall enter the number of such contract on the student record card of the student named therein.

(1) the complete name and address of the school and, if the school is operated under a corporate or an assumed name, the name of the proprietor or principal officer thereof;

(2) the contract number;

(3) a statement concerning the number and duration of classroom and behind-the-wheel lessons to be given, other than the pre-licensing course, except that spaces may be provided for those portions which may vary on each individual contract. If the school offers a pre-licensing course, the contract must state that the contract price does not include the fee for the pre-licensing course;

(4) provision for the use of a vehicle, or vehicles, for the student's road test;

(5) a statement of the terms or alternative terms for payment of the tuition fee and for payment of any enrollment or registration fee;

(6) provisions for the insertion of the name and address of the student, the date of the contract, and for the signatures of the student and the licensee; and

(7) the following statement: "This agreement constitutes the contract between the school and the student, and no verbal statements or promises will be recognized."

(d) Each written contract made with a student, or if no contract shall be made each receipt issued to a student, shall set forth the following provisions for a refund:

(1) Except for contracts executed by schools licensed by the New York State Education Department and subject to the refund provisions of regulations promulgated by that department, prepayment for lessons and other services shall be subject to refund as follows: if the student, having given prior notice of at least 24 hours, withdraws from or discontinues a prepaid course of instruction or series of lessons before completion thereof, or from any other service for which prepayment has been made, or if the school is unable or unwilling to complete such prepaid course of instruction, or series of lessons, or to provide such other prepaid service, all payments made by the student to the school shall be refunded except:

(i) an amount equal to the enrollment fee, if any, specified in the contract or expressly receipted for, not to exceed the sum of $10 or 10 percent of the total, whichever is greater, specified cost of such course of instruction or series of lessons; and

(ii) the school's per-lesson tuition charge for each lesson already taken by the student, which charge shall be determined by dividing the total cost of such course of instruction or series of lessons by the number of lessons included therein.

(e) The instructor is required to ascertain, before giving behind-the-wheel training, that a student possesses a learner's permit or a driving license.

(f) If behind-the-wheel instruction is carried on in groups rather than with individual students, all contracts and advertisements of the driver training school must so indicate. No more than four persons, including the instructor, may occupy any motor vehicle during a behind-the-wheel instruction period.

(g) No school shall represent or agree, orally or in writing, to give instructions until a license is obtained by the applicant, as a part of an inducement to perform.

(h) If the licensee performs the functions of a private service bureau, records as required in section 77.5 of this Title, with respect to private service bureaus, must be maintained.

(i) The loss, mutilation or destruction of any records which a drivers' school is required to maintain under this Part must be reported to the commissioner immediately by affidavit stating:

(1) the date such records were lost, destroyed or mutilated;

(2) the circumstances involving such loss, destruction or mutilation; and

(3) the name of the precinct, police officer or police department to which such loss or destruction was reported, and the date of such report.

(j) All records and contracts must be retained for three years during which period they shall be subject to inspection by the commissioner or his duly authorized representative at all times during regular stated hours or upon the department's request.

(k) A contract entered into by a drivers' school and by a veteran or other eligible person receiving benefits pursuant to article 34, title 38 of the United States Code, whereby such veteran or other eligible person is a current holder of a certificate of eligibility issued by the Veterans Administration, for a specific course of instruction to be given at such drivers' school, must contain the following statements:

"If a student fails to enter, withdraws, or is discontinued before completion of the course, the sum charged for tuition (fees and other charges) for the completed portion of the course will be:

(a) $10 of the established registration fee; and

(b) the stated cost of such textbooks, tools, etc. as have been issued by the school and accepted by the student; and

(d) an amount derived from such absences as have occurred up to 20 percent of the length of the course multiplied by the hourly rate, except that the hourly rate shall be substituted for such absences as have been made up by scheduled work; and

(e) 10 percent of the tuition charged for that portion of the course completed by the student and described in (c) and (d) above. Any money paid to the school by the student, in excess of this sum, will be refunded promptly. A transcript of the student's record will be issued to the student provided all payments have been made in accordance with (a)-(e) above."

The refund provisions so contained in such veteran's contract shall be exclusively applicable thereto and in lieu of the refund provisions otherwise provided for by subdivision (d) of this section.

(l) A licensee may use a computer printout showing receipts and disbursements and all other information required by paragraph (a)(2) of this section. If the licensee has one or more branch offices, the printout must distinguish the receipts and disbursements of the main office from each branch. A copy of such computer printout must be maintained at the main office. If the licensee maintains its main office out-of-state, a computer printout pertaining to any branch office located in this State must be maintained at such branch office.

(m) A licensee, who is certified to administer the written, road sign and road tests to instructor applicants, must maintain the applicant's written test, report of road test and visual acuity report for three years.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

Equipment Equipment

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.11 School vehicles

(a) No vehicle owned or controlled by a drivers' school may be used for the purposes of giving driving instruction until the licensee has reported such vehicle information as is required by the commissioner.

(b) Drivers' school vehicles must be reported to the driver's school unit in the central office of the Department of Motor Vehicles, Albany, New York on a form prescribed for such purpose by the commissioner.

(d) All drivers' school vehicles, except motorcycles, must be equipped as follows:

(1) with seat belts for both the student and the instructor or a passive in-car restraint as approved by law, Federal regulation, or by the commissioner, additional rear-view mirror for the use of the instructor, and otherwise equipped in accordance with the Vehicle and Traffic Law. If the operation of such vehicle requires a class A, B or C license, it must also be equipped with an additional side-view mirror for the use of the instructor. Seat belts are not required on vehicles which may only be operated by a holder of a class A, B or C license, except for school buses, in accordance with section 49.2 of this Title; school buses are required to have seat belts as specified in section 49.6 of this Title, with the number of such seat belts dependent upon the seating capacity;

(2) with dual controls on foot brakes. Tractor trailer combinations owned or controlled by a drivers' school need not be equipped with dual controls on foot brakes. However, such combination must be equipped with some type of device, such as a trolley brake, which will permit the instructor to bring the vehicle to a halt;

(3) with a sign or signs if used for instruction purposes, containing the words STUDENT DRIVER in letters no less than two inches in height and one-fourth inch stroke, against a background of a contrasting color, visible from both the front and rear, and not obstructed by any other sign. The sign must contain all the letters of the words STUDENT DRIVER. The sign or signs may be one two-faced roof sign, or two roof signs, or a sign on the front and a sign on the rear, or front and rear bumper stickers. The sign may be either permanent or removable. The sign may contain advertising material. Notwithstanding the foregoing, compliance with this paragraph shall not be a prerequisite for the issuance of a record of drivers' school certified vehicles.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.12 Training facilities

If a school is approved to conduct the pre-licensing course, it must meet the requirements of Part 7 of this Title with regard to training facilities.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

Instructors and Instruction Instructors and Instruction

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.16 Instruction

(a) Drivers' schools licensed by the commissioner shall provide oral instruction during practical training to include subject matter relating to rules of the road, safe driving practices, driver responsibility, pedestrian safety care and use of automobile safety devices. In addition, the practical training shall include demonstration and actual training in starting, stopping, shifting, turning, backing, parking (except that backing and parking shall not be required in motorcycle instruction), steering, driving in both city and highway traffic (where practicable), and in defensive driving. All of the practical training must be in a vehicle which meets the requirements of the Vehicle and Traffic Law and, if a school-owned or -controlled vehicle, one which meets the requirements of this Part.

(b) The practical behind-the-wheel training consists of actual driving practice while the vehicle is in motion. This will not preclude incidental curbside oral instruction complementing the training being given during the lesson.

(c) No instructor shall give any driving instructions in the operation of a motor vehicle within any area designated by the commissioner as a road test area. However, an instructor may accompany and supervise a student residing within any such road test area from and to his place of residence for the purpose of giving such instruction outside of such road test area without violating the foregoing provisions.

(d) The instruction may periodically be observed by motor vehicle license inspectors and evaluated as to content and standards.

(e) The driving instructor shall, upon the request of his or her student who is the holder of a class DJ or MJ learner's permit, certify on a form prescribed by the commissioner the number of hours such student has spent operating a motor vehicle while under the immediate supervision of such driving instructor.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

Suspension, Revocation and Refusal to Renew Suspension, Revocation and Refusal to Renew

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.23 Suspension, revocation and refusal to renew

(a) The commissioner, or any employee of the Department of Motor Vehicles deputized by him, may suspend or revoke a license or refuse to issue a renewal thereof for any of the following causes:

(1) the conviction of the licensee or any partner, officer, agent or employee of such licensee, of a felony or of any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude;

(2) where the licensee has made a material false statement or concealed a material fact in connection with his application for the license or a renewal thereof;

(3) where the licensee has failed to comply with any of the provisions of section 394 of the Vehicle and Traffic Law or of the rules and regulations of the commissioner made pursuant thereto;

(4) where the licensee or any partner, officer, agent or employee of such licensee has been guilty of fraud or fraudulent practices in relation to securing for himself or another a license to drive a motor vehicle or motorcycle. The term fraudulent practices as used herein shall include, but shall not be limited to, any conduct or representation on the part of the licensee, or any partner, officer, agent or employee of a licensee, tending to induce another or to give the impression that a license to operate a motor vehicle or motorcycle, or any other license, registration or service granted by the commissioner, may be obtained by any means other than the ones prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, exacting or collecting money for such purpose; or

(5) the failure of the licensee or any partner, officer, agent or employee of the licensee to conduct the prescribed tests for instructor applicants in the manner authorized by this department and/or the failure of the licensee or any partner, officer, agent or employee of the licensee to conduct the 30-hour course to instructor applicants according to the curriculum supplied by this department and/or for the number of hours required by this department and this Part.

(b) The commissioner may revoke or suspend such license for causes and violations, as prescribed by this section, occurring during the two license periods immediately preceding the renewal of such license.

(c) The action of the commissioner in refusing to issue a renewal, or revoking or suspending a license or instructor's certificate, may be reviewed in a proceeding under article 78 of the Civil Practice Law and Rules.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

Classroom instruction Classroom Instruction

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.30 Applicability of drivers' school regulations

Except as provided in this section, this Part shall be applicable with respect to a course given by a drivers' school to a new driver.

(a) The provisions of this Part with respect to required records of a drivers' school shall not be applicable with respect to any student who is taking only the pre-licensing course.

(b) For the purposes of school location, a facility used to provide classroom training only shall not be considered a place of business.

(d) An instructor of the pre-licensing course must also meet the requirements of Part 7 of this Title.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 76.31 Violations

A violation of any regulation with respect to a classroom training course authorized pursuant to Part 7 of this Title, shall be considered to be a violation of this Part, and shall be a ground for suspension or revocation of a drivers' school license or instructor's certificate.

History

Amended New York State Register September 7, 2016/Volume XXXVIII, Issue 36, eff. 9/7/2016

Part 77 Private Service Bureaus

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.1 Applications

(a) A private service bureau license is required of any person, firm, association or corporation engaged in the business of assisting for hire in securing licenses to drive motor vehicles, or registrations or titles of motor vehicles.

(b) The holder of a drivers' school license will not be required to secure a private service bureau license in order to engage in business as a private service bureau. However, schools desiring to conduct a private service bureau must file a copy of their intention to conduct such a business and submit a copy of the receipt form for approval. Such schools shall be subject to the rules and regulations concerning the conduct of licensed private service bureaus.

(1) Original applications for a license to conduct a private service bureau may be obtained by contacting the Private Service Bureau Unit at Six Empire State Plaza, Partner and Document Management Unit, Room 322P, Albany, NY 12228.

(2) Original applications must be filed at the Department of Motor Vehicles, Six Empire State Plaza, Partner and Document Management Unit, Room 322P, Albany, NY 12228.

(c) The application must be signed and sworn to by the applicant, if an individual. In case of a corporation, association or partnership, the application must be signed and sworn to by an officer or member on behalf of the applicant. If the applicant is a corporation, association or partnership, the application must be signed by each officer or partner at the appropriate place. If the business is conducted under an assumed name, a certified copy of the certificate filed with the county clerk, or copy of the filing receipt obtained from the Secretary of State's office, must be submitted with the application.

(d) A fee of $25 must accompany the application when submitted. If the application is rejected, a refund will not be granted. If the application is approved, an additional fee of $25 is required for the certificate of license. Licenses expire midnight, June 30th of each year.

(e) The name and address, and other information, of all persons employed by a private service bureau shall be entered on the application in the appropriate place.

(f) Do not mail cash or stamps, as this department will not be responsible for any loss.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.2 Licenses

(a) Licenses are not transferable. If the business is sold, the purchaser must file an original application for a new license. If the certificate of license is lost, mutilated or destroyed, a duplicate will be issued upon proof of the fact and the payment of a fee of one dollar.

(b) The certificate of license must be displayed conspicuously in the licensee's principal place of business.

(c) If a private service bureau is discontinued, the license must be surrendered to the department, where it will be retained. If the owner desires to resume the business during the life of the license, application may be made for the return of the license. Similarly, if a branch office is discontinued, the certified photostat copy must be filed with the department.

(d) No license shall be issued for a private service bureau in a city having a population of 50,000 or more, if the place of business, or branch thereof, is within 1,500 feet of a building owned or leased by the State, a county or a city, in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.3 Renewals and amendments

(a) If services, other than those already listed on the application, are adopted at any time, the licensed private service bureau must notify the Department of Motor Vehicles at once in writing of the additional services.

(b) No licensed private service bureau or branch thereof may be moved to an address other than that on record in the Department of Motor Vehicles without the owner of the business first obtaining permission from the Commissioner of Motor Vehicles. Application for a change of address must be made in writing to the department.

(c) The Department of Motor Vehicles must be notified in writing immediately if there is a change in the address of any member of the firm, partnership or corporation.

(d) Renewal applications for a license to conduct a private service bureau may be obtained by contacting the Private Service Bureau Unit at Six Empire State Plaza, Partner and Document Management Unit, Room 322P, Albany, NY 12228.

(e) Renewal applications must be filed at the Department of Motor Vehicles, Six Empire State Plaza, Partner and Document Management Unit, Room 322P, Albany, NY 12228.

(f) The renewal application must be signed and sworn to by the applicant, if an individual. In case of a corporation, association or partnership, the application must be signed and sworn to by an officer or member on behalf of the applicant. If the applicant is a corporation, association or partnership, the appropriate item on the application must be signed by each officer or partner.

(g) If the business is conducted under an assumed name, and there has been a change in the name since your present private service bureau license was issued, a certified copy of the certificate of assumed name filed with the county clerk, or a copy of the filing receipt obtained from the Secretary of State's office, must be submitted with the application. Likewise, any change in proprietorship, where business is a partnership, requires a certificate submitted with the application.

(h) The renewal fee is $25 per year for a two year renewal. Licenses expire midnight, June 30th of the second year. Applications for renewals should be filed at least 30 days prior to June 30th. If the renewal application is approved, a new certificate of license will be issued.

(i) The Department of Motor Vehicles must be notified immediately, on a form provided by the department, when additional or substitute employees are engaged during the year, or of a change in corporate officers or individuals doing business under a trade name.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.4 Branch offices

Licensed private service bureaus desiring to operate a branch office shall make application for this privilege on a form provided by the department. If the application is approved, the branch office may be operated under the license issued for the principal place of business, provided a certified photostat copy of the license is obtained from the department upon payment of the proper fee and displayed conspicuously in the branch office.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.5 Records

The licensed private service bureau must:

(a) maintain a book of registry which shall set forth the name, address, services rendered and the cost of services of each person obtaining services for hire. The register shall be subject to inspection by representatives of the Department of Motor Vehicles and police officers;

(b) maintain a form of receipt which shall be the same as the receipt submitted to and approved by the Department of Motor Vehicles;

(c) issue receipts in carbon or computer generated duplicate, the original to be given to the customer at the time the transaction is made, and the carbon or computer generated duplicate retained by the private service bureau.

(d) the receipt forms shall be numbered consecutively, and in addition, the receipts shall contain:

(1) the name and address of the private service bureau;

(2) the statement, "This is a licensed private service bureau but is not an official agency of the Department of Motor Vehicles, State of New York";

(e) if the business is owned by an individual or a partnership and conducted under an assumed name, the name or names of ownership must be included on the receipt forms directly under the name of the business;

(f) upon issuing a receipt to a customer, the private service bureau must enter thereon:

(1) the name and address of the customer;

(2) the nature of each service rendered;

(3) the entire amount received from the customer;

(4) the amount paid to the Department of Motor Vehicles for each service rendered;

(5) the amount retained for each service by the private service bureau for its services;

(6) the signature of the owner, officer or employee performing the services.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.6 Employees

No person may be employed in any capacity in a licensed private service bureau who has been convicted of a felony or a misdemeanor unless such person is approved by the Commissioner of Motor Vehicles.

History

Amended New York State Register September 25, 2019/Volume XL, Issue 39, eff. 9/25/2019

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.7 Advertising

(a) The licensed private service bureau may display on the outside or inside of the place of business a sign or signs describing the services offered as a licensed private service bureau. If a fee for any services is publicly announced or displayed by a sign, placard or otherwise, the private service bureau must maintain the fee so advertised as the fee for service.

(b) A licensed private service bureau must not publish, advertise, display or intimate that registration plates and chauffeur or operator licenses are guaranteed or assured. The display of signs such as "licenses and plates secured here" is forbidden. The words "licenses and plates secured" may be used.

(c) The letters and numerals of any sign, or combination of two or more signs used as part of the same message and relating to private service bureaus activities shall be of uniform size. This applies to those signs which are newly displayed, installed or erected on and after May 1, 1938, or replace existing signs on and after that date.

(d) Licensed private service bureaus may place in or on a window a sign reading, "This service bureau licensed by the State of New York". This sign shall not be more than 144 square inches in size.

(e) Suitable banners or signs may be displayed but the use of the word "State", except as permitted in the preceding subdivision is not allowed.

(f) Disclaimer. In any case where a private service bureau maintains a website that offers services or transactions that an applicant could obtain or conduct directly via the department's own website, the private service bureau must include the following language by means of a statement on its website on any pages that refer to licensing, registration or title transactions performed by the New York State Department of Motor Vehicles in a noticeably distinct manner and in bold type New York State Department of Motor Vehicles in a noticeably distinct manner and in bold type of a size equal to at least 24 point type:

NOTICE THIS TRANSACTION OR SERVICE IS ALSO AVAILABLE, AT NO ADDITIONAL CHARGE, DIRECTLY FROM THE OFFICIAL DEPARTMENT OF MOTOR VEHICLES WEBSITE AT www.dmv.ny.gov

History

Amended New York State Register September 13, 2017/Volume XXXIX, Issue 37, eff. 9/13/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 77.8 Provisions relating to dealers registered pursuant to section 415 of the Vehicle and Traffic Law

(a) A dealer is registered under the provisions of section 415 of the Vehicle and Traffic Law is not required to obtain a license as a private service bureau in order to engage in the business of assisting for hire in securing registrations or titles of motor vehicles for customers who have purchased vehicles from that dealer but a license as a private service bureau is required if a dealer engages in the business of assisting in securing registrations for titles for the general public.

(b) The provisions of sections 77.1 through 77.6 of this Part shall not be applicable to such a dealer engaging in private service bureau activities for customers who have purchased vehicles from that dealer but shall apply if a dealer engages in private service bureau activities for the general public.

(c) Such a dealer may charge a person who purchases a vehicle from such dealer a fee for assisting in securing a registration and/or certificate of title for such vehicle provided the dealer actually performs the service of filing the application for title and/or registration with the Commissioner of Motor Vehicles or his issuing agent. The fee charged by the dealer may not exceed $175. Such fee does not include the fee required to be paid to the Department of Motor Vehicles for issuance of the registration or for issuance of a certificate of title, nor shall such fee include the fee charged for the motor vehicle inspection of the vehicle.

(d) If a fee is charged by the dealer for assisting in securing a registration and/or title, the dealer shall print the quoted statement and asterisked statement required by section 78.19(d) of this Title on all copies of the invoice or bill of sale in a type size not smaller than the type size used for other charges on such document.

(e) The commissioner or his representative may examine records of the dealer with respect to any private service bureau activities conducted by the dealer.

History

Amended New York State Register August 18, 2021/Volume XLIII, Issue 33, eff. 8/18/2021

Part 78 Dealers and Transporters

Registration procedure Registration Procedure

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.1 Introduction

(a) Section 415 of the Vehicle and Traffic Law, as amended effective January 1, 1963, provides that no person shall engage in business as a dealer, or represent or advertise that he is engaged or intends to engage in such business in New York State unless there shall have been issued to him a certificate of registration as provided in subdivision 7 of section 415 of the Vehicle and Traffic Law. Therefore, any individual, firm, corporation, copartnership or association engaged in the business of buying, selling or dealing in motor vehicles, motorcycles or trailers, other than mobile home trailers, at retail or wholesale, shall be required to make application for registration with the Commissioner of Motor Vehicles and shall not be permitted to engage in the business unless the application is approved and a certificate of registration issued. Any person who sells, or offers for sale, more than five motor vehicles, motorcycles or trailers, other than mobile home trailers, in any calendar year or who displays or permits the display of three or more motor vehicles, motorcycles, or trailers, other than mobile home trailers, for sale at any one time or within any one calendar month upon premises owned or controlled by him, if such vehicles were purchased, acquired or otherwise obtained by such person for the purpose of resale, will be regarded as a dealer.

(b) A dealer engaged in business consisting in whole or in part of buying, selling or dealing in motor vehicles, motorcycles or trailers at retail shall be required to register as a retail dealer.

(c) A dealer engaged in business consisting exclusively of buying, selling or dealing in motor vehicles, motorcycles or trailers at wholesale is required to register as a wholesale dealer.

(d) A person engaged in the business of buying motor vehicles, motorcycles or trailers for the purpose of dismantling the same for parts, or reselling such vehicles as scrap is not considered to be a dealer, and is not required to register as a dealer solely by reason of such business. In any month, a dealer who classifies 25 percent or more of vehicles sold as salvage on the certificates of sale, form MV-50, must register as a vehicle dismantler.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.2 Definitions

The following words and phrases when used in this Part shall have the meanings ascribed to them in this section:

(a) New vehicle. A vehicle sold or transferred by a manufacturer, distributor or dealer, and which has not been placed in consumer use, titled, transferred to someone other than a manufacturer, distributor, or dealer, or used as a demonstrator.

(b) Demonstrator. A vehicle which has not been placed in consumer use but which has been used primarily for the purpose of demonstration by a manufacturer, distributor or dealer.

(d) Junk vehicle. A vehicle sold for use other than on the public highways.

(e) Wholesale vehicle. A vehicle sold by a registered dealer to another registered dealer or to a person engaged in wholesale buying and selling of vehicles.

(f) The term dealer includes both a retail dealer and a wholesale dealer, unless otherwise specifically noted.

(g) The term registered dealer includes both a registered retail dealer and a registered wholesale dealer, unless otherwise specifically noted.

(h) Mobile home trailer. A transportable structure designed to be used for permanent residential occupancy and which is not ordinarily registered as a trailer nor ordinarily towed along a highway.

(i) Sale. A sale occurs when a customer and a dealer sign a binding agreement to purchase and sell a vehicle, or when a customer signs an agreement to purchase a vehicle and a dealer acts upon the agreement, or when a customer delivers to the dealer money or other valuable property as a deposit or as payment in full for a vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.3 Application for dealer's registration

(a) An application for dealer's registration must be filled out in the exact name of the corporation, firm or individual transacting the business. If the registrant is a corporation, the name, residence address and title of each officer is to be entered under the appropriate item on the application, which must be signed by an officer of the corporation or a duly authorized agent who has been delegated the power of attorney. If the registrant is a partnership, the signature of each partner is required under the appropriate item, and the application must be signed by one of the partners.

(b) The completed application, necessary enclosures and check or money order should be sent to the Department of Motor Vehicles at the address shown on the form.

(c) Proof of insurance. Before dealer or transporter plates will be issued, the applicant for such plates must present to the commissioner an insurance I.D. card as prescribed by regulations of the commissioner covering any motor vehicle owned or controlled by the dealer and operated under a dealer plate issued to such dealer.

(d) Place of business in New York. An applicant for a dealer registration must have and continuously maintain a place of business in this state. Only a New York registered retail dealer may engage in the buying and selling of vehicles at retail as a business in New York. An application for registration shall be denied, or, if one has been approved, such registration shall be subject to suspension, revocation and/or a civil penalty as provided for in section 78.32 of this Part, where the Commissioner has reasonable grounds to believe that such application has been or will be used for the purpose of circumventing the restrictions set forth in section 78.8 of this Part regarding sales away from premises.

History

Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.4 New motor vehicle dealer provisional registration

(a) A new motor vehicle dealer may apply for a new motor dealer provisional registration (hereinafter referred to as provisional registration). The application for a provisional registration shall be filed in such form and detail as the commissioner shall prescribe, and shall be filed concurrently with the original application for a new motor vehicle dealer registration. If an application for a provisional registration is denied, the applicant shall not be entitled to an appeal or hearing regarding the denial.

(b) The holder of a provisional registration shall be granted the same rights and privileges as are granted to the holder of a new motor vehicle dealer registration, except that the commissioner may suspend a provisional registration for the same reasons that a dealer registration is subject to suspension for a violation or violations of this Part or of section 415 of the Vehicle And Traffic Law. If the provisional registration is suspended pursuant to the provisions of this subdivision, the commissioner shall provide the provisional registrant with actual notice of the suspension at least seven calendar days prior to the effective date. The holder of the provisional registration shall not be entitled to an appeal or hearing if such provisional registration is suspended. The holder of a provisional registration shall be subject to the same rules and regulations that apply to the holder of a new motor vehicle dealer registration, except if such rules and regulations are inconsistent with the provisions of this section.

(c) The holder of a provisional registration who has purchased or acquired, or who plans to purchase or acquire, the place of business from a registered new motor vehicle dealer:

(1) shall not sell or transfer a vehicle unless it has in its possession a proof of ownership or transfer document in its name;

(2) shall not engage in business in the name of the selling or transferring new motor vehicle dealer registration;

(3) shall not use any dealer plate, dealer issued plate, or unused certificate of sale that had been issued to the selling or transferring registered new motor vehicle dealer by the department;

(4) shall display the provisional registration in a conspicuous manner.

(d) If a new motor vehicle dealer with a provisional registration purchases or acquires a place of business from a registered new motor vehicle dealer, then within 30 business days of the issuance of the provisional registration, the dealer must ensure that:

(1) a certificate of sale is issued transferring ownership of all vehicles included in the sale or transfer; and

(2) the new motor vehicle dealer registration, all dealer plates, dealer issued plates, and unused certificates of sale that had been issued to the selling or transferring dealer are surrendered to the department or are accounted for.

(e) If the commissioner has suspended a provisional registration, or if a provisional registration has expired, and the dealer that held such provisional registration has not obtained a valid new motor vehicle dealer registration, then all dealer business operations at that location shall immediately cease, and the dealer shall surrender the provisional registration, all dealer plates, and all certificates of sale to the department.

(f) The holder of a provisional dealer registration must provide to the department within 30 days of the issuance of the provisional registration all information necessary for review of the dealer registration application and all required documentation relative to the sale and transfer of the business.

(g) The provisional dealer registration shall expire 60 days from the date of issuance of such registration or when the department completes its investigation related to the application for a new motor vehicle registration, whichever is later.

(h) The holder of a provisional dealer registration must notify the department immediately if the opening of the dealership is cancelled and such holder must return all supplies within 10 days.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.5 Display of business certificate

The official business certificate of registration (form MV-61U) must be displayed conspicuously in the dealer's place of business. This certificate is issued in addition to the regular registration stubs which accompany the dealer or transporter plates.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.6 Amendments to registration

(a) Change in members of a partnership or officers of a corporation.

(1) The Department of Motor Vehicles must be notified immediately, in writing, if there is a change in either the members of a partnership, or the officers of a corporation, registered as a dealer. Notification must contain the name and residence address of the new member or officer and the member or officer who has been succeeded. Notification must be sent to the Department of Motor Vehicles at the address shown on the amendment form.

(2) The registration of a dealer in the names of two or more persons as partners or otherwise shall not expire on change in ownership as long as one person named as a partner remains the owner or part owner. This policy applies also where two or more partners increase the number of partners, but does not apply where an individual forms a partnership nor where a corporation is involved.

(3) In effecting a change, it is necessary for the dealer to submit an amendment form, MV-82, with the required number of certificate stubs, the certificate of registration and the stubs in the old name.

(4) In those cases where a partnership is dissolved, the partner leaving the firm is required to affix his signature to the amendment form in addition to the signatures of the remaining partners.

(b) Change of address, name or status. The Department of Motor Vehicles must be notified on the amendment form:

(1) within 30 days of any change of address; and

(2) immediately if the name of the dealership or the name of the individual owner, a partner, or a stockholder of more than 10 percent of the share changes.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.7 Assumed names

(a) Whenever a dealer files a certificate of doing business under an assumed name with the county clerk, the dealer shall also file a copy of the certificate with the commissioner. Thereafter, the dealer may do business in either his real name or his assumed name. A dealer may have any number of assumed names without needing additional dealer registrations if every assumed name begins with the same word or name. However, if the assumed names begin with different words or names, then a separate dealer registration is required for each name.

Example:John B. Smith Motor Cars, Inc., may have the assumed names John B. Smith Ford, John Boy Chevrolet and John and Jill Toyota under a single-dealer registration. The assumed names Johnny's Dodge, Honest John Buick and JBS Volkswagen would require three-dealer registrations.

(b) When a dealer sells a vehicle for which the proof of ownership is in an assumed name, the certificate of sale (form MV-50) shall be written in the dealer's actual name d/b/a the assumed name.

Example:Triple Q Ford, Inc., a registered dealer is permitted to do business under the assumed name Triple Q Jaguar. When the dealer receives a Manufacturer's Certificate of Origin from Jaguar Manufacturing Corporation, it is made out to Triple Q Jaguar. When the car is sold, the name of the dealer must appear on the MV-50 as Triple Q Ford, Inc. d/b/a Triple Q Jaguar.

(c) A dealer will be responsible for all transactions conducted by it, whether in real name or assumed name. Any suspension or revocation action, or imposition of a civil penalty, will apply to all dealer registrations at one location.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.8 Sales away from premises

(a) Except as otherwise provided in subdivisions (b) and (c) of this section, a dealer shall make all sales at the registered place of business.

(b) A dealer may make a sale at the home or place of business of a customer.

(1) written authorization is issued by the regional director of the Division of Vehicle Safety Services in the region in which the dealership is located, and such written authorization is kept at the booth or desk of the dealer in the away-from-premises location. Such authorization is not required to sell one or more vehicles at an auction to which only wholesale purchasers are admitted;

(2) the dealer staffs, for the entire duration of the sale, a booth or desk at the away-from-premises location which has the dealer's name, registered street address, registration number and telephone number displayed proportionate to the size of the sign or in letters at least four inches high with a stroke of three-fourths of one inch on a sign at least 18 square feet in size. All sales must take place at the booth or desk;

(3) the dealer keeps all security items (e.g., forms MV-50 and MV-TCR) in a secure safe or locked drawer at the booth or desk, if they are brought to the away-from-premises location.

(d) The appropriate regional director of the Division of Vehicle Safety Services shall authorize away-from-premises sales for a dealer if:

(1) a written request from a dealer, on a form prescribed by the commissioner, is received at least twenty days before the sale is to begin;

(2) the sale location is within twenty (20) miles of the dealer's registered location, provided, however, in the counties of Westchester, Rockland, Bronx, New York, Kings, Queens, Richmond, Nassau and Suffolk, the sale location is within six (6) miles of the dealer's registered lo- cation; and

(3) the sale is to be of ten consecutive days duration or less;

(4) neither the dealer nor the away-from-premises location has a his- tory of violations; and

(5) all third party participants in such sale are identified at the time of the request, and, in the case of banks and/or credit lenders, are certified by the New York State Department of Financial Services to operate in New York State,

(6) the sale location complies with all applicable local zoning requirements and, if required, all necessary permits have been acquired and are maintained at the dealer's registered location.

(e) The provision of subdivision (c) of this section regarding the maximum number of sales per calendar year and the provision of paragraph (2) of subdivision (d) of this section regarding the location of sales shall not apply to sales of recreational vehicles. For the purpose of this section, the term ''recreational vehicle'' shall have the same meaning as ''house coach'' as such term is defined in section one hundred nineteen of the Vehicle and Traffic Law.

(f) All advertising for sales away from the dealer's registered location shall include the dealer's name, registered street address, facility registration number and telephone number.

(g) A display of a vehicle at which the dealer has no sales personnel or employee present shall be considered a display and not a sale and is permitted without compliance with this section. A display of a vehicle at which the dealer has a sales person or employee present requires the dealer to comply with this section; provided, however, that a display of vehicles at an event, such as an auto show, in which numerous manufacturers participate and which is for the purpose of display is permitted without compliance with this section.

History

Amended New York State Register August 5, 2015/Volume XXXVII, Issue 31, eff. 8/5/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.9 Electronic recordkeeping and transmission of information related to the sale of vehicles

(a) Vehicle Electronic Reassignment and Integrated Facility Inventory system. Except as provided in subdivision (c) of this section, dealers are required to use the Vehicle Electronic Reassignment and Integrated Facility Inventory (VERIFI) system to transfer ownership of all vehicles and record vehicle sales. Dealers are required to:

(1) Sign a facility participation agreement with a vendor selected by the commissioner;

(2) Use the VERIFI system, as prescribed in the vendor's facility participation agreement;

(3) Electronically transmit the information set forth in the book of registry, records of paper MV-50 forms, and records of paper temporary certificates of registration;

(4) When an electronic MV-50 cannot be issued due to the nature of the sales transaction, such as a sale to a party in another state, use a paper MV-50 pursuant to the terms in the facility participation agreement, and record required data in the VERIFI system via the methods prescribed by the VERIFI facility participation agreement. Data recorded on any paper MV-50 must be entered into the VERIFI system no later than the time of issuance of the paper MV-50 to the buyer;

(5) Maintain an active and valid account with the VERIFI vendor, per the terms of the facility participation agreement, in order to issue electronic MV-50s and to receive and issue paper MV-50s. Failure to maintain an active and valid account with the VERIFI vendor and follow the procedures set forth in the facility participation agreement shall be a violation of this subdivision.

(b) Fees: The fee for each electronic Retail or Wholesale Certificate of Sale (MV-50 or MV-50W) shall be the same as the fee for the paper version of the form, as set forth in Vehicle and Traffic Law section 415(6). Dealers must pay a per transaction fee to the vendor, as set forth in the facility participation agreement.

(1) The Commissioner may, upon written request, in a form prescribed by the Commissioner, exempt a dealer from the requirement to use the VERIFI system as required by subdivision (a) of this section, provided the dealer:

(i) sells fewer than ten vehicles per year, and

(ii) has two or fewer dealer demonstration and/or transporter plates, and

(iii) is not enrolled in Dealer Partnering Program or a participant in the Dealer Plate Issuance Program, and

(iv) has not had a dealer registration suspended or revoked since the effective date of this section.

(2) Dealers granted an exemption under this section must sign a facility participation agreement with the vendor and pay the appropriate transaction fee for each sale of a vehicle. Within five (5) days of the date of sale of the vehicle, dealers must report required data recorded on an MV-50 or MV-50W to the vendor via paper or by telephone, as specified in the VERIFI facility participation agreement. Failure to maintain an active and valid account with the VERIFI vendor and follow the procedures set forth in the facility participation agreement shall be a violation of this subdivision and shall result in the withdrawal of any exemption previously granted to such dealer.

(3) If a dealer registration is suspended or revoked on or after the effective date of this section, any exemption granted to such dealer under this section shall be deemed void and of no effect.

(d) Exemption from Recordkeeping Regulations: Notwithstanding any other provision of this Part, a dealer who has not been granted an exemption under subdivision (c) of this section, and who complies with the provisions of this section regarding the filing of records via the VERIFI system, shall be exempt from retaining and filing the paper record of the MV-50 form and the temporary certificate of registration for transactions conducted in the VERIFI system as set forth in this Part.

History

Adopted New York State Register March 23, 2016/Volume XXXVIII, Issue 12, eff. 3/23/2016

Sales of Vehicles Sales of Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.19 Dealers who aid in securing registrations, titles, or special or distinctive plates

(Note: This section duplicates section 77.8 of this Subchapter.)

(a) A registered dealer is not required to obtain a license as a private service bureau in order to engage in the business of assisting for hire in securing registrations or titles of motor vehicles for customers who have purchased vehicles from that dealer but a license as a private service bureau is required if a dealer engages in the business of assisting in securing registrations or titles for the general public.

(b) The provisions of sections 77.1 through 77.6 of this Subchapter shall not be applicable to such a dealer engaging in private service bureau activities for customers who have purchased vehicles from that dealer. Section 77.7 shall apply to such a dealer.

(c)

(1) Special or distinctive plates. Such a dealer may charge a person who purchases a vehicle from such dealer a fee for assisting in obtaining or ordering a special number or distinctive license plate from the Department of Motor Vehicles provided the dealer actually performs the service of filing the application for the plate with the Commissioner of Motor Vehicles. The fee charged by the dealer may not exceed $5.

(2) Such a dealer may charge a person who purchases a vehicle from such dealer a fee for assisting in securing a registration and/or certificate of title for such vehicle, provided the dealer actually performs the service of filing the application for title and/or registration with the Commissioner of Motor Vehicles or his issuing agent. The fee charged by the dealer may not exceed $175. Such fee does not include the fee required to be paid to the Department of Motor Vehicles for issuance of the registration or for issuance of a certificate of title, nor shall such fee include the fee charged for the motor vehicle inspection of the vehicle.

(d) If a fee is charged by the dealer for assisting in securing a registration and/or title or securing special or distinctive plates, the dealer shall print the following statement and asterisked statement on all copies of the invoice or bill of sale in a type size not smaller than the type size used for other charges on such document:

"Dealer's optional fee for processing application for registration and/or certificate of title, and for securing special or distinctive plates (if applicable). THIS IS NOT A DMV FEE. *$________''

The asterisk and the following language shall be printed below the above statement:

*The optional dealer registration or title application processing fee ( $175 maximum) and special plate processing fee ($5.00 maximum) are not New York State or Department of Motor Vehicles fees. Unless a lien is being recorded or the dealer issued number plates, you may submit your own application for registration and/or certificate of title or for a special or distinctive plate to any motor vehicle issuing office.

(e) The commissioner or his representative may examine records of the dealer with respect to any private service bureau activities conducted by the dealer.

History

Amended New York State Register August 18, 2021/Volume XLIII, Issue 33, eff. 8/18/2021

Temporary Certificates and Dealer Plates Temporary Certificates and Dealer Plates

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.23 Dealer-issued temporary registration-Vehicle and Traffic Law, section 420-a

(a) Eligibility of dealers.

Any dealer who has been a registered retail dealer in New York State or any other state for at least one year may make application to the commissioner, on a form provided by the commissioner for authorization to issue temporary registrations pursuant to section 420-a of the Vehicle and Traffic Law. The commissioner may waive the one-year waiting period for a dealer adding another dealership if the person or persons operating the business have a history of satisfactory participation in the dealer issued plate program within the last five years or for a newly licensed dealer who sells new vehicles.

(b) Distribution of registration number plates to authorized dealers.

(1) Upon approval of an application submitted pursuant to subdivision (a) of this section, a dealer may request a supply of registration number plates on a form provided by the commissioner. Such requests must be addressed to the commissioner at the location designated on the request form, and each such request must be accompanied by a fee of $2 for each set of registration number plates requested.

(2) The commissioner will prescribe the minimum and maximum number of registration number plates which can be requested by a dealer at any one time and the time at which a dealer may submit a request for additional supplies of registration number plates. The number of registration number plates which will be issued to a dealer will be based upon the number of such plates which can reasonably be anticipated to be issued by the dealer during a specific period of time. Number plates will only be issued to a dealer by boxes of plates.

(3) Registration number plates will be delivered by the department to the place of business of the dealer. Upon delivery, the dealer must immediately forward to the commissioner a receipt for the plates delivered.

(4) Boxes of registration number plates should not be opened until the box is to be used. At that time the dealer must examine all registration number plates in the box being opened. The dealer must immediately notify the commissioner of any missing or mutilated plates or sets of plates in that box. Notification should be on the letterhead of the dealer and should be sent to the commissioner at the location given on the request form for such plates. Mutilated plates and the remaining plate of an incomplete set must be returned to the commissioner with the letter.

(1) A retail dealer shall issue a form MV-TCR as the temporary certificate of registration issued pursuant to section 420-a of the Vehicle and Traffic Law and this section.

(2) The MV-TCR shall be completed in the same manner as it would be for issuance pursuant to section 420 of the Vehicle and Traffic Law and section 78.20 of this Part.

(d) Issuance of temporary registrations by dealers.

(1) A dealer may only issue a temporary registration pursuant to this section:

(i) to a retail customer to whom a properly inspected new or certified used vehicle has been sold or transferred by such dealer; and

(ii) for a vehicle which is eligible for registration with a standard series plate (passenger vehicle), a motorcycle plate, a limited use motorcycle plate, a commercial series plate or a trailer plate (tractor plates and special purpose commercial plates are not included); and

(iii) when a certificate of sale (form MV-50) with a matching serial number has been completed.

(2) Before issuing such a registration, the dealer must have physical possession of all documents which are necessary in order to have a registration and certificate of title issued by the department for the vehicle.

(3) The dealer shall exhaust the supply of plates in a series previously issued to him before issuing plates from a supply of plates in that series delivered later. He shall also issue plates within a series within any one delivery made to him in alphanumeric order.

(4) The dealer shall place the appropriate registration number plates on the vehicle in accordance with section 402 or section 411 of the Vehicle and Traffic Law. He shall place the temporary certificate of registration on the inside of the windshield in the lower left-hand corner with the front of the certificate facing out if the motor vehicle has a windshield; and if it does not have a windshield, he shall deliver it to the registrant so that it may be produced to a police officer upon request.

(e) Submission of registration and title application.

(1) Within five calendar days of the date of issuance of the temporary registration, the issuing dealer must submit the completed application for registration and title (including the number of the registration plate issued by the dealer), together with all necessary documents and fees to an issuing office of the department or to a county clerk acting as agent of the commissioner. If submitted to a department issuing office, the completed application must be sent by mail.

(2) The application (form MV-82) and the certificate of sale (form MV-50) shall be completed in the normal manner except that on the MV-50 the dealer shall put the notation "D.T." and the number of the registration plate he has issued in the space titled "plate number of purchaser" and on the application for registration (form MV-82) the dealer shall enter all information called for in section entitled "Only To Be Completed by a Licensed New York State Dealer or DMV Staff" and sign the certification.

(3) If there are any errors in the application for registration, documents or fees submitted, the submitting dealer will be notified and the dealer shall submit corrected material without unnecessary delay.

(f) Issuance of registration.

Upon receipt of proper application, documentation and fee, the department issuing office will mail, or the county clerk will mail or deliver the registration certificate to the registrant.

(g) Records.

(1) A dealer who issues a temporary registration pursuant to this section must keep, at the dealer's place of business, a record of all such registrations issued by him, both by plate number and by name of registrant. Such record must contain all of the information with respect to the registrant and the vehicle which is contained on the application for registration, as well as the date the temporary registration was issued. Such records must be recorded on a daily basis and such information must be available to police enforcement agencies at all times, and to agents of the commissioner during normal business hours.

(2) The dealer shall also keep a record of the date the application for registration was submitted to the commissioner. Such record must be entered by the close of the succeeding business day and must be available to police enforcement agencies and to agents of the commissioner during reasonable business hours.

(3) If any registration number plates are stolen or lost by the dealer, the dealer shall notify the local police agency and the commissioner of such theft or loss. Notification to the commissioner shall be on the letterhead of the dealer and shall be sent to the location on the request form for such plates.

(h) Miscellaneous.

(1) A dealer may not make any charge for the issuance of a temporary registration pursuant to this section in addition to the charge permitted by subdivision (c) of section 78.19 of this Part.

(2) A dealer may not issue a temporary registration pursuant to this section for any vehicle which is eligible for issuance of a temporary certificate of registration pursuant to section 420 of the Vehicle and Traffic Law and section 78.20 of this Part.

(3) Registration number plates issued to a dealer must be kept in a secure location with limited access which, when not being used, must be locked up.

(4) Any violation of section 420-a of the Vehicle and Traffic Law and of this section may result in a denial of approval to issue temporary registrations pursuant to such section and may also result in action being taken against the dealer registration.

(5) No dealer shall transfer, lend or permit the use of registration number plates issued under this section to another dealer or any other person except as specifically permitted by this section.

History

Amended, New York State Register, Volume XXXVI, Issue 25, effective 6/25/2014

Records and Advertising Records and Advertising

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.27 Dealers failing to renew or retiring from business

(a) Dealers who fail to renew their dealer registrations for the ensuing two-year period by midnight of the expiration date on their current business certificates are required to surrender their unused books of certificates of sale, temporary certificates of registration and registration number plates issued to them pursuant to section 420-a of the Vehicle and Traffic Law, at once.

(b) Dealers who retire from business must send dealer plates, registration number plates issued pursuant to section 420-a of the Vehicle and Traffic Law, and certificates of registration, certificates of sale and temporary certificates of registration to the Department of Motor Vehicles for safekeeping. If retirement from business is temporary, plates and certificates of sale will be returned to the dealer when the department has been notified that business has been resumed.

Transporters Transporters

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.30 Transporters

(a) Transporter plates are issued to a registered dealer and to any person, firm, association or corporation engaged in a business requiring the limited operation of motor vehicles in order to facilitate the delivery, repair or improvement thereof or the installation of something thereon. In addition to the uses stated above, transporter's plates may be used on vehicles owned by a manufacturer for demonstration purposes. Included in this classification are credit and finance companies, brokers, manufacturers, weighmasters, testers, automobile repair shops, automobile painters, automobile body builders, automobile radio installers and installers of other equipment in or on motor vehicles. Transporters of vehicles from automobile factories or assembling plants are also included in this classification. Transporters must submit proof that they have need for such plates. A retail dealer is not required to have transporter plates if the vehicle is used for any of the above purposes.

(b) Proof of insurance. Before transporter plates will be issued, the applicant for such plates must present to the commissioner an insurance I.D. card prescribed by the regulations of the commissioner covering any motor vehicle owned or controlled by the transporter and operated under a transporter plate issued to such transporter.

(c) Use of transporter plates. 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, transporting or delivering the same, or for the purpose of moving such vehicles in connection with making installations thereon or improvements thereto, or the repossession or foreclosure thereof. Transporter plates may be loaned for a period of five days to move a vehicle which has been sold or leased.

Penalties Penalties

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.32 Penalties

(a) Violation of any of the provisions of section 415 of the Vehicle and Traffic Law or of any of the regulations herein or the submission of false or misleading information to the commissioner pursuant to section 20.17 of this Title may result in a hearing which may lead to the suspension or revocation of the dealer's registration and any or all of the number plates.

(b) In addition to, or in lieu of, such suspension or revocation, the violation of any of the provisions of section 415 of the Vehicle and Traffic Law or of any of the regulations herein may result in the imposition of a civil penalty not to exceed $1,000 for a first violation and for a second or subsequent violation not arising out of the same incident both of which were committed within a period of 30 months, a civil penalty of not more than $1,500 for each violation found to have been committed; provided, however, the penalty for each and any violation of paragraph (c) of subdivision 9 of section 415 of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,500.

(c) No registration as a dealer shall be issued for a period of one year from the date of compliance with an order of revocation as a dealer if the applicant was the former holder of a certificate of registration as a dealer, or a partner of the applicant was the former holder of a certificate of registration as a dealer, or any officer, director, or 10-percent stockholder of the applicant was an owner, partner, officer, director or 10-percent stockholder of a dealer whose certificate of registration was revoked. After the one-year period, issuance of a certificate of registration is in the discretion of the commissioner.

Vehicles on Consignment Vehicles on Consignment

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.40 Vehicles on consignment

(a) A vehicle is on consignment when a dealer agrees to buy or accept transfer of ownership of that vehicle from its owner only if he first succeeds in finding a purchaser for that vehicle.

(b) Upon accepting a vehicle on consignment, a dealer shall promptly enter the acquisition in the book of registry required by section 78.25 of this Part. A dealer shall not accept a vehicle on consignment unless the owner provides a letter of consignment and proof of ownership.

(c) A letter of consignment shall identify the vehicle by year, make, model and vehicle identification number, shall indicate the price the vehicle owner will accept for the vehicle, and shall state that the dealer has authority to sell the vehicle.

(d) A consignment ends when the vehicle is sold or the owner removes the vehicle from the dealer's control.

(e) An owner shall promptly sign his title or transferable registration to the dealer when the dealer tenders the contract price to the owner. A dealer may request a hearing if an owner refuses to sign over a title or transferable registration.

(f) A vehicle sold on consignment is a vehicle sold by a dealer. Vehicle and Traffic Law, section 417 applies to motor vehicles sold on consignment. This Part applies to all vehicles sold on consignment.

(g) Upon the sale of the vehicle on consignment, or upon its return to its owner, the appropriate entries shall be made by the dealer in the book of registry.

Junk vehicles Junk Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.45 Retail dealers selling motor vehicles as junk

(a) If a dealer is selling a junk motor vehicle to another dealer, a registered vehicle dismantler or a certified scrap processor, he shall give such purchaser an MV-50 marked "wholesale" along with the proof of ownership.

(b) When selling a vehicle as junk to a member of the general public, a dealer shall present a form he had printed, called a customer's declaration, to the customer. The form shall identify the vehicle by year, make, model and vehicle identification number. This form must be signed by the customer before the contract of sale is signed. The form shall have an original and one copy. The form shall contain the following four statements:

(1) I declare that I do not intend to operate this vehicle on the public highways (including public streets, avenues, roads, etc.) at this time.

(2) I declare that I know that I am buying a junk vehicle which is presently unsuitable for operation on the public highways. I know this vehicle must pass inspection before it may be registered.

(3) I declare that I know that before this vehicle may be operated on the public highways, it probably needs extensive repairs, the cost of which may exceed the purchase price. The only guarantees about the condition of this vehicle that I have are those I have in writing.

(4) I declare that I have examined the vehicle and that it is described accurately; furthermore, the public vehicle identification number is ________ and is on the vehicle.

The customer shall sign the form four times, once after each statement. The dealer shall keep the original of all customer's declarations stored in a safe place for a minimum of three years, after which he may dispose of them. Failure to obtain a customer's declaration signed after each statement will result in the treating of the sale as the sale of a used vehicle.

(c) The dealer shall give the retail customer form MV-50, the proof of ownership and a copy of the customer's declaration. For a nontitled vehicle, the proof of ownership is a transferable registration. For a titled vehicle declared junk, the proof of ownership is form MV-907A (entitled Salvage Certificate). The dealer shall not issue an MV-TCR. This form must be marked "VOID" and left attached to the MV-50. The dealer shall not apply for a title of registration on the customer's behalf.

(d) A dealer selling a vehicle as junk warrants that he is legally entitled to sell that vehicle and that there are no undisclosed liens on it.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.46 Paper accompanying junk vehicles

(a) If a dealer's proof of ownership of a vehicle is a form MV-907, the dealer may submit the form MV-907 and proof of inspection and receive a certificate of title. Upon retail sale, the vehicle must be sold as used. If a dealer's proof of ownership of a vehicle is a form MV-907A, the dealer may submit the form MV-907A, form MV-82, application for title, and form MV-899, application for salvage vehicle examination. The appropriate fee must accompany the request. If the vehicle passes the physical examination, a certificate of title will be issued. Upon retail sale, the vehicle must be sold as used.

(b) If a dealer purchases a vehicle whose proof of ownership is an out-of-state salvage title or junk vehicle certificate or the equivalent, the dealer shall promptly submit a copy of front and reverse of such proof of ownership with a request for an MV-907A. The dealer must appear as the transferee of the vehicle. Every vehicle obtained from an out-of-state insurance company shall be treated as a salvage vehicle and the title for that vehicle shall be treated as a salvage title.

(c) It is expected that dealers will have need for MV-907A forms infrequently. These forms will not be supplied in advance to the dealer. A dealer needing an MV-907A may obtain one by submitting his proof of ownership to the Title Bureau, Department of Motor Vehicles, Empire State Plaza, Albany, NY 12228. A form MV-907A will be mailed back.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.50 Vehicles repurchased pursuant to the lemon law

(a) Upon the repurchase of a vehicle by its manufacturer or a dealer, pursuant to section 198-a (new car lemon law) or section 198-b (used car lemon law) of the General Business Law, or arbitration or alternative dispute procedure, the manufacturer or dealer shall mail a notice of such repurchase and the title to the vehicle to the New York State Department of Motor Vehicles, Title Bureau, Empire State Plaza, Albany, NY 12228 within five business days after the repurchase.

(b) The manufacturer or dealer must receive the title or transferrable registration from the owner as part of the repurchase of the vehicle.

(c) Any repurchase of a vehicle after an owner has filed, had accepted and paid all fees required for arbitration shall be deemed a repurchase pursuant to General Business Law, section 198-a or 198-b.

Part 79 Motor Vehicle Inspection

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.1 Definitions

For the purposes of this Part, the following terms shall have these meanings:

(a) Certificate of inspection (form VS-1082, VS-1082 HV, VS-1082.1, VS-1082SE, VS-1082D or VS-1082E). A sticker, also referred to as an inspection certificate, secured from the Department of Motor Vehicles by an official inspection station, issued by such station and affixed to a vehicle as prescribed by these regulations to evidence the satisfactory completion of an inspection of that vehicle in compliance with article 5 of the Vehicle and Traffic Law and this Part. Such sticker, when properly issued, is valid until midnight of the expiration date printed on the sticker, or, if no expiration date is printed on the sticker, until midnight on the last day of the month punched thereon, of the indicated year.

(b) Inspection rejection/advisory notice (form VS-1075). A form secured from the Department of Motor Vehicles and issued by an inspection station to a motorist as prescribed in this Part. An equivalent inspection rejection notice may also be printed by the computerized vehicle inspection system, without a form number. The certificate informs the motorist why the vehicle is being rejected and advises the motorist of deficiencies. A rejection notice is not an extension of an expired sticker, except as provided for in section 79.20(a) of this Part.

(c) Maximum gross weight (MGW). The weight of a motor vehicle as shown on the vehicle's registration document or, in the case of truck or trailer, the weight of the vehicle plus the maximum load the vehicle is registered to carry as shown on the vehicle's registration document. The MGW, not the designed carrying capacity of the vehicle, will be the weight that is used to determine the appropriate safety inspection for the vehicle.

(d) Motor vehicle. Every vehicle included in the definition of the term motor vehicle and motorcycle as set forth in sections 125 and 123 of the Vehicle and Traffic Law, and every vehicle included in the definition of the term limited use automobile or motorcycle as set forth in sections 121-a and 121-b of the Vehicle and Traffic Law, as well as all trailers, set forth in section 156, except those vehicles specifically set forth in section 79.2(d) of this Part.

(e) Motor vehicle inspection record (VS-1074S, VS-1074SD or VS-1074M). A form secured from the Department of Motor Vehicles by an official inspection station. This form is used to record inspections, reinspections and the results thereof, and to record certificates of inspection, and inspection rejection notices issued but is not to be used to record information on inspections for vehicles subject to OBD II or low enhanced emissions inspection.

(f) Motor vehicle registered in this State. Every vehicle included in the definition of the term motor vehicle as set forth in subdivision (d) of this section, for which a certificate of registration has been issued pursuant to section 401, 410 or 420 of the Vehicle and Traffic Law or for which a nonresident seasonal farm laborer vehicle certificate has been issued pursuant to subdivision 4 of section 250 of the Vehicle and Traffic Law. A vehicle ceases to be a motor vehicle registered in this State at such time as the registration for such vehicle expires because of transfer of ownership or destruction of such vehicle. A motor vehicle owned or controlled by a dealer or transporter and legally being operated with dealer or transporter plates is not a motor vehicle registered in this State, and does not require inspection.

(g) Official safety inspection station. Any person, association or corporation which has been issued a license by the Commissioner of Motor Vehicles, pursuant to section 303 of the Vehicle and Traffic Law, to conduct safety inspections of motor vehicles exempt from the emissions inspection requirement.

(h) Official inspection station (fleet). Any person, association or corporation having more than 25 motor vehicles registered in its name which has been issued a license by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles registered in its name or leased by it for a period greater than 30 days and motor vehicles owned by its employees; or any State agency or political subdivision having more than five motor vehicles registered in its name which has been issued a license by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles registered in its name or leased by it for a period greater than 30 days and motor vehicles registered in the name of any State agency or political subdivision.

(i) Official inspection station (dealer). Any person, association or corporation registered as a dealer under section 415 of the Vehicle and Traffic Law, which has been issued a license by the Commissioner of Motor Vehicles to conduct inspection of motor vehicles held by such dealer for sale or demonstration, and motor vehicles owned by employees of such dealer.

(j) Ten-day time extension (form VS-1077). A sticker secured from the Department of Motor Vehicles and affixed to a motor vehicle to evidence that the time within which such motor vehicle must be inspected has been extended for a period not to exceed 10 days as stated on the certificate.

(k) Certified motor vehicle inspector. A person who has been issued a certificate by the Commissioner of Motor Vehicles pursuant to section 304-a of the vehicle and Traffic Law, authorizing him to conduct inspections of motor vehicles and/or motorcycles or trailers.

(l) Motor vehicle inspector's certificate (form VS-26). A card issued by the Commissioner of Motor Vehicles to a person authorizing such person to conduct periodic inspections of motor vehicles and/or motorcycles or trailers. The certificates are categorized as follows:

Group 1--allows an individual to conduct safety, diesel emissions, OBD II inspections, and low enhanced emissions inspections of motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, under 15 passengers, and motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, under 18,001 pounds, except: motorcycles; those motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requests a heavy vehicle inspection; and semi-trailers. The ability to perform OBD II inspections may also be dependent upon passing the applicable test in the CVIS.

Group 2--allows an individual to conduct safety and diesel emissions inspections of motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 18,001 pounds, those motor vehicles and trailers that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requests a heavy vehicle inspection, and semi-trailers, except: motorcycles.

Group 3--allows an individual to conduct safety inspections of motorcycles.

(m) New York Metropolitan Area (NYMA). This region comprises the Counties of Suffolk (except Fisher's Island), Nassau, Kings, Queens, Richmond, New York, Bronx, Westchester and Rockland. Non-diesel-powered vehicles registered in this region that are subject to emissions inspection will have NYMA printed on the registration. Diesel-powered vehicles registered in this region that are subject to the diesel emissions inspection will have DEMA printed on the registration.

(n) [Reserved]

(o) Computerized vehicle inspection system (CVIS). This consists of an exhaust emission analyzer and/or an emission system analyzer, related hardware and software.

(p) [Reserved]

(q) Official emissions inspection station. Any person, association or corporation which has been issued a license to conduct safety inspections, OBD II inspections and low enhanced emissions inspections.

(r) Temporary certificate of emissions waiver (form VS-1078). A certificate secured from the Department of Motor Vehicles by an owner of a motor vehicle and affixed to said motor vehicle with the valid New York State safety (form VS-1082) or heavy vehicle safety (form VS-1082HV) inspection sticker to evidence temporary waiver from the diesel emissions portion of the annual inspection. Form VS-1078 may not be used for a vehicle subject to the OBD II or low enhanced emissions inspection.

(s) [Reserved]

(t) Inflatable restraint system. An air bag as defined in 49 CFR part 571.208 (S4.1.5.1) that is designed and installed to be activated in a crash.

(u) Inflatable restraint readiness indicator light. An indicator monitoring the inflatable restraint systems readiness. The light must be clearly visible from the driver's position.

(v) Diesel emissions inspection station. Any person, association or corporation which has been issued a license to conduct both vehicle safety and diesel emissions inspection.

(w) Diesel emissions inspection certification and waiver form (form VS-1079DE). A form secured from the Department of Motor Vehicles, used by an official inspection station to certify that a vehicle subject to the diesel emissions inspection has qualified for and been issued a waiver per Department of Environmental Conservation standards.

(x) On board diagnostics (OBD). A system, within passenger cars and light trucks in designated model year 1996 or newer, which monitors system degradation as it relates to powertrain components and emission control devices.

(y) Malfunction indicator lamp or light (MIL). The term used for the "Check Engine" or "Service Engine Soon" light, or any other indicator light with a similar name that performs the same function. This light is evaluated when performing the OBD II emissions portion of an inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.2 Vehicles subject to inspection

(a) All motor vehicles registered in this State must be inspected in accordance with the provisions of this Part unless expressly excluded by subdivision (d) of this section.

(b) Except as provided in paragraph (3) of this subdivision, every motor vehicle (including a trailer, other than a mobile home trailer) sold or transferred for use on the public highways of this State by a dealer registered under section 415 of the Vehicle and Traffic Law to any person other than another such registered dealer, must be inspected and bear a valid certificate of inspection prior to delivery to the purchaser or transferee.

(1) For the purpose of this Part, motor vehicles classified as new vehicles, demonstrators, and used vehicles, are vehicles which are sold or transferred for use on the public highways of the State.

(2) For the purpose of this subdivision, a valid certificate of inspection shall be one which was issued after an inspection made within 30 days of the date of sale as indicated by the date of sale on the certificate of sale (form MV-50), and prior to delivery.

(3) Registered dealers do not have to inspect vehicles classified on the certificate of sale, MV-50, as "chassis," "FDD" (factory direct delivery), "O of S" (out of state), "junk", "long-term lessee" (lease buyout), or "wholesale." Such indication should appear in the inspection block on the MV-50.

(4) A motor vehicle sold to a nonresident, which motor vehicle is to be immediately registered in the home state of such nonresident, shall not be deemed a motor vehicle sold or transferred for use on the public highways of the State and does not have to be inspected prior to sale.

(c) Every motor vehicle must be inspected and bear a valid certificate of inspection before an original registration, reregistration or renewal registration for that motor vehicle may be issued, however, an original registration or reregistration or renewal may be issued without an inspection having been made if the applicant for such registration obtains a 10-day time extension certificate (form VS-1077) for the motor vehicle which is to be registered. A vehicle sold as junk is not entitled to a 10-day time extension or a temporary registration and must be inspected before an original or reregistration is issued. Upon the casual (non-dealer) sale or transfer of a motor vehicle, any certificate of inspection issued prior to the date of the sale or transfer shall be deemed invalid.

Note: A motor vehicle may be inspected as often as the owner may choose, so long as said vehicle is inspected at least once in any given 12-month period

(d) The following are excluded from the term motor vehicle for purposes of this section and need not be inspected:

(1) fire vehicles, except ambulances;

(2) tractors used exclusively for agricultural purposes;

(3) vehicles inspected by or operating under a certificate of inspection authorized by the State Department of Transportation or the Federal Department of Transportation, (operation under a certificate of operating authority issued by either agency, without an inspection having been made, does not constitute operating under such certificate of inspection);

(4) vehicles with a MGW of more than 8,500 pounds of a municipally owned and operated transit system;

(5) farm vehicles registered under subdivision 13 of section 401 of the Vehicle and Traffic Law. Farm vehicles are those operated upon a public highway connecting by the most direct route any farms or portions of a farm under single or common ownership or operation;

(6) vehicles subject to inspection and licensing by local authorities, provided such inspection by such local authorities conforms with the standards herein established by the Commissioner of Motor Vehicles;

(7) house trailers or mobile homes when sold for purposes other than registration and operation on the highways, until such time as these vehicles are to be registered for operation on the highways;

(8) vehicles not registered in this State;

(9) special purpose commercial vehicles including vehicles with "STATE" or "OFFICIAL" plates which would be registered as special purpose commercial vehicles if they were privately owned and registered. These special purpose commercial vehicles have the following body types: agricultural spreader or sprayer, earth mover, feed processing machine, fire vehicle, mobile car crushers, power shovel, road building machine, road roller, road sweeper, sand spreader, snow plow, tractor crane, truck crane, truck with small wheels (such as a forklift), well driller and well servicing rig;

(10) golf carts and invalid chairs;

(11) snowmobiles and snow travelers;

(12) class B and class C limited use motorcycles;

(13) all-terrain vehicles (including off-highway motorcycles); and

(14) low speed vehicles

(e) [Reserved]

(f) The following vehicles, which are subject to safety inspection, are exempt from the OBD II and low-enhanced emissions portion of that annual inspection:

(1) vehicles 26 or more model years old;

(2) diesel and electric;

(3) motor vehicles propelled by a two-cycle spark ignition engine designed to burn a mixture of gasoline with oil;

(4) vehicles less than two model years old;

(5) vehicles registered as historical vehicles;

(6) motorcycles; and

(7) vehicles subject to the heavy vehicle safety inspection (motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, and those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 1,801 pounds, when the registrant requests a heavy vehicle inspection)

(g) A vehicle registered with "OFFICIAL" plates or "STATE" plates shall be subject to the same inspection it would be subject to if it were privately owned and registered

(h) The following vehicles, which may be subject to safety inspection, and are registered in the NYMA, are exempt from the diesel emissions portion of that inspection:

(1) emergency vehicles as defined by section 101 of the Vehicle and Traffic law. These include: ambulances, police vehicles, correction vehicles, fire vehicles, civil defense emergency vehicles, emergency ambulance service vehicles, blood delivery vehicles, county emergency medical services vehicles, environmental emergency response vehicles, sanitation patrol vehicles, hazardous materials emergency vehicles, and ordnance disposal vehicles of the armed forces of the United States;

(2) agricultural trucks as defined by section 401 (7)(E)(2) of the Vehicle and Traffic Law;

(3) [Reserved]

(4) vehicles registered as historic;

(5) special purpose commercial vehicles as set forth in section 401 (7)(F)(a) of the Vehicle and Traffic Law. (Note: Special purpose commercial vehicles are exempt from the safety inspection.)

(i) Vehicles registered outside the NYMA are exempt from the diesel emissions inspection. However, an owner of a vehicle that would be subject to diesel emissions inspection if registered in the NYMA, may request a diesel emissions inspection when presenting the vehicle for inspection to an official diesel emissions inspection station.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.3 Schedule of inspection

(a) Every motor vehicle and trailer registered in this State is required to be inspected prior to midnight of the expiration date printed on its current inspection sticker or if no expiration date is printed on the current inspection sticker, then it is required to be inspected within one year from the last day of the month punched. Upon the casual (non-dealer) sale or transfer of a motor vehicle, any certificate of inspection issued prior to the date of the sale or transfer shall be deemed invalid. Every motor vehicle and trailer must be inspected upon change of registrant.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.4 Inspection information

(a) Upon application to the commissioner, the owner of a motor vehicle required to be inspected may request an extension of time to have the inspection made. Such extension of time, not to exceed 10 days, may be granted by the commissioner if, in his discretion, reasonable grounds exist for its issuance. The extension must be affixed to the motor vehicle in the lower left corner of the inside of the windshield or kept with the vehicle registration if the vehicle has no windshield, or is a trailer or motorcycle.

(b) Where a nonresident becomes a resident of this State, a certificate of inspection issued by any other jurisdiction to a motor vehicle owned by him will be accepted in lieu of a certificate of inspection issued in this State. Such a certificate will be valid until the expiration date of the out-of-state certificate, or one year from the date of New York registration, whichever occurs first. Upon expiration of the out-of-state certificate, the motor vehicle must be inspected and bear a certificate of inspection from an official New York inspection station.

(c) A certificate of inspection issued by any other jurisdiction which has a compulsory periodic inspection program to a motor vehicle which is concurrently registered (vehicle registered in more than one jurisdiction) in this State and in the state or province of Canada which issued the certificate of inspection will be accepted in lieu of a certificate of inspection issued in this State. Such a certificate will be valid until the expiration date of the out-of-state certificate, provided the motor vehicle remains registered in such other state or province of Canada. For purposes of this Part, a vehicle with an International Registration Plan registration will be deemed registered in every jurisdiction in which it may legally be operated.

(d) The owner of a motor vehicle that is registered in the NYMA and that is subject to a diesel emissions inspection, whose motor vehicle inspection certificate will expire while outside the NYMA or who purchases a vehicle from outside the NYMA may apply to the commissioner for a temporary certificate of emissions waiver (form VS-1078) prior to receiving an inspection. The temporary certificate of emissions waiver will be valid with a valid New York State safety inspection certificate (form VS-1082) or heavy vehicle safety inspection certificate (form VS-1082HV) for as long as the registered vehicle is outside the NYMA. A diesel-powered motor vehicle that is registered in the NYMA and that is exempt from emissions inspection does not require a temporary waiver, may be inspected at any inspection station licensed to inspect such vehicles, and does not need to be reinspected upon return to the NYMA.

(1) A temporary certificate of emissions waiver that had been issued for a motor vehicle that had been subject to the high enhanced emissions inspection (dynamometer or idle test) shall be valid until the time that the motor vehicle is no longer subject to the high enhanced emissions inspection.

(2) A vehicle subject to the diesel emissions inspection that is presented for inspection with a VS-1078 outside the NYMA must receive the appropriate safety inspection and, when it passes said inspection, shall receive the appropriate safety inspection certificate.

(3) The temporary certificate of emissions waiver will be valid for 10 days after entry into the NYMA by the motor vehicle. Upon re-entry to the NYMA, and prior to the expiration of the 10 days, the subject vehicle must receive the complete appropriate diesel emissions/safety inspection.

(4) All nonexempt 1996 or newer passenger cars and light duty trucks which are nondiesel- and nonelectric-powered, subject to an OBD II inspection and registered in the NYMA, that are inspected outside the NYMA, shall receive a complete safety and OBD II inspection and when such a vehicle passes said inspection, shall receive a safety/emissions inspection certificate (form VS-1082SE). This certificate shall be valid in the NYMA; the vehicle does not require reinspection, and a VS-1078 is not required.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.5 Effect of certificate of inspection and effect of inspection rejection notice

(a) No motor vehicle required to be inspected, as provided in this Part and the Vehicle and Traffic Law, shall be operated on the public highways of the State unless a valid certificate of inspection or inspection extension or a CVIS-generated extension is displayed on the vehicle or can be presented.

(b) Upon failure of a vehicle to pass an inspection, the owner and/or operator of said vehicle shall be provided with an inspection rejection notice and shall be notified that such necessary corrections or repairs may be made by a person or facility of his choice, and that upon completion of such repairs the vehicle shall be submitted for reinspection at any official inspection station licensed to perform the required inspection.

(d) If a vehicle subject to the OBD II emissions inspection fails to pass an OBD II emissions reinspection, the vehicle may be eligible for a waiver if the conditions contained in section 79.25(a) of this Part have been met.

(e) If a vehicle fails to pass a diesel emissions reinspection, the vehicle may be eligible for a waiver if the conditions contained in subdivision (h) of this section have been met.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.6 Inspection sticker fees

(a) The fee for a certificate representing that a vehicle has passed a safety inspection is $2.

(b) [Reserved]

(c) Except as modified in subdivision (e) of this section, the fee for a certificate representing that a vehicle has passed a combined safety and emissions inspection is $6.

(d) [Reserved]

(e) The fee for a certificate representing that a vehicle has passed a combined safety and diesel emissions inspection is $2.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.8 Duties of licensee

(a) An official inspection station licensee is obligated to inspect vehicles in accordance with these regulations. By issuing a certificate of inspection, the licensee certifies that:

(1) the brakes, steering mechanism, lights and such other equipment specified by these regulations have been inspected in accordance with these regulations; and

(2) such equipment and mechanism comply with the regulations of the commissioner.

(b) The licensee is responsible for all inspection activities conducted at the inspection station. The specific duties of an official inspection station are as follows:

(1) to conduct, as promptly as possible, a thorough and efficient inspection of any vehicle, including a vehicle registered in another state, which the station is qualified to inspect, and which is presented to the station for an official inspection. Such inspection must be performed in the manner prescribed;

(2) to employ at all times, at least one full-time employee who is a certified motor vehicle inspector to perform the services required by these regulations. Such full-time certified motor vehicle inspector may be an employee or licensee, or the licensee may contract for the services. A licensee is liable for all the inspection activity of the contractor. Only a certified inspector may conduct a periodic inspection of a vehicle;

(3) to maintain the minimum enclosed space, the necessary tools and equipment for inspection as required by these regulations;

(4) to make these regulations and procedures available to all personnel that are certified to perform inspections;

(5) to make charges for inspections not in excess of the fee schedule. The inspection fee must not include any payment for corrections, adjustments, repairs or sales tax;

(6) An inspection station is not required to perform repairs to defective items for which a vehicle is rejected. If, however, the station does not perform repairs, the station must inform the motorist of the policy before the inspection is started. The station must prominently post a sign visible to the motorist during the normal course of business, and must also inform the motorist in writing and obtain the motorist's signature as acknowledgment.

(7) [Reserved]

(8) to maintain a clean and orderly place of business with adequate supervision of employees making inspections;

(9) to keep records of safety and/or emissions inspections, reinspections and the results thereof, and a record of the issued certificates of inspection which shall be available for examination during normal business hours by any agent of the commissioner, or any other properly authorized law enforcement officer. All such records must be kept in the manner prescribed by the commissioner and must be kept for a minimum of two years;

(10) to provide for the safekeeping of certificates of inspection, controlling their sequence of issuance, and insuring that they are placed only on vehicles in accordance with these regulations;

(11) to post prominently in the inspection station the official business certificate (form MV-61P), inspection groups and fee chart (form VS-77) and any other documents required by the commissioner to be posted;

(12) to display on the outside of the premises an official inspection station sign. These signs must meet the specifications required by the Commissioner of Motor Vehicles (see section 79.13 of this Part), and be hung or mounted in such a manner that they are visible to the public upon entering the inspection facility; and

(13) to surrender any and all unused certificates of inspection and station licenses when failing to renew or retiring from business, or when a license has been revoked.

(c) The inspection station will make an appointment when any vehicle that the station is qualified to inspect cannot be inspected in a convenient time span.

(1) When the inspection station is unable to inspect a vehicle within a time span convenient to the vehicle owner or operator, the inspection station shall set up an appointment for performing the inspection. The appointment shall be in writing and shall include:

(i) the time and date of the future appointment;

(ii) the date of inspection refusal;

(iii) a description of the vehicle, consisting of its year, make and model;

(iv) the name and address of the vehicle owner;

(v) the signature of the inspection station licensee or a designated employee; and

(vi) the facility name, address and telephone number.

(2) The appointment date and time shall be not more than eight working days from the original request date, and shall be with the normal posted business hours of the station. The appointment location shall be at the same inspection station that was unable to inspect the vehicle within a time span convenient to the vehicle owner or operator.

(3) The inspection station shall inspect the vehicle promptly when it is submitted for inspection at the appointed time.

(4) The inspection station may charge a deposit for setting up an appointment. The deposit may not exceed the fee for inspection. The deposit must be applied to the inspection fee if the motorist appears for the appointment. The deposit may be forfeited to the inspection station if the motorist fails to keep the appointment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.9 Station requirements

(a) Official inspection station licenses will be issued only to reputable applicants who possess the required qualifications.

(b) Space.

(1) The space requirements for official inspection stations, by class of station, are as follows:

(i) Class 1 station: In a city or village having a population of less than 10,000, and in an area outside a city or village, in any county of the State, a minimum enclosed area of 300 square feet is required.

(ii) Class 2 station: In a city or village with a population of 10,000 or more, a minimum enclosed area of 600 square feet is required.

(iii) Class 3 station: A motorcycle inspection station must have a minimum enclosed area of 120 square feet.

(2) When determining the area available to meet space requirements, office space, vehicle display area, supply area, or any unusual obstructions, shall not be part of the minimum area available to meet the above requirements.

(3)-(4) [Reserved]

(5) The enclosed area of any station must be large enough to accommodate any vehicle in the group or groups which the station is permitted to inspect as indicated on the station's application and license. For a heavy vehicle inspection station licensed to inspect semi-trailers, this requires a door and service bay height of at least 13 feet, 6 inches and a bay length of at least 50 feet. For a heavy vehicle inspection station not licensed to inspect semi-trailers, this requires a door and service bay height of at least 13 feet, 6 inches and a bay length of at least 35 feet.

(6) Temporary expedients for obtaining additional space or facilities, such as tents, sheds or so-called curb service will not be permitted.

(7) If after approval, the minimum space requirements are not maintained, inspections may not be performed at that station until the minimum space requirements are again met. Any agents appointed by the commissioner are empowered to prevent further inspections by a station for failure to maintain adequate space and to permit inspections to be made again upon compliance with the requirements.

(1) The commissioner, where such action is required to provide adequate inspection facilities, may waive the space requirements in any area of the State.

(2) The commissioner may waive the dimension standards for a fleet or dealer inspection station which inspects only vehicles owned or controlled by the fleet or dealer and which fit into the station.

(3) The commissioner may waive the dimension standards for a public inspection station that was licensed prior to January 1, 1990, where there is an undue hardship or such waiver is in the public interest because of a lack of heavy vehicle inspection stations in an area. However, no waiver will permit a station to inspect a vehicle which cannot fit into its building.

(d) Equipment. All equipment and tools required by this section shall be properly maintained in such a manner that an inspection may be conducted in conformity with these regulations.

(1) Each station must have, as a minimum, the following equipment, before it will be approved as an official inspection station:

(i) a one-hole paper punch that produces a round hole, one-quarter inch in diameter;

(ii) a tire tread depth gauge calibrated in thirty-seconds of an inch; and

(iii) a tire pressure gauge calibrated in lbs./sq. in. (psi).

(2) In addition to the equipment specified in paragraph (1) of this subdivision, an official emissions inspection station or any station required to complete advisory emissions scans as defined in section 79.24(j) of this Part must also have the appropriate computerized vehicle inspection system (CVIS), approved by the Department of Environmental Conservation and the Department of Motor Vehicles, capable of performing OBD II and low enhanced emissions inspections. This equipment, which shall be known as the NYVIP CVIS, shall include but not be limited to:

(i) computer;

(ii) controlling software;

(iii) communications link prescribed by DEC and DMV;

(iv) printer;

(v) a DEC and DMV approved OBD II scan tool with appropriate connectors and software;

(vi) bar code scanner; and

(vii) a dedicated phone line for transmission of all inspection data if a dial-up system is used, or other equipment as prescribed by the equipment vendor if another communications system is used. If a dial-up system is used, an official emissions inspection station that has more than one CVIS unit must maintain at least one phone line dedicated for use by the CVIS; this line may be shared by other CVIS units. No line(s) used by CVIS units(s) may be shared by any other equipment.

This equipment shall be delivered and installed in official emissions inspection stations as directed by the commissioner.

(3) [Reserved]

(4) In addition to the equipment specified in paragraph (1) of this subdivision, an official diesel emissions inspection station must also have the appropriate diesel emissions inspection system approved by the Department of Environmental Conservation as set forth in 6 NYCRR Part 217.

(5) In addition to the equipment specified in paragraph (1) of this subdivision, official heavy vehicle inspection stations must also have:

(i) a measuring device for brake adjustment, such as a steel scale or ruler or equivalent;

(ii) a one-sixteenth inch feeler gauge or equivalent;

(iii) a brake drum gauge or equivalent, capable of measuring up to a 24-inch drum; and

(iv) a rotor thickness gauge, such as a disc brake micrometer with a range from one inch to two inches, or equivalent.

(6) Official emissions inspection stations must maintain their printers so that reports and other required documents print legibly and clearly.

(7) [Reserved]

(8) If, after approval, the equipment requirements are not maintained, inspections may not be performed at that station until the equipment requirements are again met. An automotive facilities inspector and any other agent appointed by the commissioner are empowered to prevent further inspections by a station for failure to maintain adequate equipment and to permit inspections to be made again upon compliance with the equipment requirements.

(9) In addition to the equipment specified in paragraph (1) of this subdivision, an official inspection station licensed to per form a safety inspection of any vehicle in group 1a or group 2a must also hav e a tint meter to measure the visible light transmittance through immovable glass.

(e) Waivers of equipment requirements.

(1) [Reserved]

(2) Any licensed official heavy vehicle fleet inspection station is exempted from the requirement to have a brake drum gauge capable of measuring up to a 24-inch drum, if there are no vehicles in that particular fleet that are equipped with brake drums of that size. The station is required to have and maintain a brake drum gauge capable of measuring the largest brake drums found in that particular fleet of vehicles at any time. If a vehicle is added to the fleet that is equipped with larger brake drums, the station must immediately acquire and maintain a brake drum gauge capable of measuring the larger brake drums.

(3) Any licensed official heavy vehicle fleet inspection station is exempted from the requirement to have a rotor thickness gauge, if there are no vehicles in that particular fleet that are equipped with disc brakes. However, if a vehicle is added to the fleet that is equipped with disc brakes, the station must immediately acquire and maintain a rotor thickness gauge.

(f) Personnel.

(1) Individuals will not be deemed to be certified motor vehicle inspectors unless they have a currently valid certified motor vehicle inspector's certificate issued in accordance with section 79.17 of this Part.

(2) Individuals who have been issued a certified motor vehicle inspector's certificate may be employed at any official inspection station for the purpose of inspecting only those vehicles appropriate to the type of vehicle they are allowed to inspect as it appears upon their certificate and appropriate to the type of vehicle allowed to be inspected by such official inspection station.

(3) An automotive facilities inspector or any other agent appointed by the commissioner is authorized to test certified motor vehicle inspectors for competency where reasonable grounds exist to believe that the inspector is incompetent in conducting inspections of vehicles. If an inspector fails to pass such test, such inspector will be deemed incompetent, and will not be permitted to conduct further inspections until a subsequent special written examination authorized by the commissioner is passed. If the certified motor vehicle inspector fails the special written examination, the commissioner shall revoke the inspector's certificate. The certified motor vehicle inspector's certificate may be reinstated when the inspector certification training program is successfully completed and the written examination of such program is passed.

(4) An automotive facilities inspector or any other agents appointed by the commissioner are empowered to prevent further inspections by an inspector deemed incompetent and to permit inspections to be made again by such a person upon reinstatement of the certificate or upon issuance of a new certificate after revocation.

History

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.10 Certificates of inspection and inspection rejection notices: procurement, credit, refunds

(a) Official inspection stations will purchase certificates of inspection from the Department of Motor Vehicles. The department will furnish to official inspection stations, without fee, a supply of inspection rejection notices as necessary.

(b) Certificates of inspection are not transferable and may be issued only by the station which obtained such certificates from the commissioner.

(c) By March 1st of each calendar year, every inspection station owner must return to the department all unused inspection certificates from the previous year. Refunds or credits will be allowed for such unused or defective certificates of inspection upon receipt of an application in a form prescribed by the commissioner and surrender of the certificates. A sticker returned as defective must have a legible serial number. Stickers voided or damaged by an act of the inspection station or inspector are not eligible for credit, except that stickers intentionally voided to prevent issuance may be eligible for credit at the department's discretion. Stickers may also be eligible for credit in the following cases:

(1) upon request for change of class of license;

(2) upon request for cancellation of a license.

(d) Refunds or credits will be allowed for certificates of inspection lost or destroyed, while in transit from the Department of Motor Vehicles to the designated inspection station, upon receipt of an application in a form prescribed by the commissioner, accompanied by adequate proof of such loss or destruction.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.11 Issuance of certificates of inspection, issuance of inspection rejection notices, and replacements

(a) A valid certificate of inspection, inspection rejection notice (issued by a CVIS or form VS-1075), temporary certificate of emissions waiver (form VS-1078) or 10-day time extension certificate (form VS-1077) may be removed from a motor vehicle only by an official inspection station as part of the inspection procedure, except as follows. A certificate of inspection or 10-day time extension certificate may also be removed by a duly authorized employee of the Department of Transportation in order to inspect a motor vehicle required to be inspected pursuant to State laws. A certificate of inspection or 10-day extension certificate may be removed by persons authorized by the commissioner when such persons are performing assigned inspection duties.

(b) Any person may remove a certificate of inspection which has expired. A certificate of inspection issued without compliance with these regulations may be removed by any person authorized by the commissioner to do so. Any certificate of inspection, inspection rejection notice, temporary certificate of emissions waiver or 10-day time extension certificate which has been made invalid by reason of the casual (non-dealer) sale or transfer of the vehicle must be removed by the purchaser or transferee immediately upon accepting delivery of the vehicle.

(1) Only the Department of Motor Vehicles may issue a replacement inspection certificate for one which has been lost, mutilated, stolen or destroyed. The vehicle owner may obtain a replacement certificate by submitting:

(i) a statement as to why a replacement certificate is necessary; and

(ii) a check for $2 made out to the Commissioner of Motor Vehicles; and

(iii) the remains of the original inspection certificate showing the date of expiration, the sticker serial number and the mileage,

the CVIS generated inspection receipt,

the receipt portion of the inspection certificate,

verification from the inspection station that issued the original certificate consisting of a statement on the station's letterhead indicating the original certificate serial number, vehicle description, plate number, date issued and mileage at the time of inspection. The inspection station may charge a fee not exceeding $2 for providing this verification.

(2) Requests for a replacement certificate, including the material noted above, should be mailed to Consumer and Facility Services Bureau, P.O. Box 2700, ESP, Albany, NY 12220-0700.

(3) Failure to supply verification of inspection as noted above will prohibit the issuance of a replacement certificate and the vehicle owner will be required to have an original inspection performed in order to obtain a valid inspection certificate.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.12 Required records

(a) Records.

(1) A form entitled "Motor Vehicle Inspection Record" (form VS-1074, VS-1074SD, or VS-1074M) will be furnished without charge to the inspection stations. This form will be used to record inspections performed by the station that are not required to be kept in the appropriate CVIS equipment. A new form must be started on the first day of each year. Form VS-1074 must be kept in an orderly chronological manner. Such forms shall be completed in accordance with the "Instructions for Completing Vehicle Inspection Record," which is on the reverse of each form. The start of each month must be clearly marked. The official inspection station shall keep separate form VS-1074 records for each series of inspection stickers (safety, motorcycle, heavy vehicle, diesel safety/emissions), that the station is licensed to issue after inspection. The official inspection station shall retain all VS-1074 forms in its files for two years from the date of the last entry.

(2) An official emissions inspection station located within the NYMA must record all safety/emissions (OBD II and low enhanced), safety, motorcycle, and heavy vehicle safety inspections (other than diesel-powered heavy vehicles) in the NYVIP CVIS. An official emissions inspection station located within the NYMA must record the results of diesel emissions and safety inspection of heavy vehicles subject to diesel emissions inspection on the VS-1074SD form.

(3) An official emissions inspection station located outside of the NYMA must record all safety/emissions (OBD II and low enhanced), safety, motorcycle, and heavy vehicle safety inspections in the NYVIP CVIS. If the official emissions inspection station located outside of the NYMA is also licensed as a diesel emissions inspection station, diesel emissions inspections will be recorded on the VS-1074SD form and, if the diesel vehicle receives a heavy vehicle inspection, the safety portion will be recorded in the NYVIP CVIS.

(b) Inspection stations are to maintain a supply of, and use, the following items:

(1) Certificates of inspection. See section 79.1(a) of this Part.

(2) Inspection rejection notices. See section 79.1(b) of this Part.

(c) If an inspection station fails to maintain a supply of certificates of inspection and inspection rejection notices, inspections shall not be performed at the station until such time as the station has ordered and received a supply of such certificates or notices. An automotive facilities inspector or any other agents appointed by the commissioner are empowered to prevent further inspections by a station for failure to maintain a supply of said certificates or notices, and to permit inspections to be made again upon obtaining a supply of said certificates or notices.

(d) All records required by these regulations and all records made by the official inspection station in connection with inspections, including shop orders and all repair bills (except those in amounts less than $5), shall be retained for a period of at least two years.

(e) An official inspection station must account for all certificates of inspection issued to it. An official emissions inspection station must record the receipt of all inspection certificates (except safety/diesel emissions inspection certificates) immediately upon request by entering the sticker order into the NYVIP CVIS as prompted by the CVIS software so that the order received will be recorded in the analyzer system's computer.

(f) For official emissions inspection stations, procedures for recordkeeping must also include the daily printing of a copy of the daily inspection report for every day that inspections are performed. The station must keep copies of the inspection reports, in chronological order, for two years. Inspection certificate purchase invoices must also be kept for two years. An automotive facilities inspector or any other agent appointed by the commissioner must be given access to these records and any CVIS for the purpose of conducting an audit of the station's inspection records and activity. This includes the authority to produce hard copy of the station's inspection records on the system's printer, as well as the authority to obtain the computer disk which contains inspection records.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.13 Signs

(a) Official public inspection stations are responsible for obtaining and displaying the official inspection station sign. The size, shape and text of official inspection station signs must conform to the following specifications and must be displayed by a station licensed to inspect for the general public:

(1) An official inspection station sign must be three feet wide and two feet high and made of a durable material which will withstand the outdoor elements.

(2) The sign may be either a single- or double-faced sign, and shall be hung or mounted in such manner that it is visible to the public from outside the building.

(b) The text and design of the sign shall be as follows for the class of license issued. The appropriate sign must be hung or mounted in such a manner that it is visible to the public from outside the building.

(1) An official public inspection station that is located outside of the NYMA and that is licensed to perform safety/emissions and safety inspections for motor vehicles and trailers having a MGW under 18,001 pounds shall display the following sign:

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(2) An official public inspection station that is licensed to perform safety inspections for trailers having a MGW under 18,001 pounds, but is not licensed to perform safety/emissions and safety inspections for motor vehicles having a MGW under 18,001 pounds, shall display the following sign:

Image

(3) An official public inspection station that is licensed to perform heavy vehicle safety inspections shall display the following sign:

Image

(4)

(i) An official public inspection station that is located within the NYMA and that is licensed to perform safety/emissions and safety inspections for motor vehicles and trailers having a MGW under 18,001 pounds shall display the following sign:

Image

(ii) An official public inspection station that is licensed to perform safety/diesel emissions inspections shall display the following sign:

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(5) An official public inspection station that is licensed to perform motorcycle inspections shall display the following sign:

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(6) Except for a motorcycle inspection station, the background of the sign shall be a national school bus yellow and the lettering thereon shall be black. Stations licensed prior to April 1, 1979 may use a sign with either an orange or national school bus chrome background. For a motorcycle inspection station, the sign shall have a blue background and the lettering thereon shall be orange or gold.

(7) The letters in the words "STATE OF NEW YORK" shall be two inches high, with a stroke of approximately one-half inch. All other letters shall be four inches high, with a stroke of approximately three-fourths of an inch.

(8) The word "OFFICIAL" shall be in an arc which shall have a radius of two feet, nine inches.

(c) The official inspection station number shall be placed upon the official inspection station sign in the area directly below the word "OFFICIAL," and such numbers shall be two-inch block letters and meeting the same requirements as to color prescribed in paragraph (b)(6) of this section.

Note: Those stations using the station number sign hanging separately from the bottom of the "OFFICIAL" sign may continue to do so until replacement of sign is necessary. At that time, conformance with this section will be required.

(d) In addition, other signs bearing the same text as specified in this section may also be displayed on the premises. Such signs shall have the same design and be proportionate in dimensions to the official inspection station sign, but in no case shall exceed the size of that sign.

(e) The inspection groups and fee chart (form VS-77), provided by DMV, shall be conspicuously displayed in an office location or similar area of the station where the customer transacts business. Licensee shall be authorized to inspect only those groups of vehicles as indicated on the station official business certificate (form MV-61P). Additional fee signs shall be equivalent in size to the VS-77.

(f) The names and certificate expiration dates of all certified motor vehicle inspectors currently employed to conduct inspections by such official inspection station must be conspicuously displayed to the public at the station. The posting shall be in a clear and legible manner, provided by the official inspection station, under the title "Certified Motor Vehicle Inspectors", with letters one-half inch or more in height. The list of inspectors generated by the NYVIP CVIS will be sufficient for this requirement.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.14 Penalties

(a) An official inspection station license and/or a motor vehicle inspector's certificate may be suspended or revoked or renewal thereof may be refused by the commissioner on one or more of the following grounds:

(1) conviction of a crime involving moral turpitude, or other cause which would permit disqualification from receiving a license upon the original application;

(2) violation of any provision of the Motor Vehicle Inspection Law (article 5 of the Vehicle and Traffic Law) or of these regulations;

(3) failure to register as a repair shop, or suspension or revocation of a repair shop registration (this subdivision does not apply to fleet and dealer inspection stations);

(4) failure to attend a required motor vehicle inspection clinic or training session.

(b) In addition to, or in lieu of, suspending or revoking an official inspection station license, the commissioner may require an official inspection station to pay a civil penalty not in excess of $750 for a first violation of the Motor Vehicle Inspection Law (article 5 of the Vehicle and Traffic Law) or of these regulations, and for a second or subsequent violation committed within 30 months, not arising out of the same incident, a civil penalty of not more than $1,500 for each violation found to have been committed; provided however, the penalty for each and any violation of paragraph 3 of subdivision (e) of section 303 of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,000.

History

An inspection station may be subject to additional penalties for failure to comply with Department of Environmental Conservation regulations concerning diesel emissions standards. Refer to DEC regulations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.15 Official fleet and dealer inspection stations

(a) Portable fleet stations. An official inspection station license (fleet) may be issued to a person, association or corporation owning or leasing more than 250 motor vehicles registered in the State of New York, permitting the licensee to establish an inspection station of a portable nature. Such a portable station may make inspections of motor vehicles owned or leased by such person, association or corporation, at locations in New York State-owned or controlled by the licensee, in addition to the official location listed on the station's license. The official location must have space and equipment sufficient to perform inspections on any vehicle that the station is licensed for. Any remote location must have space and equipment sufficient for any inspection performed at that location. The location listed on the station's license shall be considered the official station location, and will be the place where the records, required testing equipment, and certificates of inspection will be required to be kept, except when inspections are actually being made at another location.

(b) Trailer only dealer stations. Dealers registered under section 415 of the Vehicle and Traffic Law, engaged in the business of selling trailers may qualify for an official inspection station license (dealer) restricted to the inspection of only this type of vehicle. Such a license may be issued without the necessity for enclosed space as required in section 79.9(b) of this Part, except that office space must be available on the premises for the safekeeping of inspection records and other items required by this Part. Such a dealer would be restricted to the inspection of light duty trailers with a gross weight of 10,000 pounds or under, as required by section 79.22 of this Part. If the dealer wishes to inspect trailers with a gross weight of more than 10,000 pounds, the required enclosed space must be maintained and those trailers must be inspected inside the premises.

(1) Any person, association or corporation, having registered in his or its name more than 25 motor vehicles, and any State agency or political subdivision having registered in its name more than five vehicles, may qualify for a license as an official inspection station (fleet). A person, association or corporation licensed as an official fleet inspection station may inspect only those motor vehicles registered in his or its name, those leased for a period greater than 30 days, and those motor vehicles owned by his or its employees. A State agency or political subdivision licensed as an official fleet inspection station may inspect only those motor vehicles registered in its name, those leased for a period greater than 30 days, and those motor vehicles registered in the name of any State agency or political subdivision. Any fleet inspection station that is exempt from payment of fees for inspection certificates under the provisions of subdivision (b) of section 305 of the Vehicle and Traffic Law may not inspect motor vehicles owned by its employees. An official inspection station (fleet or dealer) may only inspect those vehicles it is qualified to inspect. In addition, a State agency or political subdivision licensed as an official fleet inspection station that offers to inspect motor vehicles that are registered to other State agencies or political subdivisions is required to verify that the motor vehicles are registered to another State agency or political subdivision is required to verify that the motor vehicles are registered to another State agency or political subdivision. A fleet inspection station may contract to provide inspection personnel at the fleet license facility, provided only certified inspectors perform inspections. The fleet inspection station will remain responsible for all inspections. For the purposes of this Part, a political subdivision may include, but is not limited to: a county; a city; a village; a town; a school district; a fire district; a county extension service association; or a public improvement district.

(2) A fleet inspection station license may be issued to a facility located outside New York State if all the following conditions are met:

(i) the applicant has at least one fleet inspection station located in New York;

(ii) the applicant has at least 25 motor vehicles registered in New York;

(iii) the applicant agrees to pay the travel expenses of Department of Motor Vehicles employees who are assigned to inspect, investigate or examine the facility or its records, or train its employees; and

(iv) the applicant agrees to abide by article 5 of the Vehicle and Traffic Law and these regulations.

(3) A fleet inspection station licensed to inspect Group 1A vehicles must have the appropriate CVIS for emissions inspection. A person, association or corporation licensed as an official fleet inspection station may be exempted from this requirement if the station can demonstrate that it has more than 25 Group 1A vehicles in its fleet that are not subject to emissions inspection. A State agency or political subdivision licensed as an official fleet insepction station may be exempted from this requirement if the station can demonstrate that it has more than five vehicles in its fleet that are not subject to emissions inspection. If a fleet inspection station is exempted from purchasing the CVIS, any vehicle in the fleet subject to emissions inspection must then be inspected at another facility licensed and equipped to perform the proper inspection.

(d) For parent and subsidiary corporations or separate entities where there is common ownership and management, common space, equipment and personnel may be used to qualify more than one fleet licensee or to qualify one location for a common license for both the parent and subsidiary corporation or separate entities with common ownership and management, provided the total number of vehicles registered in the name of the parent and subsidiary corporations, or the names of the separate entities, exceeds 25.

(e) Dealers registered under section 415 of the Vehicle and Traffic Law, holding motor vehicles for sale or demonstration, who qualify for a license as an official inspection station (dealer), may inspect only those vehicles held by them for sale or demonstration and those motor vehicles owned by their employees.

(f) An official inspection station (fleet or dealer) is subject to all rules and regulations governing the official inspection stations, except:

(1) it need meet only the space requirements for a class 1 station (see section 79.9[b] of this Part);

(2) no official inspection station sign shall be displayed by such a station;

(3) no schedule of fees need be filed with the application for such a station, nor need a schedule of inspection charges be posted within the station;

(4) [Reserved]

(5) an official inspection station (fleet or dealer) is not required to maintain inspection rejection notices (form VS-1075), unless it inspects employee vehicles or is a State agency or political subdivision licensed as an official fleet inspection station that offers inspections to other State agencies or political subdivisions;

(6) an official inspection station (fleet or dealer) need not register as a repair shop; and

(7) in those instances where such rules and regulations are inconsistent with the provisions of this section, this section controls.

(g) An official inspection station (fleet or dealer) is subject to all additional requirements applicable to official emissions inspection stations, unless the official inspection station (fleet or dealer) is restricted to the inspection of certain classes of vehicles. Official inspection stations (fleet or dealer) can be restricted to the inspection of (1) trailers, (2) motorcycles, (3) trucks with a maximum gross weight over 18,000 pounds, (4) vehicles with a maximum gross weight over 8,500 pounds, (5) diesel-powered vehicles, and (6) any vehicle exempt from the emissions inspection requirement. In addition, an official inspection station fleet or dealer license can be restricted to the inspection of any combination of these or other classes of vehicles. An official inspection station (fleet or dealer) is only required to have and maintain equipment necessary to inspect the classes of vehicles it is restricted to inspect, unless the station also inspects employees' vehicles, in which case the station must have the same equipment required of a public station. An official inspection station (fleet) of a local government located in the NYMA must provide for the emissions inspection of vehicles for which such inspection is required in a manner consistent with these regulations and any modifications of the procedure used for emissions inspection within official inspection stations (fleet) of a local government must be approved in writing by the commissioner.

(h)

(1) The commissioner may issue a restricted public inspection license to an education facility, certified by the State Education Department, after the required investigation. The facility would be restricted to inspecting the following vehicles:

(i) vehicles owned by the education facility;

(ii) vehicles owned by the faculty;

(iii) vehicles owned by the students; and

(iv) vehicles owned by the student's immediate family.

(2) The students will be permitted to conduct the required inspections under the supervision of a certified inspector.

(3) The facility will be exempt from all fees and will not be permitted to charge for the inspection.

(4) The facility will be subject to the same requirements as any other public inspection station, except that:

(i) they will not be permitted to display the official inspection station sign; and

(ii) they will not have to apply for registration as a repair shop.

(5) The facility will be issued a license for only one inspection location.

(6) An education facility licensed to inspect Group 1A vehicles must have the appropriate CVIS for emissions inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.17 Qualifications and duties of certified motor vehicle inspectors

(a) Certified motor vehicle inspector qualifications. In order to obtain a certified motor vehicle inspector's certificate, a person must have the following qualifications:

(1) They must be at least 17 years of age at the time of filing with the commissioner an application for a motor vehicle inspector's certificate.

(2) They must have either:

(i) at least one year of experience in repairing motor vehicles within the last five years immediately preceding the date of filing an application for a motor vehicle inspector's certification obtained either in a firm in the automotive industry or in an approved cooperative work study program offering training in the automotive field; or

(ii) a high school or vocational school diploma in vocational automotive trades or college certification of successful completion of first year of course toward an AAS degree in automotive technology.

(3) After filing an application for a motor vehicle inspector's certificate, a person must successfully complete the inspector certification training program and pass a written test, covering inspection procedures, authorized by the commissioner. A skills test may be required at the department's discretion.

(b) Duties of inspectors. The specific duties of a certified motor vehicle inspector are as follows:

(1) When directed by one's employer, to conduct in a competent manner, as promptly as possible, a thorough and efficient inspection of motor vehicles, including a motor vehicle registered in another state, appropriate to the type of motor vehicle one may be allowed to inspect as it appears upon one's certificate and which the official inspection station is allowed to inspect, and which is presented to the station for a statutory periodic inspection; and be able to make minor repairs to correct items which cannot be approved upon initial inspection. Such inspection must be performed in the manner prescribed by the commissioner.

(2) Must have a knowledge of these regulations and a knowledge of the proper use of inspection equipment as required in section 79.9(d) of this Part to perform the services required by these regulations.

(3) To attend all required certified motor vehicle inspection clinics or training sessions upon being duly notified by the commissioner to receive information relating to the subject of periodic inspection of motor vehicles.

(4) To make or cause to be made correct entries, in the CVIS, on any VS-1074 form or any other form prescribed by the commissioner in connection with periodic inspections of vehicles presented for inspection, appropriate to the type of vehicle to be inspected by such official inspection station and appropriate to the type of vehicle allowed to be inspected by such inspector.

(5) A person who has been issued, by the commissioner, a motor vehicle inspector's certificate (form VS-26) must present the certificate to one's current employer and to any other subsequent employer, who shall immediately record the certificate number on the appropriate forms or in the CVIS as prescribed by the commissioner.

(6) During one's hours of employment at the official inspection station, the inspector must have possession of one's own motor vehicle inspector's certificate (form VS-26) and must present on demand such certificate to an automotive facilities inspector or any other agents appointed by the commissioner.

(1) In no event shall any of the aforementioned duties of certified motor vehicle inspectors, employed at an official inspection station, relieve the licensee of an official inspection station of the responsibility for all inspection activities conducted at the inspection station as stated in section 79.8(b) of this Part.

(2) A certified motor vehicle inspector shall not permit one's certificate to be used by any other person and shall not leave one's certificate unattended. A certified motor vehicle inspector shall not use any other inspector's certificate, and shall not allow one's certificate to be used by any other person. Such certificate shall not be altered or reproduced. The Department of Motor Vehicles may issue a temporary certificate after application to replace a defective or lost certificate. A temporary certificate is equivalent to a permanent certificate (form VS-26) and must be safeguarded in the same manner. A certified inspector must not allow one's temporary certificate to be used by any other person and a certified inspector must not use any other inspector's temporary certificate. Upon receipt of a permanent certificate, the temporary certificate must be destroyed.

(3) Certified motor vehicle inspector's certificates are valid for a period of three years. The commissioner may alter this period so that the expiration of the certificate corresponds to a date three years from the last day of the month in which the inspector's birthday occurs. Certified motor vehicle certificates are renewable upon submission of a completed application and may require proof that the inspector has had at least 12 months of experience as a certified motor vehicle inspector during the three-year period immediately preceding the renewal date, provided that there is no suspension, revocation or renewal refusal of the certificate or other administrative action in effect pending any prosecution, investigation or hearing and, if required, the inspector has passed the inspector certification renewal clinic. Certification may be temporarily renewed pending the outcome of an investigation or hearing. If an inspector's certificate is lost or stolen, the inspector must immediately notify the certification unit in the Albany office of the Department of Motor Vehicles.

(d) [Reserved]

(e) In order to perform OBD II inspections in an official emissions inspection station, using the NYVIP CVIS, an inspector must also successfully pass the computer-based exam on the CVIS, in addition to the requirements set forth in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.20 Inspection procedure generally

(a) The items set forth in sections 79.21 through 79.28 of this Part are to be inspected and the prescribed standards must be met before a certificate of inspection can be issued. An inspection rejection notice is to be given to the operator if the condition of any item required to be inspected is found defective, unless the necessary repairs are made before the motor vehicle leaves the premises of the inspection station licensee. A rejection notice is NOT an extension of an expired inspection certificate with the exception that a vehicle that has failed an OBD II emissions inspection may be issued a rejection notice with an extension for the purpose of verifying emission repairs and preparing the vehicle for reinspection, as directed by the NYVIP CVIS. A receipt or invoice must be given to the motorist for the actual cost of the inspection. The receipt or invoice must contain the following information:

(1) date of inspection;

(2) facility number;

(3) certified inspector number;

(4) vehicle information (year, make, mileage, plate number, or VIN if the vehicle has no plate);

(5) the actual fee charged the motorist for the inspection;

(6) results of the inspection (pass, fail), including any required advisory notifications to the motorist such as the air bag warning light malfunction advisory (see section 79.21[k] of this Part) or the tire pressure out-of-range advisory (see sections 79.21[c], 79.27[a] and 79.28[f] of this Part); and

(7) the inspection certificate number, if the vehicle passes inspection.

If the vehicle passes an inspection at an official emissions inspection station, the inspection station must give the customer the motorist copy of the inspection receipt which is printed by the NYVIP CVIS. If the vehicle fails the inspection, the motorist must be given the inspection receipt that is printed by the NYVIP CVIS. Although the CVIS generated inspection receipt satisfies the requirements of this section, the station may, in addition, issue a standard receipt.

(b) All inspections, except brake equalization tests, must be conducted within the enclosed portion of the premises of the official inspection station conducting the inspection. This regulation shall not apply to trailers required to be inspected under the provisions of section 79.22 of this Part. It shall be permissible to conduct the diesel emissions test of a diesel safety/emissions inspection outside the station only if the station does not have sufficient exhaust ventilation. The remainder of such inspection must be conducted within the enclosed portion of the station.

(c) Certified inspector procedure. Upon accepting a vehicle for the purpose of conducting an official inspection of such vehicle pursuant to this section, the certified inspector shall conduct such inspection in the following manner:

(1) To complete the appropriate vehicle inspection record (VS-1074), or make appropriate and accurate entries in the CVIS, obtain the information necessary from any of the following: the vehicle, the windshield registration or windshield inspection certificate, the registration document (MV-639TR) or photocopy, a temporary registration (form MV-149), a certificate of sale (form MV-50), a certificate of title (form MV-999), a manufacturer's certificate of origin, a manufacturer's statement of origin, a salvage certificate (form MV-907A) or photocopy, a notice of registration acceptability (form VS-103), or an out-of-state registration or ownership document. If there is not VIN plate or state-issued VIN number (NYS or any other state), and none of the above-mentioned documents are presented, the inspection station must refuse to perform the inspection.

(2)

(i) The inspector, service writer or other authorized representative at an official emissions inspection station shall ask the customer if the vehicle has been inspected and/or rejected within the past 30 days, and shall request any rejection notice(s) pertaining to such inspection(s). Failure to request this information would require the station to perform a portion of the inspection at no charge to the customer if the CVIS later determines that the vehicle has passed that portion at another station within 30 days.

(ii) When prompted by the NYVIP CVIS, the certified inspector will scan the bar coded reinspection information printed on the rejection notice by the CVIS, to determine the correct reinspection.

(3) At the start of the inspection, the certified inspector shall remove or obtain any expired certificates of inspection, after being utilized for data entry, if required, and 10-day time extension certificates (form VS-1077) or temporary certificates of emissions waivers (form VS-1078) from the windshield or other location on the vehicle. Any inspection certificates or temporary certificates which are not yet expired are to be left on the vehicle until the vehicle passes inspection.

(4) If the vehicle identification number (VIN) plate is missing or mutilated beyond recognition, complete form VS-110 (Notice of Missing or Mutilated Vehicle Identification Number) and mail it to address on form within 24 hours. A multilated or missing VIN plate is not a cause for rejection or refusal to perform an inspection.

(5) [Reserved]

(6) A complete inspection of the vehicle pursuant to the requirements of these regulations must be conducted before either a certificate of inspection or an inspection rejection notice is issued. A certified inspector may not begin an inspection or accept a vehicle for inspection if the equipment required to perform a complete inspection is missing, broken or not functioning. If an official emissions inspection station begins an inspection and is unable to continue because of failure of the CVIS and is unable to create a record in the CVIS of the portion of the inspection that was completed, and the vehicle leaves the premises of the station, then upon re-inspection the vehicle must receive a complete inspection. The failed attempt shall not constitute an inspection and the customer shall not be charged a fee.

(7)

(i) If the condition of all items required to be inspected are found to comply with the specifications in this Part, then the certified inspector or the inspection station licensee shall affix or issue the proper certificate of inspection, with the mileage entered (except for trailers) check the waiver box and punch the trailer box if applicable, and punch the expiration date before the vehicle leaves the premises, as follows:

(a) all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, under 15 passengers, all motor vehicles, except trailers and motorcycles, that have a MGW, as indicated on the vehicle registration certificate, under 18,001 pounds, except those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requested a heavy vehicle inspection - affix the appropriate safety, safety/emissions, or diesel safety/emissions inspection certificate to the lower left inside corner of the windshield to the driver's left of the windshield registration sticker;

(b) all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, all motor vehicles, except trailers and motorcycles, that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requested a heavy vehicle inspection:

(1) affix a heavy vehicle safety inspection certificate near the front registration plate where it can be seen at all times;

(2) [Reserved]

(3) if diesel-powered and registered in the NYMA, also affix a safety/diesel emissions inspection certificate to the lower left inside corner of the windshield, to the driver's left of the windshield registration sticker;

Note: All motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 18,000 pounds, those motor vehicles that have a MGW, as indicated on the vehicle registration certificate, over 10,000 pounds and under 18,001 pounds, when the registrant requested a heavy vehicle inspection, and all motor vehicles that have a seating capacity, as indicated on the vehicle registration certificate, over 14 passengers, registered in the NYMA, and powered by a diesel engine, will be required to display BOTH the heavy vehicle inspection certificate and the appropriate safety/diesel emissions inspection certificate. These vehicles registered outside the NYMA are exempt from diesel emissions inspection and will be issued the heavy vehicle inspection certificate only, unless the vehicle is presented to a diesel emissions and heavy vehicle safety inspection station and the appropriate safety and diesel emissions test is requested, and passed.

(c) all semitrailers - affix a heavy vehicle safety inspection certificate at eye level on the left (driver) side, straight out from the king pin on a nonremovable part;

(d) all trailers over 18,000 pounds MGW and those trailers over 10,000 pounds MGW for which the registrants requested heavy vehicle inspection - affix a heavy vehicle safety inspection certificate on the left (driver) side of the trailer tongue where it can be seen at all times;

(e) trailers 18,000 pounds MGW and under except those trailers over 10,000 pounds MGW for which the registrants requested heavy vehicle inspection - issue a safety inspection certificate. If issuing a VS-1082 safety certificate, punch the box marked "T" and punch the appropriate expiration month. Enter the registration plate number in the "odometer reading" box on the back of the sticker, or the last 6 digits of the VIN if the trailer is not registered, and give the inspection certificate to the trailer owner to be kept with the trailer registration; and

(f) [Reserved]

(g) All motorcycle - affix the motorcycle inspection certificate to a permanent structural member on the left front side of the motorcycle visible when approaching the vehicle from the operator's left.

(d) Reinspections.

(1) When a vehicle subject to emissions inspection is presented to an official emissions inspection station for the purpose of reinspection (vehicle was previously rejected within 30 days by the same station or some other station), only the portions (safety or emissions) of the inspection that failed should be reinspected as long as a valid rejection notice or CVIS verification is received, and only the fee for those portions actually required to be reinspected may be charged.

(2) When a vehicle is presented for the purpose of "safety-only" reinspection (vehicle was previously rejected within 30 days by the same station or some other station), a complete and thorough safety inspection must be conducted.

(3) When a vehicle subject to the diesel emissions inspection is presented for the purpose of re-inspection to the same station within 30 days of the initial rejection, only the portion of the inspection (safety or diesel emissions) that was failed shall be reinspected.

(e) When a vehicle subject to the diesel emissions inspection is presented for inspection in the NYMA with a valid New York State safety or heavy vehicle safety inspection certificate and a temporary certificate of emissions waiver (form VS-1078), a complete safety and diesel emissions inspection must be performed.

(f)

(1) All motor vehicles that provide school transportation, regulated passenger transportation (including vehicles commonly referred to as a "stretch limousine"), and municipal passenger transportation, as defined in 17 NYCRR section 720.1, are subject to New York State Department of Transportation periodic inspection requirements, and, as provided in section 79.2(d)(3) of this Part, are exempt from the New York State Department of Motor Vehicles periodic inspection requirements.

(2) If a passenger car, multipurpose passenger vehicle, or truck is presented for inspection, and such vehicle has been altered (a vehicle commonly referred to as a "stretch limousine") so as to have an extended chassis, or a lengthened wheel base, or an elongated seating area, and in the case of a truck, has been modified to transport passengers in addition to having been altered, the inspection station shall refuse to perform the inspection. The inspection station shall not charge the motorist for the inspection, and shall provide the motorist with instructions about how to comply with New York State Department of Transportation periodic inspection requirements.

(3) The provisions of paragraph two of this subdivision shall not apply if the New York State Department of Transportation has determined that the vehicle is not subject to its jurisdiction and has issued an "Exemption to NYSDOT Inspection Form Letter." If an altered vehicle, as set forth in paragraph (1) of this subdivision, is presented for inspection and the motorist provides a copy of the "Exemption to NYSDOT Inspection Form Letter" for such vehicle, the inspection station shall verify that the vehicle identified in the letter is the same as the vehicle being presented for inspection, that all entry blanks in the letter have been completed, and that the letter has been signed by an employee of the Department of Transportation. If the letter meets these requirements, the inspection station shall accept the vehicle for inspection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.22 Light duty trailers

This section contains additional requirements for the inspection of trailers with a maximum gross weight of 10,000 pounds or under, other than semi-trailers. The vehicles subject to inspection under this section are subject to procedures found in section 79.21(a), (c), (d)(3), (d)(4), (d)(6) and (e) of this Part, in addition to the following:

Note:

If a trailer is equipped with brakes, they should be checked for compliance with section 79.21(a). However, do not reject a trailer for lack of brakes.

(a) Hitch system.

| Procedure | Reject if: | | | | --- | --- | --- | --- | | 1. | Visually inspect for secure hitch. | 1. | There are broken or missing bolts, broken welds, or any looseness in the hitch attachment. |

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.25 Obd ii emissions inspection waiver

(a) If a vehicle fails, after proper repair, the reinspection of the emissions portion, a certificate of inspection must be offered by the official emissions inspection station if all of the following conditions are met:

(1) The safety inspection has been passed.

(2) All emissions control devices have passed inspection. The cost for replacement of missing emissions control devices, safety items or warranty repairs does not count towards the emissions waiver cost limits.

(3) Repairs and adjustments have been properly made and documented and cost at least $450, based on the cost of such repairs if performed in 1989. Provided, however, that the waiver amount will be adjusted to account for increases in the Consumer Price Index (CPI) since January 1989 and will be adjusted each year in accordance with the CPI.

(b) If all of the above conditions are met, the CVIS will allow the inspector to issue an inspection certificate for the vehicle. If issuing a "safety/emissions" sticker VS-1082SE, check the "repair waiver issued" box on the reverse side of the sticker and punch the appropriate expiration month. The NYVIP CVIS will print a waiver certification form that must be filled out by the station, and signed by both the customer and the certified inspector. The station must attach the following documentation to the waiver certification form: copies of invoices and receipts for all of the diagnostic and repair work performed and used to qualify for the waiver; copies of all vehicle inspection receipts for the initial emissions inspection failure and all subsequent emissions inspection failures. This documentation must be kept by the station for two years for possible review by NYS.

(c) The commissioner or an agent of the commissioner reserves the right to inspect a vehicle before or after the waiver is issued to verify that proper repairs have been made and have been documented, including documentation of diagnosis procedures. The repair cost must meet the minimum waiver cost as calculated in paragraph (a)(3) of this section. Repairs made to qualify for the waiver must address the reason for the emissions failure and follow acknowledged industry standards for diagnosis and repair.

(d) Official inspection stations fleet (see section 79.15 of this Part) may only apply the cost of parts towards a waiver; no labor may be applied. All diagnosis and repairs must be documented, as described in subdivision (c) of this section.

(e) Vehicles sold by a dealer that must be inspected prior to delivery are not eligible for a waiver.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.26 Vehicles subject to diesel emissions inspection

(a) Applicability.

(1) All nonexempt diesel-powered motor vehicles, that have a maximum gross weight (MGW) over 8,500 pounds, are registered in the NYMA, and are not subject to the OBD II emissions inspection, are subject to a test of the vehicle exhaust emissions (smoke opacity test) as part of the annual vehicle inspection. A vehicle required to have an exhaust emissions inspection under these regulations may be inspected only at an official diesel emissions inspection station. No other classification of inspection station may conduct inspections for vehicles requiring diesel emissions inspection unless a temporary certificate of emissions waiver (form VS-1078) has been issued for the vehicle and is presented to the inspection station. Upon the vehicle's re-entry into the NYMA, a complete diesel safety/emissions inspection must be performed.

(2) Non-NYMA.

(i) All diesel-powered motor vehicles that have a maximum gross weight (MGW) over 8,500 pounds, and that are registered outside the NYMA are exempt from the diesel emissions inspection. If the vehicle is not subject to an OBD II emissions inspection, the motorist may request a diesel emissions inspection (smoke opacity test) by presenting the vehicle to an official diesel emissions station and requesting the inspection.

(ii) If a nonexempt diesel-powered vehicle that has a maximum gross weight (MGW) over 8,500 pounds with a registration from another state, or with a New York State registration with an out-of-state address, is presented for inspection in the NYMA, the vehicle must receive a safety and diesel emissions inspection (smoke opacity test), and must be issued a diesel safety/emissions inspection certificate if it passes the inspection unless the vehicle is subject to an OBD II emissions inspection.

(b) Pre-emission inspection check

(1) Each vehicle subject to the diesel emissions (smoke opacity) test will first be visually inspected for the following conditions:

(i) Exhaust system - mission section or holes which would prohibit collection of exhaust sample.

(ii) If the vehicle was originally equipped with a governor, determine that it is not missing, disconnected, or malfunctioning.

(2) Vehicles found having any of the conditions set forth in paragraph (1) of this subdivision shall not be inspected. This refusal shall not constitute an inspection, no inspection fee shall be charged, and the station shall instruct the motorist that the vehicle must be returned in a repaired condition in order for an inspection to be performed.

(1) The New York State Department of Environmental Conservation in consultation with the Department of Motor Vehicles shall establish and modify periodically the standards of diesel emissions allowable in the exhaust emissions of vehicles subject to the diesel exhaust emissions (smoke opacity) test.

(2) The test limits established by the New York State Department of Environmental Conservation in 6 NYCRR Part 217 must be used when performing a diesel emissions (smoke opacity) test.

(d) Diesel emissions test procedure.

Subject vehicles registered in the NYMA will receive this test. The test will, in general, consist of entering appropriate vehicle data on the form VS-1074SA, and obtaining a sample of the vehicle's exhaust per the equipment manufacturer's instructions. The system will measure the exhaust particulates and indicate if the vehicle has passed or failed the emissions test. The system will print out the results and a copy of the print out must be given to the customer. The inspection station must also retain a copy of the test results, which will be attached to the motor vehicle inspection record (VS-1074SD). An emissions test will be considered invalid if the vehicle inspection system indicates an invalid test reading. In addition, vehicles subject to the diesel emissions inspection are also subject to the procedures in subdivision (g) of this section.

(e) Effect of failure of diesel emissions test.

Subject vehicles must pass the safety inspection and the emissions test in order for any inspection certificate to be issued. If the vehicle fails to pass either the emissions test or the safety inspection, or combination, an inspection rejection notice must be given to the operator. A certificate of inspection cannot be issued until appropriate repairs are made to reduce the exhaust emissions level within the test limits or until appropriate repairs are made to the failed safety inspection items or both or until it qualifies for a diesel emissions waiver (VS-1079DE). The cost to repair safety items does not count towards the emissions waiver cost limit.

(f) Diesel emissions reinspection procedure and fees.

If a vehicle fails a safety and/or diesel emissions inspection, and is not removed from the station for repair, these shall be no charge for reinspection of such vehicle. If a vehicle fails both the safety and diesel emissions portions of the inspection, and is removed from the inspection station for repairs, the inspection station or any other inspection station must conduct a full inspection during the reinspection of the vehicle. If a vehicle fails the safety portion of an inspection but passes the diesel emissions portion, and is removed from the inspection station for repairs, and is brought back to the same inspection station within 30 days, the inspection station shall conduct only the safety portion of the inspection and must charge only the safety portion of the inspection fee as set forth in section 79.7(c) of this Part. If a vehicle passes the safety portion of the inspection but fails the diesel emissions portion, and is removed from the inspection station for repairs, and is brought to the same inspection station within 30 days, the inspection station shall conduct only the diesel emissions portion of the inspection and must charge only the diesel emissions portion of the inspection fee as set forth in section 79.7(c) of this Part. An inspection station to which a vehicle is presented for reinspection more than 30 days after rejection must perform a full inspection. If a vehicle is presented for reinspection to a station other than the station that rejected the vehicle, a full inspection must be performed.

(g) Emissions control devices.

Vehicles subject to the diesel emissions inspection program must be inspected for the presence and condition of devices designed to control diesel emissions. The vehicle must be rejected if any such device is missing, disconnected, or disabled. The certified motor vehicle inspector shall inspect those emissions control devices that the motor vehicle was originally equipped with by the manufacturer, and those emissions control devices that have been retrofitted into the motor vehicle in accordance with State or Federal laws or regulations.

(h) Diesel emissions inspection waiver.

(1) If a vehicle fails, after proper repair, the reinspection of the emissions portion, a certificate of inspection must be offered by the official diesel emissions inspection station if all of the following conditions are met:

(i) The safety inspection has been passed.

(ii) All emissions control devices have passed inspection. The cost for replacement of missing emissions control devices or warranty repairs does not count towards the emissions waiver cost limits. The cost to repair safety items does not count towards the emissions waiver cost limit.

(iii) Emissions repairs and adjustments have been properly made and documented and the cost equals or exceeds the value contained in the table below for the proper maximum gross weight (MGW) category. The waiver amounts in the table may be adjusted to account for increases in the Consumer Price Index (CPI).

| Minimum hardship waiver repair costs by MGW | | | --- | --- | | MGW | Minimum repair cost for waiver | | 8,501 to 18,000 lbs | $1,000 | | 18,001 to 26,000 lbs | $2,000 | | Over 26,000 lbs | $4,000 |

(2) If all of the above conditions are met, the inspector will be allowed to issue the inspection certificate(s) for the vehicle. Check the "repair waiver issued" box on the reverse side of the "safety/diesel emissions" sticker VS-1082D and punch the appropriate expiration month. The inspector must fill out a diesel emission inspection certification and waiver form (form VS-1079DE), and that form, along with copies of the repair invoices verifying that the required repairs have been performed, must be retained by the station for a period of two years. Copies of all the above documents and a copy of form VS-1079DE must be mailed to the Department of Environmental Conservation (DEC) at the address on the form within three days of issuing the waiver.

(3) The commissioner or an agent of the commissioner reserves the right to inspect a vehicle before or after the waiver is issued to verify that proper repairs have been made and the costs have been documented.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.28 Inspection of motorcycles

This section is comprised of the safety inspection requirements for motorcycles.

(a) Brakes.

| Procedures | Reject if: | | --- | --- | | 1. Check braking system for required brakes. | 1. Not equipped with front and rear brakes (1970 and older need only one operating brake); any brake is disconnected. | | 2. Road test. | 2. Vehicle does not stop within 25 feet when brakes are applied at 20 mph on a hard, dry, level surface free of loose material. |

Note:

If a road test is performed on public roadways, a properly licensed operator must perform the test. If a road test cannot be performed, pull at least one wheel on a drum brake system for inspection of the condition of brake linings, drum and wheel cylinders, if vehicle is so equipped. On a disc brake system visually check rotors, pads and calipers.

| 3. Drum brakes: visually inspect shoes, drum and hardware. | 3. Riveted lining is worn less than ¹/₃₂ " over the rivets or less than ¹/₁₆ " on bonded linings; drums are scored and impair braking or linings are contaminated; drums are turned below manufacturer's specifications. | | --- | --- | | 4. Disc brakes: visually check pads and rotors. | 4. Brake pads are worn to metal; rotor has mechanical damage other than normal wear; rotors are cracked or turned below minimum specifications. | | 5. Check mechanical brakes, linkage hardware and operation. | 5. Rods, springs, and other hardware are bent, cracked, broken, missing, frozen, improperly connected or adjusted. | | 6. Check foot and hand lever free play and reserve. | 6. Foot pedal does not have at least 1/2 " free play or manufacturer's specification, whichever is less. Hand brake does not have at least 1/4 " free play or manufacturer's specification, whichever is less. Pedal reserve is less than ¹/₃ of the possible travel or less than the manufacturer's specification. | | 7. Check hydraulic brake lines, master cylinder, wheel cylinders/calipers. | 7. Lines or hoses are bent, cracked, abraded, crimped, restricted, leaking. Master cylinder, calipers or wheel cylinders leak or control rod is improperly adjusted. Fluid level is below full mark. | | 8. Hydraulic brake pedal drop. | 8. Pedal or hand control moves or drops in one minute while normal pressure is applied. | | (b) Steering suspension and frame. | | | 1. Check frame. | 1. Bent, broken or cracked and is considered to be a hazard for operation. | | 2. Check wheels/wheel bearings. | 2. Bearings are loose, broken, out of adjustment. Spokes or rims are out of alignment or broken. | | 3. Check steering head and bearings. | 3. Loose, broken, out of adjustment or modified beyond manufacturer's specifications. | | 4. Check handlebars. | 4. Loose, bent, broken, cracked or damaged, affecting proper steering; equipped with bicycle handlebars. The handlebars or grips are higher than the operator's shoulders. | | 5. Check shock absorbers. | 5. Broken, defective, do not operate properly. | | (c) Exhaust system and muffler (does not apply to electric motorcycles). | | | 1. Check exhaust system and muffler. | 1. System or elements are not securely fastened. Not equipped with an adequate exhaust system and muffler to prevent excessive noise. Equipped with cut outs, bypass or any device which allows excessive noise. Equipped with a replacement exhaust system or components that are not equivalent to original. Diffusers or resonators or any internal muffler parts are removed. | | (d) Headlamp. | | | 1. Check presence/condition. NOTE: Certain motorcycles may have a head lamp system that "modulates" between high and low intensity. This is an allowed modification only if the system can be switched off for normal operation. | 1. Not equipped with at least one approved, operating motorcycle headlamp. Lamp is not operational; not properly and securely mounted, lens is cracked, broken, covered, discolored or obstructed (such as shields, paint, etc.). Light is not white or does not operate properly in all switching positions. Lights do not have high and low beams. | | (e) Other lights. | | | 1. Check tail, number plate, stop and turn signal lights, reflectors. NOTE: No lighting other than the headlamp(s) referenced in subdivision (d) of this section may be modulated; they must emit steady light. | 1. Vehicle is not equipped with at least one tail and number plate light. If manufactured after October 1, 1968, one stop lamp. August 1985 and newer motorcycles must have turn signals. Does not have at least one Class B red reflector on rear (may be part of light lens). |

Note:

If any motorcycle was originally equipped with more than one of each of the required lights, or such lights have been added when not required, all lights must meet the inspection criteria. A combination tail, stop, and number plate light may be used.

| 2. Check condition and operation. | 2. Tail lamp does not provide light visible for at least 300 feet from rear. Number plate is not visible for 50 feet from the rear. Tail/stop light lenses do not produce majority of red light (red to amber for stop lamp) signal lights other than red or amber on rear, white or amber on front. Lens is broken, missing, obstructed, discolored or fits improperly. Lamps are not securely mounted. Do not produce a steady light; do not work properly in all switching positions (switched on/off, brakes applied, etc.). | | --- | --- | | (f) Tires. | | | 1. Tread measurement. Tread depth gauge calibrated in ¹/₃₂ of an inch must be used if tread depth is expected to fail. Readings must be taken in major tread grooves nearest the center at two points of the circumferences not closer than 15 inches. (Do not inspect spare tire.) | 1. Less and ²/₃₂ of an inch of tread remains at both points where readings are taken. (If flat spots exist, start check at this spot.) | | 2. Check other tire condition. | 2. Any cut in excess of one inch that is deep enough to reach the body cords. Tire is temporarily repaired, using a blowout patch or boots. Tire has bumps, bulges or knots showing partial failure of the tire structure. Tire has exposed ply or cord structure exposed. Tire does not display appropriate Department of Transportation markings or indicates "for off-road use," "racing use only," or similar wording. | | 3. Tire pressure. Check tire pressure. | 3. Advise customer if tire pressure is not within range recommended by vehicle manufacturer. Note: Tire pressure check is an advisory only, do not reject the vehicle. The customer must be notified in writing. | | (g) Horn | | | 1. Required. | 1. Not equipped with a horn. | | 2. Check condition. | 2. Not securely mounted; button or activator interferes with brakes or other mechanism. Sound is not audible at 200 feet under normal conditions. Sound is loud or harsh, horn control/activator does not work properly. Vehicle is equipped with gong or siren whistle (only allowed or authorized on emergency vehicle). | | (h) Rear view mirror. | | | 1. Required. | 1. Not equipped with at least one rear view mirror that provides a clear view to the rear. | | 2. Condition. | 2. Not securely mounted. Reflector is deteriorated, peeling, tarnished, broken or cracked. |

N.Y. Comp. Codes R. & Regs. Tit. 15 § 79.29 Appendix A

TABLE A

| CLAMP TYPE BRAKE CHAMBER DATA | | | | | | --- | --- | --- | --- | --- | | TYPE | OUTSIDE DIAMETER | BRAKE ADJUSTMENT LIMIT | | | | in. | mm. | in. | mm. | | | 6 | 4-1/2 | (114) | 1-1/4 | (32) | | 9 | 5-1/4 | (133) | 1-3/8 | (35) | | 12 | 5-¹¹/₁₆ | (145) | 1-3/8 | (35) | | 16 | 6-3/8 | (162) | 1-3/4 | (45) | | 20 | 6-²⁵/₃₂ | (172) | 1-3/4 | (45) | | 24 | 7-⁷/₃₂ | (184) | 1-3/4 | (45) | | 30 | 8-³/₃₂ | (206) | 2 | (51) | | 36 | 9 | (229) | 2-1/4 | (57) | | LONG STROKE CLAMP TYPE BRAKE CHAMBER DATA | | | | | | TYPE | OUTSIDE DIAMETER | BRAKE ADJUSTMENT LIMIT | | | | in. | mm. | in. | mm. | | | 12 | 5-¹¹/₁₆ | (145) | 1-3/4 | (35) | | 16 | 6-3/8 | (162) | 2.0 | (45) | | 20 | 6-²⁵/₃₂ | (172) | 2.0 | (45) | | 24 | 7-⁷/₃₂ | (184) | 2.0 | (45) | | 24* | 7-⁷/₃₂ | (184) | 2-1/2 | (45) | | 30 | 8-³/₃₂ | (206) | 2-1/2 | (51) | | * For three-inch maximum stroke type 24 chambers. | | | | | | NOTE: A brake found at the adjustment limit is not a violation. | | | | | | BOLT TYPE BRAKE CHAMBER DATA | | | | | | TYPE | OUTSIDE DIAMETER | BRAKE ADJUSTMENT LIMIT | | | | in. | mm. | in. | mm. | | | A | 6-¹⁵/₁₆ | (176) | 1-3/8 | (35) | | B | 9-³/₁₆ | (234) | 1-3/4 | (45) | | C | 8-¹/₁₆ | (205) | 1-3/4 | (45) | | D | 5-1/4 | (133) | 1-1/4 | (32) | | E | 6-³/₁₆ | (157) | 13/8 | (35) | | F | 11 | (279) | 2-1/4 | (57) | | G | 9-7/8 | (251) | 2 | (51) | | NOTE: A brake found at the adjustment limit is not a violation. | | | | | | ROTOCHAMBER DATA | | | | | | TYPE | OUTSIDE DIAMETER | BRAKE ADJUSTMENT LIMIT | | | | in. | mm. | in. | mm. | | | 9 | 4-⁹/₃₂ | (109) | 1-1/2 | (38) | | 12 | 4-¹³/₁₆ | (122) | 1-1/2 | (38) | | 16 | 5-¹³/₃₂ | (138) | 2 | (51) | | 20 | 5-¹⁵/₁₆ | (151) | 2 | (51) | | 24 | 6-¹³/₃₂ | (163) | 2 | (51) | | 30 | 7-¹/₁₆ | (180) | 2-1/4 | (57) | | 36 | 7-5/8 | (194) | 23/4 | (70) | | 50 | 8-7/8 | (226) | 3 | (76) | | NOTE: A brake found at the adjustment limit is not a violation. | | | | | | DD2 & DD-3 BRAKE CHAMBER DATA | | | | | | TYPE | OUTSIDE DIAMETER | BRAKE ADJUSTMENT LIMIT | | | | in. | mm. | in. | mm. | | | 30 | 8-1/8 | (206) | 2-1/4 | (57) | | NOTE: This chamber has three air lines and is found on motor coaches. | | | | | | NOTE: A brake found at the adjustment limit is not a violation. | | | | | | WEDGE BRAKE DATA | | | | | | The combined movement of both shoe lining scribe marks shall not exceed 1/8 inch (3.18 mm). | | | | |

Part 80 TRANSPORTATION NETWORK COMPANIES

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.1 Introduction

Chapter 59 of the Laws of 2017 authorizes the operation of Transportation Network Companies in New York State. This section sets forth the responsibilities and requirements for such companies, their drivers and the Department of Motor Vehicles.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.2 Definitions

The terms used in this section shall have the same meaning as such terms are defined in article I of the Vehicle and Traffic Law, unless otherwise defined in section 1691 of such law.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.3 Application for Transportation Network Company (TNC) license

(a) An applicant for a TNC license must complete a form supplied by the department, accompanied by a fee in the amount of $100,000, and any other documentation requested by the department. Thereafter, on an annual basis, the TNC shall complete such form and pay a renewal fee in the amount of $60,000, which shall be paid no later than one year from the date of the approval of the prior application. If the application or renewal application is denied, the department shall retain $10,000 of the fee.

(b) No license shall be issued unless the applicant:

(1) presents proof it has obtained a group policy in compliance with the financial responsibility requirements of article 44-B of the Vehicle and Traffic Law and section 3455 of the Insurance Law and regulations promulgated by the Superintendent of Financial Services and, if the insurer is an unauthorized insurer, certifies that it has provided a copy thereof to the Superintendent of Financial Services;

(2) agrees to affirm on the application for a TNC license that it shall comply with all applicable laws and regulations related to Transportation Network Companies operating in this State.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.4 Insurance requirements

(a) A TNC driver must maintain an owner's policy of liability insurance, for any TNC motor vehicle such driver owns, leases, or is otherwise authorized to use, in accordance with article 6 of the Vehicle and Traffic Law, the Insurance Law and regulations promulgated thereunder.

(b) A TNC driver, or a TNC on the driver's behalf through a group policy, must also maintain insurance, for any TNC vehicle such driver owns, leases, or is otherwise authorized to use:

(1) with respect to the TNC driver, a policy issued by an authorized New York insurer that provides coverage in satisfaction of the financial responsibility requirements of section 1693 of the Vehicle and Traffic Law and regulations promulgated by the Superintendent of Financial Services;

(2) with respect to the TNC, a TNC group policy issued by an authorized New York insurer or procured by a New York licensed excess line broker pursuant to section 2118 of the Insurance Law, and regulations promulgated thereunder, if such coverage is unavailable from an authorized insurer, in satisfaction of the financial responsibility requirements of section 1693 of the Vehicle and Traffic Law and section 3455 of the Insurance Law and regulations promulgated by the Superintendent of Financial Services; or

(3) by any combination of insurance provided in accordance with paragraphs (1) and (2) of this subdivision.

(c) A TNC driver must carry proof of coverage satisfying article 6 of the Vehicle and Traffic Law and the provisions of subdivision (b) of this section when logged onto a TNC's digital network but not engaged in a TNC prearranged trip and when engaged in a TNC prearranged trip. Upon request of a law enforcement officer, the TNC driver must be able to produce proof of coverage satisfying article 6 of the Vehicle and Traffic Law, and proof of coverage, on an electronic device, under all TNC group policies and, if applicable, proof of coverage under a policy maintained by the TNC driver used to satisfy the requirements of article 44-B of the Vehicle and Traffic Law. Such proof of coverage must be:

(1) the identification card, in accordance with Part 32 of this Title, issued to the TNC driver under an insurance policy satisfying article 6 of the Vehicle and Traffic Law;

(2) as displayed on an electronic device, a copy of all applicable certificates or other evidence of insurance, as defined in section 3455 (a)(2) of the Insurance Law, issued to the TNC driver under TNC group policies, which shall clearly state that the policy satisfies the financial responsibility requirements of article 44-B of the Vehicle and Traffic Law and, at a minimum shall include the name and contact information for the TNC, the expiration date of the policy, the legal name and National Association of Insurance Commissioners (NAIC) number or International Insurers Department (IID) number of the insurer, the group policy number, the certificate number and name of certificate holder, and local contact information for the group insurer.

(d) Group policy notifications to DMV.

(1) The TNC shall share any cancellation, non-renewal, or conditional renewal with the department within 10 business days of notification by the insurer(s). In the event the TNC is unable to replace the coverage before the termination date of the policy, the TNC and its drivers shall cease providing rides to the public until such time as it obtains replacement insurance in satisfaction of the financial responsibility requirements of article 44-B. The group policy shall be maintained at all times that the TNC is operating in this State.

(2) The TNC shall share any material change or alteration in terms of insurance coverage or replacement of coverage for the group policy with the department within 20 business days of notification by the insurer and within 10 business days of the effective date of new coverage from another insurer. The following information must be shared: name of insurer, policy number, NAIC number, a description of the material change or alteration or replacement of coverage, the effective date of the material change or alteration or replacement of coverage, and ICC code (if the insurer is a New York authorized insurer). If the insurer issuing the group policy is an unauthorized insurer, then the insurer also shall share such information with the Department of Financial Services.

(e) A TNC shall not allow a TNC driver to use or operate a TNC vehicle while the TNC driver is logged onto the TNC's digital network but not engaged in a TNC prearranged trip or while such driver is engaged in a TNC prearranged trip unless such TNC vehicle is properly insured in accordance with the provisions of this section, articles 6 and 44-B of the Vehicle and Traffic Law and section 3455 of the Insurance Law and regulations promulgated by the Superintendent of Financial Services.

(f) The department must provide insurance coverage information related to a TNC vehicle that is involved in a motor vehicle accident, as required by section 1695 (8) of the Vehicle and Traffic Law. The department may request confirming information from a TNC regarding insurance coverage information related to such a TNC vehicle. Upon such request, the TNC shall provide such insurance information in a manner to be prescribed by the department, but in no event more than five calendar days from the date of the department's request for such information.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.5 Identification of TNC vehicle

(a) A TNC driver shall display a consistent and distinctive trade dress consisting of a removable logo, insignia, or emblem at all times the driver is providing TNC services. The trade dress shall be:

(1) sufficiently large and color contrasted so as to be readable during daylight hours at a distance of at least 50 feet;

(2) reflective, illuminated, or otherwise patently visible in darkness; and

(3) of such a size so as not to obstruct the driver's view.

(b) The trade dress must be displayed on the inside of the vehicle's front windshield, in the lower right corner.

(c) The trade dress must adhere to the windshield so that it can be removed from the windshield when the vehicle is not logged into the transportation company digital network.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.6 Filing of complaints

(a) A complaint may be filed with the department against a TNC regarding an alleged violation of a licensing requirement pursuant to article 44-b of the Vehicle and Traffic Law or this Part using a form prescribed by the commissioner, which shall be available on the department's website. At a minimum, the complainant must give his or her name, address, phone number and email address, if available, and a complete description of the nature of the complaint and any supporting documentation. Pursuant to subdivision (c) of this section, a complaint against a TNC driver must be filed with the TNC.

(b) If the department requests information from a TNC in order to investigate a complaint, the TNC shall respond to such request within 10 business days.

(c) The TNC must establish a complaint procedure that allows passengers to file complaints against a TNC driver, or the TNC, directly with the TNC, through the TNC's website or mobile application. The TNC may, in its discretion, also receive complaints by other means, such as by phone or regular mail.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.7 Criminal history background check

(a) Scope.

The TNC, or a third party on the TNC's behalf, must conduct a criminal background check for all persons applying for a TNC permit. No person shall operate a TNC vehicle until such person is deemed qualified following such background check. Such background check shall be conducted on an annual basis for each TNC driver operating a TNC vehicle. On an annual basis shall mean no more than 12 months after the completion of the previous background check.

(b) Certification.

The TNC, or a third party on the TNC's behalf, shall conduct the criminal background check for each applicant for a TNC permit in accordance with section 1696 (1) of the Vehicle and Traffic Law. The TNC must maintain a record of each background check, subject to audit of the department, pursuant to section 80.8 of this Part, and certify to the department, in its application for a TNC license, that for each applicant for a TNC permit, and a renewal thereof, it has:

(1) checked the New York State sex offender registry and the United States Department of Justice national sex offender public website;

(2) the applicant's driving record, which shall mean the driving abstract produced by the department;

(3) confirmed that the applicant's vehicle or vehicles are validly registered and inspected, and that the vehicle is properly insured;

(4) confirmed that such driver is at least 19 years of age;

(5) has enrolled the TNC driver in the department's License Event Notification Service (LENS) and, when enrolling a driver in LENS, the TNC must, in addition to the mandatory notifications set forth in section 1696 (1)(d)(i) of the Vehicle and Traffic law, select the option upon enrollment in LENS that LENS notify the TNC if the driver's license is suspended or revoked; and

(6) confirmed that the applicant is not disqualified for any of the offenses set forth in section 1699 (2)(b) of the Vehicle and Traffic Law or for being on the New York State sex offender registry or United States Department of Justice national sex offender public website. Pursuant to subparagraphs (i) and (ii) of such section, the TNC shall review the applicant's record for the past three years and seven years, respectively, from the date of application. If the applicant has been incarcerated during such three or seven year period due to the commission of an offense set forth in such section, the three or seven year look-back period shall be extended for an amount equal to the period of incarceration.

If an applicant for a TNC driver's permit wishes to dispute criminal conviction information, he or she may do so in accordance with procedures established by the Division of Criminal Justice Services.

(d) The TNC shall be responsible for all fees associated with the criminal history background check.

(e) The TNC shall maintain true and accurate records of the criminal history background check and maintain proof of compliance with the provisions of this section for a period of no less than six years.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.8 Audit procedures

Section 1698 of the Vehicle and Traffic Law authorizes the department to audit a sample of records of a TNC for the purpose of verifying compliance with the licensing requirements of the department. Such audits shall be conducted no more frequently than on a quarterly basis, with at least 10 business days' notice to the TNC, unless the department has grounds to believe that additional audits are warranted. The TNC may exclude information on a record that would tend to identify specific drivers or passengers.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

N.Y. Comp. Codes R. & Regs. Tit. 15 § 80.9 Suspension, revocation or denial of a TNC license

(a) If the department denies an application for or renewal of a TNC license, the applicant may appeal such denial in accordance with article 3-A of the Vehicle and Traffic Law.

(b) In addition to the penalties authorized by sections 1692 (2)(a) and 1699 (5) of the Vehicle and Traffic Law, the department may suspend or revoke a TNC license for failure to comply with any of the provisions of article 44-B of the Vehicle and Traffic Law or the regulations promulgated hereunder.

(c) If a penalty is imposed or a license is revoked or suspended by the department, the licensee shall have the opportunity to be heard.

History

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017

Part 81 Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.1 Introduction and definitions

(a) Introduction. This Part supplements the provisions of sections 415-a, 429 and 430 of the Vehicle and Traffic Law, as amended by chapters 691 and 692 of the Laws of 1979. The provisions of this Part do not apply to 1972 or older model year vehicles nor any other vehicle not eligible for a title.

(b) Definitions. For the purposes of this Part, any term defined in section 415-a of the Vehicle and Traffic Law shall have the same meaning when used in this Part. In addition, the following definitions are set forth:

(1) Major component part. A major component part is an engine, a transmission, a frame, a body, a nose or an inflatable restraint system.

(2) Nose. The nose is that portion of the body of a vehicle from the front to the fire wall when acquired or transferred as a complete unit.

(3) Frame. The frame is that part of a vehicle upon which other component parts are affixed, such as the engine, body or transmission.

(4) Body. The body is that part of a vehicle which determines its shape and appearance, and which is attached to the frame.

(5) Vehicle. A vehicle, other than a trailer, shall consist of the frame with two other uncrushed major component parts attached thereto and transferred or acquired as a complete unit, except that in any case where a vehicle is designed in such a manner that one integrated unit performs the functions of the frame and body together, a vehicle shall consist of such unit together with any one other major component part still attached. A trailer is also a vehicle.

(6) Junk and salvage vehicle. A junk and salvage vehicle is any 1973 or later model year vehicle which has been transferred to an insurance company in settlement of a claim for damage thereto or theft thereof and any 1973 or later model vehicle which has been sold or otherwise disposed of as junk or salvage.

(7) Trailer. A trailer shall consist of frame and body, if any, of a vehicle which is designed to be drawn on the public highway by another vehicle.

(8) Proof of ownership. Proof of ownership for a junk and salvage vehicle shall consist of one of the following:

(i) the most recent certificate of title which has been issued for such vehicle;

(ii) the most recent MV-907A (transfer copy) for which a corresponding MV-907A (DMV copy) has been filed with the department or for which the most recent MV-907A (transfer copy) has been attached to one or more MV-907A forms (transfer copies) of which the earliest corresponding MV-907A (DMV copy) has been filed with the department;

(iii) a transferable registration or similar acceptable proof of ownership for a vehicle which is eligible for a title but which is not required to be titled;

(iv) in the case of a vehicle 10 or more model years old which has been abandoned on private property and for which the owner of the vehicle cannot be located, form MV-37 signed and properly completed by the owner of the property upon which such vehicle was abandoned;

(v) form MV-907; or

(vi) in the case of a vehicle eight or more model years old, and worth $1250 or less, form MV-35, signed and properly completed by the owner of the vehicle.

(9) Fleet owner. A fleet owner is a person (including a business of any type) who has 25 or more vehicles titled or registered in New York and who does not have such vehicles insured for damage or theft by an insurance company duly authorized to transact business in this State.

(10) Severely damaged fleet vehicle. A severely damaged fleet vehicle is a vehicle damaged by accident, fire or disaster and not returned to service by the fleet owner if:

(i) the vehicle is either titled or registered in New York and suffered a decline in value of at least 60 percent due to the accident, fire or disaster; or

(ii) the accident, fire or disaster occurred in New York and, as a result, the vehicle suffered a decline in value of at least 60 percent; or

(iii) the vehicle suffered a decline in value of at least 60 percent due to accident, fire or disaster and the vehicle is sold in New York; or

(iv) the engine of the vehicle has to be replaced as a result of the accident, fire or disaster and the vehicle is sold, titled or registered in New York; or

(v) the engine of the vehicle has to be replaced as a result of the accident, fire or disaster which occurred in New York.

(A) flow chart explaining this paragraph is found in paragraph [11] of this subdivision).

(11) Self-insured fleet vehicles flow chart.

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(12) Vehicle dismantler. Any person who is engaged in the business of acquiring motor vehicles or trailers for the purpose of dismantling the same and selling the major or minor or both types of component parts or reselling such vehicles as scrap and any motor vehicle dealer who classifies as salvage 25 percent or more of the vehicles sold in any month. All such persons must register as a vehicle dismantler.

(13) Inflatable restraint system. An air bag as defined in 49 CFR part 571.208 (S4.1.5.1) that is designed and installed to be activated in a crash.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.2 Registration requirements

(a) Persons required to register. Every vehicle dismantler, salvage pool, mobile car crusher and itinerant vehicle collector is required to be registered with the Department of Motor Vehicles.

(b) Application for registration. An application for registration as a vehicle dismantler, salvage pool, mobile car crusher or itinerant vehicle collector shall be filed with the Division of Vehicle Safety Services of the Department of Motor Vehicles in Albany.

(c) Requirements for registration. No registration shall be issued to any vehicle dismantler or salvage pool who does not have a permanent place of business which conforms to section 136 of the General Municipal Law and who has not submitted with the application for registration a copy of a license issued by the locality in which the business is located or a statement from the locality on letterhead stationery stating that the business described in the application may operate at that location and that no local license or permit is required.

(d) A registration may be issued to a vehicle dismantler or salvage pool who does not comply with local laws related to zoning, provided that the applicant has engaged in such business at that location since September 1, 1973. However, the issuance of such registration shall not be a defense to any action brought as a result of such violation of local law.

(e) No registration as a vehicle dismantler, salvage pool, mobile car crusher or itinerant vehicle collector shall be issued until the commissioner determines that all persons having a financial interest in such business are fit persons to engage in such business.

(f) Fees for registration. The annual fee for registration, or renewal thereof, as a vehicle dismantler, salvage pool, mobile car crusher or itinerant vehicle collector shall be $50. The fee must be submitted at the time of application. The fee may be prorated.

(g) A registration as a vehicle dismantler or salvage pool is valid only at the address for which it is issued. A vehicle dismantler or salvage pool wishing to move to a new address must file a business amendment application together with an original letter of approval from the appropriate local government for the new facility location. A mobile car crusher or itinerant vehicle collector may move to a new address by giving the commissioner at least 10 days' notice.

(h) A change in owners or the name under which a vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector does business shall be reported to the commissioner within 30 days.

(i) A vehicle dismantler or a salvage pool must post the current business certificate conspicuously at the place of business. A mobile car crusher or an itinerate vehicle collector must carry the current business certificate or a photocopy thereof in any business vehicle.

(j) Air conditioning equipment. No original or renewal registration as a vehicle dismantler will be issued unless the applicant once submits a manufacturer' s certificate issued upon purchase or an invoice with proof of payment for motor vehicle refrigerant recycling equipment or refrigerant recapturing equipment. The certificate or invoice must contain the name and address of the vehicle dismantler, the name and address of the equipment manufacturer, the date of purchase, the model numbers and the serial numbers of the equipment purchase.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.3 Certification requirements

(a) Persons required to be certified. Every scrap processor, and every scrap collector and repair shop which disposes of vehicular scrap to a scrap processor is required to be certified by the commissioner.

(b) Application for certification. An application for certification shall be filed with the Division of Vehicle Safety Services of the Department of Motor Vehicles in Albany.

(c) Cancellation of certification. Any person who is certified pursuant to this section shall notify the department that he is no longer engaged in a business requiring certification within 30 days of such fact.

(d) A certified scrap processor, scrap collector or repair shop may begin operation at a new location by giving the commissioner 10 days' notice of the move prior to commencing work at the new location. Nothing in this Part shall be construed as affecting a repair shop's obligations under Part 82 of this Title.

(e) A change in the name under which a certified scrap processor, scrap collector or repair shop does business shall be reported to the commissioner within 30 days. Nothing in this Part shall be construed as affecting a repair shop's obligations under Part 82 of this Title.

(f) A scrap processor, scrap collector or repair shop must post the current business certificate conspicuously at the place of business.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.4 Identification numbers

(a) Every person who has been certified or registered pursuant to this Part shall be issued an identification number.

(b) Every scrap processor, vehicle dismantler, salvage pool and itinerant vehicle collector shall display his facility identification number in all advertising and business stationery. In addition, every scrap processor, vehicle dismantler and salvage pool shall display at the main entrance to his place of business a sign containing his facility identification number and the name under which he is registered. The letters and numbers on such sign shall be painted in block figures at least six inches high with a stroke of approximately 3/4 inch, and shall be painted in a contrasting color to the background of the sign.

(c) Every person required to be registered or certified pursuant to this Part shall display his identification number upon any vehicle whether owned, leased or otherwise hired and used by him for the purpose of transporting junk and salvage vehicles or major component parts of junk and salvage vehicles. Such number shall be placed on the foremost doors on each side of such vehicle and painted in a contrasting color to the background, in block figures at least two inches high with a stroke of approximately 1/2 inch. This provision shall not apply if a vehicle is hired and already has an identification number on its doors.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.5 Out-of-state businesses

A person doing business in this State who does not have a place of business in this State, but has a place of business or engages in such business in another state, or province of Canada, and who would be required to be registered or certified pursuant to section 415-a of the Vehicle and Traffic Law if it were in this State, shall apply to the commissioner for an identification number. Such identification number shall be issued, provided that such person complies with the laws and regulations of the jurisdiction in which he has his principal place of business or engages in such business. Every out-of-state business required to obtain an identification number pursuant to this section shall display such identification number in the manner provided in subdivision (c) of section 81.4 of this Part on every vehicle whether owned, leased or otherwise hired and used by him for the purpose of transporting junk and salvage vehicles or major component parts of junk and salvage vehicles. This provision shall not apply if a vehicle is hired and already has an identification number on its doors.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.6 Vehicle rebuilders

A vehicle rebuilder who purchases vehicles for the purpose of dismantling same for parts or for scrap must be registered as a vehicle dismantler pursuant to the provisions of this Part. A vehicle rebuilder who sells rebuilt vehicles must be registered as a dealer pursuant to section 415 of the Vehicle and Traffic Law. A vehicle rebuilder who engages in both functions must be registered both as a vehicle dismantler and a dealer.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.7 Distribution and return of form mv-907a

(a) Section 429 of the Vehicle and Traffic Law provides that the commissioner shall designate a statement of acquisition which shall serve as proof of ownership for a junk and salvage vehicle and which may be used to transfer such vehicle. This statement of acquisition shall be form MV-907A and shall, except as otherwise provided, consist of three parts: a transfer copy, a DMV copy and a file copy. The department will issue a supply of MV-907A forms to insurance companies, registered vehicle dismantlers and registered itinerant vehicle collectors for use in business after submission of properly completed requests for such forms. These businesses shall take reasonable precautions to insure that these forms are not lost or stolen. An MV-907A which is lost or stolen should be reported in writing to the Division of Vehicle Safety Services in Albany and in writing or orally to the local police. If a person other than an insurance company, registered vehicle dismantler or registered itinerant vehicle collector is required to submit form MV-907A in order to transfer a junk and salvage vehicle or otherwise comply with the requirements of these regulations, such person may make application for an MV-907A for such transaction to: Title Bureau, Department of Motor Vehicles, Empire State Plaza, Swan Street Building, Albany, NY 12228. A copy of the proof of ownership must accompany the request for form MV-907A.

(b) Blank forms MV-907A are not transferrable from business to business. When a registered business ceases to operate, whether through sale, retirement, bankruptcy, suspension, revocation or other cause, any blank forms MV-907A shall be returned to the Division of Vehicles Safety Services of the Department of Motor Vehicles within 10 days.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.8 Procedures upon acquisition or transfer of junk and salvage vehicles

(a) Requirements upon acquisition of junk and salvage vehicles.

(1) Except as provided in paragraph (8) of this subdivision whenever a person acquires a junk and salvage vehicle, other than by receiving a properly endorsed MV-907A (transfer copy), such person shall properly complete an MV-907A in accordance with the instructions on the form and submit the DMV copy to the Department of Motor Vehicles within 15 business days of the date such vehicle was acquired, together with the title certificate or other proof of ownership for such vehicle. If the title certificate indicates there is a lien or liens on the vehicle, and if any such lien or liens are satisfied, "Satisfaction of Lien," form MV-901 should also be submitted. The person who acquired the junk and salvage vehicle retains the other two parts of form MV-907A. The transfer copy serves as proof of ownership for the vehicle and may be used to transfer the vehicle. This subdivision does not apply to scrap processors.

(2) The requirement for completing an MV-907A shall not apply to a person who acquires a junk and salvage vehicle by receiving a properly endorsed MV-907A (transfer copy) unless and until such person is ready to transfer the entire vehicle. Such MV-907A (transfer copy) shall be proof of ownership for such vehicle.

(3) Scrap processors. A scrap processor who acquires a junk and salvage vehicle shall follow the procedure set forth in this subdivision, except that a scrap processor shall not purchase any material which may have been a vehicle or a major component part of a vehicle, if recognizable as such, from any person other than a dealer registered pursuant to section 415 of the Vehicle and Traffic Law, an insurance company, a governmental agency, a manufacturer of motor vehicles, a person in whose name a certificate of title or other ownership document has been issued for such vehicle, a person alleging ownership and utilizing form MV-35, signed and properly completed, for a vehicle at least eight model years old and worth $750 or less, or a person registered or certified or issued an identification number pursuant to this Part. This restriction shall not apply to a major component part included in a mixed load, which is a load consisting of more than 50 percent nonvehicular scrap. A scrap processor must take possession of any certificate of title or form MV-35 used as proof of ownership of a vehicle the scrap processor is buying. The scrap processor must send certificates of title and completed forms MV-35 to the Department of Motor Vehicles within 15 days.

(4) Insurance companies. If an insurance company is required to file an MV-907A, either an appraisal report or two pictures of the vehicle, taken from two different points, showing the major damage to the vehicle, if any, shall be filed with the DMV copy of the MV-907A. This provision shall not apply to an MV-907A filed with respect to an unrecovered stolen vehicle. If an out-of-state insurance company uses an adjustor in New York to settle a total loss claim, then the adjustor shall file form MV-907A. If an insurance company authorizes a salvage pool or a vehicle dismantler to possess a vehicle, but is unable to promptly deliver the MV-907A for that vehicle, it shall deliver or mail within four days a written document authorizing the salvage pool or vehicle dismantler to possess the vehicle. The written document must identify the vehicle by year, make, vehicle identification number and, if appropriate, insurance company file number. More than one vehicle may be identified on a single letter or other written document.

(5) Salvage pools. A salvage pool may retain possession of a salvage vehicle without proper proof of ownership if it is awaiting a certificate of title or an MV-907A from an insurance company. Within five days of receipt of a vehicle without its proof of ownership, a salvage pool shall receive from an insurance company a letter or other written document authorizing the salvage pool to possess the vehicle. The letter or other written document must identify the vehicle by year, make, vehicle identification number and, if appropriate, insurance company file number. More than one vehicle may be identified on a single letter or other written document. A salvage pool shall not transfer any vehicle except by use of a properly completed MV-907A.

(6) Vehicle dismantlers. A vehicle dismantler may retain possession of a salvage vehicle without proper proof of ownership if it is awaiting a salvage certificate (form MV-907A) from an insurance company. Within five days of receipt of a vehicle without its proof of ownership, a vehicle dismantler shall receive from an insurance company a letter or other written document authorizing the vehicle dismantler to possess the vehicle. The letter or other written document must identify the vehicle by year, make, vehicle identification number and, if appropriate, the insurance company file number. More than one vehicle may be identified on a single letter or other written document. A vehicle dismantler shall not remove any parts, whether major component parts or not, from a salvage vehicle until it has proper proof of ownership for that vehicle.

(7) Self-insured.

(i) The commissioner shall provide a supply of salvage certificates (form MV-907A) to a self-insured fleet operator at no charge. When a vehicle in the fleet becomes a severely damaged fleet vehicle, the fleet operator shall complete the salvage certificate and mail copy two of it together with the title to the vehicle to the address shown on the form.

(ii) Failure to safeguard salvage certificates or failure to properly complete and mail a salvage certificate when required to do so may result in the commissioner revoking a fleet operator's privilege of being self-insured.

(8) A vehicle dismantler, within 15 days after acquiring a motor vehicle or trailer, must determine whether or not the vehicle will be sold to a scrap processor. If the vehicle is to be sold to a scrap processor, a salvage certificate (form MV-907A) is not required. Instead, the vehicle is entered in the Book of Registry and on a Multiple Entry Form for Salvage Vehicles (form MV-907M), to which the proof of ownership for the vehicle must be attached. No later than the last day of each month, the form must be mailed to the address shown on the form.

(b) Requirements upon transfer of a junk and salvage vehicle.

(1) By a person who has submitted a properly completed MV-907A (DMV copy) to the Department of Motor Vehicles. A person who has filed form MV-907A with the Department of Motor Vehicles may transfer such vehicle by delivering the corresponding and properly completed MV-907A (transfer copy) to the buyer.

(2) By a person whose proof of ownership consists of a properly completed MV-907A (transfer copy). A person whose proof of ownership consists of an MV-907A (transfer copy) which had been delivered to him when he acquired the vehicle may not use such MV-907A to transfer the vehicle. Such a person must complete a new MV-907A and attach the transfer copy of the new MV-907A to the one or more transfer copies he has received. All the transfer copies are to be kept together, in chronological order, with the oldest on the bottom, and given to the purchaser of the vehicle. A purchaser is responsible for determining that a complete chain of ownership for the vehicle being purchased exists.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.9 Procedures upon acquisition or transfer of major component parts

(a) Procedure upon the acquisition of a major component part other than one which is attached to a junk and salvage vehicle. Upon the acquisition of a major component part, other than one which is attached to a junk and salvage vehicle, a numbered invoice or bill of sale identifying such part, including an identification number, if any, showing the name and address of the seller and the date of the sale shall be obtained and filed. Such invoice and bill of sale shall serve as proof of ownership for the part. A vehicle dismantler must mark, stamp or tag a major component part with a stock number which can be traced back to the proof of ownership. This subdivision shall not apply to scrap processors.

(b) Procedure upon transfer of a major component part. Upon the transfer of any major component part, a numbered invoice or bill of sale which identifies the part and the transferee must be given to the transferee as his proof of ownership for such part, and a copy of the invoice must be retained and filed by the seller.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.10 Vehicle identification numbers

(a) Whenever a junk or salvage vehicle is acquired by an insurance company or a person registered or certified under section 415-a of the Vehicle and Traffic Law, and the public vehicle identification number of such vehicle is altered, defaced or missing at the time the vehicle is acquired, an MV-907A must be filed, except for a scrap processor, indicating such condition unless a properly endorsed MV-907A showing such condition is the proof of ownership for such vehicle. All other records maintained by such person must also show such condition. It will not be necessary for a person complying with these requirements to obtain a replacement vehicle identification number unless and until such vehicle is to be sold as a vehicle to a retail purchaser.

(b) Whenever a major component part, whether or not attached to a junk or salvage vehicle, is acquired by a person registered or certified under section 415-a of the Vehicle and Traffic Law and the identification number of such part is altered, defaced or missing at the time such part is acquired, a distinctive tag consisting of the identification number of the person acquiring the part and a distinctive identifying number, such as the assigned stock number, shall be attached to the part. This requirement shall not apply to a part which is to be immediately destroyed or scrapped. In addition, any invoice, bill of sale or other record pertaining to the part, whether or not such part is to be immediately destroyed or scrapped, must indicate such condition, and the fact of tagging, if tagging is required. If a part which has been tagged pursuant to this subdivision is acquired by another person registered or certified under section 415-a of the Vehicle and Traffic Law, the requirement of tagging upon acquisition shall not apply so long as the previous tag is attached to the part. For the purpose of this subdivision, an identification number shall mean any number embossed, engraved, etched or similarly marked on a major component part which is assigned by the manufacturer for the purpose of identification of that particular part, and the location of such number is made available to the public.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.11 Duplicate proof of ownership

(a) Duplicate MV-907A (transfer copy). When an MV-907A (transfer copy) which is proof of ownership for a junk and salvage vehicle is lost or destroyed, the holder of the vehicle may issue another if he issued the lost one, or he may make a request for a duplicate MV-907A (transfer copy) to the party who issued the original MV-907A. Such party shall promptly issue a duplicate MV-907A to the holder. The term duplicate to replace certificate number________ shall be placed above the number appearing in the upper right-hand corner of the MV-907A forms. The DMV copy of the duplicate MV-907A shall be submitted to the Department of Motor Vehicles. No fee shall be charged by any party issuing a duplicate MV-907A.

(b) Any false statement made in connection with an application for any duplicate proof of ownership shall constitute a violation of this Part.

(c) Failure of any person to cooperate with any other person in obtaining a duplicate as required by this section, shall constitute a violation of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.12 Corrections

Any MV-907A (DMV copy) which contains any incorrect information or alteration shall be rejected by the department and any corresponding MV-907A (transfer copy) shall be void and must be recovered by the individual who issued such MV-907A (transfer copy). A corrected MV-907A must be completed and submitted. Any MV-907A (transfer copy) which is subsequently issued as a result of the initial mistake or alteration, is also void and must be recovered by the person who initially made such mistake or alteration. However, any person to whom a void MV-907A (transfer copy) was delivered and who subsequently issues another MV-907A (transfer copy) to another person which contains incorrect information, shall cooperate fully in locating the person to whom such MV-907A (transfer copy) was delivered and shall also cooperate in reexecuting a transfer on a corrected MV-907A. All documents which are void under this section must be returned to the Division of Vehicle Safety Services of this department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.13 Application for title for a junk and salvage vehicle

(a) Application for title. An application for title for a junk and salvage vehicle for which an MV-907A is required to be filed shall only be made to the Title Bureau of the Department of Motor Vehicles. The original of the proof of ownership for such vehicle must be submitted at the time of application. Any irregularities or mistakes in any document submitted with the application for title may result in rejection of the application.

(b) Applicant's agreement. By applying for a physical examination of any junk and salvage vehicle, as required by this section, the applicant agrees:

(1) to have his junk and salvage vehicle available at the appointed time and place of inspection;

(2) that if the department has reasonable grounds to believe that the junk and salvage vehicle or any major component part thereon is stolen, that such vehicle may be impounded by the department pending further investigation;

(3) that if the junk and salvage vehicle is a stolen vehicle, such vehicle may be impounded by the Department of Motor Vehicles and returned, if possible, to the rightful owner of such vehicle; or

(4) that if any part on the junk and salvage vehicle is stolen, the Department of Motor Vehicles may remove such part and allow the rightful owner to recover it. Any such property not claimed by the rightful owner within 15 days shall become the property of the State.

(d) The vehicle presented at the physical examination must be road ready, including all sheet metal in place.

(e) Except as provided in subdivision (f) of this section, a physical examination of the vehicle by a departmental investigator must be made prior to issuance of a certificate of title, and no application for vehicle registration shall be accepted until after a title is issued.

(1) The department may withhold issuance of a certificate of title if such examination discloses the presence of stolen parts on the vehicle. Any stolen parts may be removed from the vehicle and, if possible, returned to their rightful owner.

(2) If an examination discloses the presence of parts on which the identification number has been removed or altered, a decision with respect to issuance of a certificate of title shall be made after a review of all the circumstances with respect to such application.

(3) If the examination discloses a missing, altered or defaced vehicle identification number, an attempt to determine the true vehicle identification number shall be made. If the true vehicle identification is determined, and if the vehicle is not stolen, a special vehicle identification number shall be affixed. If the true vehicle identification number cannot be determined, the vehicle shall be turned over to the Office of General Services for disposal.

(f) The provisions of subdivision (e) of this section relating to inspection for identification by an employee of the department shall not apply to a motor vehicle which has been transferred to an insurance company in settlement of a claim for the theft of such vehicle, provided the following conditions are met:

(1) no major component part of the motor vehicle has been replaced since the theft of such vehicle;

(2) repairs made to the motor vehicle since the recovery of such vehicle either have not exceeded one fourth of the amount paid by the insurance company in settlement of the claim or have not exceeded $1,000, whichever is lower;

(3) the vehicle identification number and all other manufacturers' identifying numbers on the motor vehicle have been examined by the insurance company and are intact in the same form as at the time of the theft of such vehicle; and

(4) an affidavit sworn to by an officer of the insurance company is submitted by the insurance company which made payment in settlement of the claim for theft with the application for title certifying to the above conditions, which affidavit shall also certify the amount of settlement and repair costs.

(g) Fees. An application for a certificate of title shall be accompanied by all fees required upon the issuance of a certificate of title, together with sales tax clearance. If a physical examination of the vehicle is required, a fee of $100 must be submitted. If a vehicle identification number is issued after such inspection, no additional fee will be required. All fees must be submitted at the time of application for title. If such application is accepted but a certificate of title is not issued, such fees shall not be refunded.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.14 Records

(a) Insurance companies. An insurance company must keep a record of all junk and salvage vehicles which come into its possession, together with a record of the disposition of such vehicles. The MV-907A (file copy) may be used for this purpose. An insurance company must be able to produce the MV-907A (file copy) and the required information using only the vehicle identification number or the name of its insured.

(b) Vehicle dismantlers and itinerant vehicle collectors.

(1) Vehicles.

(i) Except as provided in subparagraph (ii) of this paragraph, a vehicle dismantler shall use the MV-907A (transfer copy) as the record for a junk and salvage vehicle. This record must be supplemented by a permanently bound book with consecutively numbered pages which shall serve as an index to the MV-907A (transfer copy) which is being used as a record. This index must contain the stock number of the vehicle, the vehicle identification number, the MV-907A number, and the name (and identification number, if appropriate) of the person from whom the vehicle was purchased. If the vehicle is later sold, an MV-907A (file copy) must be used in place of the MV-907A (transfer copy) which is needed to transfer the vehicle. All of the information contained on the transfer copy must appear on the file copy.

(ii) A vehicle dismantler may use a recordkeeping system which is different from that provided in subparagraph (i) of this paragraph, provided that such system is approved by the department. A system will not be approved unless it includes a chronological index which provides sufficient safeguards against subsequent alterations.

(iii) An itinerant vehicle collector must maintain a book of registry for all junk and salvage vehicles acquired or sold by him. The book must be permanently bound with consecutively numbered pages and must contain the following information: the date the vehicle was acquired, the date such vehicle was sold, the name and address of the person from whom the vehicle was acquired, type of proof of ownership, the name and address and identification number of the scrap processor or vehicle dismantler to whom the vehicle was sold. The receipt obtained from the scrap processor or vehicle dismantler must also be retained. An itinerant vehicle collector shall maintain file copies of all MV-907A forms for three years.

(iv) Major component parts. Unless a different recordkeeping system has been approved by the commissioner, transfers of major component parts which were previously attached to a junk and salvage vehicle held by a vehicle dismantler must be noted on the MV-907A (transfer or file copy) which is being used as the record for such vehicle. In addition, an invoice or bill of sale must be used in such transfer and a copy must be filed by the vehicle dismantler.

(2) Major component parts not acquired as part of a junk and salvage vehicle.

(i) Vehicle dismantlers must maintain a book of registry pertaining to the sale and acquisition of major component parts not acquired as part of a junk and salvage vehicle. This book must be permanently bound with consecutively numbered pages and contain the following information: the date such part was acquired, the date such part was sold, the part identification number, if any, the stock number of such part, and the names of the persons from whom such part was acquired and to whom such part was sold. Proof of ownership and copies of all bills of sale or invoices used in connection with the purchase and sale of any major component part must be filed by the vehicle dismantler.

(ii) A vehicle dismantler may use a recordkeeping system which is different from that provided for in subparagraph (i) of this paragraph, provided that such system is approved by the department. A system will not be approved unless it includes a chronological index which provides sufficient safeguards against subsequent alterations.

(3) No records need to be kept for a motorcycle, a passenger vehicle which was manufactured with a seating capacity of 14 or fewer passengers, plus driver, or truck with a manufacturer's gross vehicle weight rating of 18,000 pounds or less or a separately acquired major component part from such a vehicle if the vehicle or part is acquired when it is 10 or more calendar years old.

(c) Mobile car crusher. A mobile car crusher shall maintain a bound book with consecutively numbered pages which shall contain the following information: the vehicle identification number of any vehicle crushed, the person who owned the vehicle at the time it was crushed and the date the vehicle was crushed. Provided, that a mobile car crusher does not need to keep records for vehicles owned by a registered vehicle dismantler, which are crushed and left on the premises of that registered vehicle dismantler.

(d) Salvage pool. A salvage pool shall maintain a bound book with consecutively numbered pages which shall contain the following information: the date possession of such vehicle was obtained, the date such vehicle was sold, the person to whom it was sold, the vehicle identification number of the vehicle and the person who sold the vehicle.

(e) Vehicle rebuilder. A vehicle rebuilder who is not a registered vehicle dismantler must keep records in the manner prescribed in subdivision (b) of this section.

(f) Scrap collectors. A scrap collector is required to keep a record of the names and addresses of the parties from whom he picks up vehicular scrap.

(g) Scrap processors. A scrap processor is required to keep a record of the name, address and identification number of the party from whom vehicles and major component parts were acquired, together with either a description and number of such vehicles and parts or the weight of the acquisition. These recordkeeping requirements shall not apply to a major component part included in a mixed load, which is a load consisting of more than 50 percent of nonvehicular scrap.

(h) Retention period. Except for proofs of ownership required to be submitted to the Department of Motor Vehicles or required to be given to the transferee, all required records must be kept for a period of at least five years from the time the vehicle or major component part has left the possession of any person required to keep records pursuant to this section. However, no records shall be required to be kept for a vehicle or major component part which has left the possession of any person required to keep records if the vehicle or major component part is 10 or more model years old.

(i) Examination of records. The records and premises of any person who is registered or certified pursuant to the provisions of this Part shall be subject to examination and inspection as provided in section 415-a of the Vehicle and Traffic Law.

(j) Miscellaneous.

(1) All recordkeeping entries required to be made pursuant to this section shall be made prior to the close of the business day following the day the transaction occurred, except that insurance companies shall be permitted five business days following each transaction to make the recordkeeping entries required by this section.

(2) All recordkeeping entries made in any bound book or index as required in this section shall be made in chronological order and there shall be no gaps or spaces between entries.

(3) If a vehicle for which an MV-907A has been filed, has been destroyed or if no further use is intended to be made of the MV-907A (transfer copy), such MV-907A (transfer copy) shall be kept with the MV-907A (file copy), if any.

(k) No registered business shall issue a false document or make a false entry in its records.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.15 Salvage vehicles prior to september 1, 1981

Any vehicle for which an MV-907 has been issued shall not fall under these regulations but shall be controlled by this Part as it existed on August 31, 1981.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.16 Sale of salvaged inflatable restraint systems; restrictions

(a) On and after January 1, 1997, prior to offering any salvaged inflatable restraint system for sale, such salvaged inflatable restraint system part identification number and the vehicle identification number of the vehicle from which the salvaged inflatable restraint system was taken shall be referred to a nationally recognized theft index bureau approved by the commissioner, in consultation with the Superintendent of Insurance, for the purposes of determining prior to sale that neither the salvaged inflatable restraint system nor the motor vehicle were stolen, as determined at the time of inquiry. The sales invoice shall state the date and the result of the inquiry to such theft index bureau.

(b) On and after March 1, 1998, prior to offering any salvaged inflatable restraint system for sale, such salvaged inflatable restraint system shall be certified according to standards established by a nationally recognized testing, engineering and research body approved by the commissioner in consultation with the Superintendent of Insurance.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.20 Temporary permits

(a) An owner of a salvage vehicle which has been or is being repaired may obtain a permit allowing the vehicle to be operated prior to the physical examination and for five days after the physical examination. A request for a permit must be made at the same time a request for a title and a physical examination is made. No permit will be granted unless an application for a title and a physical examination is made.

(b) An application for a permit must be accompanied by the MV-907A for the vehicle showing that the vehicle has passed inspection.

(c) An application for a permit must be accompanied by proof that the vehicle is insured to at least the minimum levels required to register the vehicle.

(d) The permit shall be attached to the vehicle in accordance with instructions printed on the permit itself. Provided, however, that if the vehicle is a motorcycle, the permit shall be carried by the operator.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.21 Penalties

(a) A registration as a vehicle dismantler, salvage pool, mobile car crusher or itinerant vehicle collector may be suspended or revoked for a violation of section 415-a or 429 of the Vehicle and Traffic Law, for a conviction of any provision of the Penal Law relating to theft or possession of motor vehicles or motor vehicle parts, for a change in status which would have resulted in the denial of the registration initially, for a false statement to the commissioner, for a violation of title 10 of the Vehicle and Traffic Law or for a violation of this Part.

(b) In addition to, or in lieu of, suspending or revoking a registration, the commissioner may require the registrant to pay a civil penalty not exceeding $1,000 for each violation.

Part 82 Motor Vehicle Repair Shops

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.1 Introduction

Chapter 946 of the Laws of 1974 created article 12-A of the Vehicle and Traffic Law, entitled the Motor Vehicle Repair Shop Registration Act, hereinafter referred to as the act. The stated purposes of the act are to further highway safety by promoting the proper and efficient repair of malfunctioning or disabled motor vehicles, to protect consumers from dishonest, deceptive and fraudulent practices in the repair of such motor vehicles, to protect the motoring public from improper repairs, to eliminate unqualified automotive repair shops, and to set standards for quality repairs. This Part is promulgated to realize those purposes.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.2 Definitions

The following definitions shall apply to this Part:

(a) Day. A calendar day except that if the last day is a Saturday, Sunday or holiday there shall be an extension of time to the conclusion of the next business day.

(b) Estimate. The repair shop's determination of the cost of parts and the cost of labor needed to perform offered services. If a teardown is needed to determine the services required to repair a motor vehicle malfunction or a motor vehicle body, fender or other component damaged by accident or otherwise, the estimate which includes the cost of teardown and reassembly shall clearly state that such estimate does not include the cost of repairs.

(c) Guarantee. An obligation undertaken by a repair shop to rerepair a vehicle at no charge or at a reduced charge for parts or labor or both.

(d) Invoice. A bill in writing listing the details of the transaction between the repair shop and the customer as required by this Part.

(e) Material false statement. A knowingly misleading or untrue assertion which, if revealed, might have resulted in the denial of the application.

(f) Place of business. An address where repair shop services are offered or ordinarily performed.

(g) Reasonable fee for making an estimate. An amount based on no more than the shop's labor charge, calculated by clock hours, or $1, whichever is greater.

(h) Repair. Any alteration or adjustment to a motor vehicle, or diagnosing a malfunction.

(i) Timely written demand. A request in writing made to the repair shop operator by the customer before any work is done on the vehicle.

(j) True owner. The controlling interest in the business.

(k) Warranty. A promise made by a manufacturer that a vehicle will be repaired at no charge or at a reduced charge for parts or labor or both.

(l) Work order. An authorization, either oral or written, on the part of the customer for the repair shop to perform a service.

(m) Diagnostic center. A business which examines motor vehicles to determine the cause or location of malfunctions in motor vehicles.

(n) Drive-in station. A place to which consumers drive their motor vehicles to have them appraised for damage in connection with insurance. Drive-in stations may be permanent facilities or mobile operations. If a particular site is used as a drive-in facility for less than two days a week, it may qualify for registration as part of a mobile unit.

(o) Motor vehicle. Every vehicle operated, driven or towed upon a public highway except:

(1) electrically driven invalid chairs being operated or driven by an invalid;

(2) vehicles which run only upon rails or tracks;

(3) snowmobiles; and

(4) towed vehicles designed and primarily used for some purpose other than transporting people or property.

(p) Body part. Bumper, chassis frame, cowl, door outer panel, door shell, fender, fender skirt, fender wheel house and spring mounting panel, fire wall, floor panel (front or rear), grille, hood, inner wheel house, pillar (center, lock or windshield), quarter panel (outer or inner), rear body panel, rocker panel, roof and trunk lid.

(q) Inflatable restraint system. An air bag, as defined in 49 CFR part 571.208 (S4.1.5.1) that is designed and installed to be activated in a crash.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.3 Registration

(a) Every motor vehicle repair shop is required to be registered with the commissioner. A motor vehicle repair shop is any person who, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders or other components damaged by accident or otherwise, except those persons excluded by subdivision (b) of this section. A motor vehicle repair shop is also any shop, drive-in station or garage which inspects motor vehicles for the purpose of appraising, evaluating or estimating the extent or value of motor vehicle damage or the necessity or cost of motor vehicle repairs.

(b) The following persons are excluded from the term motor vehicle repair shop and therefor do not require registration as a repair shop:

(1) an employee of a motor vehicle repair shop who engages in the business of repairing motor vehicles solely by reason of his employment;

(2) any person who is solely engaged in the business of repairing the motor vehicles of a single commercial or industrial establishment, or of the Federal, State or a local government or any agency thereof;

(3) any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, polishing and washing, repairing, installing or replacing seat safety belts, upholstery or communications equipment;

(4) any person solely engaged in the business of repairing road building machines, farm machines, lawn machines, garden machines, vehicles registered as special purpose vehicles; or

(5) any person who does not work on the vehicle but only on parts of the vehicle removed by others.

(c) Repairs and services set forth in paragraph (b)(3) of this section are not excluded from the provisions of this Part when performed in a registered repair shop.

(d) Application.

(1) Every motor vehicle repair shop shall file an application for registration with the commissioner. The application shall contain the information required by the act, the repair shop's sales tax number, either a letter from the municipality where the repair shop is located indicating compliance with zoning, planning, fire, and building regulations and codes or a letter from such municipality indicating it has no such codes or proof that a registered repair shop is or was operating at that location, and such other information as the commissioner may require. Forms VS-1 and VS-1.1 will be supplied for this purpose. A nonrefundable $10 fee shall be submitted with such application. In addition, a $150 registration fee, valid for two years, shall be submitted for each repair shop location to be registered. The $150 registration fee shall be returned if the application for such location is denied.

(2) An applicant must complete both a VS-1 and BS-1.1 for each repair shop location desired. Forms VS-1 and VS-1.1 may be obtained at any motor vehicle issuing office.

(3) An applicant must indicate whether the repair shop will service air conditioning systems in the next two years. If so, the applicant must indicate the number of bays in the repair shop and submit a manufacturer's certificate showing the name and address of the repair shop, the name and address of the equipment manufacturer, the date of purchase, and the serial numbers of motor vehicle refrigerant recycling equipment purchased. A repair shop with three or less bays need not comply with this latter requirement until January 1, 1992.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.4 Suspension, revocation or refusal to issue registration

(a) The commissioner, or any person deputized by him, may deny the application of any person for a certificate of registration and may suspend or revoke the registration of any motor vehicle repair shop or refuse to issue a renewal thereof if he determined that such applicant or registrant:

(1) has made a material false statement or concealed a material fact in connection with his application;

(2) was the former holder of a certificate of registration issued hereunder which was revoked or suspended by the commissioner;

(3) was, or that any officer, director, partner or stockholder holding more than 10 percent of the outstanding stock was an officer, director, partner or stockholder holding more than 10 percent of the outstanding stock in a corporation or partnership, as the case may be, which was the former holder of a certificate of registration issued hereunder which was revoked or suspended by the commissioner;

(4) has failed to furnish satisfactory evidence of good character, reputation and fitness;

(5) does not have a place of business as required by this Part;

(6) is not the true owner of the repair shop, except in the case of a franchise or lease;

(7) has been guilty of fraud or fraudulent or deceptive practices;

(8) has within a two-year period, been grossly negligent on two or more occasions in the performance of any repair or adjustment covered by the act or this Part, or, within a two-year period, has grossly overcharged on two or more occasions for such repair or adjustment;

(9) has willfully failed to comply with any of the provisions of the act or the rules and regulations of the commissioner promulgated thereunder;

(10) has knowingly issued a false or misleading estimate; or

(11) has engaged in a course of conduct which unreasonably impedes or delays a consumer's right to a fair recovery pursuant to the provisions of an automobile insurance policy, the Insurance Law or regulations issued by the Superintendent of Insurance governing the evaluation and adjustments of claims.

(b) For the purposes of paragraphs (a)(7)-(11) of this section, it shall be presumed that the actions of any employee of a motor vehicle repair shop shall be attributable to, and deemed to be the actions of, such motor vehicle repair shop.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.5 Obligations of the repair shop

The repair shop shall:

(a) upon the request of any customer, make an estimate in writing of the parts and labor necessary for each specific repair or service offered and shall not charge for work done or parts supplied in excess of the estimate without the consent of such customer. The repair shop may charge a reasonable fee for making an estimate. The estimate shall contain the following: the customer's name, the name and facility number of the repair shop, the date of the estimate, a list of parts necessary for each specific repair together with the costs for each part, indicating any parts which are not new parts of at least original equipment quality, the labor charge for each repair together with the costs of each labor charge, year and make of vehicle, registration plate number or vehicle identification number, a description of the problem reported by the customer, and a statement informing the customer of his right to receive replaced parts if the customer makes a written request for such return. In addition, for body parts, the repair shop must indicate if the part is a new original equipment manufacturer part, a new after market equipment manufacturer part or a used part. A statement on an estimate that all body parts are in one of the three classes except as otherwise indicated complies with this last requirement. All information on an estimate must be legible;

(b) not perform any services not authorized by the customer by a work order. If a repair shop prepares a written work order, a copy shall be given to the customer. If a written work order is prepared by the customer, such work order shall be attached to the invoice. If the customer gives an oral work order, the oral work order shall be noted on the invoice and shall include the date, time and manner of authorization and by whom such authorization was given;

(c) provide the customer with an invoice. An invoice shall contain the following information: the name, address and facility number of the repair shop, the date of the invoice, the date the vehicle was presented to the repair shop for repair or services, a list of all parts supplied and labor performed, including the cost for each such part and labor, a notation indicating the status of any part used which is not new and of at least original quality (i.e., used, rebuilt, etc.), the odometer reading at the time the invoice was prepared, a promised date of delivery, if any such date was given, the name of the customer, year, make, and plate number and/or vehicle identification number of the vehicle, the terms and time limit of any guarantee for the repair work performed, a description of the problem reported by the customer, and the repair shop registration number. If the inflatable restraint system is replaced, the invoice shall indicate the name and tax identification number from whom the inflatable restraint was purchased. If such system is a salvage unit, the invoice must also state the dismantler's registration number, the vehicle identification number of the vehicle from which the unit came and the part number from the salvage inflatable restraint system. The invoice must indicate "salvage inflatable restraint system" if a salvage unit was used. The insurer and consumer shall receive a copy of the purchase invoice for the replacement inflatable restraint system. A repair performed under warranty requires an invoice which complies with this subdivision. In addition, if body parts were used in the repair, the invoice must indicate if each such part is a new original equipment manufacturer part, a new after-market equipment manufacturer part or a used part. A statement on an invoice that all body parts are in one of the three classes except as otherwise indicated complies with this last requirement. All information on an invoice must be legible;

(d) return replaced parts if a timely written demand is made by the customer. If work is authorized over the telephone, it shall be presumed that the customer wants his parts returned and the repair shop shall keep such parts until the customer or his agent appears to retrieve the motor vehicle at which time the replaced parts shall be given to the customer if he so directs. Customers may not waive their rights to replaced parts over the telephone. This subdivision does not apply to parts, components or equipment normally sold on an exchange basis or subject to a manufacturer's warranty;

(e) operate the vehicle while in its possession only in accordance with the directions of the customer or as is necessary to repair or road-test the vehicle;

(f) make repairs covered by guarantee;

(g) provide quality repairs;

(h) not commit a fraud or a deceptive practice;

(i) not grossly overcharge;

(j) upon request of the customer, return the registration number plates to the customer, or, within 24 hours of the request, personally deliver or mail by special delivery first-class mail to the nearest motor vehicle office the registration number plates and a notice that the vehicle is being held to satisfy a lien for storage or repairs;

(k) [Reserved]

(l) complete repairs in a prompt and timely fashion unless needed parts are unavailable or extraordinary circumstances prevent it;

(m) not service an air conditioning system unless it uses approved motor vehicle refrigerant recycling equipment; and

(n) an activated/deployed, or stolen inflatable restraint may only be replaced with a unit newly manufactured for first-time use. However, a salvaged undeployed inflatable restraint system may be used as a replacement only if the consumer specifically requests a salvaged unit and proper documentation procedures are followed. However, nothing shall require a repair shop to install a salvaged inflatable restraint. In addition, on and after March 1, 1998, only a new inflatable restraint system or a salvage unit certified according to standards established by a nationally recognized testing, engineering and research body may be used for an inflatable restraint repair or replacement.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.6 Civil penalty and restitution

(a) The commissioner, or any person deputized by him, in addition to or in lieu of revoking or suspending the certificate of registration of a registrant in accordance with the provisions of the act or this Part, or upon finding that a registrant has been grossly negligent in the performance of any repair or adjustment covered by the act or this Part, or has grossly overcharged for such repair or adjustment, may in any one proceeding by order require the registrant to pay to the People of this State a penalty for a first violation in a sum not exceeding $750 for each violation found to have been committed, and for a second or subsequent violation not arising out of the same incident both of which were committed within a period of 30 months, be a civil penalty of not more than $1,000 for each violation found to have been committed; provided, however, the penalty for each and any violation of paragraph (g) of subdivision one of section 398-e of the Vehicle and Traffic Law found to have been committed shall be no less than $350 and no more than $1,000, except that if a finding of financial loss is made pursuant to subdivision (b) of this section, the amount of such penalty may be increased by the amount of financial loss so found. Upon the failure of such registrant to pay such penalty within 30 days after the mailing of such order, postage prepaid, registered, and addressed to the last known place of business of such registrant, the commissioner may revoke the certificate of registration of such registrant or may suspend the same for such period as he may determine without further proceedings.

(b) Upon a determination that a registrant has done or failed to do any act for which suspension of the registrant's registration or a civil penalty against the registrant could be imposed, the person making such determination may make a finding of financial loss to any complainant or complainants resulting from the actions of the registrant. The person making such finding may provide that if the registrant makes restitution to the complainant or complainants for the amount or amounts so found, the payment of such restitution may be substituted in lieu of any suspension or civil penalty, or a specified portion thereof imposed upon the registrant. However, a finding of financial loss shall only be made if the complainant:

(1) agrees to accept the amount so found, if offered by the registrant; and

(2) is not a party to any litigation which is pending or which has gone to judgment in relation to the same matter in any civil court.

(c) The amount of financial loss which may be found and proposed as restitution shall be limited to an amount necessary to repair the vehicle or vehicles in question and/or any amount of overcharge which may be found. Neither punitive nor incidental damages may be included in the finding of financial loss.

(d) If payment of restitution to the complainant is authorized in lieu of all or a portion of a suspension or civil penalty, in order for the registrant to exercise the option to make such payment, such payment must be made by means of a certified check or money order payable to the complainant or complainants delivered to an office of the department as directed by the commissioner or his agent within 30 days of the date of notice of suspension and/or civil penalty. Upon receipt of such certified check or money order, the department shall forward the same to the complainant or complainants.

(e) If payment of restitution may be substituted in lieu of a civil penalty or portion of a civil penalty, and the registrant does not exercise the option to make such payment, the civil penalty becomes due as provided in subdivision (a) of this section.

(f) Any payment made in compliance with such a finding of financial loss shall not preclude any civil action which may be brought by either the complainant or registrant, and any such finding may be considered but shall not be binding upon any court before which any such action is brought.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.7 Signs

(a) The Commissioner of Motor Vehicles shall furnish an official indoor repair shop sign. Every registered repair shop, except those which are registered as repair shops solely to perform appraisal work in connection with insurance, shall post this sign indoors in a place where customers are likely to see it.

(1) If the repair shop has no indoor facilities, the sign shall be posted outdoors. The repair shop shall take appropriate steps to protect the sign from the elements.

(2) A mobile unit shall have the official indoor repair shop sign firmly affixed to the mobile unit in such a manner that it is visible to pedestrians.

(b) The repair shop shall post an official outdoor repair shop sign. Such sign shall be posted outside even if the official indoor sign has been posted outside. The size, shape and text of official outdoor repair shop signs must conform to the following specifications: An official outdoor repair shop sign must be three feet wide and two feet high and made of a durable material which will withstand the outdoor elements. The sign may be either a single- or double-faced sign, but must be hung or mounted in such manner that it is visible to the public.

(1) The text and design of the sign shall be as follows:

Image

Such sign must be displayed on the outside of the premises and may be mounted flat against a building, or painted thereon, provided it is visible to the public. Such signs must be in place within 30 days from the date of issuance of the registration.

(i) The background of the sign shall be kelly green and the lettering and numbering shall be white.

(ii) The letters in the words "STATE OF NEW YORK" shall be two inches high, with a stroke of approximately one-half inch. All other letters shall be four inches high, with a stroke of approximately three fourths of one inch.

(iii) The words "REGISTERED" shall be in an arc which shall have a radius of two feet, nine inches.

(iv) The repair shop registration number shall be placed upon the official repair shop sign in the area directly below the word "REGISTERED." Such numbers shall be two inch block numbers with a stroke of approximately one-half inch.

(2) The repair shop shall supply the outdoor sign.

(3) A mobile unit shall have the official outdoor repair shop sign displayed in such manner that it is visible to pedestrians. A mobile unit owner may post on his, her or its vehicle a sign proportionally smaller that the sign described above but no smaller than one foot high by two feet wide.

(c) The repair shop shall post on a sign at least 81/2 by 14 inches how its labor charge is computed and may also show its hourly labor charge. This sign shall be posted next to the official indoor repair shop sign. The repair shop shall supply the sign. A mobile unit shall have the labor charge sign firmly affixed to the outside of the mobile unit in such a manner that it is visible to pedestrians. The following are recommended alternative examples:

Image

(1) This subdivision shall not apply to any repair shop which is required to be registered as a repair shop solely to perform appraisal work in connection with insurance.

(d) The Department of Motor Vehicles shall furnish a sign to every repair shop which performs appraisal work in connection with insurance. Every repair shop, including a mobile repair shop, which performs appraisal work in connection with insurance shall post the sign in a place where consumers are likely to see it.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.8 Charges

(a) Written estimates must indicate the hourly labor charge and how it is computed, i.e., by clock hours or flat rate. If flat rate, the manual used must be specified. However, a repair shop may utilize a job rate which covers both labor and parts on mechanical and electrical repairs costing less than $200. When a job rate is used, a list of parts must be included in the estimate and invoice. A job rate may not be used for body repair work.

(b) If flat rate time is used the consumer shall be shown relevant time rates as listed in the manual, on request.

(c)

(1) A customer may not be charged for storage unless notice in writing is given. Notice may be given by a statement on an estimate or other document given the customer, by letter or by other written means which gives the customer actual notice.

(2) Storage may not be charged during the period from which the customer has authorized repairs to one business day after the repair shop has notified the customer to pick up the repaired vehicle.

(d) Upon reasonable notice, a customer may remove a vehicle from a repair shop during the shop's business hours upon paying for:

(1) labor actually performed;

(2) parts actually installed;

(3) parts ordered specifically for the customer's car if the order is not cancellable or the parts not returnable for cash or credit; and

(4) storage charges imposed in accordance with subdivision (c) of this section.

(e) A manual may be used if it is objective and has wide acceptance in the industry. One Manual may be used for mechanical repairs, one for body repairs and a different one for paint and refinishing materials. A manual may be printed, be an electronic compilation, or utilize other storage technology.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.9 Records

(a) Each motor vehicle repair shop shall maintain copies of estimates, work orders, invoices, parts purchase orders and appraisals prepared by that repair shop. Such copies shall be kept for two years and shall be available for inspection by the commissioner or his designee during all business hours.

(b) A repair shop which removes or installs inflatable restraint systems shall maintain a bound log book to account for inflatable restraint repairs containing:

(1) Repaired vehicle information:

(i) date of installation;

(ii) vehicle identification number (VIN);

(iii) registration plate number;

(iv) make;

(v) model; and

(vi) replacement inflatable restraint's part number.

(2) If a salvage inflatable restraint system is used:

(i) VIN of the vehicle from which the replacement inflatable restraint system was salvaged; and

(ii) the name, tax identification number and registration number of the dismantler from whom the salvaged restraint system was purchased.

(3) If a new inflatable restraint system is used, supplier information:

(i) name;

(ii) tax identification number; and

(iii) the records required in this subdivision must be maintained in a bound book with consecutively numbered pages. Such records must be available for examination by an agent of the commissioner or any police officer during regular and usual business hours.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.10 Consumer complaints

The commissioner will accept complaints against a repair shop up to 90 days or 3,000 miles after completion of the repairs, whichever comes first. All complaints that are signed shall be reviewed or investigated except those that fall outside the jurisdiction of the act. The commissioner may assist in settlement of disputes between the repair shop and the complainant. If a settlement is reached, a report of the facts shall be included in the registrant's record. A settlement shall not act to bar the commissioner from proceeding to a hearing to investigate alleged violations of the act or these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.11 Local law and ordinances

The provisions of the act and this Part shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any local law, ordinance, order, rule or regulation in conflict with the provisions of the act, or this Part, nor shall any local authority enact or duplicate any provisions of the act, or this Part as a local law, ordinance, order, rule or regulation. The act and this Part do not supersede any local laws or ordinances in other fields such as zoning and fire safety. The issuance of a registration to a repair shop indicates that the repair shop has complied with the registration requirements of the act. No refunds of any fees will be made to a registrant who is forced to terminate business or move to another location because of noncompliance with local laws or ordinances in those fields not covered by the act. The enforcement of local laws and ordinances is the responsibility of the local municipality.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.12 Change of ownership, name or location

(a) If an individual owner of a registered repair shop dies or is adjudged mentally incompetent, his estate or his committee may carry on the business. Notification to the commissioner must be made within 30 days.

(b) If a certificate of registration shall be issued in the names of two or more persons as partners and a change occurs in the membership of such partnership, the certificates of registration shall not expire thereupon so long as any one of the persons named in such certificate is a member of the partnership or carries on the business of the partnership as a surviving member of the partnership; provided, however, that when any such change occurs and the certificate of registration does not expire, the partners or surviving member after such change shall forthwith file with the commissioner (1) a statement regarding the change indicating who is carrying on the business, or, where the change involves the addition of one or more new partners, (2) a new application as provided, together with a fee of $5. Such new certificate of registration shall expire on the expiration date of the one replaced. Notification to the commissioner must be made within 30 days.

(c) A corporation shall notify the commissioner of any change in its officers, stockholders who hold more than 10 percent of the outstanding shares, or directors. Notification to the commissioner must be made within 30 days.

(d) When a motor vehicle repair shop changes its location, notification thereof shall be given to the commissioner not more than 30 days therefrom.

(e) If the business name of a registered repair shop is changed, or if the owners of a registered repair shop incorporate such business, but the change of name or incorporation creates no change in the actual ownership and operation of said repair shop, notification shall be given to the commissioner not more than 30 days therefrom. The commissioner shall treat such change of name or incorporation as an amendment and charge a filing fee of $5. Any change of name or incorporation which changes the ownership or operation of a repair shop shall be considered as a new repair shop and all requirements of a new repair shop shall be met.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.13 Quality repairs, repair shop standards, subcontractors

(a) A repair shop shall perform quality repairs. Quality repairs are those repairs held by those having knowledge and expertise in the automotive field to be necessary to bring a motor vehicle to its premalfunction or predamage condition.

(b) A repair shop shall have adequate equipment, adequate facilities and personnel competent to perform the services it offers.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.14 Hearings

(a) An aggrieved party may request a hearing if an application for a certificate of registration has been denied. The request must be in writing and must be made within 30 days after the applicant is notified of such denial. Any request filed after the 30-day deadline shall not be considered.

(b)

(1) A certificate of registration may be suspended or revoked, a civil penalty imposed, or a determination of gross overcharging or gross negligence may be made, or any combination thereof, at a hearing before a hearing officer appointed by the commissioner. If the registrant does not appear at a hearing, the provisions of section 127.8 of this Title shall apply.

(2) An adjournment of a hearing may be granted in accordance with the provisions of section 127.7 of this Title.

(3) The hearing shall be held at a time and place designated by the commissioner.

(4) A record of the hearing shall be made either stenographically or by mechanical recording.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.15 Appeals

(a) An appeal from a decision of a hearing officer shall be made to the review board appointed pursuant to the act and section 82.16 of this Part. A suspension pending appearance at a hearing shall not be appealable.

(b) An appeal shall be accompanied by a nonrefundable $10 appeal filing fee. No appeal shall be deemed filed if the required fee has not been paid.

(c) An appeal must be filed on a form prescribed by the commissioner within 60 days after written notice of the determination being appealed from has been mailed to the aggrieved party. No appeal will be considered if it is not timely filed. Forms for processing an appeal may be obtained from the Division of Vehicle Safety.

(d)

(1) The appellant has the option of having the transcript of the hearing reviewed as a part of the appeal proceeding. If the appellant desires to have the transcript reviewed, he must so indicate on the appeal form and he must also submit the transcript as prescribed in this section. The transcript shall not be reviewed if the appellant fails to indicate on the appeal form that the transcript should be reviewed or if the appellant does not file the transcript in the time required by paragraph (3) of this subdivision.

(2) Transcripts can only be obtained from the agency which holds the contract for the transcription of hearings held by the Department of Motor Vehicles. The cost of such transcript, which is payable by the appellant, shall be the price for such transcripts as contained in the contract between the department and the independent contractor.

(3) A transcript will be considered to have been submitted in timely fashion if it is physically submitted to the review board, or if proof that the transcript has been ordered is submitted to the review board not later than 60 days from the date after written notice was given of the determination appealed from or 30 days after the board has mailed an acknowledgment of receipt of the appeal with instructions for ordering the transcript, whichever is later, excluding the date of determination. Proof that the transcript has been ordered shall consist of acknowledgment of receipt of such order by the contractor.

(4) If a request for review of the transcript is made and the transcript is not submitted in timely fashion in accordance with paragraph (3) of this subdivision, the appeal will be deemed untimely and will not be considered. However, upon written notice made within 45 days from the date after written notice is given of the determination appealed from, excluding the date of the determination, a request for review with a transcript can be amended to a request for review without a transcript.

(e) No personal appearances will be allowed.

(f) The submission of a written request to file an appeal shall stay the operation of the initial determination until after a review is had and a determination made by the commissioner. However, failure to timely submit such appeal and comply with the provisions of this subdivision shall remove the stay and reimpose the initial determination.

(g) Whenever the same facts give rise to a hearing, involving any other license or registration issued by the commissioner, a combined hearing may be held. If the registrant appeals only from a determination made with respect to his repair shop registration, he shall be entitled to review as provided in this Part; however, if he appeals from any determination or determinations made with respect to any other license or registration, as well as a determination with respect to his repair shop registration, the appeals procedure established in article 3-A of the Vehicle and Traffic Law shall be followed in lieu of the procedure established in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.16 Review board

(a) The commissioner shall establish a review board. Such board shall consist of persons who have engaged in the automotive repair shop business for at least five years representing the automobile repair shop industry, persons who shall be laymen having no association with the automotive repair shop industry representing consumers, and persons who are attorneys admitted to practice in this State and who have no interest in or represent as an attorney an automotive repair shop. Members of the review board shall be appointed insofar as is practical to provide for representation of different geographic areas of the State, and shall serve in no other capacity in the Department of Motor Vehicles. The number of persons appointed to such review board shall be determined by the commissioner and shall be appointed to serve at his pleasure. Three persons, one of whom shall be an automotive repair shop industry representative, one of whom shall be a consumer representative, and one of whom shall be an attorney appointed pursuant to the provisions of this subdivision, shall as a panel review each appeal from a determination of the hearing officer. Such attorney shall serve as the chairman of such panel with respect to any such review. At least two votes shall be required to take final action on each appeal.

(b) The review board shall review and determine all appeals. Such determination may be to affirm, reverse or modify the initial determination of the hearing officer or to remand the case for a further hearing to determine additional facts.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.17 Unregistered, suspended or revoked repair shops

(a) Any allegation that a person has operated a repair shop without being registered, or while the registration is suspended or revoked shall be determined by the commissioner or his designee pursuant to section 82.14 of this Part. The commissioner shall bring charges of unregistered, suspended or revoked operation within two years of the date of the alleged occurrence.

(b) Except as provided in subdivision (c) of this section, any person who operates a repair shop without being registered shall be required to pay to the people of this State a civil penalty in the sum of $1,000. However, any such person against whom such penalty has been assessed may avoid all but $500 of such penalty by obtaining a registration as required by this Part, provided that application for such registration is made not more than 10 days after the imposition of such penalty.

(c)

(1) Any person who operates a repair shop while his repair shop registration is revoked or suspended, shall pay to the people of this State a civil penalty in the sum of $1,000. Such civil penalty may not be avoided.

(2) Any person who operates a repair shop without being registered and who has previously had a civil penalty assessed for unregistered operation shall pay to the people of this State a civil penalty in the sum of $1,000. Such civil penalty may not be avoided.

(d)

(1) If it is determined that a person has operated a repair shop without being registered, such determination may be appealed to the review board established pursuant to section 82.16 of this Part. The procedure established in section 82.15 of this Part shall apply to such appeals provided that no appeal shall be accepted or determined by the review board unless the civil penalty assessed against such person has been paid as prescribed in subdivision (b) of this section.

(2) The requirement that the civil penalty be paid before an appeal can be accepted or determined by the review board shall not apply to an appeal by a repair shop from a determination made pursuant to subdivision (c) of this section.

(3) If the review board finds that the person has not been operating a repair shop without being registered, any civil penalty which has been paid shall be refunded, and if such board determines that registration as a repair shop is not required, and a registration has been obtained to avoid the civil penalty assessed, the registration shall be canceled and all fees paid for such registration shall be refunded.

(e) An award of restitution may be granted in favor of a complainant against an unregistered repair shop in the same manner and for the same reasons as if the unregistered repair shop were a registered repair shop.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.18 Insurers and repair shops

(a) The insurance company has a right to inspect the repaired motor vehicle. Such right of inspection shall also include the right to inspect all replaced parts and components thereof, except warranty or exchange parts. The exception for warranty or exchange parts from the right to inspect shall not apply to replacement inflatable restraint systems. The insurer shall also have the right to take possession of a deployed inflatable restraint system (air bag).

(b) As required by section 3411(i) of the New York State Insurance Law, a repair shop shall complete its portion of a "Certification of Automobile Repair," Insurance Department form NYS APD form 1-a, when requested to do so by an insurance company.

(c) No repair shop shall provide a form to a customer which, when signed, allows the repair shop or its employee to act as the customer's designated representative in negotiating a loss with an insurance company if the form serves a second purpose as well. Specifically, a form to act as a designated representative may not be combined with an estimate, authorization to repair or authorization to tow.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.19 Consumers and repair shops

(a) A consumer has a right to inspect his vehicle before paying for repair work. The inspection must be on the premises of the repair shop.

(b) Nothing in this Chapter shall be construed as allowing a consumer to remove his car from the premises of the repair shop before paying the bill.

(c) The consumer's right to inspect his vehicle is independent of the rights of an insurance company to inspect a vehicle.

Subchapter G Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions

Part 91 Uniform Traffic Ticket

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.1 Introduction

Section 207 of the Vehicle and Traffic Law authorizes the commissioner to prescribe the form of ticket and simplified traffic information to be used in all traffic violation cases (except parking), and to establish administrative control over the disposition thereof. Under the provisions of such section, the commissioner may require trial courts having jurisdiction of traffic cases to report as to the disposition thereof, and may limit the application of rules and regulations, promulgated to administer and enforce the provisions of section 207, so as to include or exclude specific violations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.2 Effective date

On and after the effective date of this Part, every enforcement agency and every police officer issuing tickets for traffic violations, except parking, standing or stopping, shall use a uniform traffic ticket prescribed by this Part. Any uniform traffic ticket which conformed to the regulations in effect immediately prior to September 1, 1971 may continue to be used as provided in section 91.14 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.3 Definitions

(a) Traffic violation means a violation of any of the provisions of the Vehicle and Traffic Law, any local law, ordinance or regulation, or order of the Department of Transportation, relating to traffic, except parking violations.

(b) Police officer includes any peace officer or member of the State Police who is authorized to issue summonses for traffic violations.

(c) Enforcement agency means each local police force, including county, town, city and village police departments, sheriffs, and the Division of State Police.

(d) Court includes any trial court, justice or magistrate having jurisdiction over traffic violations.

(e) Ticket means part I of the uniform traffic ticket.

(f) Packet means a complete set of all parts of a uniform traffic ticket.

(g) Uniform traffic ticket means the packet consisting of a ticket, simplified traffic information, certificate of conviction, enforcement agency copy and officer' s copy as specified in section 91.5 of this Part and in the forms prescribed in section 91.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.4 Exclusions

(a) This Part shall not apply to tickets issued within any city having a population of one million or over for offenses occurring therein.

(b) Uniform traffic tickets shall not be issued for parking, stopping or standing violations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.5 Specifications of uniform traffic ticket

Uniform traffic tickets conforming to the following specifications may be issued for traffic violations occurring prior to January 1, 1970, and must be used for traffic violations occurring on and after January 1, 1970. No variations from the prescribed specifications shall be permitted unless prior written approval is obtained from the commissioner.

(a) It shall be a multi-copy packet, with interleaved carbons, conforming to the following:

(1) Each part shall be between 4 and 41/4 inches wide and between 73/4 and 8 inches long, plus a suitable stub for binding.

(2) Each carbon shall be of sufficient size to provide reproduction of all necessary information on all copies.

(b) It shall consist of five parts. An enforcement agency may, however, request permission from the commissioner to use a uniform traffic ticket containing more or less than five parts. The commissioner may grant such a deviation in his discretion, and may prescribe specific conditions under which such a packet may be used.

(c) The paper in each part shall be 12- or 13-pound sulfite bond paper. Part V may, at the option of the enforcement agency, be on card stock.

(d) The carbons shall be one-time blue or black, for pencil use, of a quality which will provide readable copies on all parts.

(e) The various parts of the packet shall be of the colors prescribed in section 91.7 of this Part.

(f) The name of the enforcement agency must appear on the top of each part of the packet, to the left of the serial number. It may be printed thereon or, in the case of a small enforcement agency, it may be supplied by the use of a rubber stamp. On part I, such name may be black or red. On all other parts, such name may be black or a color resulting from the print or stamp on part I and the carbon interleaves.

(g) All material on each part, except where otherwise indicated, shall be printed in black.

(h) The size of type used in each part, except where a definite size is otherwise indicated, shall be approximately as shown on the forms set forth in section 91.7 of this Part.

(i) Packets may be glued or stapled in sets of 10, 25 or 50 to a book, or may be issued in single sets for use in special holders.

(j) Traffic violations bureaus.

(1) In municipalities having a traffic violations bureau established pursuant to the provisions of section 370 of the General Municipal Law, the uniform traffic ticket may include the name and location of the traffic violations bureau and the return date, in addition to information with respect to the court.

(2) In such municipalities, the ticket may require the appearance of the alleged violator either before the court or, if appropriate, in the traffic violations bureau; and in relation to the required appearance, only the applicable portions shall be completed.

(3) If the foregoing is used, appropriate information relating to the disposition of matters in the traffic violations bureau shall be placed on the reverse of, or attached to, part I of the packet.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.6 Serial number of uniform traffic ticket

(a) A serial number shall be printed in the upper right-hand corner of each part of the uniform traffic ticket, parallel to the long side of the ticket.

(b) Such number shall be printed in red or black on part I in numerals at least 3/16 of an inch in height. On the remaining parts, such number may be black or a color resulting from the print on part I and the carbon interleaves.

(d) Serial numbers on supplies of packets procured separately need not follow a continuous sequence.

Example:If the first purchase of packets by an enforcement agency is serially numbered from 1 to 1,000, it is not required that the next supply of packets procured by such agency bear serial numbers starting with 1,001. However, no serial number may duplicate the number of another ticket issued by the same agency during the previous year.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.7 Form of uniform traffic ticket

Uniform traffic tickets conforming to the specifications set forth in section 91.5 of this Part must be in the following form. No variations from the format prescribed herein shall be permitted unless prior written approval is obtained from the commissioner.

(a) Part I.

(1) Part I of the packet is the ticket, and is given to the alleged violator.

(2) It shall be printed on canary stock.

(3) The following instruction shall be printed in red, in uppercase characters, in boldface 12-point type:

"A PLEA OF GUILTY TO THIS CHARGE IS EQUIVALENT TO A CONVICTION AFTER TRIAL. IF YOU ARE CONVICTED, NOT ONLY WILL YOU BE LIABLE TO A PENALTY, BUT IN ADDITION YOUR LICENSE TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE, AND YOUR CERTIFICATE OF REGISTRATION, IF ANY, ARE SUBJECT TO SUSPENSION AND REVOCATION AS PRESCRIBED BY LAW."

(4) The reverse side of this part shall contain the form prescribed by the commissioner to be used in disposing of certain traffic infractions by mail, and may at the option of the enforcement agency contain information with respect to schedules of fines and other information applying to a specific local area.

(5) It shall be printed in substantially the following form:

(i) Front.

Image

(ii) Reverse.

Image

(b) Part II.

(1) Part II of the packet is the simplified traffic information, and after having been verified or affirmed by the officer is delivered to the court in which the alleged violator is notified to appear.

(2) It shall be printed on salmon stock.

(3) It shall be printed in substantially the following form*:

Image

(i) Front.

Image

(ii) Reverse.

Image

(d) Part IV.

(1) Part IV of the packet is the enforcement agency copy and is delivered by the police officer to the court in which the alleged violator is notified to appear.

(2) It shall be printed on blue stock.

(3) It shall be printed in substantially the following form*:

Image

(e) Part V.

(1) Part V of the packet is the officer's copy and is retained by the police officer or the enforcement agency.

(2) It shall be printed on green stock.

(3) Report of action and officer's notes shall be printed on the reverse of this part. The amount of space provided for this purpose is optional with the enforcement agency. Additional information may be printed on the reverse of this part at the option of the enforcement agency.

(4) It shall be printed in substantially the following form [FN1]:

(i) Front.

Image

(ii) Reverse.

Image

[FN1] All material printed on the front of part I in accordance with footnotes 1-5 also be printed on part V.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.8 Printers' reports for uniform traffic ticket

Each printer who supplies uniform traffic tickets to any enforcement agency shall make a report thereof to the commissioner at Albany, New York, within five days after shipment supplying the following information:

(a) name and address of enforcement agency;

(b) first and last serial numbers of packets;

(d) a statement as to the size and face of type used in printing the warning required to appear in red on part I;

(e) date of shipment or delivery.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.9 Enforcement agency uniform traffic ticket supply

(a) Each enforcement agency using uniform traffic tickets must secure and maintain, at its own expense, adequate supplies of same and shall maintain adequate facilities for the secure storage thereof.

(b) Each agency shall be responsible for the assignment of packets to police officers under its jurisdiction.

(c) Packets shall be assigned to police officers in consecutive series and the agency shall retain a control record of all issued tickets.

(d) Each agency shall submit to the commissioner a printer's proof of all parts of the proposed packet to be used by such agency. No such uniform traffic ticket shall be used unless notification of approval of the packet is received from the commissioner. Whenever an enforcement agency has received approval of a uniform traffic ticket, approval of future supplies of such uniform traffic tickets shall not be required unless there is a change from the format previously approved.

(e) Each agency shall submit to the commissioner, after securing each separate supply of uniform traffic tickets, one complete sample packet, marked "VOID".

(f) The requirement for submission of a printer's proof contained in subdivision (d) of this section may be waived provided that (1) the pre-printed format has been submitted by the printer and approved for use by the commissioner, and (2) the agency submits to the commissioner a copy of the additional information which is to be added to such format.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.10 Enforcement agency procedures and reports for uniform traffic ticket

(a) The agency shall maintain a file of part IV of each uniform traffic ticket issued by a police officer under its jurisdiction when received from the court.

(b) Within 45 days following June 30 and December 31, the agency shall forward to the commissioner, on a form prescribed and provided by him, a summary report as to the status of all uniform traffic tickets issued by the police officers under the jurisdiction of such agency during the six-month period prior to the above dates.

(c) Where a report contains a notation as to a lost ticket, or packet, a report must be prepared by the police officer who lost the ticket, or packet, after it had been assigned to him, which report shall be retained by the police agency.

(d) A duplicate copy of each such report and the enforcement agency copy of each packet for which disposition is recorded shall be retained and be available for inspection by the commissioner for a period of two years from the date of the report upon which such disposition is reported. The Division of State Police shall retain the disposition record copy rather than the enforcement agency copy for the specified period of time.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.11 Police officer procedure for uniform traffic ticket

(a) When an alleged traffic violator is issued a uniform traffic ticket, the police officer shall sign or print his name on part I of the packet and deliver same to the alleged violator, shall swear to part II before a person authorized to administer the necessary oath or affirm the complaint under penalty of perjury, and shall deliver parts II, III and IV to the court in which the alleged violator is notified to appear. He shall retain part V for his own records, or deliver it to the enforcement agency depending upon the procedure adopted by the enforcement agency.

(b) If a ticket, or packet, is mutilated or voided, the police officer to whom it has been assigned shall return all parts of the packet thereof to the enforcement agency which assigned the same to him.

(c) If a ticket, or packet, is lost, the police officer who lost the same shall file with the enforcement agency a report, in duplicate, as to the loss of such ticket, or packet, together with any remaining parts of the packet in the event only part of the packet has been lost.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.12 Court procedure for uniform traffic ticket

When a traffic violation matter, for which a uniform traffic ticket has been issued, has been disposed of, the court shall indicate the disposition of the matter on part IV of the uniform traffic ticket, and shall deliver the same to the enforcement agency whose name appears thereon. Whenever a traffic violation matter, for which a uniform traffic ticket has been issued, results in a forfeiture of bail or a conviction, the court shall indicate such disposition on part III of the uniform traffic ticket, and shall, after completing the reverse of such part, deliver that part to the Department of Motor Vehicles, Albany, New York.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.13 Modification of procedures

The commissioner may, upon written request of a police agency, in his discretion, by written authorization modify any of the procedures established in sections 91.10 through 91.12 of this Part for that particular police agency.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.14 Continuation of certain uniform traffic tickets

(a) An enforcement agency may continue to use any uniform traffic tickets which it has on hand or on order until such supply of tickets is exhausted provided such uniform traffic tickets conform to regulations which were in effect on August 31, 1971. It is suggested that any such tickets which are issued on and after September 1, 1971 be modified by writing or stamping the words People of the State of New York v. (Defendant) on part II of the packet or on part I so that the same language appears in carbon on part II. It is suggested that this language be placed at the top of the ticket if there is room, or if not, in any other area where it is readable.

(b) All references to sections of the Code of Criminal Procedure which appear on the reverse of part III of the packet are deemed to be references to the appropriate sections of the Vehicle and Traffic Law as amended by chapter 545 of the Laws of 1971.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.15 Traffic safety law enforcement and disposition (tsleandd) system

Sections 91.1 through 91.14 of this Part shall not apply in the TSLE&D area to tickets issued on and after the effective date of entry of any particular county or geographical location into the TSLE&D System. The effective date of entry into the TSLE&D System shall be as follows:

(a) July 1, 1984--The Counties of Cayuga, Chemung, Livingston, Monroe (except the City of Rochester), Ontario, Schuyler, Seneca, Steuben, Wayne and Yates.

(b) November 1, 1984--The Counties of Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga and Oswego, and the Villages of Earlville in Chenango County and Dolgeville in Fulton County.

(d) June 1, 1985--The Counties of Allegany, Cattaraugus, Chautauqua, Erie (except the City of Buffalo), Genesee, Niagara, Orleans and Wyoming.

(e) October 1, 1985--The Counties of Albany, Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Warren and Washington.

(f) February 1, 1986--The Counties of Columbia, Dutchess, Greene, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester.

(g) June 1, 1986--The Counties of Nassau and Suffolk (except those parts of Suffolk for which a district court has been established).

(h) July 1, 1988--The Cities of Buffalo and Rochester.

(i) August 1, 2000--The portion of Suffolk County for which a district court has been established.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.16 Uniform traffic ticket (tsleandd area)

(a) The commissioner shall issue uniform traffic tickets to all enforcement agencies in the TSLE&D area. Such tickets shall be the only traffic tickets to be used for arrests for, and adjudication of, traffic violations in the TSLE&D area. Except as provided in subdivision (b) of this section, each ticket packet shall consist of six parts, as follows:

(1) Part I (UT 3.3)--Simplified Traffic Information.

(2) Part II (UT 3.4)--Certificate Concerning Violation of Law Relating to Vehicles.

(3) Part III (UT 3.5)--Uniform Traffic Ticket.

(4) Part IV (UT 3.6)--Arrest Record.

(5) Part V (UT 3.7)--Enforcement Agency Copy.

(6) Part VI (UT 3.8)--Officer's Copy.

(b) Each ticket packet used in the Cities of Buffalo and Rochester shall consist of six parts as follows:

(1) Part I (UT 1.3)--Simplified Traffic Information.

(2) Part II (UT 1.4)--Certificate Concerning Violation of Law Relating to Vehicles.

(3) Part III (UT 1.5)--Traffic Ticket.

(4) Part IV (UT 1.6)--Arrest Record.

(5) Part V (UT 1.7)--Uniform Traffic Ticket.

(6) Part VI (UT 1.8)--Officer's Copy.

(c) The ticket packet provided in subdivision (b) of this section may also be used in the Counties of Erie and Monroe by any police agency which has jurisdiction in either county and also in the Cities of Buffalo and/or Rochester and, other than a county within the City of New York by any member of the State Police assigned to a State Police station located in Erie, Monroe or Suffolk County.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.17 Enforcement agency procedure for uniform traffic ticket (tsleand d area)

(a) Upon receipt of a quantity of uniform traffic tickets from the Department of Motor Vehicles, the enforcement agency shall inspect each box of tickets to insure that all assigned tickets are accounted for. Following this inspection, the agency shall forward the ticket receipt to its data entry location. A list of missing, mutilated or duplicate tickets must also be submitted to the data entry location.

(b) Each bound book of uniform traffic tickets shall be assigned by the agency to an individual police officer. The police officer shall inspect each book and complete the Receipt for Uniform Traffic Tickets (UT 1.2 or UT 3.2, whichever is appropriate), which shall be submitted to the appropriate office within the agency.

(c) The police agency's traffic ticket coordinator shall complete a "Report of Lost or Voided Tickets" and submit same to the appropriate location at such intervals and in such manner as the commissioner may determine.

(d) Upon the issuance of a uniform traffic ticket by a police officer, and the return of the completed part IV to the enforcement agency (see section 91.18 of this Part), the enforcement agency shall submit part IV to its data entry location, at such intervals and in such manner as the commissioner may determine.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.18 Police officer procedure for uniform traffic ticket (tsleand d area)

When an alleged traffic violator is issued a uniform traffic ticket, the police officer shall sign and print his name on part I of the packet. Such signature constitutes the affirmation of the information under penalty of perjury. The officer shall deliver part III or part V, whichever is appropriate, to the alleged violator, and shall deliver parts I and II, with carbon still in place, to the court or traffic violations bureau in which the alleged violator is notified to appear. He shall deliver parts IV and V (or, in the Cities of Buffalo and Rochester, part IV alone) to the enforcement agency, and retain part VI for his own records.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.19 Court procedure for uniform traffic ticket (tsleandd area)

When a traffic violation matter, for which a uniform traffic ticket has been issued, has been disposed of, the court shall complete parts I and II of the uniform traffic ticket. Part I should be retained by the court, and may be used as the court's docket. Part II should be forwarded by the court to its assigned data entry location, in the manner prescribed by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.20 Continuation of procedures

For uniform traffic tickets issued prior to the effective date of entry into the TSLE&D System, but disposed of subsequent to that date, courts shall adhere to the procedures in effect at the time the ticket was issued.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.21 Electronic ticketing

(a) In lieu of issuing uniform traffic tickets to enforcement agencies, as provided in section 91.16 of this Part, the commissioner may authorize law enforcement agencies to print any or all parts of the ticket packet and/or to transfer the information contained thereon electronically. Such printing and/or transfer of information shall be authorized in all areas of the State of New York.

(b) Authorization to print any or all parts of the ticket packet and/or transfer information electronically shall not preclude any police agency from using paper ticket packets issued as provided in section 91.16 of this Part. Upon the issuance of any such ticket, the procedures set forth in section 91.17 of this Part shall be applicable.

(c) The format of ticket issued in an electronic form must conform substantially to a paper ticket approved for use in the same geographic area of the State, as prescribed by this Part. In addition, each ticket must have a unique and sequential identifying number assigned or approved by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 91.22 Electronic reporting of dispositions and scofflaws

(a) In lieu of reporting dispositions to the commissioner, as provided in section 91.19 of this Part, the commissioner may authorize courts to transfer dispositions electronically. In addition, the commissioner may authorize the transfer of scofflaw reports to the commissioner electronically. A scofflaw report is a report prepared by a court that informs the commissioner of motorists who have failed to appear to answer a traffic summons, or if after answering such summons, have failed to pay a fine or surcharge.

(b) Authorization to transfer dispositions and scofflaw reports electronically shall not preclude any court from transferring such dispositions and reports using paper dispositions and reports.

Part 92 Form Of Waiver Under Section 1805, Vehicle And Traffic Law

N.Y. Comp. Codes R. & Regs. Tit. 15 § 92.2 Exceptions

The forms of waiver provided in section 91.7(a)(5)(ii) of this Title may be used in lieu of the above form provided such form of waiver is printed on the reverse of a uniform traffic ticket issued to the defendant for the violation for which a plea of guilty by mail is being made.

Part 93 Certifying And Recording Convictions

N.Y. Comp. Codes R. & Regs. Tit. 15 § 93.1 Convictions exempted from the requirement of certification of conviction to the commissioner

(a) Subdivision 6 of section 514 of the Vehicle and Traffic Law provides that the commissioner may exempt the courts from certifying certain convictions for specific violations of the Vehicle and Traffic Law or of local laws, ordinances, rules or regulations in relation to traffic to the commissioner.

(b) The following convictions shall not be certified to the commissioner:

(1) Any conviction involving the operation, registration or equipment of a snowmobile or a motorboat.

Subchapter H Classification Of Vehicles And Regulation Of Nonvehicular Devices

Part 101 Special Classification Of Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 101.1 Three-wheel vehicles

Pursuant to the authority contained in section 218 of the Vehicle and Traffic Law, it has been determined that three-wheel motorcycles, equipped with a cab enclosing the occupant or occupants and a seat or seats similar to the seats of a passenger vehicle or truck, have particular characteristics which make compliance with certain provisions of the Vehicle and Traffic Law and these regulations relating to motorcycle and motorcycle operator and passenger equipment inappropriate. Therefore, such vehicles and occupants thereof are exempted from the provisions relating to such equipment in the following respects:

(a) The operator or passenger shall not be required to wear a protective helmet.

(b) The operator shall not be required to wear goggles if the windshield of such vehicle is equipped with visual material which meets standard Z26.1--1966 (for motorcycle use) of the American Standards Association, Inc.

(c) The motorcycle need not be equipped with a rear view mirror attached to the handlebars or grips if such vehicle is equipped on the left side with a rear view mirror which is adjusted to give the operator a clear and full view of the road and condition of traffic behind such vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 101.2 Insert bodies

(a) Nonarticulated insert camper bodies. A camper body which is inserted upon, and is integrally attached to a truck in a nonarticulating manner whether or not the body is partially supported by an attached additional axle shall be deemed to be a part of the truck, and shall not be deemed to be a separate vehicle.

(1) Registration. Such a camper body shall not be separately registered. The motor vehicle may be registered as an auto truck, under the provisions of section 401 (7)(B)(1) of the Vehicle and Traffic Law, or as a house coach under the provisions of section 401 (6) of the Vehicle and Traffic Law. If registered as an auto truck, the maximum gross weight shall include the weight of the camper body and such registration shall be valid for operation of the motor vehicle with or without the camper body attached. If registered as a house coach, the registration shall be valid only for operation with the camper body attached.

(2) Display of rear number plate. The rear number plate shall be attached to the vehicle or camper body so that such plate is plainly visible from the rear while the vehicle is being operated.

(3) Lighting equipment. A vehicle with such a camper body attached shall be equipped in accordance with the lighting requirements of section 376 of the Vehicle and Traffic Law.

(b) Articulated insert bodies. An insert body which rests partially upon its own axle or axles and partially upon the chassis or frame of a truck, and which is attached to such truck in an articulating manner by means of a fifth wheel or similar device attached to the carrying compartment of the truck shall be deemed to be a full trailer and not a semi-trailer for registration and licensing purposes, and the truck to which such body is attached shall not be deemed to be a tractor solely because of its use with such body.

(1) Registration. Such an articulated body shall be registered in the same manner as a house coach trailer if such body is used for camping or as a living abode, and shall be registered in the same manner as a full trailer, if used for any other purpose. The motor vehicle used in conjunction with such body shall be registered in its ordinary classification, disregarding its use with the insert body. The weight of insert body shall not be considered a part of the maximum gross weight of the hauling vehicle.

(2) Riding in articulated insert camper bodies. Because of the different and more substantial method of attachment between the hauling vehicle and the articulated camper body, such camper body, pursuant to the authority contained in section 218 of the Vehicle and Traffic Law, shall not be classified as a house coach trailer for the purposes of section 1228 of the Vehicle and Traffic Law, and such camper bodies, therefore, may be occupied while being hauled on the public highways.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 101.3 Three-wheeled limited use motorcycles

Any three-wheeled limited use motorcycle may be sold, registered and operated with an enclosure for the operator if an unenclosed model of the limited use motorcycle has been certified and approved for registration pursuant to Part 102 of this Subchapter.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 101.4 Bulk agricultural commodity implements

(a) For the purposes of this section, a bulk agricultural commodity implement shall mean a piece of farm equipment such as a bulk dry fertilizer spreader, gravity box, hay wagon or forage wagon that is specifically designed for and carrying nonhazardous bulk agricultural commodities. For the purposes of this section, livestock shall not be considered a bulk agricultural commodity.

(b) A bulk agricultural commodity implement being towed by a validly registered, inspected and insured truck shall not be classified as a trailer pursuant to Vehicle and Traffic Law, section 156, provided such implement is equipped and operated as set forth in this section, and provided further that the relationship between the size of the truck and such implement falls within one of the following categories:

(1) For trucks with a manufacturer's rated carrying capacity from one-half ton up to three- quarter ton, the gross weight of the bulk agricultural implement shall not exceed the manufacturer's gross vehicle weight rating (GVWR) of the truck.

(2) For trucks with a manufacturer's rated carrying capacity of three-quarter ton or greater, the gross weight of the bulk agricultural implement shall not exceed 150 percent of the GVWR of the truck.

(c) Width restriction provisions contained in Vehicle and Traffic Law, section 385(1) shall apply to bulk agricultural implements.

(d) In no event shall the combined gross vehicle weight of the truck and bulk agricultural implement exceed 26,000 pounds combined gross vehicle weight rating.

(e) The implement shall not exceed the manufacturer's gross axle or the tire ratings.

(f) Every combination of motor vehicle and bulk agricultural commodity implement as defined in subdivision (b) of this section shall be exempt from the brake standards of sections 41.1 and 41.2 of this Title.

(g) A bulk agricultural implement towed by a truck meeting the requirements of this subdivision may only be operated on a public highway if:

(1) it is being operated from sunrise to sunset; and

(2) it does not exceed a speed of more than 25 miles per hour; and

(3) the implement exhibits an official slow-moving vehicle emblem as provided in section 68.8 of this Title; and

(4) it is within a 50-mile radius of the address on the truck's registration or, it is within 50 miles of the dealership leasing the bulk agricultural implement; and

(5) it shall utilize a hitch pin manufactured for such purpose and equipped with a safety pin to prevent disengagement under normal operating conditions, or, it shall utilize safety chains between the truck and the bulk agricultural commodity implement in accordance with 49 CFR 393.70(d) (October 1, 1995); and

(6) it is not being operated on an interstate or controlled access highway; and

(7) it is not being driven at any time when highway visibility is less than 1,000 feet.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 101.5 Authorized emergency vehicle

Notwithstanding any other provision of law, an authorized emergency vehicle shall include any motor vehicle owned or operated by the heads of Division of Homeland Security & Emergency Services (DHSES), Department of Transportation (DOT), and Department of Environmental Conservation (DEC), as well as Secretary to the Governor, Director of State Operations, Governor, and Lieutenant Governor. Any such vehicle may have affixed thereto and displayed thereon colored lighting as provided in subdivision 41 of Section 375 of the Vehicle and Traffic Law, and, when engaged in an emergency opera- tion, the operator of such vehicle shall have all of the rights and privileges granted an authorized emergency vehicle pursuant to Section 1104 of such law

History

Adopted New York State Register July 8, 2015/Volume XXXVII, Issue 27, eff. 7/8/2015

Part 102 Limited Use Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.1 Introduction

Article 48-A of the Vehicle and Traffic Law provides for the control and use of motor vehicles which would be subject to registration under subdivision (6) of section 401 or 410 of the Vehicle and Traffic Law (passenger automobiles and motorcycles, respectively), but which have a maximum speed capability of not more than 40 miles per hour. Article 48-A of the Vehicle and Traffic Law provides that all of the provisions of the Vehicle and Traffic Law apply to such vehicles, which are called limited use vehicles, unless such law or regulations promulgated thereunder provide otherwise. That article and this Part specify those provisions of the Vehicle and Traffic Law which do not apply, or have been altered or modified in their application to limited use vehicles. Any provision of the Vehicle and Traffic Law which is not made inapplicable or is not modified or altered by such article or this Part is applicable to a limited use vehicle as if such limited use vehicle was a passenger automobile or a motorcycle registered pursuant to subdivision (6) of section 401 or section 410 of the Vehicle and Traffic Law respectively.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.2 Registration and titling

(a) General. A limited use automobile is required to be titled in accordance with the provisions of article 46 of the Vehicle and Traffic Law and Part 20 of this Title. A limited use motorcycle is exempt from such titling requirements. In order to be operated on a public highway in this State, a limited use vehicle must be registered with the Department of Motor Vehicles.

(b) Registration categories.

(1) Limited use automobile. A motor vehicle with a maximum performance speed of not more than 40 miles per hour which would be subject to registration pursuant to subdivision (6) of section 401 of the Vehicle and Traffic Law (passenger automobile) must be registered as a limited use automobile in order to be operated on any public highway in this State.

(2) Class A limited use motorcycle. A motor vehicle with a maximum performance speed of more than 30 but not more than 40 miles per hour which would be subject to registration pursuant to section 410 of the Vehicle and Traffic Law (motorcycle) must be registered as a class A limited use motorcycle in order to be operated on any public highway in this State.

(3) Class B limited use motorcycle. A motor vehicle with a maximum performance speed of more than 20, but not more than 30 miles per hour which would be subject to registration pursuant to section 410 of the Vehicle and Traffic Law (motorcycle) must be registered as a class B limited use motorcycle in order to be operated on any public highway in this State. Such registration shall only permit the operation of such a vehicle on a public highway in the right- hand lane available for traffic or upon a usable shoulder on the right side of the highway. The limitation with respect to operation in the right-hand lane or upon a usable shoulder shall not apply when preparing for a left turn at an intersection or into or from a private road or driveway.

(4) Class C limited use motorcycle. A motor vehicle with a maximum performance speed of not more than 20 miles per hour which would be subject to registration pursuant to section 410 of the Vehicle and Traffic Law (motorcycle) must be registered as a class C limited use motorcycle in order to be operated on any public highway in this State. Such registration shall only permit the operation of such a vehicle on a public highway in the right-hand lane available for traffic or upon a usable shoulder on the right side of the highway. The limitation with respect to operation in the right-hand lane or upon a usable shoulder shall not apply when preparing for a left turn at an intersection or into or from a private road or driveway.

(1) All requirements of the Vehicle and Traffic Law, the regulations of the Commissioner of Motor Vehicles and procedures established thereunder with respect to the registration and titling of passenger automobiles and the registration of motorcycles shall apply to the registration and titling of limited use automobiles and the registration of limited use motorcycles respectively, except as otherwise provided in this Part. These requirements and procedures include, among other things: registration application procedures; required proof of ownership; sales tax procedures; insurance, inspection and equipment requirements; and display of number plates.

(2) Repealed and Reserved.

(3) An application for registration of a class C limited use motorcycle with a maximum performance speed of not more than 17 miles per hour which was sold prior to October 1, 1977 by a person engaged in the business of selling such vehicles who was not registered as a dealer at the time of such sale, may be supported by a completed statement of sale made on a form prescribed or furnished by the commissioner. Such statement shall contain the name and address of the seller, the name and address of the purchaser, the date of sale, a complete description of the vehicle, including the vehicle identification number, the maximum performance speed at the time of the sale, the dealer's sales tax number and a statement that the proper sales tax was or was not paid. The form shall have a printed statement that false statements made therein are punishable pursuant to section 210.45 of the Penal Law. The form must be signed by the seller and the purchaser. If the seller was registered at the time of sale as a dealer, he may issue an MV-50 supported by a manufacturer's statement of origin or he may use the above form.

(4) An office supervisor may, in his discretion, waive any specific requirement as to required proof of ownership in an appropriate situation and may in lieu thereof accept an affidavit or affidavits from the purchaser and/or any other parties he may deem necessary. (Examples, an affidavit or affidavits may be accepted when a limited use motorcycle was purchased out-of-State and such State did not require ownership documents upon sale, or, in a situation in which the selling dealer is no longer in business.)

(5) If a limited use motorcycle registration application is supported by documents which indicate a maximum performance speed other than that certified by the manufacturer for that model or sub-model, the limited use motorcycle will be registered in accordance with the next highest maximum performance speed certified by the manufacturer.

History

Amended New York State Register January 22, 2025/Volume XLVII, Issue 03, eff. 1/22/2025

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.3 Inspection and insurance

(a) Inspection. The provisions of article 5 of the Vehicle and Traffic Law relating to the periodic inspection of motor vehicles, and regulations promulgated thereunder apply to limited use vehicles except that class B and class C limited use motorcycles are not subject to such provisions of the Vehicle and Traffic Law and regulations promulgated thereunder.

(b) Insurance.

(1) The provisions of articles 6, 7 and 8 of the Vehicle and Traffic Law relating to insurance shall be applicable to limited use vehicles, except that the provisions of article 6 (the Motor Vehicle Financial Security Act) shall not apply to class C limited use motorcycles.

(2) Any limited use vehicle, including a class C limited use motorcycle, which will be rented to others will be required to submit proof of insurance upon registration and will be required to be continuously insured in accordance with section 370 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.4 Equipment

(a) Vehicular equipment.

(1) A limited use automobile is required to be equipped in the same manner as a motor vehicle registered pursuant to subdivision (6) of section 401 of the Vehicle and Traffic Law (passenger automobile).

(2) A class A limited use motorcycle is required to be equipped in the same manner as a motor vehicle registered pursuant to section 410 of the Vehicle and Traffic Law (motorcycle).

(3) A class B and a class C limited use motorcycle is required to be equipped in the same manner as a motor vehicle registered pursuant to section 410 of the Vehicle and Traffic Law (motorcycle), except that with respect to lighting equipment, such a vehicle shall not be required to meet the requirements for a vehicle registered pursuant to section 410 of the Vehicle and Traffic Law provided that such vehicle meets the lighting requirements for such vehicles as set forth in Federal standard 49FR571.108.

(b) Rider equipment. The requirements of section 381 of the Vehicle and Traffic Law with respect to protective helmets, goggles and face shields shall apply to a person riding upon a class A or class B limited use motorcycle. Such requirements shall not apply to a person riding upon a class C limited use motorcycle.

(c) Lights-on requirement. The requirements of subdivision (1) of section 381 of the Vehicle and Traffic Law relating to the display of lighted lamps whenever a motorcycle is operated on the public highways of this State, including daylight hours, applies to the operation of limited use motorcycles.

(d) Seat or saddle height. A two-wheeled limited use motorcycle must have a seat or saddle at least 25 inches (63.5 centimeters) above the ground. If the seat or saddle is adjustable, the measurement shall be made with the seat or saddle in its lowest position.

History

Amended New York State Register October 21, 2020/Volume XLII, Issue 42, eff. 10/21/2020

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.5 Sale and repair of limited use vehicles

(a) Any person engaged in the business of selling limited use vehicles is required to be registered as a dealer in accordance with section 415 of the Vehicle and Traffic Law, and is subject to Part 78 of this Title relating to dealers and transporters. A limited use vehicle shall be considered a motor vehicle in all respects in determining whether registration as a dealer is required.

(b) A person who is registered as a dealer pursuant to section 415 of the Vehicle and Traffic Law, if he wishes to engage in the business of selling limited use vehicles, may apply for the issuance of appropriate limited use vehicle dealer plates. A limited use vehicle may be operated on the public highway with dealer plates only when dealer plates appropriate for the specific type of limited use vehicle being demonstrated are properly affixed to such vehicle.

(c) A manufacturer of limited use vehicles, as defined in paragraph (2) of subdivision (a) of section 102.8 of this Part, who is also a limited use vehicle dealer and who is named as manufacturer or first assignee on the manufacturer's statement of origin, shall not be required to use a certificate of sale (form MV-50) in transferring the ownership of a vehicle described on such manufacturer's statement of origin to another registered dealer. The transfer of ownership may be made on the next assignment on the manufacturer's statement of origin. A vehicle so transferred shall not be required to be entered in the dealer's book of registry, but a record of acquisition and transfer must be maintained. A transfer of ownership to any person, other than a registered dealer, shall be made on a certificate of sale (form MV-50) and shall be supported by the manufacturer's statement of origin.

(d) The provisions of article 12-A of the Vehicle and Traffic Law and Part 82 of this Title, relating to motor vehicle repair shops, apply to any person engaged in the business of repairing or diagnosing limited use automobile malfunctions for compensation. The provisions of article 12-A of the Vehicle and Traffic Law and Part 82 of this Title do not apply to any person engaged in the business of repairing or diagnosing limited use motorcycle malfunctions for compensation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.6 Licensing

(a) Section 2266 of the Vehicle and Traffic Law provides for the licensing of operators of limited use vehicles. Parts 1, 3 and 4 of this Title set forth, among other things, the specific requirements and procedures applicable to the operation of limited use vehicles by class DJ and class MJ licensees (Part 1), licensees generally (Part 3) and the holders of learners' permits (Part 4), and those regulations together with the provisions of article 19 and section 2266 of the Vehicle and Traffic Law govern the operation of limited use vehicles with respect to licensing.

(b) The following paragraphs of this subdivision are intended as a summary of the most pertinent provisions of Parts 1, 3 and 4 of this Title as they apply to the operation of limited use vehicles:

(1) A class DJ, D, E, C, B or A license is needed to operate a limited use automobile.

(2) A class M or class MJ license is necessary to operate a class A limited use motorcycle.

(3) A class MJ, M, DJ, D, E, C, B or A license is necessary to operate a class B or class C limited use motorcycle.

(4) A class DJ or class MJ licensee operating a limited use motorcycle is subject to all restrictions applicable to class DJ or class MJ licensees except that operation between the hours of 5 a.m. and 9 p.m. in New York City and Nassau County is permitted.

(5) A learner's permit for a class MJ, M, DJ, D, E, C, B or A license is necessary for a learner to operate a class B or class C limited use motorcycle. A learner's permit for a class MJ or class M license is necessary for a learner to operate a class A limited use motorcycle.

(6) A learner's permit for a class DJ, D, E, C, B or A license is necessary for a learner to operate a limited use automobile.

(7) Class D, DJ, M and MJ licenses may be limited to the operation of certain classes of vehicles based upon the road test which was taken at the time the license was obtained. Any license which is so limited may only be used to operate the type of vehicle contained in the limitation. However, the holder of a class M or class MJ license or learner's permit which is limited to the operation of a class A limited use motorcycle may also operate a class B or class C limited use motorcycle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.7 Restrictions on the use of limited use vehicles

(a) A limited use vehicle may not be operated on any controlled-access highway other than a bridge or tunnel or other portion of such highway on which signs are in place permitting operation.

(b) A limited use vehicle may not be operated on any highway that has been posted to exclude or prohibit such vehicles, or in violation of any prohibition or limitation or use for which appropriate notice has been given.

(c) Except when preparing for a left turn at an intersection or into or from a private driveway, a class B or class C limited use motorcycle may only be operated in the right-hand land available for traffic or upon a usable shoulder on the right side of the highway.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.8 Manufacturer's responsibility and certification

(a) Definitions:

(1) Producer. An entity which actually fabricates or makes limited use vehicles.

(2) Manufacturer. A producer of limited use vehicles, or a distributor, importer, subsidiary of the producer or similar entity designated by the producer and approved by the commissioner as the agent of the producer and approved by the commissioner as the agent of the producer for the purpose of complying with the requirements of this Part.

(3) Manufacturer's statement of origin. A document issued by a manufacturer, the form and content of which is approved by the commissioner, which identifies a specific limited use vehicle, including the maximum performance and identifying year, and which is used by the manufacturer to initially transfer that limited use vehicle.

(4) Model. The name under which a series of limited use vehicles is advertised and sold. A model may contain a number of sub-models, and a model may or may not be different than a trade name.

(5) Sub-model. If a model is manufactured with different maximum performance speeds, limited use vehicles in each different maximum performance speed category shall be a sub-model. Each maximum performance speed creates a different sub-model which must be certified separately.

Example:Klubnik Motors located in Lalala Republic creates Zippy limited use motorcycles which are imported into New York by Moiety Importing Corp. Moiety modifies Zippy limited use motorcycles so that some have a maximum performance speed of 29 m.p.h., some have a maximum performance speed of 24 m.p.h. and some have a maximum performance speed of 19 m.p.h.. Moiety creates the statements or origin. Moiety advertises all Zippy limited use motorcycles as Vizzies. Klubnik Motors designated Moiety Importing Corp. as its agent for complying with New York laws and regulations. Klubnik Motors is the producer. Moiety Importing Corp. is the manufacturer. Zippy is the trade name. Vizzie is the model. Zippy Vizzie with maximum performance speed of 29 m.p.h is one sub-model. Zippy Vizzie with maximum performance speed of 24 m.p.h is a second sub-model. Zippy Vizzie with maximum performance speed of 19 m.p.h is a third sub-model.

(6) Time of manufacture. The time at which the maximum performance speed of a limited use vehicle is established by the manufacturer.

(7) Trade name. The name used by the producer to identify its limited use vehicles, regardless of model.

(8) Identifying year. The calendar year used by the manufacturer to designate the year classification of the limited use vehicle. Such year may be the time of manufacture or it may be the time at which the manufacturer's statement of origin is issued.

(b) Certification.

(1) No limited use vehicle will be registered (or titled, if required) unless a certification of the maximum performance speed of that model (or sub-model, if applicable) limited use vehicle has been filed with the commissioner by the manufacturer and approved by the commissioner. The type of registration issued to a limited use vehicle shall be established by the commissioner based upon a certification submitted and approved for the model (or sub-model, if applicable) limited use vehicle.

(2) A manufacturer's certification may be based upon tests conducted with a production line vehicle either by the manufacturer or an independent testing laboratory. The commissioner may require additional testing by a third party approved by the commissioner in any case in which the manufacturer's certification is based upon tests conducted by the manufacturer, or for the purpose of confirming the validity of a prior certification. All expenses of testing shall be borne by the manufacturer.

(3) Certification submitted by the manufacturer shall contain the following information: name and address of the producer (and manufacturer, if different than the producer); the trade name, model (and sub-model, if applicable), identifying years covered by the certification; the unladen weight of the vehicle, the brake horsepower and displacement of the engine or motor, a description and explanation of the vehicle identification numbers to be assigned by the manufacturer to units of the model (or sub-model, if applicable) tested, including the location of such number on the frame; and a description (name and model number) of all equipment on such vehicle which is required for such vehicle to be in compliance with the requirements of the Vehicle and Traffic Law and this Part. The certification must also contain a statement that the vehicle tested meets all requirements of the Vehicle and Traffic Law and this Part, and with respect to limited use motorcycles, a statement that the seat or saddle for the operator is at least 25 inches above the ground. If the seat or saddle is adjustable, that certification shall apply to the seat or saddle in its lowest position.

(4) The certification shall contain a full description of the test procedures used and shall state the maximum speed attained within one quarter mile from a standing start and the average speed of the vehicle for the next ensuing mile. The certification must contain a statement that the vehicle tested is representative of vehicles of that model (or sub-model, if applicable) as manufactured for sale in this State. In addition, a completed sample of the manufacturer's statement of origin to be used for the model (or sub-model, if applicable), must be submitted for approval with the certification. The certification shall be signed by the person who conducted the test who must vouch for its accuracy.

(5) The certification should be submitted to the Bureau of Technical Assessment, Division of Vehicle Safety, Department of Motor Vehicles, Empire State Plaza, Albany, New York 12228.

(c) Required testing for certification. The rest required for certification may be performed either by means of a road test or by means of suitable testing equipment which will simulate road test conditions. The following procedures shall be used:

(1) The test shall be conducted on a hard, dry surface having a skid number (hardness) of 50 or less and a zero percent grade with a wind velocity of no more than five miles per hour.

(2) When testing the vehicle it shall be equipped as required for sale in this State, and the head lamps and tail lamps shall be lit throughout the test.

(3) The vehicle shall be tested under a load of 150 pounds, not including equipment, in or on the operator's position, and with the engine operating at maximum output.

(d) Vehicle identification number. The vehicle identification number assigned to a limited use motor vehicle must be unique for each limited use vehicle and must be embossed or engraved upon the frame of each limited use motorcycle and affixed to a limited use automobile in accordance with Federal standards. The number of characters of the vehicle identification number must be in accordance with Federal standards.

(e) Establishment of maximum performance speed. If the certification submitted by the manufacturer is acceptable to the commissioner, the maximum performance speed of the model (or sub-model, if applicable) so certified will be based upon the average speed of the model (or sub-model, if applicable) tested for the one mile distance after the one-quarter mile acceleration distance. However, the commissioner reserves the right to determine a different maximum performance speed, if warranted by the test report submitted.

(f) Alternate certification of certain limited use vehicles. If an application for registration of a limited use vehicle for which no certification has been approved by the commissioner is made and there is no manufacturer who can provide such certification (examples, manufacturer out of business, homemade vehicle, model no longer manufactured and records not available), the Bureau of Technical Assessment may prescribe and accept alternate methods of approval and certification of maximum performance speed.

(g) Once a certification has been approved, that certification shall apply to all vehicles of the same model (or sub-model, if applicable) manufactured thereafter unless there are changes in the technical specifications or performance standards. Upon any such change, the manufacturer shall submit a new certification. However, the commissioner may, from time to time request a confirmation of the certification for models, (or sub-models, if applicable) manufactured after the identifying years specified in the approved certification. Upon such a request for confirmation, the manufacturer must submit a new certification or confirmation of the continuance of the prior certification.

(h) Verification of specific vehicles. A manufacturer must be able to certify to the commissioner or to the owner of a limited use vehicle the maximum performance speed of any limited use vehicle upon submission of the vehicle identification number or other appropriate number. A manufacturer must honor a request for such information promptly upon receipt of such request.

(i) The provisions of this subdivision shall apply to low speed vehicles as defined in section 102.10(a) of this Part.

History

Amended New York State Register September 25, 2019/Volume XL, Issue 39, eff. 9/25/2019

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.9 Vehicles manufactured without a motor to which a motor is later attached

Section 2268 of the Vehicle and Traffic Law, in effect, prohibits the operation on public highways of this State of a vehicle which is primarily designed to be propelled by human power and to which a motor is attached. In accordance with section 2268 of the Vehicle and Traffic Law, the commissioner determines that any vehicle which is manufactured for retail sale without a motor, and to which a motor is attached is a motor-assisted vehicle and may not legally be operated upon the public highways of this State.

Part 103 All-terrain Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.1 Introduction

Articles 48-B and 48-C of the Vehicle and Traffic Law provide for the registration of all-terrain vehicles (ATV's) and establish rules concerning the use and operation of ATV's on both public and private lands. These regulations are intended to implement the provisions of those articles where necessary.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.2 Registration procedures

(a) Application for registration. Every ATV sold by a dealer shall be registered at the time of sale by such dealer. An application for an original registration of an ATV or any registration transaction other than a renewal may be made by mailing or delivering a properly completed application for such registration, the proper fee and appropriate documentation to any district office of the department or any office of a county clerk acting as agent of the commissioner for the issuance of ATV registrations. An application for the renewal of an ATV registration should be made in accordance with the directions contained on the renewal application mailed by the department to the registrant.

(b) Evidence of ownership. In order to register an ATV, acceptable evidence of ownership must be submitted with the application for registration.

(1) For a new ATV, acceptable evidence of ownership shall consist of a manufacturer's statement or certificate of origin.

(2) For any ATV which was previously registered in this State or in any other jurisdiction, acceptable evidence of ownership shall consist of the previous registration or title or other ownership document issued for it.

(3) For any ATV not covered by paragraph (1) or (2) of this subdivision, acceptable evidence of ownership shall consist of a properly completed affidavit of ownership on a form provided by the department.

(4) Manufacturer's statement or certificate of origin. A manufacturer's statement or certificate of origin must be issued by the manufacturer of the ATV, or by a duly designated agent of such manufacturer, and must contain at least the following: identification as a certificate or statement of origin, the name and address of the manufacturer, the date of the statement or certificate, an identifying number, the identification number of the ATV, the year, make and model of the ATV, the name and address of the distributor or dealer to whom the ATV has been transferred, a statement that such transfer is the first transfer of a new ATV in ordinary trade and commerce, the signature of an authorized representative of the manufacturer, and on the reverse it must contain appropriate language for at least two distributor-dealer assignments.

(5) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, except with respect to a new ATV purchased by the original owner on or after January 1, 1987, the district director or county clerk may accept a properly completed affidavit of ownership in lieu of a manufacturer's statement or certificate of origin, registration, title or other official ownership document if satisfied that the applicant is the owner of the vehicle and under all of the circumstances it would be unreasonable for the applicant to be required to provide such documentation.

(1) Dealer transfers. In addition to the documentation listed above, upon the sale of an ATV by a motor vehicle or ATV dealer registered in New York, a copy of the dealer's bill of sale conforming to section 103.3(f) of this Part must also be submitted, as well as documentation of all transfers subsequent to the issuance of the manufacturer's statement or certificate of origin or last registration evidenced by appropriate assignments on the manufacturer's statement or certificate of origin or bills of sale.

(2) Nondealer transfers. In any case in which an ATV has been transferred on or after January 1, 1987, other than by a registered New York motor vehicle or ATV dealer, a copy of the bill of sale showing the name and address of the seller, a complete description of the ATV, the name and address of the purchaser, the date of sale and the purchase price shall also be required to be submitted.

(3) Nonvoluntary sales or transfers. Proof of the right to sell or transfer and proof of compliance with appropriate procedures for such sale or transfer must be submitted after a nonvoluntary sale or transfer, such as upon foreclosure of a lien after a repossession in accordance with a court order, or upon sale or transfer of an abandoned or confiscated ATV.

(d) Sales tax. A New York-registered motor vehicle or ATV dealer must collect all State and local sales taxes due upon the sale of an ATV and must certify that such tax has been collected. Such certification must be submitted with the application for registration. If the ATV has not been acquired from a registered New York dealer, evidence that the appropriate sales tax has been paid must be obtained and submitted before an ATV registration will be issued. In such cases, the sales tax will be collected and evidence thereof will be given by the district office of the department or the county clerk acting as agent of the commissioner for the issuance of ATV registrations.

(e) Registration number and validation sticker.

(1) Upon the registration of an ATV, the commissioner shall issue one number plate and a validating sticker. The number plate will be issued in the name of the registrant, and except as hereinafter provided, will not be used on any other ATV.

(2) Such number plate may be transferred to an ATV which is registered as a replacement for the ATV previously registered (reregistration). Upon such reregistration, a new validating sticker will be issued for use on such number plate.

(3) Upon renewal of a registration, the previously issued plate shall be continued in use and a new validating sticker shall be issued for use on such number plate. Notwithstanding the foregoing, the commissioner may issue a new series of number plates for any registration period.

(4) The validating sticker shall be placed in the center right of the number plate and such plate shall be placed on the rear of the ATV so as to be visible from the rear of the ATV.

(f) Period of validity of registration. Every ATV registration issued shall expire on the August 31st after it has been issued, except that an ATV registration issued after April 1st of any year may be issued to expire on the August 31st of the year following the year of issuance. The expiration date of the registration shall appear on the registration certificate and the month and year of expiration shall appear on the validating sticker issued for that registration.

(g) Transfer of ownership. Upon the transfer of ownership of an ATV registered in this State, the transferor shall complete the transfer portion of the registration document and shall surrender it to the new owner. The transferor need not notify the commissioner of such transfer; however, he may surrender the number plate to any district office of the department or, upon payment of the required fee, to any county clerk acting as agent of the commissioner for the registration of ATV's.

(h) Fees. The fee for any original ATV registration shall be $10. The fee for the reregistration of any ATV shall be $10. The fee for renewal of any ATV registration shall be $10. Annual fees shall not be prorated, and such fees shall be applicable to a year or any portion of a year. The fee for a duplicate registration document, registration plate or validating sticker shall be $3. The fee for a plate surrendered to a county clerk shall be $1. In addition to the above fees, there shall be a fee of $7.50 whenever any ATV number plate is issued.

(i) Additional fee. On and after July 11, 2005, the commissioner shall collect an additional $15 for each individual resident and non-resident registration, and each renewal thereof. Such additional fee shall be deposited to the credit of the All Terrain Trail Development, Enforcement and Stewardship Fund as established by section 92-o of the State Finance Law. This additional fee shall also be collected from dealers at the time of original registration and at the time of each renewal.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.3 Atv dealers

(a) Section 2282 of the Vehicle and Traffic Law requires that any person engaged in the business of selling ATV's at wholesale or retail shall register as an ATV dealer. However, that section exempts from the registration requirement of that section a person who is registered as a motor vehicle dealer pursuant to section 415 of the Vehicle and Traffic Law.

(b) A person applying for registration as an ATV dealer shall submit to the commissioner the appropriate registration fee together with an application form, supplied by the commissioner, completed and submitted in the manner prescribed on such form. A separate ATV dealer registration must be obtained for each separate location at which a person is operating as an ATV dealer.

(c) A dealer registration shall not be issued unless the commissioner is satisfied that the applicant has a place of business which is either owned by the applicant or leased to him for a period of at least one year, and such place of business contains a structure of sufficient substance to adequately provide for the transaction of business and to afford reasonable security for records required to be kept by the dealer. The commissioner shall require the applicant to display a sign or other acceptable means of identification visible to the public which contains the name of the applicant as it appears on the application for registration and the applicant's status as a registered ATV dealer. In addition, proof of compliance with other statutory requirements, such as workers' compensation, shall also be required to be filed. However, the commissioner may issue a temporary registration pending final approval of an application.

(d) A registered dealer shall not hold an ATV for sale on the dealer premises unless the dealer has acceptable evidence of ownership or evidence of right to possession of the ATV, nor shall the dealer sell or transfer an ATV unless acceptable evidence of ownership is in the dealer's possession at the time of sale.

(e) As hereinafter provided, a registered dealer must provide the transferee with acceptable evidence of ownership and bill of sale which conforms to the requirements of subdivision (f) of this section.

(f) Bill of sale. Every bill of sale issued by a registered dealer shall be consecutively numbered with a unique bill of sale identification number and shall contain the name and address of the dealer, the dealer's registration number, the name and address of the transferee, a complete description of the ATV including the year, make, model, identification number and number of wheels of the ATV, whether the ATV is new or used and the statement that the New York State and local sales taxes have been collected.

(g) Required records.

(1) An ATV dealer is required to maintain a permanently bound book of registry or other form of record approved by the commissioner in which shall be recorded a complete description of all ATV's acquired for the purpose of sale, traded or sold, the name and address of the person from whom the ATV was obtained and the last registration number of the ATV, if registered in New York. The ATV description shall include year, make, model, identification number, number of wheels and whether the ATV is new or used. The book shall also contain the name and address of the person to whom the ATV is transferred, the date of sale and the number of the dealer's bill of sale. In addition, a copy of the bill of sale given to the transferee must also be maintained.

(2) When a purchaser trades in an ATV which has been registered, its registration must be completely filled out showing transfer of the ATV to the dealer, and it must be signed by the transferor at the time of trade-in. If the ATV which is traded in has not been registered, a bill of sale and an affidavit of ownership, both properly completed and signed by the transferor at the time of trade-in, must be obtained by the dealer.

(3) All dealer records must be maintained for a period of five years. Such records shall be open for inspection by the commissioner or agents of the commissioner during regular business hours.

(h) If a dealer selling ATV's is registered pursuant to section 415 of the Vehicle and Traffic Law, the provisions of subdivisions (d), (e), (f) and (g) shall apply to such dealer except that with respect to subdivision (g), such dealer may include ATV's in his regular book of registry or he may maintain a separate book of registry for ATV's.

(i) Dealer demonstrator registration plates. Upon issuance of an ATV dealer registration pursuant to section 2282 of the Vehicle and Traffic Law, two dealer demonstrator registrations and number plates with validating stickers shall be issued without fee upon the applicant's request made to the appropriate district office of the department. At that time, or thereafter, an applicant for ATV dealer registration may request the issuance of additional dealer demonstrator registration number plates with validating stickers from such district office upon payment of the appropriate fee of $8.25. The number of dealer demonstrator registration number plates to be assigned can be limited in the discretion of the commissioner. Such number plates together with the validating stickers may be temporarily affixed to an ATV being used for demonstration at the same location as regular number plates are attached. Dealer number plates issued to dealers under section 415 of the Vehicle and Traffic Law can be used by such dealers as ATV dealer demonstrator registration number plates. However, such a dealer may obtain ATV dealer plates upon submission of a proper application and fee.

(j) An ATV dealer retiring from business must return to the commissioner all registrations, number plates and validating stickers which may have been issued to the dealer.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.4 Proof of insurance

Proof of liability insurance shall consist of a policy conforming to the specifications established by the Superintendent of Insurance pursuant to section 2407 of the Vehicle and Traffic Law, or a currently valid identification card containing the name of the insured, the description of the ATV, the policy period, the policy number, and a statement that the policy conforms to the requirements of the Superintendent of Insurance established pursuant to section 2407, or a certificate of self- insurance issued by the commissioner pursuant to section 2407.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.5 Equipment approval

(a) Lights.

(1) Any white headlight having intensity sufficient to illuminate persons and objects for a distance of at least 200 feet directly ahead shall be approved for use on an ATV.

(2) Any red taillight which when illuminated shall be visible from a distance of at least 400 feet from the rear is approved for use on an ATV.

(b) Protective helmet. Any protective helmet approved by the commissioner for use on a motorcycle is also approved for use on an ATV.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.6 Safety courses and safety certificates

(a) ATV safety training courses shall be given under the auspices of entities as allowed by the commissioner. Such entities shall meet the standards and requirements for course providers as set forth herein. To the extent possible, course providers shall be nonprofit organizations. The commissioner may limit the number of approved providers based upon the need for such services.

(b) An entity desiring to become a course provider shall request permission to become such from the Commissioner. The request must include a listing of all successfully trained instructors who are to conduct courses, the location or locations at which the courses are to be given and the proposed fee to be charged, if any, to students who take the course. Such a request should demonstrate that the entity desiring to become a course provider has the facilities and ability to appropriately train students pursuant to the ATV Safety Institute's ATV Rider Course syllabus or an equivalent safety program approved by the commissioner.

(c) In order to be a course instructor, a person must be at least 18 years of age, and must have successfully completed the required instructor training program.

(d) The required instructor training program shall be the ATV Safety Institute's Instructor Preparation Course or an equivalent instructor training program approved by the commissioner. Information as to the availability of the ATV Safety Institute Instructor Preparation Course training programs may be obtained from the ATV Safety Institute, Two Jenner Street, Suite 150, Irvine, California 92618.

(e) The ATV safety training course shall consist of a four-hour program, excluding time spent on administrative or clerical activities. Such course shall be given in accordance with the ATV Safety Institute' s ATV RiderCourse syllabus, provided by the ATV Safety Institute, Two Jenner Street, Suite 150, Irvine, California 92618, or an equivalent safety program approved by the commissioner, and must be conducted by a successfully trained instructor in a manner acceptable to the commissioner. At a minimum, the ATV safety training course syllabus shall provide for on vehicle training and safe riding practices.

(f) All training programs and courses are subject to routine examination visits by appropriate Department of Motor Vehicles employees. Any violations or irregularities with respect to instructor qualifications, instructional quality, adherence to approved syllabi or denial of access to department personnel may result in the commissioner withdrawing permission for the involved entity to be a course provider.

(g) Each ATV safety training course shall be limited to 24 students. Courses should be given as often as necessary so that a prospective student need not wait longer than 60 days to take the course.

(h) Safety certificates shall be provided to course providers by the Department of Motor Vehicles or agents authorized by the Department of Motor Vehicles to act on behalf of the Department of Motor Vehicles for the purpose of distributing such certificates. The course provider shall issue a safety certificate to each student who has successfully completed the safety training course and is at least fourteen (14) years of age. No certificate shall be issued to any person under the age of fourteen (14) years. Course providers shall notify the Department of Motor Vehicles of the identity of all persons issued a safety certificate, in a manner prescribed by the commissioner but not more than thirty (30) days from issuance of the certificate.

(i) The amount of the fee charged by approved course providers shall be determined by the Department of Motor Vehicles to ensure that courses remain widely available and affordable to ATV riders.

History

Amended New York State Register February 5, 2025/Volume XLVII, Issue 05, eff. 2/5/2025

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.7 Signs and markers

(a) Highway signs. The following signs are approved for use on highways with respect to ATV operation:

(1) ATV route marker.

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(i) The sign shall have a white legend and border upon a green background which will be reflectorized. It shall be 24 x 18 inches with a 1/2-inch border. It shall be used along highways or parts of highways where the use of ATV's is permitted by official designation in conformance with section 2405 of the Vehicle and Traffic Law.

(ii) The ATV route marker shall be used in combinations and assemblies similar to other route markers as provided in the Manual of Uniform Traffic Control Devices (17 NYCRR 251.17-251.23) to indicate the direction of permitted use. The directional arrow marker shall be mounted immediately below the ATV route marker and shall have a white legend on a green background.

(iii) It shall be located at intervals as necessary to clearly mark the permitted path of travel and at turns in the path. The height, lateral placement and orientation shall conform to the Uniform Manual of Traffic Control Devices (17 NYCRR 201.5).

(2) ATV crossing sign.

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(i) The sign shall have a black legend on a yellow background which shall be reflectorized. The height, lateral placement and orientation shall conform to the Uniform Manual of Traffic Control Devices (17 NYCRR 201.5).

(ii) This sign is intended to warn traffic of a reasonably well defined ATV trail crossing where conditions such as sight distance and number of ATV's crossing warrant such use. This sign shall not be used in advance of a public intersection where an intersection sign may be warranted, nor where other warning signs indicate the existence of the crossing.

(iii) The standard sign shall be 30 x 30 inches with a 1/2-inch margin and a 3/8-inch border. A larger sign, 36 x 36 inches with a 5/8-inch margin and a 7/8-inch border, may be used where greater emphasis of visibility is required. A smaller sign, 24 x 24 inches with a 3/8-inch margin and a 5/8-inch border, may be used on highways having no more than one moving lane of traffic in each direction, where approach speeds are low and where physical conditions make the use of a standard size impractical as a ground-mounted sign.

(iv) This sign is in posting category I set forth in 17 NYCRR 230.2. Advance posting distances should be measured from the near side of the crossing.

(b) Off-highway. Any sign used off-highway with respect to ATV operation shall be the appropriate sign as specified in this section and the Manual of Uniform Traffic Control Devices (17 NYCRR Parts 200-302) which would be used with respect to such operation on a public highway.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 103.8 Special events

A permit must be obtained from the appropriate governmental authority having jurisdiction for any organized rally, race, exhibition or demonstration of limited duration, which is conducted according to a prearranged schedule and in which general public interest is manifested, except that no such permit shall be required for an event which is held entirely on private property within a designated area. The local governmental authority having jurisdiction may establish safety requirements with respect to protection of the participants and observers for any event for which a permit is required.

Part 104 Vessels

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.1 Introduction

Chapter 484 of the Laws of 1985 amended the Vehicle and Traffic Law to provide for the registration and titling of vessels, the registration and control of vessel dealers and the certification of yacht brokers. These regulations are intended to establish rules and procedures, where necessary, to implement the provisions of that law with respect to vessels. For the purposes of this Part, the term boat shall be used to mean vessel.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.2 Validating stickers

(a) The commissioner shall issue a set of two validating stickers with all original boat registrations issued on and after June 1, 1986, and with all renewals of boat registrations which expire on and after June 30, 1986.

(b) Prior to September 1, 1986, the commissioner shall mail without fee a set of two validating stickers to each boat registrant for each boat validly registered in such person's name for which the registrant has not previously been issued a set of validating stickers pursuant to subdivision (a) of this section. These shall be mailed to the address contained on the boat registration file of the department.

(c) On or after September 1, 1986, any such registrant who has not received a set of validating stickers pursuant to subdivision (a) or (b) of this section may apply for a set at any district office of the department or at any county clerk's office which issues boat registrations.

(d) Any boat operated on the navigable waters of this State will not be considered as validly registered unless a set of unexpired validating stickers is properly displayed on the boat. The provisions of this subdivision shall not apply to a boat bearing a valid temporary registration or to a boat not required to be registered under article 48 of the Vehicle and Traffic Law.

(e) On a nondocumented vessel, one validating sticker must be affixed to each side of the hull. If the boat is double-hulled, one validating sticker must be affixed to the outer side of each hull. Each one shall be affixed approximately three inches to the stern of the registration number.

(f) On a documented vessel, one validating sticker must be affixed to each side of the forward half of the hull. If the boat is double-hulled, one validating sticker must be affixed to the outer side of the forward half of each hull. Each validating sticker must be clearly visible from a distance of 100 feet.

(g) Validating stickers shall expire on the last day of the month and year indicated upon such stickers.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.3 Registration procedures

(a) Place of application for registration. A boat dealer registered in this State making application for a boat registration (and certificate of title, if appropriate) on behalf of the transferee must mail an application for registration, the proper fee and required documentation to the central processing unit of the department. Any other person making application for a boat registration (and certificate of title, if appropriate) must mail or deliver an application, proper fee and appropriate documentation to any district office of the department or any office of a county clerk acting as agent of the commissioner for the issuance of boat registrations. For the renewal of a boat registration, the completed renewal application and fee should be sent in accordance with the directions on the renewal invitation. Any amendment to a boat registration or application for a duplicate boat registration may be made by mail or in person at a district office of the department or at any office of a county clerk acting as agent of the commissioner for the issuance of boat registrations.

(b) Registrant. In order to comply with Federal regulations, a registration must be in the name of the owner of the boat.

(c) Evidence of ownership. In order to register (and title, if appropriate) a boat, acceptable evidence of ownership must be submitted with the application.

(1) For a new boat required to be titled, acceptable evidence of ownership shall consist of a manufacturer's statement or certificate of origin.

(2) For a used boat required to be titled, acceptable evidence of ownership shall consist of:

(i) a certificate of title if the boat was previously titled in this State or in any other jurisdiction which required a certificate of title for that boat; or

(ii) a transferable registration if the boat was previously registered in a jurisdiction which did not require that boat to be titled.

(3) For a new boat not required to be titled, acceptable evidence of ownership shall consist of:

(i) a manufacturer's statement or certificate of origin; or

(ii) if no such statement or certificate was issued by the manufacturer, a bill of sale from the dealer containing a listing of owners or assignees of the boat from the manufacturer to the current selling dealer.

(4) For a used boat not required to be titled, acceptable evidence of ownership shall consist of:

(i) a certificate of title if the boat was last titled in a jurisdiction which required a certificate of title for the boat; or

(ii) a transferable registration if the boat was last registered in this State or in another jurisdiction in which a certificate of title was not required for that boat.

(5) For a homemade boat, acceptable evidence of ownership shall consist of supporting documentation with respect to acquisition of parts and proof of the assignment and the affixing of a hull identification number provided by the Office of Parks, Recreation and Historic Preservation.

(6) Documented boats. Notwithstanding the foregoing requirements of this subdivision, if the evidence of ownership submitted with an application for registration (and title, if appropriate) consists in whole or in part of documentation issued by the United States Coast Guard or similar agency of any foreign government, such document shall be acceptable as evidence of ownership. However, the provisions of paragraph (8) or (9) of this subdivision, whichever may be appropriate, with respect to proof of transfer of ownership shall also apply.

(7) Manufacturer's statement or certificate of origin. A manufacturer's statement or certificate of origin must be issued by the manufacturer of the boat or by a duly designated agent of such manufacturer and must contain at least the following: identification as a certificate or statement of origin for a boat, the name and address of the manufacturer, the date of the statement or certificate, an identifying number, the hull identification number of the boat, the year, make, model and length of the boat, the name and address of the distributor or dealer to whom the boat has been transferred, a statement that such transfer is the first transfer of a new boat in ordinary trade and commerce, the signature of an authorized representative of the manufacturer and on the reverse must contain appropriate language for at least two distributor-dealer assignments including lien information.

(8) Dealer transfers. In addition to the documentation listed above, upon the sale of a boat by a registered New York dealer, a copy of the dealer's bill of sale conforming to section 104.6(g) of this Part must also be submitted as evidence of ownership, as well as documentation of prior transfers between dealers evidenced by appropriate assignments on the manufacturer's statement or certificate of origin, or bills of sale.

(9) Nondealer transfers. In any case in which a boat has been transferred, other than by a registered New York State dealer, if the document which is evidence of ownership does not provide for the transfer of ownership on that document, a copy of the bill of sale showing the name and address of the seller, a complete description of the boat including make, model year, hull identification number, hull material, length, type of propulsion, if any, the name and address of the purchaser, the date of sale and the purchase price shall also be required to be submitted. In addition, if there is more than one transfer of ownership since the last registration certificate or certificate of title submitted as evidence of ownership, documentation of all prior transfers, evidence by appropriate assignments of certificates of title, registration certificates or bills of sale must be submitted.

(10) Nonvoluntary sales or transfers. Proof of the right to sell or transfer and proof of compliance with appropriate procedures for such sale or transfer must be submitted after a nonvoluntary sale or transfer such as upon foreclosure of a lien, after a repossession, in accordance with a court order or on sale or transfer of an abandoned or confiscated boat.

(11) Discretionary approval. Notwithstanding the foregoing provisions of this subdivision, in the absence of a transferable registration or a certificate of title, an affidavit of ownership and/or any other document may be accepted, at the discretion of the commissioner, as proof of ownership. However, with respect to boats required to be titled, this discretion shall ordinarily be exercised only when the history of the boat consists solely of ownership in a jurisdiction which requires neither the registration nor titling of such a boat nor any other form of documentation for such boat.

(d) Sales tax. A New York registered boat dealer and a New York certified yacht broker must collect all State and local sales taxes due upon the sale of a boat and must certify that such tax has been collected. Such certification must be submitted with the application for registration (and certificate of title, if appropriate). If the boat has not been acquired from a registered New York boat dealer or through a certified New York yacht broker, evidence that the appropriate sales tax has been paid must be obtained and submitted before a boat registration will be issued. In such cases, the sales tax will be collected and evidence thereof will be given by the district office of the department or the county clerk acting as agent of the commissioner for the issuance of boat registrations.

(e) Transfer of ownership of registered and/or titled boats in this State.

(1) Upon the transfer of ownership of a boat required to be titled, the registration document shall not be required to be surrendered to the transferee, and the commissioner need not be notified by the transferor of such transfer. Transfer of such a boat is to be made by completing the transfer portion of the certificate of title and surrendering the same to the transferee.

(2) Upon the transfer of ownership of a boat not required to be titled, the transferor shall complete the transfer portion of the registration document and shall surrender it to the new owner. The transferor need not notify the commissioner of such transfer.

(f) Exemption for documented boats. Although application for registration must be made for a properly documented boat which requires registration pursuant to the Vehicle and Traffic Law, such boat shall be exempt from displaying registration numbers.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.4 Use of temporary registration

A temporary registration may be issued by a validly registered boat dealer when a boat is sold or transferred. The registration number to be affixed to the boat in conjunction with the temporary registration shall be the registration number assigned to the boat by the dealer or, if the boat was previously registered in this State, the previous registration number shall be retained and displayed. No validating sticker will be issued with the temporary registration. The temporary registration certificate completed by the dealer must be on board the boat. The temporary registration certificate shall be valid for 45 days after the date of its issuance by the dealer.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.5 Hull identification numbers

(a) Section 79-b of the Navigation Law provides that the Commissioner of Parks, Recreation and Historic Preservation establish a boat anti-theft program. The identification of boats, including the assignment of hull identification numbers to boats which do not have them, is an integral part of any such system.

(b) Assignment of hull identification numbers.

(1) Homemade boats. Upon appropriate application by the owner of a homemade boat, the Commissioner of Parks, Recreation and Historic Preservation through designated employees and agents, and after appropriate investigation and/or examination, may assign and affix a hull identification number to such homemade boat.

(2) Unidentifiable boats. Upon application by a law enforcement agency having possession of a boat which does not have a hull identification number and for which the hull identification number is unknown, the Commissioner of Parks, Recreation and Historic Preservation through designated employees and agents, and after appropriate investigation and/or examination, may assign and affix a hull identification number to such boat.

(3) Replacement of a hull identification number. Upon appropriate application by the owner of a boat whose hull identification number is known but has been lost or effectively destroyed, the Commissioner of Parks, Recreation and Historic Preservation through designated employees and agents, and after appropriate investigation and/or examination, shall affix a replacement hull identification number to the boat. Such number shall be the original hull identification number assigned by the manufacturer.

(4) Miscellaneous. Upon appropriate application by the owner or a law enforcement agency having possession of a boat which never was assigned a hull identification number, but whose ownership can be identified, the Commissioner of Parks, Recreation and Historic Preservation may assign and affix a hull identification number to such boat.

(5) Proof of the assignment and/or affixing of a hull identification number shall be given by the Commissioner of Parks, Recreation and Historic Preservation to the appropriate owner or law enforcement agency.

(6) The Commissioner of Parks, Recreation and Historic Preservation need not accept any application for assignment and/or affixing of a hull identification number for any boat which is a 1972 or older model boat or any boat which is a 1973 model manufactured on or before November 1, 1972 or, if no model year is known, which can reasonably be assumed to have been manufactured or assembled on or before November 1, 1972.

(c) Registration of boats without hull identification numbers. The registrations of currently registered boats which do not have hull identification numbers will continue to be renewed. However, a boat manufactured after November 1, 1972, shall not be issued a registration upon a transfer of such boat unless a hull identification number has been assigned and affixed in accordance with subdivision (b) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.6 Registration of boat dealers

(a) Section 2257 of the Vehicle and Traffic Law requires that any person engaged in the business of buying, selling or trading boats be registered with the commissioner as a boat dealer. However, that section exempts from the registration requirement, a person who sells no boats other than boats determined by the commissioner to be boats or devices which would not ordinarily be considered as usable for transportation on water. For the purposes of that section and this regulation, any boat or device which is not designed to be equipped with a motor by which it can be mechanically propelled, provided it is not sold with a motor for such use, shall not be considered as usable for transportation on water.

(b) A person applying for registration as a boat dealer shall submit to the commissioner the appropriate registration fee together with an application form or forms supplied by the commissioner completed and submitted in the manner prescribed on such form. A separate boat dealer registration must be obtained for each separate location at which a person is operating as a boat dealer.

(c) A dealer registration shall not be issued unless the commissioner is satisfied that the applicant has a place of business which is either owned by the applicant or leased to him for a period of at least one year, and such place of business contains a structure of sufficient substance to adequately provide for the transaction of business and to afford reasonable security for records required to be kept by the dealer. The commissioner shall require the applicant to display a sign or other acceptable means of identification visible to the public which contains the name of the applicant as it appears on the application for registration and the applicant's status as a registered boat dealer. In addition, proof of compliance with other statutory requirements, such as worker's compensation, shall also be required to be filed. However, the commissioner may issue a temporary registration pending final approval of an application.

(d) A registered dealer shall not hold a boat for sale on the dealer premises unless the dealer has acceptable evidence of ownership or evidence of right to possession of the boat nor shall the dealer sell or transfer a boat unless acceptable evidence of ownership is in the dealer's possession at the time of sale.

(e) As hereinafter provided, a registered boat dealer must either provide the transferee with acceptable evidence of ownership and a bill of sale which conforms to the requirements of subdivision (g) of this section or the dealer must submit such evidence of ownership and a copy of such bill of sale to the commissioner along with an application for registration on behalf of the transferee and the appropriate registration fee.

(f) Whenever a dealer issues a temporary registration the dealer must make application for registration (and certificate of title, if appropriate) to the commissioner on behalf of the registrant. Whenever a dealer transfers a boat which is required to be titled in this State and which is subject to a security interest, the dealer must make application to the commissioner for registration and title on behalf of the transferee. A dealer may make application for registration (and certificate of title, if appropriate) in this State for any other boat transferred by the dealer if the transferee agrees. In any case in which the dealer makes such application for registration (and certificate of title, if appropriate) in this State, the dealer must deliver to the transferee a copy of the application for registration, copies of all evidence of ownership, and the original of the bill of sale which he submitted to the commissioner. Whenever a dealer makes application for registration and/or title in this State on behalf of his transferee, such application to the commissioner must be made by mail to the central processing unit of the department.

(g) Bill of sale. Every bill of sale issued by a registered boat dealer shall be consecutively numbered with a unique bill of sale identification number and shall contain the name and address of the dealer, the dealer's registration number, the name and address of the transferee, the boat registration number, if assigned by the dealer or previously issued for that boat, a complete description of the boat, including make, model year, hull identification number, hull material, length, type of propulsion, whether the boat is new or used, and a statement that all New York State and local sales tax has been collected.

(h) Temporary registrations. A registered boat dealer will, upon request, be furnished with temporary registration certificates and a series of registration numbers by the commissioner which the dealer may assign upon the sale or transfer of a boat. After issuance of such temporary registrations, the dealer must mail a completed registration application, with appropriate documentation and the appropriate fee to the commissioner at the central processing unit of the department no later than five calendar days after the issuance of such temporary registration. He must provide the transferee with the temporary registration document properly completed in conformity with the instructions contained thereon. The dealer must also assign a registration number from the series assigned to the dealer by the commissioner, unless the boat being transferred was previously registered and numbered in this State.

(i) Required records.

(1) A boat dealer is required to maintain a permanently bound book of registry in which shall be recorded a complete description of all boats acquired for the purpose of sale, traded or sold, the name and address of the person from whom the boat was obtained, the registration number of the boat and the location of the boat, if it is being held elsewhere than on the premises described in the dealer registration. Boat description shall include make, model year, hull identification number, hull material, length, type of propulsion, if any, and whether the boat is new or used. The book shall also contain the name and address of the person to whom the boat is transferred, the date of sale, the number of the dealer's bill of sale, whether any temporary registration was issued, and if so the date of issuance, and the registration number of the boat. If the boat requires a certificate of title, the number of liens listed on the application must also be listed in such book. In addition, a copy of the bill of sale given to the transferee must also be maintained.

(2) When a purchaser trades in a boat not subject to the Certificate of Title Law, its registration must be completely filled out showing transfer of the boat to the dealer and must be signed by the transferor at the time of trade-in. If the boat is subject to the Certificate of Title Law, the certificate of title properly assigned to the boat dealer and signed by the transferor at the time of trade-in must be obtained by the dealer.

(3) All dealer records must be maintained for a period of five years. Such records shall be open for inspection by the commissioner or agents of the commissioner during regular business hours.

(j) If a person acts as both a boat dealer and a yacht broker, such person must both register as a boat dealer and certify as a yacht broker and must keep separate records as a dealer and as a yacht broker, including separate books of registry for each function.

(k) Dealer demonstrator numbers. Upon request, the commissioner shall assign a series of demonstrator numbers to a registered boat dealer together with a set of two validating stickers for each such number assigned. The number of demonstrator numbers to be assigned can be limited in the discretion of the commissioner. It shall be the dealer's responsibility to fabricate each such number assigned in conformity with the dimensions required for registration numbers set forth in subdivision (3) of section 2253 of the Vehicle and Traffic Law in such a manner that such numbers can be temporarily affixed to any boat owned or controlled by the dealer and held for sale, for the purpose of sale or demonstration. Such numbers, together with the validating stickers shall be temporarily affixed to the boat being used for demonstration at the same locations that regular registration numbers and validating stickers are attached.

(l) A dealer retiring from business must return all registration forms, numbers and plates which may have been received by the dealer from the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 104.7 Yacht brokers

(a) Any person who for a fee or commission acts as an agent for either the buyer or seller of a boat must certify to the commissioner that he is a yacht broker. Such certification shall be made to the commissioner by letter at the central office of the department. Such letter must contain the name, business address and telephone number of the person acting as a yacht broker and the business name under which such activity is conducted.

(b) A yacht broker shall be required to keep a permanently bound book of registry containing the name and address of any client for whom the yacht broker is acting and a description of any boat which is the subject of such a transaction. The boat description shall include make, model year, hull identification number, hull material, length, type of propulsion, if any, and whether the boat is new or used. Upon the transfer of any such boat through the agency of the yacht broker, the name and address of the person to whom the boat is transferred shall be listed. The yacht broker must have written authorization to act on behalf of his or her client. All required records must be maintained for a period of five years. Such records shall be open for inspection by the commissioner or agents of the commissioner during reasonable business hours.

(c) If a person acts as both a yacht broker and a boat dealer such person must both certify as a yacht broker and register as a boat dealer and must keep separate records as a dealer and as a yacht broker including separate books of registry for each function.

Part 105 Special Purpose Commercial Vehicles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 105.1 Introduction

The purposes of this Part are to end confusion in the classification of some vehicles and to see that the legislative intent in establishing the special purpose commercial category is followed closely.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 105.2 Definition of special purpose commercial vehicle

A special purpose commercial vehicle is a vehicle or combination of vehicles of unusual construction or design, self-propelled, primarily used off-highway or on road and bridge building and maintenance, which only travels on the public highways incidentally between off-highway or road building or maintenance jobs and which vehicle is primarily a machine, not a transporter of cargo, or is a truck used to transport and spread or spray agricultural chemicals.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 105.3 Descriptions

The following terms will have the following meanings:

(a) Agricultural spreader or sprayer. A truck or tractor-trailer combination used to transport chemicals, including lime, fertilizer, pesticide and water, and spread or spray such chemicals on crops or fields. A spreader or sprayer of paint or anything but agricultural chemicals shall not qualify as an agricultural spreader or sprayer. A transporter of agricultural chemicals which does not spread or spray such chemicals on crops or fields shall not qualify as an agricultural spreader or sprayer.

(b) Earth mover. A motor vehicle in excess of eight feet in width, equipped with pneumatic tires, designed, constructed and used for transporting earth and rock in connection with excavation and grading work.

(c) Feed processing machine. A machine that harvests, threshes, cleans, compacts or alters food for human or animal consumption.

(d) Fire vehicle. A vehicle specially designed and equipped for fire fighting purposes by a firefighting unit on property used for industrial, institutional or commercial purposes and which vehicle is owned by the owner or lessee of such property. A fire vehicle now maintained for shows, exhibitions, parades, etc. shall not be registered as a special purpose commercial vehicle.

(e) Mobile car crusher. A machine that flattens cars or other metal.

(f) Power shovel. A machine that utilizes a bucket to dig out ground, earth, stone or similar substances, and deposit it elsewhere. This description includes a backhoe, front end loader or wheeled excavator.

(g) Road building machine. Any of the several machines that are useful in constructing highways but do not transport property over public highways. Common examples of road building machines are motor graders and scrapers. When such machines are used in a project other than building or repairing a highway, they remain road building machines. Dump trucks, tank trucks, concrete mixers and any other vehicles which transport property over the public highways may not be registered as road building machines. Concrete pumps and other vehicles utilizing conventional truck chassis may not be registered as road building machines. A road building machine may not be capable of travel at a speed in excess of forty miles per hour.

(h) Road roller. A machine used to smooth out freshly poured asphalt or earth.

(i) Road sweeper. A machine which sweeps debris from the road.

(j) Sand spreader. A truck which spreads sand on the public highways. A sand spreader may carry no load other than sand on a public highway. A truck or other device which spreads liquid fertilizer or anything else but sand may not be registered as a sand spreader.

(k) Snow plow. A machine specially designed for snow removal whether by pushing it with a blade, blowing it away or lifting it into a truck. A truck or passenger vehicle with a snow blade attached shall not be registered as a special purpose commercial vehicle.

(l) Tractor crane. A machine for raising, skidding, shifting and moving logs or other heavy objects in off-road locations. The lifting capacity must be such that three tons (2700 kg) can be lifted at one time. A tractor crane may not be operated on public highways while transporting any load.

(m) Truck crane. A machine for raising, shifting and lowering heavy loads by means of a projecting swinging arm. The lifting capacity must be such that a load can be raised twenty or more feet from the ground. The machine must proceed forward on tires in contact with the ground. Examples of truck cranes are derricks, aerial bucket trucks, concrete pumps, and cherry pickers, all of which have no cargo capacity. A truck which regularly tows other vehicles shall not be considered a truck crane.

(n) Truck with small wheels used in a factory, warehouse or railroad station. A fork lift machine or other uniquely designed machine that will be operated on highways only for distances of one mile or less.

(o) Well driller. A machine that drills wells. A truck or derrick which supports special apparatus used for boring holes, whether the apparatus is percussion or rotary, is a well driller. A truck such as a pickup truck or tank truck may not be registered as a well driller.

(p) Well servicing rig. A truck which is capable of carrying at least one thousand pounds of casing (pipe), five hundred gallons of water, and welding supplies simultaneously and which is necessary for a well driller to drill or service a well.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 105.4 Registration

(a) Only a vehicle which qualifies under the preceding section may be registered as a special purpose commercial vehicle. The commissioner may request a photograph of a vehicle and other information before issuing a registration. If it is not clear whether or not a vehicle qualifies as a special purpose commercial vehicle, a photograph of it and information regarding it should be sent to the Department of Motor Vehicles, Bureau of Technical Services, Empire State Plaza, Albany, NY 12228 for a determination.

(b) A vehicle, some uses of which are in the special purpose commercial category but which is also used for other purposes, must be registered as a regular commercial vehicle regardless of the percentage of use in each category.

(c) No full-track vehicle shall be registered or allowed to use public highways. No half-track vehicle with a metal track shall be registered or allowed to use public highways. A half-track vehicle with a rubber track may be registered under this Part if it qualifies otherwise.

(d) When a combination of vehicles is registered as a special purpose commercial vehicle, the power unit must always remain with the towed unit. Separate use by either on the public highways requires separate registrations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 105.5 Lighting requirements

Special purpose commercial vehicle lighting is controlled by section 43.10 of this Title.

Part 106 Passenger And Commercial Registrations

N.Y. Comp. Codes R. & Regs. Tit. 15 § 106.1 Introduction

Vehicle and Traffic Law section 401 provides for the registration of most vehicles. Subdivision six provides for the passenger categories and subdivision seven provides for the commercial categories. Subdivision seven covers "...buses, ...motor vehicles constructed or specially equipped for the transportation of goods, wares and merchandise, commonly known as auto trucks or light delivery cars,...taxicabs, livery and... certain other motor vehicles..." Subdivision six covers the registration of most other vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 106.2 Commercial registration

The following vehicles require commercial registration:

(a) Animal ambulance. A commercial type vehicle with boxes, cages or other equipment used to carry sick or injured animals.

(b) Armored truck. A truck with bullet resistant features used for transporting money or other valuables, even if equipped with a rear side window and rear seat.

(d) Glazier's truck. A truck, including a van type of truck, equipped with racks for transporting glass, even if equipped with a rear side window and rear seat.

(e) Modified car. A vehicle originally of the passenger type but with all the seats behind the driver permanently removed, and a box or rack for carrying goods permanently installed in its place.

(f) Modified station wagon. A station wagon with all seats and seat fittings behind the driver completely removed.

(g) [Reserved]

(h) Specialized use truck. A vehicle with special equipment but which does not qualify as a special purpose commercial vehicle, such as a self-propelled air compressor, buzz saw or cable reel truck.

(i) Tow truck. A vehicle with special equipment to raise and pull another vehicle behind it.

(j) Truck. A vehicle constructed or specially equipped for the transportation of goods, wares and merchandise, regardless of seating capacity within the cab. Examples of trucks are pick-ups, stake bodies, cargo vans and self-propelled tank vehicles.

(k) Van or cargo van. An enclosed vehicle constructed or specially equipped for the transportation of goods, wares and merchandise. (See section 106.3[d] on how to modify a van to qualify for a passenger registration.)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 106.3 Passenger registration

Until February 19, 1991, a passenger registration is the proper class of registration for a motor vehicle having a seating capacity of not more than 15 adults, in addition to the driver, provided the vehicle is not used to carry passengers for hire. On and after February 19, 1991, a passenger registration is the proper class of registration for a motor vehicle having a seating capacity of not more than fourteen adults, in addition to the driver, provided the vehicle is not used to carry passengers for hire. An unmodified car used to transport cargo in connection with a business must receive a passenger registration. The following vehicles require passenger registration:

(a) Car. A sedan, hardtop, coupe, hatchback, convertible or sports car. (See section 106.2[e] on modifying a car to obtain a commercial registration).

(b) Hearse. A station wagon type vehicle equipped and used only for transporting a coffin.

(d) Modified van or passenger van. A van with at least one seat or seat fittings or camping equipment behind the driver and at least one rear side window. This equipment must be permanently installed. Camping equipment means that a bed, stove or refrigerator must always be in the vehicle. Any use of the van without this equipment requires the vehicle to be registered as a commercial vehicle.

(e) Motor home. A self-propelled vehicle designed as a travelling place of abode. To qualify as a motor home, a vehicle must have at least four of the following facilities:

(1) cooking with an on-board power source;

(2) a gas or electric refrigerator;

(3) a toilet with exterior evacuation;

(4) heating or air conditioning or both from an on-board power source separate from the vehicle engine;

(5) a potable water supply system including a faucet, sink and a water tank with an exterior service connection; and

(6) a 110-125 volt power supply separate from the vehicle engine.

(f) Specialized vehicle. A motor vehicle including a van or truck with a gross weight under seven thousand pounds, regardless of seating or window arrangements, which is equipped or modified with a powered lift or ramp or containing any other physical device or alteration for the purpose of accommodating a wheelchair or permitting access of a wheelchair-bound person, and which is intended to be used for the transportation of a disabled person or persons confined to a wheelchair.

(g) Station wagon. An enclosed vehicle with folding seats, rear side windows and no trunk, usable for both passenger and delivery purposes.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 106.4 Registration amendments

If a registered vehicle does not conform with the category appropriate to the registration plates displayed on the vehicle, an application must be filed with the Department to amend the registration and replace the registration plates with ones appropriate to the actual configuration of the vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 106.5 Other categories

This regulation does not prevent a vehicle from being registered in another category (such as official, historical, agricultural truck, etc.) if it qualifies.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 106.6 Pickup truck

A truck with a cargo bed and side walls, regardless of seating capacity within the cab.

A pickup truck will receive a commercial registration except a pickup truck which is used exclusively for non-commercial purposes and with no business advertising may receive a passenger registration, at the registrant's option. This subdivision shall also apply to pickup trucks that are leased and rented, provided that the lessee or renter of the pickup truck certifies on a form, provided by the leasing or rental company, that the pickup truck shall be used exclusively for noncommercial purposes. No rental or leasing company shall permit the renting or leasing of a pickup truck if the renter or lessee fails to complete the certification required by this subdivision or if such company knows or has reason to know that the renter or lessee is operating a pickup truck for commercial purposes.

History

Amended New York State Register June 3, 2015/Volume XXXVII, Issue 22, eff. 6/4/2015

Part 107 Snowmobiles

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.1 Introduction

This regulation is intended to implement article 47 of the Vehicle and Traffic Law with respect to the issuance and use of snowmobile registrations by dealers and registrants.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.2 Dealer defined

A dealer is any person, including a partnership or corporation, engaged in the business of selling snowmobiles at wholesale or retail.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.3 Dealer registration

Any person who is a dealer shall register as a dealer. The commissioner upon receipt of an application and the fee required under article 47 of the Vehicle and Traffic Law shall issue a distinctive registration number to the registrant and issue a dealer registration certificate.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.4 Display of certificate

A dealer must display the official dealer registration certificate in a prominent place at the business location.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.5 Prepaid registrations

(a) A dealer who wishes to issue prepaid registrations must obtain prepaid registrations from the commissioner.

(b) A dealer must pay $25 in advance for each prepaid registration ordered.

(c) A dealer who has prepaid registrations must sell and issue a prepaid registration to the purchaser of a snowmobile from that dealer, at the time of sale, unless the purchaser signs a declaration of exemption from registration, as described in section 107.8 of this Part. This applies to both resident and nonresident purchasers.

(d) A dealer may sell a prepaid registration to a snowmobile owner from another jurisdiction for $25. When submitting a registration application for a nonresident, the dealer shall include an additional $10 fee, payable to the Commissioner of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.6 Dealers without prepaid registrations

Unless a prepaid registration has been issued under the preceding section, a dealer must, prior to delivery, obtain a registration for a snowmobile that dealer sells unless the purchaser signs a declaration of exemption from registration, as described in section 107.9 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.7 Dealer demonstrator registration numbers

(a) A snowmobile dealer shall receive two snowmobile dealer demonstrator registration numbers.

(b) Upon a showing of need for additional snowmobile dealer demonstrator registration numbers, a snowmobile dealer shall be eligible to purchase additional snowmobile dealer demonstrator registration numbers.

(1) any snowmobile which the dealer owns or has on consignment and is demonstrating for a prospective purchaser or is permitting a prospective purchaser to test drive;

(2) any snowmobile the dealer is testing to determine its value prior to buying it.

(d) Dealer demonstrator registration plates may never be used on a snowmobile for which a charge is made for its use.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.8 Nonresident snowmobiles

(a) A snowmobile owned by a nonresident and operated in this State must be registered unless:

(1) the snowmobile is operated exclusively on lands owned by the owner of the snowmobile, or on lands to which the snowmobile owner has a contractual right to use, other than as a member of a club or association, and no consideration is paid to the owner of the snowmobile with respect to such operation; or

(2) the snowmobile is operated exclusively on cross border trails designated by the Commissioner of Parks, Recreation and Historic Preservation, and the snowmobile is validly registered in that border state.

(b) Unless operated solely in accordance with subdivision (a) of this section, a snowmobile owned by a nonresident and registered in another state or province of Canada, and bearing registration numbers on both sides of the cowl, must bear New York registration stickers near the home state or province registration stickers or the operator must have the owner's copy of NYS Registration Certificate -Snowmobile Terminal Document (prepaid snowmobile registration form) with him or her. New York registration numbers shall not be displayed on such a snowmobile.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.9 Declaration of exemption from registration

(a) A dealer shall issue a registration with each snowmobile sold at retail, unless the purchaser signs a declaration of exemption from registration.

(b) The declaration of exemption from registration shall read as follows:

"I, (name of purchaser), state the following as true: I am exempt from registering my snowmobile because it will not be used in New York State except that it may be used on lands I own, or on lands I have a contractual right to use other than as a member of a club or association, or on cross border trails designated by the Commissioner of Parks, Recreation and Historic Preservation after being registered in that border state.

I understand that there are severe penalties for making a false statement on this affirmation which I know the dealer is required to file with the Department of Motor Vehicles.

I understand that there are severe penalties for operating an unregistered snowmobile illegally.

DATED ____________ SIGNED ____________"

(d) One copy of the declaration of exemption from registration shall be sent to the Department of Motor Vehicles in lieu of registration documents. The dealer shall keep the other copy for its records.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.10 Administrative penalties

(a) The commissioner may revoke any or all dealer demonstrator registration numbers issued to a dealer for improper use of such numbers.

(b) The commissioner may revoke or suspend a snowmobile dealer registration for:

(1) a false statement made in the application for such registration;

(2) permitting use of demonstrator registration numbers contrary to law;

(3) fraud or fraudulent practices;

(4) deceptive or misleading advertising;

(5) failure to comply with article 47 of the Vehicle and Traffic Law or these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 107.11 Display of registration sticker

(a) Cowling shall mean the forward portion of the snowmobile usually surrounding the motor and clutch assembly.

(b) The New York registration shall be displayed by affixing the registration sticker issued by the Commissioner on the cowling of the snowmobile on both the right and left side of the cowling below the windshield on a vertical plane so as to provide an unobstructed view of the registration numbers by a person viewing the snowmobile from either side. For an illustration of this, please refer to the diagram below and depicted on the back side of the registration stickers provided.

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Subchapter I Administrative Adjudication Of Traffic Violations

Part 121 Traffic Violations Bureau

N.Y. Comp. Codes R. & Regs. Tit. 15 § 121.1 Introduction

Article 2-A was added to the Vehicle and Traffic Law (effective July 1, 1970) in response to court procedures which were too cumbersome to handle the relatively large volume of traffic violations. It was decided that noncriminal traffic cases could be more effectively handled administratively by the Department of Motor Vehicles. The Commissioner of Motor Vehicles was authorized by this law (L. 1969, ch. 1074, as amended) to establish a system for the administrative adjudication of moving traffic infractions and to promulgate regulations detailing the procedure.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 121.2 Regulations

These regulations are established by the Commissioner of Motor Vehicles and govern the operation of the Traffic Violations Bureau, the agency created to assume jurisdiction over traffic infractions. The infractions are civil in nature, and proceedings before the bureau are not subject to requirements of the Criminal Procedure Law. The bureau will operate in those jurisdictions authorized by the Legislature.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 121.3 Traffic violations bureau

A Traffic Violations Bureau is established in the Department of Motor Vehicles. This bureau shall be made up of those administrative law judges, supervisors and clerical personnel assigned by the commissioner to carry out the provisions of article 2-A of the Vehicle and Traffic Law and this Subchapter.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 121.4 Hearing offices

The commissioner shall establish one or more offices in each jurisdiction in which the program is established. These offices will be staffed with administrative law judges, supervisors and clerical personnel adequate to carry out the provisions of article 2-A of the Vehicle and Traffic Law. The locations and hours of operation of each office will be established by the commissioner. Such information shall be indicated on any summons issued. A change in hours and/or location will not affect the validity of any summonses.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 121.5 Definitions

The following words and phrases when used in this Subchapter shall have the following meanings:

(a) Bureau shall mean the Traffic Violations Bureau.

(b) Complaint shall mean Part 1 of the ticket packet or that part containing the signature or name of the complainant and alleging a traffic infraction.

(d) Conviction shall mean the order entered on department records after a guilty plea, guilty with explanation plea, finding of guilt after hearing or the mailing of a fine.

(e) [Reserved]

(f) Date of appearance shall mean the date indicated on the summons:

(1) on which a contested hearing is scheduled to be held if a proper plea is entered; or

(2) by which a plea of guilty or guilty with explanation must be made to avoid suspension of license. This date may be changed by the bureau and the motorist notified.

(g) Driver's license shall mean a New York State driver's license issued by the Commissioner of Motor Vehicles and/or the privilege to operate a motor vehicle in New York State as the result of any license issued by another jurisdiction. If a motorist does not have a valid license, a suspension or revocation of license will refer to the privilege of obtaining a driver's license in New York State.

(h) Fine shall mean an amount of money assessed as a civil penalty upon conviction.

(i) Guilty plea shall mean an admission by the motorist that he committed the violation charged.

(j) Guilty with an explanation plea shall mean an admission that the motorist committed the violation charged, but wishes to explain mitigating factors to an administrative law judge. A guilty with an explanation plea, if accepted, results in a conviction, and the appropriate points will be put on the motorist's record regardless of the explanation. The fine schedule on the summons is not applicable to a conviction following a guilty with an explanation plea.

(k) Not guilty plea shall mean a denial of having committed the act charged or an admission of having committed the act charged but denying that it is a violation.

(l) Police officer shall mean any person authorized to issue a summons charging a traffic infraction.

(m) Administrative law judge shall mean an attorney-hearing officer appointed by the commissioner to hear and determine charges of traffic, as provided for in section 225 (3) of the Vehicle and Traffic Law.

(n) Summons shall mean Part III of the ticket packet or that copy of the ticket given to the motorist after the occurrence of the alleged traffic infraction.

(o) Ticket packet shall mean a numbered multipage form consisting of a complaint, a court appearance ticket, the bureau summons and the notice of violation for parking offenses (optional).

(p) Traffic infraction shall mean any traffic violation below the grade of misdemeanor. For the purposes of these regulations, traffic infraction shall not include a violation of subdivision one of section 1192 of the Vehicle and Traffic Law, a violation of paragraph (b) of subdivision one of section 1194 of such law, a violation of 17 NYCRR 600.4(b) and (c), or a violation relating to parking, stopping or standing, or a pedestrian offense. A traffic infraction is not a criminal offense.

Part 122 The Ticket, Summons And Complaint

N.Y. Comp. Codes R. & Regs. Tit. 15 § 122.1 Authorization

Pursuant to section 226 of the Vehicle and Traffic Law, the commissioner hereby prescribes the form of summons and complaint to be used for all traffic violations specified in subdivision 1 of section 225 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 122.2 Specifications of the ticket packet

(a) The ticket packet shall be a multipage form of at least three parts, approximately 41/4 inches wide and 81/2 inches high, including a half-inch stub for binding across the top.

(b) A serial number, in a series, form and color approved by the commissioner, shall be printed at the top of each part.

(1) motorist's name;

(2) address;

(3) date of birth;

(4) sex;

(5) license identification;

(6) vehicle description;

(7) registration information;

(8) violation description;

(9) time and place of appearance; and

(10) complainant's name and affiliation.

(d) The appearance ticket shall be returnable to a local court having concurrent traffic jurisdiction and shall contain space for recording the same information as Part I, in addition to the warning contained in section 1807, Vehicle and Traffic Law. The reverse side shall include instructions for answering the summons.

(e) The summons shall contain space for recording the same information as Part I, in addition to the warning contained in section 1807, Vehicle and Traffic Law. The reverse shall contain a plea form and instructions for answering said summons.

(f) The appearance ticket and the summons shall be Parts II and III, but may be placed in either order.

(g) Part IV, the notice of violation, if applicable, shall contain such information as desired by the parking violations bureau of the jurisdiction involved.

(h) No ticket shall be used unless the type, color, form and layout are approved by the commissioner.

(i) Any objection to the form of ticket shall be made to an administrative law judge at the time of pleading. It shall be presumed that any ticket used by a police officer has been approved by the commissioner. Rebuttal of such presumption will be sustained where the objector proves by clear and convincing evidence that the ticket in question was not authorized for use by the commissioner.

(j) Electronic ticketing.

(1) In lieu of issuing traffic tickets to enforcement agencies, as provided in this Part, the commissioner may authorize law enforcement agencies to print any or all parts of the ticket packet and/or transfer the information contained thereon electronically. Such printing and/or transfer of information shall be authorized in all areas of the State of New York under the jurisdiction of the traffic violations bureau, as set forth in Vehicle and Traffic Law, article 2- A.

(2) Authorization to print any or all parts of the ticket packet and/or transfer information electronically shall not preclude any police agency from using paper ticket packets issued as provided in this Part.

(3) The format of ticket issued in an electronic form must conform substantially to a paper ticket, as prescribed by this Part. In addition, each ticket must have a unique and sequential identifying number assigned or approved by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 122.3 Police agency procedures and reports

(a) Ticket supply.

(1) The police agencies in the jurisdictions in which a bureau exists shall secure and maintain a sufficient supply of tickets for distribution to all police officers empowered to issue tickets for violations occurring within each such jurisdiction.

(2) Each police agency shall maintain by serial number a record of tickets received.

(b) Distribution of tickets by police agencies.

(1) Each agency receiving tickets and the Division of State Police shall be responsible for the assignment of tickets to police officers under its command.

(2) Tickets shall be assigned to police officers in consecutive series order.

(c) Recordkeeping. Each police agency shall maintain a control record of all tickets assigned to police officers under its jurisdiction and a record of the disposition of all summonses and complaints, appearance tickets and notices of violation issued.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 122.4 Police officer procedures

(a) Issuance of summons and complaint. When a summons and complaint is issued for a traffic infraction, the police officer shall complete the appropriate portions of Part I and deliver the summons to the alleged violator. Any variation from this procedure shall not affect the validity of any summons or complaint unless such variation results in a denial of due process.

(b) If a ticket or any part of it is mutilated or voided, the police officer to whom it was assigned shall return all parts of the ticket to his command.

(c) Lost ticket. If a ticket or any part of it is lost, the police officer to whom it was assigned shall file with his command a report as to the loss of the ticket, together with any parts of the ticket which have not been lost.

(d) Safeguarding of tickets. Each agency to which tickets are issued shall maintain secure facilities for the storage of all tickets held by them.

(e) Reports. Each agency using such tickets shall make a report to the commissioner of all tickets secured by such agency and all summonses and complaints, appearance tickets and notices of violation issued. Such report shall be made as required by the commissioner.

(f) Delivery of Part I. The agency shall segregate Part I of all tickets issued, by court or bureau before which it is returnable, and shall deliver the same to the appropriate court or bureau. The method of delivery to the bureau will be in accordance with instructions given by the commissioner to each agency.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 122.5 Disposition of complaint

(a) All complaints (Part I) forwarded to the Albany office of the Department of Motor Vehicles will be maintained in the department's files for at least four months after disposition of the charge.

(b) Part I of each issued ticket which is not properly returnable before the bureau will be delivered to the appropriate court or tribunal.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 122.6 Applicability

The provisions of this Part shall not apply to ticket packets used in the Cities of Buffalo and Rochester. Such ticket packets shall be subject to the specifications and procedures set forth in Part 91 of this Title.

Part 123 Pleas And Appearances

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.1 Pleading generally

The Civil Practice Law and Rules and Criminal Procedure Law are not binding on the bureau. Accordingly, forms of pleadings, motion practice and discovery procedures set forth in those statutes do not apply to any proceedings conducted by this bureau unless specifically authorized by these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.2 Time for pleas

A plea shall be entered within 15 days after the date of receipt of the summons by the motorist. Any mail transaction will be considered timely if post-marked on or before the last day authorized.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.3 Guilty plea

(a) By mail. Unless a personal appearance before an administrative law judge is required by the bureau, a motorist may plead guilty by mail, if he does so on or before the date of appearance, by completing the plea form on the back of the summons. He must mail the summons and a check or money order for the amount specified in the schedule on the summons to:

Traffic Violations Bureau

Plea Unit

Department of Motor Vehicles

P. O. Box 2950-ESP

Albany, NY 12220-0950

If the guilty plea by mail is accepted, the conviction will be entered on the department's records.

(b) In person. Unless a personal appearance before an administrative law judge is required, a motorist may plead guilty by the motorist appearing, or having someone appear for him, on or before the date of appearance at any bureau hearing office. At the same time, the motorist must give the court clerk the summons with the plea form on the back completed and signed by the motorist and the amount of money specified in the schedule on the summons. If the guilty plea is accepted, the conviction will be entered on the department's records. A receipt will be given to the motorist or his representative.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.4 Fine schedule for guilty plea

(a) When a motorist pleads guilty by mail or in person at a bureau hearing office, he or she is required to pay the appropriate fine as follows:

(1) $75 for a first red light violation where such violation occurred on or after May 15, 2003, except that such fine shall be $95 where such violation occurred on or after July 6, 2009; provided, however, such fine shall be $150 in the City of New York where such violation occurred on or after May 15, 2003, except that such fine shall be $190 in the City of New York where such violation occurred on or after July 6, 2009;

(2) $150 for a second red light violation committed within a period of 18 months where such violation occurred on or after May 15, 2003, except that such fine shall be $190 where such violation occurred on or after July 6, 2009; provided, however, such fine shall be $300 in the City of New York where such violation occurred on or after May 15, 2003, except that such fine shall be $375 in the City of New York where such violation occurred on or after July 6, 2009;

(3) $375 for a third red light violation committed within a period of 18 months, where such violation occurred on or after May 15, 2003, except that such fine shall be $470 where such violation occurred on or after July 6, 2009; provided, however, such fine shall be $750 in the City of New York where such violation occurred on or after May 15, 2003, except that such fine shall be $940 in the City of New York where such violation occurred on or after July 6, 2009;

(4) $60 for all speed offenses where the charge is driving 10 miles per hour or less above the speed limit;

(5) $115 for all speeding offenses where the charge is driving at least 11 miles per hour but not more than 30 miles per hour above the speed limit;

(6) $65 for operating an uninspected vehicle, unless the violation is based upon a certificate of inspection which has been expired for 60 days or less, in which case the fine shall be $35;

(7) $40 for any equipment violation;

(8) $95 for operating an unregistered vehicle, or for unlicensed operation, unless the violation is based upon a registration or license which has been expired for 60 days or less, in which case the fine shall be $40; or

(9) $50 for any other traffic infraction, except where otherwise specified by statute.

(b) This fine schedule does not apply if:

(1) the plea is made after the date of appearance;

(2) the motorist appears before an administrative law judge;

(3) the motorist pleads guilty with an explanation; or

(4) the motorist is required by the bureau to appear in person.

(c) In addition to the fine specified in subdivision (a) of this section, a plea of guilty by mail or in person must be accompanied by a mandatory surcharge where required by the provisions of, and in the amount specified in, section 1809 of the Vehicle and Traffic Law or any other applicable statute.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.5 Personal appearance required

(a) A motorist may not plead guilty by mail, and must appear before an administrative law judge on or before the date of appearance, if:

(1) considering the motorist's prior driving record, a conviction on this charge would result in the motorist being considered a persistent violator in accordance with Part 131 of this Title; or

(2) a conviction on this charge would result in a mandatory suspension or revocation of his or her license or driving privileges;

(3) the charge alleges that the motorist was driving 30 miles per hour or more above the speed limit, or any speeding offense where the motorist has been previously convicted of a speeding offense committed within the last six months;

(4) [Reserved]

(5) the charge alleges a violation of section 509 of the Vehicle and Traffic Law, and the motorist has two prior convictions of such section within the preceding 10 years;

(6) the motorist is the holder of a class DJ or MJ driver's license;

(7) the motorist is the holder of a license issued pursuant to section 530 or 1196 of the Vehicle and Traffic Law;

(8) the motorist's license or driving privileges were under suspension or revocation at the time the summons was issued; or

(9) the commissioner so requires, considering the facts and circumstances surrounding the alleged violation.

(b) If a motorist pleads guilty in a case in which a personal appearance is required, the procedure to be followed when he or she appears at a hearing office is the same as for a guilty with an explanation plea.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.6 Guilty with an explanation plea

A guilty with an explanation plea may be made by appearing in person, on or before the date of appearance, at any hearing office and giving to the clerk the summons, with the plea form on the back completed, the driver's license and the conviction stub to the clerk, and then appearing before an administrative law judge. The motorist will then be called by the administrative law judge and he may explain why a fine should be waived or reduced in amount. The explanation may not be that he did not commit the violation. After receiving the explanation and accepting the plea, the administrative law judge will review the motorist's record and determine the appropriate penalty. The fine schedule on the summons is not applicable. The administrative law judge may impose a fine and/or suspend or revoke the driver's license or registration or both as permitted by law. The disposition of the case will then be recorded as in the case of the guilty plea. Once the administrative law judge announces the penalty, the plea may not be withdrawn. A motorist may be represented by an attorney or, in the administrative law judge's discretion, any other person designated as the motorist representative.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.7 Not guilty plea

(a) By mail. A motorist may plead not guilty by mail, if he or she does so within 15 days after receipt of the summons, by filling in the plea form on the back of the summons, and mailing the summons to:

Traffic Violations Bureau

Plea Unit

Department of Motor Vehicles

P. O. Box 2950-ESP

Albany, New York 12220-0950

An acknowledgment of the not guilty plea will be sent by mail to the motorist, who must appear on the date and time and at the hearing office designated in the acknowledgment. The police officer will also be notified to attend and a hearing will be held.

(b) In person. A motorist may plead not guilty in person, within 15 days after receipt of the summons, by appearing personally, or by having someone appear for him or her, at any hearing office and giving the summons, with the plea form on the back completed, to the clerk, who will then schedule the hearing and give the motorist or his or her representative a written acknowledgment of the plea and notice of the date, time and location of the hearing. The motorist must appear at the hearing at such date, time and location. The police officer will be notified to attend and a hearing will be held.

(c) By telephone. A motorist may plead not guilty by telephone within 15 days after receipt of the summons, by calling the telephone number listed on the summons during business hours and stating such plea to the representative answering the phone. That representative will then cause the hearing to be scheduled and acknowledgment to be sent by mail to the motorist, who must appear at the date and time and at the hearing office designated in the acknowledgment.

(d) A motorist who fails to enter a not guilty plea, as set forth in this section, within 35 days of receipt of the summons shall be subject to a default conviction as provided for in section 227 (4) of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.8 Failure to plead

If a motorist has not entered a plea on or before the date of appearance, his or her driver's license and/or driving privileges will be suspended. Such a suspension will remain in effect until a guilty plea is made or a not guilty plea is accepted and the suspension is terminated by an administrative law judge.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.9 Late not guilty plea

If a motorist wishes to plead not guilty and the date to enter such a plea, as set forth in section 123.7 of this Part, has passed, he or she must plead in person at any hearing office. The administrative law judge may direct that the suspension continue until the hearing, or require the motorist to post the sum $40 for each ticket for which a plea is sought to be entered as security in order to terminate or withhold any suspension for failure to appear on time; however, in no case shall a bond in excess of $160 be required for multiple tickets arising out of the same incident.

If security is posted, it will be returned when the motorist is found not guilty or the charge is dismissed for any reason or, if the motorist found guilty, when the fine is paid. The security will be forfeited and the driver's license will be suspended if the motorist fails to appear or is not ready to proceed for a scheduled hearing.

Part 124 Hearings

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.1 General procedure; opening statement

(a) Hearings may be scheduled for times including, but not limited to, 8:30 a.m., 10:30 a.m., 1:00 p.m., 2:30 p.m. or 4:30 p.m. The motorist must present his or her summons and all driver's licenses to the clerk. Hearings scheduled for a specific time will be held as soon as practicable after the scheduled time and, where feasible, in the order in which the summonses are given to the clerk. The administrative law judge may vary the order on application showing good cause.

(b) At the beginning of each hearing calendar, the administrative law judge shall make an opening statement to all motorists informing them of hearing procedures and advising them of their rights. Such statement shall be given in such form as the director of administrative adjudication may prescribe and shall include information concerning the order in which the proceeding will be conducted; adjournments; the burden of proof on the people to prove the charge by clear and convincing evidence; the right to the assistance of counsel or other representative; the right to remain silent; the right to present evidence and witnesses in his or her own behalf; the right to cross-examine adverse witnesses; the right to appeal from an adverse determination; and such other matters as the director may prescribe.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.2 Right to representation and to remain silent

(a) The motorist may be represented by an attorney or, in the administrative law judge's discretion, by any other person the motorist chooses. Any person representing the motorist must conform to the standards of conduct required of attorneys appearing before State courts, and failure to conform to these standards will be grounds for declining to permit his or her continued appearance in the proceeding. Wherever a notice is required, notice to either the motorist or the motorist's representative shall suffice as notice to both.

(b) The motorist shall be informed of the right to counsel and the right not to testify. No negative inference will be drawn from the exercise of the motorist's right not to testify.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.3 Consolidation of charges

The administrative law judge may consolidate for hearing some or all of the charges arising out of a single incident. At the close of any hearing in which more than one charge was considered, the administrative law judge will make a separate finding as to guilt or innocence on each charge considered before looking at the motorist's record.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.4 Conduct of hearing; procedure; recusal

(a) The administrative law judge will call the police officer, the motorist, and the attorney or other representative, if any, to the dais. After the charge is read, the police officer will testify. The burden of proving the charge rests with the police officer, who has the obligation to present evidence which is sufficient to establish each material element of the charge by clear and convincing evidence. Other testimony in support of the charge may then be given.

(b) The administrative law judge may question the police officer for the purpose of clarifying evidence already presented; leading questions addressed to material elements of the charge which have been omitted from the police officer's testimony may not be asked.

(c) After the people's case has been presented, the motorist may then testify on his or her own behalf and call witnesses. Any person who testifies may be examined by the administrative law judge and cross- examined by the adverse party. All testimony shall be given under oath or affirmation. The administrative law judge may exclude any witness, except the motorist or police officer, during the testimony of another person. Documentary evidence may be introduced by any party.

(d) When the administrative law judge has received all of the evidence, the police officer and motorist or his or her representative may make a closing statement. The administrative law judge will then consider all the evidence in the record and announce whether or not the charge has been sustained by clear and convincing evidence.

(e) The motorist may request recusal of a presiding administrative law judge. The request and the reason for it must be stated to the presiding administrative law judge at the commencement of the hearing or as soon after the beginning as the motorist receives information which forms the basis for such request. An administrative law judge's denial of a request for recusal is appealable provided a hearing determination is subsequently made which is appealable by the requestor to the Traffic Violations Appeals Board pursuant to article 2-A of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.5 Rules of evidence

(a) The rules governing receipt of evidence in a court of law shall not apply in hearings except as provided by this section.

(b) On the merits of the charge, and whether or not a party objects, the administrative law judge shall exclude from consideration the following:

(1) a privileged communication;

(2) evidence which, for constitutional reasons, would not be admissible if the case were tried in the court which has concurrent jurisdiction with the bureau over such case; provided however, the provisions of this paragraph shall not apply to business records admissible under Civil Practice Law and Rules section 4518 in a proceeding in which such rule applies;

(3) evidence of prior misconduct, incompetency or illness, except where such evidence would be admissible if the case were tried in the court which has concurrent jurisdiction with the bureau over such case;

(4) evidence which is irrelevant or immaterial.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.6 Post-hearing procedure

(a) Not guilty finding. If the administrative law judge finds the motorist not guilty, the clerk will enter the finding and the motorist's license will be returned.

(b) Guilty finding. If the administrative law judge finds the motorist guilty, the clerk will enter the finding and the administrative law judge will examine the motorist's driving record as it appears on the official records of the department. The motorist may explain any conviction on such driving record which the administrative law judge is considering or make any relevant statement. The administrative law judge will then announce the penalty, if any, to be imposed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.7 Penalties

(a) After a guilty finding, the administrative law judge may impose any penalty authorized by the Vehicle and Traffic Law, including suspension or revocation of a driver's license and/or motor vehicle registration, but not including imprisonment.

(b) The administrative law judge will inform the motorist of any penalty imposed and of the right to appeal a finding of guilty.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.8 Motorist's failure to appear for hearing

Any motorist who does not appear for a hearing within one hour after the time for which the hearing has been scheduled, will be deemed to have failed to appear and such motorist's license will be suspended until a rescheduled hearing is held or, in the administrative law judge's discretion, security is posted.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.9 Police officer's failure to appear for hearing

(a) If the police officer does not appear for a hearing without providing at least seven days notice to the bureau, the charge shall be dismissed, unless such failure to appear was the result of:

(1) a death in the police officer's family;

(2) illness or injury of the police officer;

(3) the police officer being required to immediately respond to a crime or violation;

(4) a conflicting court appearance by the police officer; or

(5) a police emergency.

(b) In addition to the provisions of subdivision (a) of this section, no charge shall be dismissed based upon the first failure of the police officer to appear for a hearing if the charge is one for which the motorist is required to personally appear pursuant to section 123.5 of this Title.

(c) In unusual or exceptional circumstances, the administrative law judge may vary the procedures provided for in subdivision (a) or (b) of this section.

(d) If a hearing has been adjourned for one of the reasons specified in subdivision (a) or (b) of this section, and the police officer fails to appear for such adjourned hearing without providing at least seven days notice to the bureau, the provisions of subdivisions (a) and (b) of this section shall not apply, and such charge shall be dismissed, unless the administrative law judge determines that a substantial traffic safety hazard would result from the dismissal.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.10 Request for a rescheduled hearing

(a) Telephone. The motorist may request the first rescheduled hearing date by telephone at least one day before the hearing date by calling the telephone number listed on the traffic summons issued to such motorist.

(b) By mail. The motorist may request the first reschedule hearing date by mailing his or her request to the Traffic Violations Bureau Plea Unit, P.O. Box 2950-ESP, Albany, NY 12220-0950 at least 10 days before the scheduled hearing date. Any mail transaction will be considered timely if postmarked at least 10 days prior to the scheduled hearing date. The motorist will be notified by mail of the rescheduled hearing date.

(1) Prior to the date of hearing.

(i) The motorist may request a first or second rescheduled hearing date by appearing in person, or through a representative appearing in person, at least one day before the scheduled hearing date, at any hearing office; provided, however, if the request is for a second rescheduled hearing date, the administrative law judge shall only grant the rescheduled hearing for good cause shown.

(ii) For a third or subsequent request for a rescheduled hearing date, the motorist or his or her representative must appear at the hearing office where the hearing is scheduled to be held. The administrative law judge shall only grant the rescheduled hearing for good cause shown.

(2) On the date of hearing. When a motorist or his or her representative wishes to reschedule a hearing on the date of the scheduled hearing, the motorist or his or her representative must make such request before an administrative law judge at the hearing office where the hearing will be held; provided however, should the motorist or his or her representative appear on the date of the hearing at a hearing office other than the office at which the hearing is scheduled to be held, a senior administrative law judge may, in his or her discretion, grant a rescheduled hearing. All requests for a rescheduled hearing made on the date of the hearing shall only be granted for good cause shown.

Part 125 Miscellaneous

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.1 Posting of security

Section 226 (2) of the Vehicle and Traffic Law provides that, in order to enter any not guilty plea, the motorist must post security in the amount of $40. This provision is suspended so that if the plea is made on time, security need not be posted.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.2 Payment of fine

(a) Except as provided in subdivisions (b) through (d) of this section, all fines are due and payable immediately. If the fine is not paid immediately, the driver's license or operating privilege will be suspended, and the registration or privilege of operation may be suspended as provided by law, until full payment is made.

(b) For good cause, the administrative law judge who adjudicates a summons or the senior administrative law judge in charge, may grant an adjournment for payment of up to 30 days after entry of the determination.

(c) In any case where an adjournment for payment has been granted pursuant to subdivision (b) of this section, a senior administrative law judge in charge may grant one additional adjournment for payment for not more than 60 days; provided, however, that where the total of all penalties payable by one motorist exceeds $1,000, such additional adjournment may be for a period of up to five months.

(d) In determining whether there is good cause to grant an adjournment for payment, the administrative law judge or senior administrative law judge shall consider the motorist's ability to pay the fine immediately and whether there is a reasonable likelihood that payment will be made within the extended time period. In any case in which the motorist is subject to penalties arising from two or more charges, the granting of an adjournment for payment on any particular charge may be conditioned on the immediate payment of the penalty or penalties arising from one or more different charges.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.3 Delay of suspension and revocation

If an administrative law judge suspends or revokes a motorist's license or registration as part of the penalty imposed for a violation, the start of the period of suspension or revocation will be delayed for 30 days unless the administrative law judge determines that a substantial traffic safety hazard would result from the delay. The motorist may waive the 30-day delay, in which case the suspension or revocation will take effect at 12:01 a.m. the following day. If the motorist does not surrender his or her license or number plates by the effective date of the suspension or revocation, the order will be in effect, but credit for the suspension or revocation period shall be computed only from the date of surrender.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.4 Transfer of cases

If a complaint made returnable before the bureau alleges an offense other than a traffic infraction, the complaint will be transferred to a tribunal of appropriate jurisdiction.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.5 Dismissal of certain cases

(a) In addition to charges subject to the provisions of section 124.9 of this Title, the following charges shall be subject to dismissal without a hearing:

(1) Unlicensed operator and unregistered vehicle charges. If department records show the motorist to have been licensed or the vehicle to have been registered at the time the summons was issued, the charge will be dismissed, and the motorist will be notified of the dismissal. If a motorist is not advised of a dismissal prior to the appearance date, the motorist must appear and present proof of valid licensing or registration to an administrative law judge, who will dismiss the charge if proof is acceptable.

(2) Equipment defects. If the motorist is charged with any violation in respect to equipment required by law, other than a violation relating to service brakes or where at least one headlamp is not lighted and adjusted as required by law, and the motorist presents documentary proof of repair as required by section 376-a of the Vehicle and Traffic Law, the charge will be dismissed and the motorist will be notified of the dismissal. Section 376-a requires that repairs be completed before one-half hour after sunset on the next business day after the violation is committed and that the proof be presented on or before the date of appearance.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.6 Motion to vacate judgment

(a) Within six months of entry of a conviction, a motorist may request that the determination be vacated. The request shall be made, in writing, to the senior administrative law judge in the area in which the violation was found to have occurred. The request must be accompanied by documentary evidence which was not reasonably available at the time of determination or appeal and may be made only with regard to the following determinations and circumstances:

(1) Passing a red light or disobeying any other traffic control device. The motorist must submit proof from the appropriate traffic control authority that, within 24 hours of the violation, not including holidays and weekends, the device was reported to be malfunctioning, inoperable or in need of repair, and that such authority subsequently corrected such defect or made such repair or remedied such defect. The violator must include an explanation as to why such proof was not reasonably available at the time of determination or appeal.

(2) Uninsured or permitting uninsured operation. The violator must submit a letter, indicating appropriate insurance coverage on the date in question, from an insurance company or from the appropriate regulatory or governmental agency. A letter from an insurance agent will not be acceptable. The violator must include an explanation as to why such proof was not reasonably available at the time of determination or appeal.

(3) Unregistered or permitting unregistered operation. The violator must submit a document or letter from the issuing authority showing proper registration, at the time of the violation, in this State or in the state of residence if different from this State. The violator must include an explanation why such proof was not reasonably available at the time of determination or appeal.

(4) Unlicensed operation, permitting unlicensed operation, aggravated unlicensed operation or permitting aggravated unlicensed operation. The violator must submit a letter from the licensing authority or authorities verifying that the operator of the vehicle had, at the time of the violation, a valid New York or out-of-state driver's license that was not suspended, revoked or canceled. The violator must include an explanation as to why such proof was not reasonably available at the time of determination or appeal.

(b) In the discretion of the senior administrative law judge, a motion to vacate may be granted, denied or remanded for a hearing and determination on any issue of fact or evidentiary issue raised by the motion.

(c) No motion to vacate judgment may be made if the violator has pending an appeal, pursuant to Part 126 of this Title, and has submitted, as part of the appeal, the evidence set forth in subdivision (a) of this section, nor if such an appeal, accompanied by such evidence, has resulted in affirmance of the determination by the appeals board.

(d) The denial of a motion made pursuant to this section shall be appealable to the Traffic Violations Appeals Board established pursuant to article 2-A of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.7 Exceptions

The commissioner or deputy commissioner and counsel, the director of the division of hearing and adjudication or a supervising administrative law judge, may permit deviations from the provisions of this Subchapter where they are satisfied that the specific circumstances involved in any situation would result in a subversion of the intent of article 2-A of the Vehicle and Traffic Law if this Subchapter were to be strictly applied.

Part 126 Appeals And Judicial Review

N.Y. Comp. Codes R. & Regs. Tit. 15 § 126.1 Appeals board

(a) A Motor Vehicle Appeals Board consisting of attorneys and counselors at law is hereby established, under the supervision of the commissioner, to consider and determine appeals filed pursuant to article 2-A of the Vehicle and Traffic Law. Each such appeal shall be considered by members of the board sitting as a panel. Each panel shall consist of three members designated as hereinafter provided. Hearing officers may be designated as members of each panel. At least two votes shall be required to take final action on each appeal. (Appeals filed pursuant to article 3-A of the Vehicle and Traffic Law shall be reviewed in accordance with the regulations prescribed in Part 155 of this Title.)

(b) Any post-hearing application in the Traffic Violations Bureau, such as normally would be made to a trial court in a judicial proceeding, must be processed as an appeal. Applications and rulings made prior to the hearing date may be considered for appeal only if they are noted upon the record made when the subject case is called and actually heard by a hearing officer.

(c) General direction and supervision of the Appeals Board shall be exercised by the chairman of the Motor Vehicle Appeals Board, who shall designate the individual members and presiding officers of the various panels and shall be the presiding officer of any panel of which he is a member. The vice-chairman of the Motor Vehicle Appeals Board shall assist the chairman in the general direction and supervision of the Appeals Board, perform the functions of the chairman in the absence of the chairman and, unless the chairman shall also be a member of the panel, shall be the presiding officer of any panel of which he is a member.

(d) Members of the public, attorneys and interested parties may obtain information or make submissions or requests concerning appeals by writing to: Information may be obtained by telephone at (518) 474-1052.

Appeals Board

Department of Motor Vehicles

P. O. Box 2935

Albany, NY 12220-0935

N.Y. Comp. Codes R. & Regs. Tit. 15 § 126.2 Fees, transcripts, procedures

(a) Appeals fee. A fee of $10, which shall not be refundable, must be paid at the time an appeal is filed.

(b) Dismissal of appeal. Upon the failure to pay the $10 appeal fee or dishonor of any instrument offered to make such payment, the appeal shall be dismissed.

(c) Filing of transcript. A transcript will be considered to have been filed in a timely fashion if proof is submitted that the transcript has been ordered by the appellant and that the payment for same has been made by the appellant to the firm which transcribes such hearing pursuant to contract between it and the Department of Motor Vehicles. Proof that the transcript has been ordered shall consist of a receipt or acknowledgment of the placement of the order by the contractor. Upon receipt of the order, the contractor shall advise the appellant of the required deposit or the cost of obtaining the transcript. Payment for the completed transcript shall be made by the appellant within 15 days after receipt of the billing. In the event the transcript is not fully paid for within the 15-day period, the transcript will be deemed not filed in a timely fashion, the review of the determination requested will be denied and appellant will be deemed to be appealing the penalty only. However, where an appeal is initially taken of penalty only, the appellant thereafter and not later than 45 days after the date of determination may elect to request a full review of the determination and order a transcript of the hearing.

(d) Transcript cost. The cost of such transcript which is payable by the appellant to the contractor shall be the amount as contained in the contract between the department and the independent contractor.

(e) Submission of appeals. An appeal must be filed, on the form prescribed for such purposes, not later than 30 days following the date of the determination, or of the acceptance of a plea of guilty, as the case may be, excluding the date of such action. An appeal shall be considered fully filed and submitted for consideration by the board upon the conclusion of the following: the filing of the notice of appeal, the filing of a completed transcript and the filing of any further arguments by the appellant in support of his appeal.

(f) Presumption of mailing and delivery. All necessary notices may be mailed from the Appeals Board via first class mail to appellant's address as shown on his appeals form, or--if notice of change of address be delivered via certified mail to the Appeals Board, at the address given in section 126.1 of this Part-- to the address specified in such notice. Mailing via first class mail in the regular course of business shall be presumed to have occurred on the date shown in the records of the Appeals Board as the date of any notice, bill or other correspondence addressed to appellant or his representative. All such mail and all notices contained therein shall be deemed delivered on the fourth day following the date of such notice, bill or other correspondence.

(g) Arguments and materials. Oral argument of the appeal is not permitted. Evidence, exhibits or documents not submitted to and considered by the hearing officer may not be filed with the appeal and will not be reviewed by the Appeals Board. A brief or written argument in support of the appeal may be submitted and must be filed with the Appeals Board within 15 days after the filing of the transcript. At such time, the appeal will be considered fully submitted and ready for consideration by the Appeals Board (sections 126.2[e] and 126.4 of this Part). Upon written request and for good cause shown, the chairman or the vice-chairman of the Appeals Board may grant an extension of time in writing to the appellant for submission of additional arguments in support of the appeal. In the event that an extension is granted to submit such argument, the time for determination of the appeal shall automatically be extended (section 126.4) by a like period.

(h) Proof of mailing and payment. All papers submitted by properly addressed mail and actually received at the office of the board will be treated as timely if the wrapper bears a legible postmark evidencing receipt by the post office within the time limited. All mail received by the board will be datestamped and, in the absence of legible postmark or other U.S. postal record, will be treated according to the actual date of receipt demonstrated by the records of the board. Proof of payment of required fees and costs may be made only by actual receipts issued by the board or by production of negotiable instruments actually presented and collected by the board.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 126.3 Appeals without transcript

An appeal without transcript may be submitted only when the only issue is the appropriateness of the penalty imposed. When an appeal is so submitted, the decision of the board shall be final. Such appeal shall be deemed fully submitted when filed; provided, however, that when a transcript be later submitted, the provisions of section 126.2(e) of this Part shall then determine the date of final submission.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 126.4 Determinations

(a) The Appeals Board shall issue a determination in the form of a letter to the motorist within 60 days of the date an appeal is finally submitted. In the event the imposition of the suspension or revocation of a license or registration has been delayed by a hearing officer pursuant to section 124.6 of this Title, such delay will be extended at the office of the Appeals Board by issuance of a stay order until a determination of the appeal has been issued. If a determination has not been made within 30 days after an appeal has been finally submitted, a stay of any revocation or suspension will be issued by the Appeals Board pending a final determination. In the discretion of the Appeals Board, an order staying a revocation or suspension may be issued pending final determination of an appeal at any time in the interests of justice.

(b) Demand for determination. If the Appeals Board does not issue a determination within 60 days of the date an appeal is finally submitted, the appellant may serve a demand for determination. Such notices must be served via certified mail to the Appeals Board, at the address given in section 126.1(d) of this Part. Upon receipt of such demand, the board must issue its determination within 45 days, excluding the date of receipt, or the appeal shall be deemed granted. The chairman or the vice-chairman shall issue all necessary orders to give effect to such grant and shall so notify the appellant.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 126.5 Judicial review

A determination of an appeal may be reviewed pursuant to article 78 of the Civil Practice Law and Rules.

Part 127 Safety Hearings

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.1 Notice of hearing; answers

(a) Generally. All parties shall be given reasonable notice of a hearing. The notice shall include (1) a statement of the time, place and nature of the hearing, (2) a statement of the legal authority and jurisdiction under which the hearing is to be held, (3) a reference to the particular sections of the statutes and regulations involved, where possible, (4) a short and plain statement of the matters asserted, (5) a statement that interpreter services will be made available, upon request of a deaf respondent, at no charge, (6) a statement that a party may be represented by counsel and (7) a statement of other rules and rights contained in the Department's Administrative Adjudication Plan pursuant to Executive Order 131, section III(B)(11). No pre-hearing answers or responsive pleadings are permitted.

(b) In a hearing initiated through a complaint or investigation of the Division of Vehicle Safety, notice shall be mailed at least 30 days prior to the scheduled date of the hearing, unless a hearing is required by law to be held at an earlier time. Notices of vehicle safety hearings shall be mailed by first class mail, unless otherwise required by the Vehicle and Traffic Law, to the respondent at his or her last-known address on file with the department.

(c) Except for hearings scheduled by a court or hearings governed by subdivision (b) of this section, it is the department's policy to mail notices of hearings at least 14 days prior to the scheduled date of the hearing, unless a hearing is required by law to be held at an earlier time. A notice of hearing shall be mailed by first-class mail to the respondent at his or her last-known address on file with the department unless a different method of service is required by law. Any notice not returned by the post office for nondelivery shall be presumed received by the respondent.

History

Amended New York State Register November 2, 2016/Volume XXXVIII, Issue 44, eff. 11/2/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.2 Time and place of hearing

(a) All hearings, whether scheduled by the department or by a court, shall be commenced at the time and place specified in the notice of hearing, or as soon thereafter as is practicable.

(b) Except as provided in subdivision (c) of this section, hearings shall be commenced within the following time limitations:

(1) for a vehicle safety hearing, 12 months from the filing of a complaint or, where no complaint is filed, from the initiation of the department's investigation;

(2) for a chemical test refusal hearing, six months from the date the department receives notice of refusal;

(3) for a hearing to investigate a fatal accident, 12 months from the date of death;

(4) for any other hearing not required by law, one year form the department's receipt of the facts which give rise to the hearing; and

(5) notwithstanding any of the above provisions, for any hearing, other than a chemical test refusal hearing or a temporary suspension pending hearing imposed pursuant to section 415 (9-a) of the Vehicle and Traffic Law, where a temporary suspension pending such hearing is in effect, 30 days from the effective date of such suspension.

(c) If the department has reasonable grounds for postponing the commencement of a hearing in excess of the time limitations specified in subdivision (b) of this section, such hearing may be commenced as soon thereafter as is practicable, provided the respondent is given prior notice thereof and an explanation of the grounds for such postponement. The reasonableness of such postponement shall be reviewable by the Administrative Appeals Board established pursuant to article 3-A of the Vehicle and Traffic Law or the Repair Shop Review Board established pursuant to article 12-A of such law, provided an appealable determination is subsequently made.

(d) Any time during which the department has offered a respondent a waiver of hearing contingent on the respondent's acceptance of a penalty specified by the department shall not be considered in calculating the time limitations set forth in subdivision (b) of this section.

(e) Any time following a general audit of a facility, during which a facility is given an opportunity to correct deficiencies noted in such audit, shall not be considered in calculating the time limitations set forth in subdivision (b) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.3 Suspensions pending hearing

(a) Whenever the department suspends a license, privilege or permit pending a hearing, the respondent shall be provided with a notice of suspension, mailed to the respondent's last known address on file with the department. Such suspension shall specify the time and place at which the hearing is scheduled to be held.

(b) Except as otherwise provided in subdivision (d) of this section, no suspension pending a hearing shall be issued unless:

(1) the scheduled hearing date is no later than 30 days from the date of such suspension, or no later than 10 days if such suspension is imposed pursuant to section 415 (9-a) of the Vehicle and Traffic Law and either:

(2) for a vehicle safety hearing or other hearing involving a business licensed or regulated by the commissioner, the commissioner has reasonable grounds to believe that such suspension is necessary to prevent continuing violations; or

(3) for hearings involving a driver's license or privilege, the commissioner has reasonable grounds to believe that the respondent, if allowed to continue to drive, would pose an unusual or immediate risk upon the highways.

(c) A statement specifying the basis for the commissioner's determination that such suspension satisfies the criteria set forth in subdivision (b) of this section shall be provided to the respondent.

(d) This subdivision shall not apply to the following: temporary suspension pending chemical test refusal hearings mandated by section 1194 of the Vehicle and Traffic Law; suspensions issued pursuant to section 127.7(e) of this Part upon adjournment of a hearing; suspensions issued pursuant to section 127.8 of this Part following a respondent's failure to appear at a hearing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.4 Appearances

(a) A respondent may be represented by counsel or, in the discretion of the hearing officer, by any other person of his or her choosing. Any person representing the respondent must conform to the standards of conduct required of attorneys appearing before courts of this State. Failure to conform to such standards shall be grounds for prohibiting the continued appearance of such person on behalf of the respondent.

(b) A complainant or witness may be represented by counsel or other representative. However, the ability of the complainant, witness or such counsel or representative to question and/or cross-examine witnesses may be limited or prohibited by the hearing officer if, in his or her discretion, the hearing officer feels that such questioning or cross-examination is irrelevant or unduly repetitious.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.5 Conduct of hearings; recusal

(a) A respondent or designated representative may request recusal of an assigned hearing officer. The request and the reason for it must be made to the assigned hearing officer at the beginning of the hearing or as soon thereafter as the requestor receives information which forms the basis for such request. Denial of a request for recusal shall be reviewable by the Administrative Appeals Board or Repair Shop Review Board under procedures established pursuant to articles 3-A and 12-A of the Vehicle and Traffic Law, provided a final, adverse determination is subsequently made which is appealable by the requestor to the appropriate board.

(b) At the hearing, the respondent or his or her designated representative may admit or deny any allegation made in the notice of hearing. Any matter which has been stipulated to or admitted on the open record by the respondent shall be deemed proven. Failure to respond to any allegation shall be deemed a denial of such allegation, and under no circumstances shall the respondent be compelled to testify. However, the hearing officer may draw a negative inference from the failure to testify.

(c) The order of proof at a hearing shall be determined by the hearing officer. Testimony shall be given under oath or affirmation. The hearing officer, in his or her discretion, may exclude any witnesses, other than a respondent or a representative of the department, if one is present, during other testimony. The hearing officer may also admit any relevant evidence in addition to oral testimony. Any witness may be questioned and/or cross-examined by the hearing officer, by his or her own counsel or representative, and by the party who did not call the witness.

(d) At the conclusion of all proceedings necessary to determine whether the respondent has violated any of the provisions of the Vehicle and Traffic Law or these regulations, the hearing officer must, as provided in section 127.10 of this Part, either render or reserve decision. At such time, the hearing officer shall advise the respondent that, for the sole purposes of establishing an appropriate penalty, the respondent may offer any relevant comments or testimony regarding respondent's prior record as provided by or revealed to the hearing officer.

(e) The provisions of sections 124.1(b), 124.2(b) and 124.4(a) through (e) of this Title shall be applicable to hearings held under section 1194-a of the Vehicle and Traffic Law relating to a charge of a violation of section 1192-a of such law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.6 Evidence; discovery

(a) Prior to a hearing, a respondent may make a request to review nonconfidential information in the hearing file including information which is not protected by law from disclosure. If the file has been sent to the hearing officer or is scheduled to be sent within seven days of receipt of a request by the Safety Hearing Bureau, examination of the information will be arranged by the hearing officer. The examination will be scheduled for a time at least five days prior to the hearing unless a shorter time is mutually agreed between the hearing officer and the requestor. If the file has not been sent to the hearing officer and is not scheduled to be sent within seven days of receipt of a request by the Safety Hearing Bureau, the file will be made available for examination at the Safety Hearing Bureau before the usual date scheduled for sending the file to the hearing officer. A respondent may elect to examine the file after it is received by the hearing officer rather than while it is in the custody of the Safety Hearing Bureau. If a request to examine the file is received less than seven days prior to the hearing date, the requestor will be afforded an opportunity to examine the file immediately prior to commencement of the hearing or at an earlier time as may be agreed to in the discretion of the hearing officer.

(b) Rules governing the admissibility of evidence in a court of law are not applicable to hearings held by the department. Evidence which would not be admissible in a court, such as hearsay, is admissible in a departmental hearing. The standard of proof at a hearing shall be the preponderance of the evidence.

(c) The privileges set forth in article 45 of the Civil Practice Law and Rules shall be applicable in hearings conducted pursuant to this Part.

History

Amended New York State Register March 30, 2016/Volume XXXVIII, Issue 13, eff. 3/30/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.7 Adjournments

(a) Adjournments of hearings may only be granted by the hearing officer responsible for the particular hearing, or by the Safety Hearing Bureau or the Division of Vehicle Safety, as appropriate.

(b) It is the department's general policy to grant a request for adjournment for good cause if such request is received at least seven days prior to the scheduled date of hearing and if no prior requests for adjournment have been made. Notwithstanding this policy, requests for adjournments made more than seven days prior to hearing may be denied by the hearing officer, or supervisor of the hearing officer or by the Safety Hearing Bureau or Division of Vehicle Safety, in their discretion. Grounds for such a denial include, but are not limited to, such a request being a second or subsequent request for adjournment, or where there is reason to believe such request is merely an attempt to delay the holding of a hearing, or where an adjournment will significantly affect the availability of other witnesses scheduled to testify.

(c) Any motorist or designated representative requesting an adjournment should obtain the name and title of the person granting such request. This information will be required in the event of any dispute as to whether an adjournment was in fact granted. Any request which is not specifically granted shall be deemed denied.

(d) Requests for adjournments within seven days of a scheduled hearing must be made directly to the hearing officer. Such requests will generally not be granted.

(e)

(1) Except as provided for in paragraphs (2) and (3) of this subdivision, in any case where an adjournment is granted, any suspension or revocation of a license, permit or privilege already in effect may be continued pending the adjourned hearing. In addition, in the event no such action is in effect, a temporary suspension of such license, permit or privilege may be imposed at the time the adjournment is granted provided that the records of the department or the evidence already admitted furnishes reasonable grounds to believe such suspension is necessary to prevent continuing violations or a substantial traffic safety hazard.

(2) Adjournment of a chemical test refusal hearings held pursuant to Vehicle and Traffic Law, section 1194. W here an adjournment of a chemical test refusal hearing is granted at the request of the respondent, any suspension of a respondent's license, permit or privilege already in effect shall be continued pending the adjourned hearing. In addition, in the event no such suspension is in effect when the adjournment is granted, a temporary suspension of such license, permit or privilege shall be imposed and shall take effect on the date of the originally scheduled hearing. Such suspension shall not be continued or imposed if the hearing officer affirmatively finds, on the record, that there is no reason to believe that the respondent poses a substantial traffic safety hazard and sets forth the basis for that finding on the record.

(3) Continuance of a chemical test refusal hearing held pursuant to Vehicle and Traffic Law, section 1194. I f a chemical test refusal hearing is continued at the discretion of the hearing officer, in order to complete testimony, to subpoena witnesses or for any other reason, and if the respondent's license, permit or privilege was suspended pending such hearing, such suspension shall remain in effect pending the continued hearing unless the hearing officer affirmatively finds, on the record, that there is no reason to believe that the respondent poses a substantial traffic safety hazard and sets forth the basis for that finding on the record. If respondent's license, permit or privilege was not suspended pending the hearing, the hearing officer may suspend such license, permit or privilege, based upon the testimony provided and evidence submitted at such hearing, if the hearing officer affirmatively finds on the record that there is reason to believe that the respondent poses a substantial traffic safety hazard and sets forth the basis for that finding on the record.

(4) In addition to any grounds for suspension authorized pursuant to paragraphs (2) and (3) of this subdivision, a hearing officer must impose a suspension or continue a suspension of a respondent's driver's license, pursuant to paragraphs (2) and (3) of this subdivision, if the respondent's record indicates that:

(i) The person has been convicted of homicide, assault, criminal negligence or criminally negligent homicide arising out of the operation of a motor vehicle.

(ii) The person has two or more revocations and/or suspensions of his driver's license within the last three years, other than a suspension that may be terminated by performance of an act by the person.

(iii) The person has been convicted more than once of reckless driving within the last three years.

(iv) The person has three or more alcohol-related incidents within the last 10 years, including any conviction of Vehicle and Traffic Law, section 1192, any finding of a violation of section 1192-a of such law, and a refusal to submit to a chemical test. If a refusal that arises out of the same incident as a section 1192 conviction, this shall count as one incident.

(f) Adjournments of hearings held under section 1194-a of the Vehicle and Traffic Law.

(1) Adjournments of hearings may only be granted by the hearing officer responsible for the particular hearing, by a supervisor of such hearing officer or by the Safety Hearing Bureau.

(2) It is the department's general policy to grant a request for adjournment for good cause if such request is received at least seven days prior to the scheduled date of hearing and if no prior requests for adjournment have been made. Notwithstanding this policy, requests for adjournments made more than seven days prior to hearing may be denied by the hearing officer, or supervisor of the hearing office or by the Safety Hearing Bureau. Grounds for such a denial include, but are not limited to, such a request being a second or subsequent request for adjournment, or where there is reason to believe such request is merely an attempt to delay the holding of a hearing, or where an adjournment will significantly affect the availability of other witnesses scheduled to testify.

(3) Any motorist or designated representative requesting an adjournment should obtain the name and title of the person granting such request. This information will be required in the event of any dispute as to whether an adjournment was in fact granted. Any request which is not specifically granted shall be deemed denied.

(4) Requests for adjournments within seven days of a scheduled hearing must be made directly to the hearing officer. Such requests will generally not be granted, unless the initial hearing was scheduled less than seven days from the date on which respondent was first notified of the hearing by the police officer.

(5) A temporary suspension of a license, permit or privilege may be imposed at the time a second or subsequent adjournment requested by the respondent is granted provided that the records of the department or the evidence already admitted furnishes reasonable grounds to believe such suspension is necessary to prevent continuing violations or a substantial traffic safety hazard.

(6) Unless an adjournment has been granted, upon the respondent's failure to appear for a scheduled hearing, the commissioner shall suspend the license or permit to drive or nonresident operating privilege until the respondent petitions and a rescheduled hearing is conducted. If the rescheduled hearing is adjourned at the request of a person other than the respondent, the respondent's license or privilege shall be restored by the commissioner.

(7) If a police officer does not appear for a hearing, the hearing officer shall have the authority to dismiss the charge. A respondent shall have the right to waive a hearing.

(8) If the respondent fails to appear at a hearing, the hearing shall be rescheduled and no testimony shall be taken in the respondent's absence.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.8 Failure to appear; waiver

Except as provided in section 127.9 of this Part, in any case where no adjournment is requested or, if requested, is not granted, the respondent's failure to appear shall be deemed to be a waiver of hearing. Any person who is deemed to have waived a hearing under these circumstances may request a rehearing within a reasonable time, which shall, if such request is granted, be held as soon as is practicable. However, any action taken at the original hearing, or in effect at that time, may be continued pending such rescheduled hearing. No rehearing will be scheduled as a substitute for an appeal pursuant to section 127.12 of this Part. Upon a respondent's failure to appear, the referee may receive the testimony of available witnesses and enter evidence into the record. A respondent who has waived a hearing by failing to appear may be suspended pending attendance at an adjourned hearing or a final determination; provided, however, when a respondent is suspended pending hearing pursuant to section 398-f (1)(b) of the Vehicle and Traffic Law, such suspension shall be terminated upon the respondent's attendance at such hearing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.9 Chemical test refusal hearings

(a) Chemical test refusal hearings are required to be scheduled by the court which arraigns the respondent on a related charge of a violation of section 1192 of the Vehicle and Traffic Law, but may be scheduled by the department if the court fails to do so. Notwithstanding the fact that such hearings may be held less than seven days from the date on which the respondent is arraigned in court, requests for adjournments of chemical test refusal hearings are governed by section 127.7 of this Part.

(b) If no adjournment has been granted, and the respondent fails to appear for a scheduled hearing, the respondent's failure to appear shall be deemed to be a waiver of hearing. Respondent may petition for a rehearing, pursuant to section 127.8 of this Part and section 1194-2(c) of the Vehicle and Traffic Law. If such a rehearing is granted, it shall be the responsibility of the respondent to insure the presence of any witness he or she wishes to question or cross-examine.

(c) If the respondent appears for a first scheduled chemical test refusal hearing, and the arresting officer does not appear, the matter will be adjourned and any temporary suspension still in effect shall be terminated. At any subsequent hearing, the hearing officer may make findings of fact and conclusions of law based upon the chemical test refusal report and any other relevant evidence in the record, notwithstanding the police officer' s nonappearance.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.10 Decisions

(a) The hearing officer may announce his or her decision at the conclusion of the hearing or may reserve decision. A written determination of the case, specifying the findings of fact, conclusions of law and disposition, including any penalty or penalties imposed, shall be sent to the respondent and his or her designated representative by first-class mail.

(b) Except where otherwise specified by statute, the effective date of any penalty or sanction shall be a date established by the hearing officer, which shall in no event be more than 60 days from the date of the determination.

(c) If the hearing officer does not render a decision within 45 days of the conclusion of the hearing, the respondent may serve a demand for decision on the hearing officer. Upon receipt of such demand, the hearing officer must render a decision within 45 days, or the charges shall be deemed dismissed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.11 Effect of other laws

(a) The provisions of the Criminal Procedure Law are not binding upon the conduct of administrative hearings. Except as provided in subdivision (b) of this section and section 127.6(b) of this Part, the provisions of the Civil Practice Law and Rules are not binding upon the conduct of administrative hearings. The provisions of those laws regarding forms of pleading, motion practice, discovery procedures, including demands for bills of particulars, and other matters are not applicable to hearings conducted in accordance with this Part.

(b) The provisions of section 2302 of the Civil Practice Law and Rules, regarding the issuance of subpoenas, are applicable to hearings conducted in accordance with this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.12 Appeals

Any posthearing application to review a finding or a sanction imposed is an appeal and shall be governed by article 3-A or 12-A of the Vehicle and Traffic Law, as appropriate, and Parts 155 and 82 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.13 Adjudicatory proceedings

(a) This section applies to adjudicatory proceedings conducted pursuant to section 471-a of the Vehicle and Traffic Law.

(b) Request for a hearing. A request for a hearing shall be in writing and made on a form and in a manner prescribed by the commissioner. The request shall contain a short and plain statement of the facts relied upon by the dealer to support a claim that the franchiser has violated one or more specific provisions of article 17-a of the Vehicle and Traffic Law together with a request for a specific remedy other than damages. The request shall be accompanied by copies of all correspondence between the dealer and the franchiser and other documents relevant to the claims made in the request.

(c) Notice of hearing. The dealer and franchiser shall be given reasonable notice of a hearing. The notice shall include:

(1) a statement of the time, place and nature of the hearing;

(2) the addresses of the dealer and franchiser;

(3) the name and address of the presiding officer assigned to the matter;

(4) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(5) a reference to the particular section of the statutes and rules involved, where possible;

(6) a short and plain statement of the matters asserted by the dealer;

(7) a statement advising the franchiser of the right to submit, within 20 days of receipt of such hearing notice, a short and plain statement of answers to the allegations of the request and of facts on which the franchiser relies in defense of such allegations;

(8) a statement advising the dealer of the right to submit, within 20 days of receipt of the franchiser answering statement an additional statement of facts and documentary material only to the extent of answering new matter raised by the franchiser;

(9) a statement that the dealer or franchiser may be represented by counsel; and

(10) a statement that interpreter services will be made available upon request of a deaf person, at no charge.

(d) Time and place of hearing. All hearings shall be commenced at the time and place specified in the notice of hearing, or as soon thereafter as practicable, but in no event sooner than 60 days from the date of the notice.

(e) Disclosure. At least 15 days prior to the commencement of a hearing, each party shall disclose to the other party all documents or other materials, including those that may have been, submit a copy of such disclosure to the presiding officer when disclosure to the other party is made.

(f) Recusal.

(1) A party may request recusal of a presiding officer. The request and the reason for it must be made in writing to the assigned presiding officer at the beginning of the hearing or as soon thereafter as the requestor receives information which forms the basis for such request, whichever occurs first. Denial of a request for recusal shall be reviewable by the Administrative Appeals Board under procedures established pursuant to articles 3-A of the Vehicle and Traffic Law, provided that a final, adverse determination is subsequently made which is appealable by the requestor to the Administrative Appeals Board.

(g) Conduct of hearings; evidence.

(1) The order of proof at a hearing shall be determined by the presiding officer. Testimony shall be given under oath or affirmation. The presiding officer, in his or her discretion, may exclude witnesses. The presiding officer may admit any relevant evidence in addition to oral testimony. Any witness may be questioned and/or cross-examined by the presiding officer, by the witness's counsel or representative, and by the party who did not call the witness.

(2) Rules governing the admissibility of evidence in a court of law are not applicable to hearings held by the department. Evidence which would not be admissible in court, such as hearsay, is admissible in a departmental hearing. The decision of the presiding officer shall be based upon a preponderance of the evidence.

(3) The privileges set forth in article 45 of the Civil Practice Law and Rules shall be applicable to adjudicatory proceedings conducted pursuant to this section.

(h) Adjournments. Adjournments of hearings may only be granted by the presiding officer responsible for the particular hearing, by a supervisor of such presiding officer. It is the department's policy to grant a request for adjournment for good cause if such request is made in writing and received at least seven days prior to the scheduled hearing and if no prior requests for adjournment have been made. Notwithstanding this policy, requests for adjournments made more than seven days prior to hearing may be denied by the presiding officer, or supervisor of the presiding officer, in their discretion. Grounds for such a denial include, but are not limited to, such a request being a second or subsequent request for adjournment, where there is reason to believe such request is merely an attempt to delay the holding of a hearing, or where an adjournment will significantly affect the availability of other witnesses scheduled to testify. Requests for adjournments within seven days of a scheduled hearing must be made in writing directly to the presiding officer. Such requests will generally not be granted. Such requests may be granted in the discretion of the presiding officer for good cause shown.

(i) Failure to appear; waiver. In any proceeding where no adjournment is requested or, if requested, is not granted, the failure of any party to appear shall be deemed to be a waiver of hearing. Upon any party's failure to appear, the presiding officer may receive testimony of available witnesses and enter evidence into the record.

(j) Resolution without a hearing. Either party may request a resolution of the dispute without a hearing. The request must be made in writing and must be received by the presiding officer at least 15 days prior to the scheduled hearing. The request must be accompanied by sufficient information to permit a determination of whether any unresolved material issue of fact exists and may be accompanied by a legal memorandum. A copy of such request and all supporting documentation must be served upon the other party when the request is submitted to the presiding officer. Proof of service upon the other party shall accompany the request to the presiding officer. The other party shall have the opportunity to respond to such request. Such response must be received by the presiding officer within 15 days of receipt of the request for resolution without a hearing. The response may be accompanied by a legal memorandum. A copy of any response must be served upon the requesting party when the response is submitted to the presiding officer. Proof of service upon the requesting party shall accompany the response to the presiding officer. If necessary, in order to allow the presiding officer to evaluate the request for a resolution without a hearing, the presiding officer may adjourn the scheduled hearing, with notice to all parties of the adjournment.

(k) The presiding officer shall render a decision not later than 90 days after the close of the hearing, or, if appropriate, the granting of a request for resolution without a hearing. The decision of the presiding officer shall be based upon the preponderance of the evidence. The presiding officer shall prepare a decision which shall include findings of fact, a determination on each charge, and, in the event of a determination of a violation, the remedy to be ordered.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.14 Non-payment of tolls

(a) This section applies to hearings related to the failure to pay tolls, fees, or other charges or the failure to have such tolls, fees or other charges dismissed or transferred in response to three (3) or more notices of violation or other process issued within a five (5) year period charging the registrant of a motor vehicle with a violation of toll collection regulations, or to the failure of the registrant of a commercial motor vehicle to pay tolls, fees or other charges in the amount of $200 or more, where all such tolls, fees or other charges are accumulated within a five year period.

(b) Upon receipt from a tolling authority, in such form and manner as the Commissioner shall prescribe, that :

(i) the registrant of a motor vehi- cle has failed to pay tolls, fees, or other charges or failed to have such tolls, fees or other charges dismissed or transferred in response to three (3) or more notices of violation or other process issued within a five (5) year period, arising out of violations resulting from toll transactions not occurring on the same day, or

(ii) that the registrant of a commercial motor vehicle has failed to pay tolls, fees or other charges in the amount of $200 or more, where all such tolls, fees or other charges are accumulated within a five year period, the Commis- sioner shall issue a proposed suspension of such person's registration. Such person shall be advised of the right to request a hearing before an administrative law judge, prior to such proposed suspension taking effect.

(c) If such person makes a timely request for a hearing, such suspension shall be held in abeyance pending such hearing. Failure to provide a timely response to such notice shall be deemed a waiver of such hearing, and the proposed suspension shall take effect at the time set forth in such notice. Such notice shall advise the registrant of the penalties enforceable under the law for driving without a valid registration.

(d) Any suspension issued pursuant to this section shall remain in effect until the tolling authority advises, in such form and manner that the Commissioner shall prescribe, that such person has responded to such notices of violation and has paid any unpaid tolls, fees, or other charges to the tolling authority.

(e) For the purposes of this section, "tolling authority" shall mean every public authority which operates a toll highway, bridge and/or tunnel facility as well as the Port Authority of New York and New Jersey, a bi-state agency as created by compact set forth Chapter 154 of the Laws of 1921.

(f) For the purposes of this section, the term commercial motor vehicle shall mean a motor vehicle registered pursuant to Vehicle and Traffic Law sections 401(7)(A), 401(7)(B), 401(7)(F), 401(8) and 405.

History

Adopted New York State Register January 20, 2016/Volume XXXVIII, Issue 03, eff. 1/20/2016

Subchapter J Driver Rehabilitation Programs

Part 131 Point System

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.1 Introduction

Paragraph (d) of subdivision 3 of section 510 of the Vehicle and Traffic Law provides that a license, registration or privilege of operating may be suspended or revoked for habitual or persistent violation of any of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic. Section 523-a of the Vehicle and Traffic Law provides that the commissioner shall establish criteria, based on driving record, for requiring attendance at a driver improvement clinic. The following criteria are established to identify driving records which shall be presumptively deemed to constitute habitual or persistent violation of traffic laws under such statutory provisions.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.2 Point system

Every violation of the Vehicle and Traffic Law or of any local law, ordinance, rule or regulation may be assigned a point value by the commissioner. The point value assigned to such violation shall be added to the violator's driving record upon receipt by the commissioner of a certificate of conviction or a certificate of bail forfeiture. Administrative action shall be taken by the commissioner based upon a motorist's point total as specified in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.3 Point values

(a) All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in subdivision (b) of this section.

(b) Exceptions.

(1) The following violations shall be assigned a point value of 11 points:

(i) any violation involving speeding more than 40 miles per hour over the speed limit;

(ii) any violation involving operation of a motor vehicle while such person's license or privilege is suspended or revoked, including conviction of section 511 of the Vehicle and Traffic Law, and for any other incident of driving during a period of license suspension or revocation; and

(iii) any alcohol- or drug-related driving conviction or incident, as such term is defined by 15 NYCRR § 136.5(a)(1).

(2) The following violations shall be assigned a point value of eight points:

(i) any violation involving speeding more than 30 but no more than 40 miles per hour over the speed limit;

(ii) any violation involving overtaking or passing a stopped school bus;

(iii) any violation involving the operation or movement of a vehicle or a combination of vehicles exceeding height limitations over, under, on, or through highways, bridges or highway structures, or the striking of a bridge or highway structure, pursuant to subdivisions (2) or (14) of section 385 of the Vehicle and Traffic Law; and

(iv) any violation involving driving through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit, pursuant to subdivision (f) of section 1180 of the Vehicle and Traffic Law.

(3) The following violations shall be assigned a point value of six points:

(i) any violation involving speeding more than 20 but not more than 30 miles per hour over the speed limit.

(4) The following violations shall be assigned a point value of five points:

(i) reckless driving;

(ii) any violation involving the use of a mobile telephone or portable electronic device;

(iii) any violation involving a railroad crossing;

(iv) any violation involving facilitating aggravated unlicensed operation of a motor vehicle pursuant to section 511-a of the Vehicle and Traffic Law;

(v) any violation involving failure to exercise due care pursuant to section 1146 of the Vehicle and Traffic Law;

(vi) any violation involving a speed contest or race pursuant to section 1182 of the Vehicle and Traffic Law; and

(vii) any violation involving leaving the scene of a personal injury accident without reporting.

(5) The following violations shall be assigned a point value of four points:

(i) any violation involving speeding more than 10 but not more than 20 miles per hour over the speed limit;

(ii) following too closely; and

(iii) inadequate service brakes, except for such a violation committed by an employed driver during the course of their employment, which shall be subject to the provisions of subdivision (a) of this section.

(6) The following violations shall be assigned a point value of three points:

(i) any violation involving speed except where a different point value has been assigned;

(ii) any violation constituting a failure to yield the right-of-way;

(iii) any violation involving disobeying a traffic control signal or a stop or yield sign;

(iv) any violation involving improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction;

(v) leaving the scene of a property damage incident or injury to an animal without reporting; and

(vi) any violation involving use of safety belts or seats by a child under the age of 16.

(7) The following violations shall not be assigned any point value:

(i) any violation relating to vehicle registration, licensing or insurance;

(ii) any violation relating to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes;

(iii) any parking violation;

(iv) any pedestrian or bicycle violation;

(v) any violation relating to a business or the sale of goods established in the Vehicle and Traffic Law or any local law;

(vi) any other violation not resulting from the operation of a motor vehicle; and

(vii) any violation of section 1110(a) of the Vehicle and Traffic Law relative to the improper use of high occupancy vehicle lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway.

(8) Point values for violations committed on or after July 1, 1988, shall be assigned in accordance with the provisions of this section which became effective on October 12, 1988.

History

Amended New York State Register August 24, 2016/Volume XXXVIII, Issue 34, eff. 8/24/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.4 Administrative action

(a) A motorist may be mailed a letter advising him of the status of his driving record and any possible future action which may be taken in the event of his accumulation of additional points when a motorist has accumulated between four and six points within a 24- month period.

(b) A motorist may be required to attend a driver improvement clinic when he has accumulated between 7 and 10 points within a 24-month period. Failure to attend a driver improvement clinic when required may result in the suspension of the motorist's license as prescribed in Part 132 of this Title.

(c) A motorist may be required to attend a formal hearing to investigate habitual or persistent violation of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic at which suspension or revocation action may be taken against his license when he has accumulated:

(1) eleven or more points within a 24- month period, except when all such points result from a single alcohol- or drug-related driving conviction or incident as defined by paragraph (1) of subdivision (a) of section 136.5 of this Title;

(2) nine or more points resulting from speeding violations within a 24- month period; or

(3) four or more additional points within a 12-month period after having attended a formal hearing.

(d) A motorist may be required to attend a formal hearing to investigate habitual or persistent violation of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic at which suspension or revocation action may be taken against his license even though the motorist has not reached a point total specified in subdivision (c) of this section if he has been charged with three or more violations for which points are assessed within an unusually short period of time, which driving record, in the discretion of the commissioner, would tend to indicate that such person may be a persistent violator of traffic laws or regulations.

(e) If a motorist is required to attend a hearing based upon a single violation which is assigned a point value of 11 points, the hearing will be to investigate the specific violation involved, pursuant to paragraph (a) of subdivision 3 of section 510 of the Vehicle and Traffic Law, rather than to investigate habitual or persistent violations of law.

History

Amended New York State Register November 6, 2024/Volume XLVI, Issue 45, eff. 11/6/2024

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.5 Point reduction

(a) Upon receipt of a notice from a motor vehicle accident prevention course approved by the commissioner that a person has satisfactorily completed such course, the department shall reduce a total of up to four points on such person's driving record. Such credit shall be considered in computing the total points accumulated by such person as a result of violations which occurred prior to, and within 18 months preceding, the completion of such course. Such credit will not affect any suspension or revocation action which has already been placed in effect against such person at or prior to the time the notice has been recorded on the person's driving record.

(b) No person can receive a point reduction more than once in any 18-month period.

(c) Entry into an approved motor vehicle accident prevention program is voluntary on the part of the motorist, and any charge for such program is in the discretion of the delivery agency administering the course.

(d) The approved sponsoring agency shall pay to the department a fee as provided in Part 138 of this Title for the recording of a notice of successful completion of a motor vehicle accident prevention course and administrative costs relating thereto.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 131.6 Exclusiveness of procedure

The point system, including provisions for point reduction, established by this Part applies only to administrative action taken under the provisions of law specified in section 131.1 of this Part. It in no way affects any administrative action taken under any other provision of the Vehicle and Traffic Law.

Part 132 Dangerous Repeat Alcohol Or Drug Offenders

N.Y. Comp. Codes R. & Regs. Tit. 15 § 132.1 Definitions

(a) Alcohol- or drug-related driving conviction or incident means any of the following, not arising out of the same incident:

(1) a conviction of a violation of section 1192 of the Vehicle and Traffic Law;

(2) a finding of a violation of section 1192-a of the Vehicle and Traffic Law; provided, however, that no such finding shall be considered after the expiration of the retention period contained in paragraph (k) of subdivision 1 of section 201 of the Vehicle and Traffic Law;

(3) a conviction of an offense under the Penal Law for which a violation of section 1192 of the Vehicle and Traffic Law is an essential element; or

(4) a finding of refusal to submit to a chemical test under section 1194 of the Vehicle and Traffic Law.

(b) Dangerous repeat alcohol or drug offender means:

(1) any driver who, within his or her lifetime, has five or more alcohol- or drug-related driving convictions or incidents in any combination; or

(2) any driver who, during the 25 year look back period, has three or four alcohol- or drug-related driving convictions or incidents in any combination and, in addition, has one or more serious driving offenses during the 25 year look back period.

(c) High-point driving violation means any violation for which five or more points are assessed on a violator's driving record pursuant to section 131.3 of this Title.

(d) Serious driving offense means:

(1) a fatal accident;

(2) a driving-related Penal Law conviction;

(3) conviction of two or more high-point driving violations, other than the violation that forms the basis for the record review under section 132.2 of this Part; or

(4) 20 or more points from any violations, other than the violation that forms the basis for the record review under section 132.2 of this Part.

(e) 25 year look back period means the period commencing on the date that is 25 years before the date of the commission of a high-point driving violation and ending on and including the date of the commission of such high-point driving violation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 132.2 Lifetime record review

Upon receipt of notice of a driver's conviction for a high-point driving violation, the commissioner shall conduct a review of the lifetime driving record of the person convicted. If such review indicates that the person convicted is a dangerous repeat alcohol or drug offender, the commissioner shall issue a proposed revocation of such person's driver license. Such person shall be advised of the right to request a hearing before an administrative law judge, prior to such proposed revocation taking effect. The provisions of Part 127 of this Title shall be applicable to any such hearing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 132.3 Hearings

The sole purpose of a hearing scheduled pursuant to this Part is to determine whether there exist unusual, extenuating and compelling circumstances to warrant a finding that the revocation proposed by the commissioner should not take effect. In making such a determination, the administrative law judge shall take into account a driver's entire driving record. Unless the administrative law judge finds that such unusual, extenuating and compelling circumstances exist, the judge shall issue an order confirming the revocation proposed by the commissioner.

Part 134 Alcohol And Drug Rehabilitation Programs

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.1 Introduction

(a) Intent. Article 21 of the Vehicle and Traffic Law as added by chapter 291 of the Laws of 1975, and recodified in article 31 by chapter 47 of the Laws of 1988, provides for the establishment of an alcohol and drug rehabilitation program for the purpose of providing rehabilitation to drivers convicted of alcohol or drug-related driving offenses or persons who have been adjudicated youthful offenders for alcohol or drug-related traffic offenses or persons found to have been operating a motor vehicle after having consumed alcohol in violation of section 1192-a of the Vehicle and Traffic Law to alleviate the threat to the lives and well-being of the citizens of this State posed by alcohol and drug-related driving. Although this article provides for the issuance of conditional licenses to persons enrolled in such program, this provision is incidental to the primary purpose of the legislation, highway safety. This Part is intended to implement the legislative intent by establishing criteria for eligibility of persons for entrance into such programs, issuance and use of conditional licenses, procedures to be followed by the courts, the Department of Motor Vehicles and motorists in conjunction with such programs, as well as the curricula to be used in such programs and the qualifications of persons who will be conducting such programs.

(b) Definitions.

(1) Program. As hereinafter used in this Part, the terms program, alcohol and drug rehabilitation program, rehabilitation program, or course shall mean a specific curriculum which must include training in a classroom setting, and may include instruction, discussion, testing, interviewing, counseling, referral for extended alcohol or drug rehabilitative activities and such rehabilitative activities, all of which have been approved by the commissioner and are administered by program administrators designated as such by the commissioner. Any extended alcohol or drug rehabilitative activities which occur after eight months following enrollment in the program must be recommended licensed providers of such services.

(2) Full period of suspension or revocation effectively served. A person will be deemed to have effectively served the full period of a suspension if he has received a suspension order, has surrendered his driver's license in response to such suspension order, has not been issued an unconditional license and has not operated a motor vehicle for the period of time for which his license has been suspended. A person will be deemed to have effectively served the full period of a revocation if he has received a revocation order, has surrendered his driver's license in response to such revocation order, has not been issued an unconditional license and has not operated a motor vehicle for a period of at least six months.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.2 Persons eligible for program

Any person who is convicted of a violation of any subdivision of section 1192 of the Vehicle and Traffic Law, or is found to have been operating a motor vehicle after having consumed alcohol in violation of section 1192-a of this article, or of an alcohol or drug-related traffic offense in another state, shall be eligible for enrollment in an alcohol and drug rehabilitation program unless: such person has participated in a program established pursuant to article 31 of the Vehicle and Traffic Law within the five years immediately preceding the date of commission of the alcohol or drug-related offense or such person has been convicted of a violation of any subdivision of section 1192 of such law during the five years immediately preceding commission of an alcohol or drug-related offense; with respect to persons convicted of a violation of section 1192 of the Vehicle and Traffic Law, is prohibited from enrolling in a program by the judge who imposes sentence upon the conviction; or the commissioner is prohibited from issuing such new license to a person because of two convictions of a violation of section 1192 of the Vehicle and Traffic Law where physical injury, as defined in section 10 of the Penal Law, has resulted in both instances. Notwithstanding the provisions of this section, a person shall be eligible for enrollment in the alcohol and drug rehabilitation program if such person is sentenced pursuant to the plea bargaining provisions set forth in Vehicle and Traffic Law, section 1192(10)(a)(ii) and (10)(d).

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.3 Court action upon conviction of a violation of section 1192 of the Vehicle and Traffic Law

Article 21 of the Vehicle and Traffic Law permits a judge who imposes sentence upon a conviction of a violation of any subdivision of section 1192 of the Vehicle and Traffic Law to prohibit a defendant from enrolling in a rehabilitation program under article 21. It is recommended that the following procedures be followed:

(a) Prohibition from enrollment by a judge.

If a judge wishes to prohibit the defendant from enrolling in a rehabilitation program, upon conviction the judge may impose any penalty provided by law and he should suspend or revoke the defendant's driver's license, whichever is appropriate, pick up such defendant's driver's license, and forward the driver's license and a certificate of conviction to the commissioner within 48 hours of conviction. A statement indicating that the judge is prohibiting the defendant from enrolling in a rehabilitation program must be prominently placed on the certificate of conviction or on an accompanying letter on court stationery.

(b) No prohibition from enrollment by the judge.

If a judge does not wish to prohibit the defendant from enrolling in a rehabilitation program, upon conviction, it is recommended that the judge impose, in addition to any other sentence required or permitted by law, a sentence of conditional discharge or probation, the conditions of such discharge or probation being that the defendant enroll in and satisfactorily complete a rehabilitation program established pursuant to article 21 of the Vehicle and Traffic Law. The judge should suspend or revoke the defendant's driver's license as required by section 1193 of the Vehicle and Traffic Law. A certificate of conviction indicating the sentence of conditional discharge should be forwarded to the commissioner within 48 hours of conviction. All additional action in relation to enrollment in a rehabilitation program will be taken by the Department of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.4 Initial procedures by the department of motor vehicles upon receipt of a certificate of conviction for a violation of section 1192 of the vehicle and traffic law

(a) Certificate of conviction indicates prohibition from enrollment by the judge. Upon receipt of a certificate of conviction for a violation of section 1192 of the Vehicle and Traffic Law when such certificate or an accompanying letter indicates that the convicting judge has prohibited the defendant from entering a rehabilitation program, the department will issue a confirming revocation or suspension order when a revocation or suspension has been imposed by the court, or, will issue an appropriate suspension or revocation order when such action has not been taken by the court. No further action with respect to rehabilitation programs will be taken by the department.

(b) Certificate of conviction does not indicate prohibition from enrollment by the judge. Upon receipt of a certificate of conviction for a violation of section 1192 of the Vehicle and Traffic Law when such certificate or an accompanying letter does not indicate a prohibition from enrollment by the judge, the department will make a review of the defendant's driving record.

(1) Unless such review indicates that the defendant is ineligible to enroll in a rehabilitation program based upon criteria set forth in section 134.2 of this Part, the department will issue the appropriate suspension or revocation order against the defendant's driver's license, if the court has not already done so and will notify the defendant that he is eligible for enrollment in a rehabilitation program. Such notification will include instructions for enrollment in a rehabilitation program. The suspension or revocation order will indicate the effective date of the order. Unless such review indicates that the defendant is ineligible to enroll in a rehabilitation program in accordance with the provisions set forth in section 134.2 of this Part, the department will also apply the criteria established in section 134.7 of this Part to determine whether the defendant is eligible for the issuance of a conditional license. Unless such review indicates that the defendant is ineligible for the issuance of a conditional license, the department will also notify the defendant that he may be eligible for such license. Such notification will include instructions for making application for the conditional license.

(2) If a review of the defendant's driving record indicates that the defendant is ineligible for enrollment in a rehabilitation program as set forth in section 134.2 of this Part, only the appropriate revocation or suspension order will be issued to the defendant. No further action with respect to rehabilitation programs will be taken by the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.5 Procedures to be followed by defendant who receives notification of eligibility for enrollment in a rehabilitation program

Upon receipt of notification from the department of eligibility for enrollment in a rehabilitation program, the defendant may apply for enrollment in such a program. To make application, the defendant shall submit a completed waiver form and other necessary forms, as directed on the notice. The commissioner or designated person shall apply the criteria set forth in section 134.2 of this Part to determine the applicant's final eligibility for enrollment in a program. If the applicant is found to be eligible for enrollment, and he has met all requirements for enrollment established by statute and this Part, the applicant shall be enrolled in a rehabilitation program. In addition, if the applicant is eligible for the issuance of a conditional license, in accordance with criteria established in section 134.7 of this Part, a conditional license will be issued to the applicant in accordance with this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.6 Waiver required

(a) Included in an application for enrollment in a rehabilitation program shall be a waiver by the applicant. Such waiver shall provide that the applicant agrees:

(1) to accept and abide by all conditions contained on the conditional license, if such a license is issued to him;

(2) to complete the rehabilitation program, including referrals for evaluation and treatment;

(3) to pay all fees required for the rehabilitation program;

(4) except as provided for in section 134.9(d)(2) of this Part, if for any reason any conditional license which is issued to him is revoked, or if he fails to satisfactorily complete the rehabilitation program, the suspension or revocation of his license resulting from the conviction for which he was enrolled in the program shall be reimposed for the full period of such suspension or revocation, unless such full period has already been effectively served; and

(5) before the issuance of a conditional license, if such a license is issued to him, and before the reinstatement or return of an unconditional driver's license is made to him, he must satisfy any outstanding administrative suspensions, notices or bars, such as suspensions or bars for failure to answer traffic summonses.

(b) No person shall be permitted to enroll in a rehabilitation program unless a waiver signed by the applicant is filed with the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.7 Criteria for issuance of a conditional license

(a) The issuance of a conditional license shall be denied to any person who enrolls in a program if a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply.

(1) The person has been convicted of homicide, assault, criminal negligence or criminally negligent homicide arising out of operation of a motor vehicle.

(2) The conviction, adjudication or finding upon which eligibility for a rehabilitation program is based involved a fatal accident.

(3) The person does not have a currently valid New York State driver's license. This paragraph shall not apply to a person whose New York State driver's license has expired, but is still renewable, nor to a person who would have a currently valid New York State driver's license except for the revocation or suspension which resulted from the conviction, adjudication or finding upon which his eligibility for the rehabilitation program is based, nor to a person who would have a currently valid New York State driver's license except for a suspension or revocation which resulted from a chemical test refusal arising out of the same incident as such conviction, adjudication or finding of a violation of section 1192-a of the Vehicle and Traffic Law section.

(4) The person has been convicted of an offense arising from the same event which resulted in the current alcohol-related conviction, adjudication or finding which conviction would, aside from the alcohol-related conviction, adjudication or finding result in mandatory revocation or suspension of the person's driver's license.

(5) The person has had two or more revocations and/or suspensions of his driver's license, other than the revocation or suspension upon which his eligibility for the rehabilitation program is based within the last three years. This subdivision shall not apply to suspensions which have been terminated by performance of an act by the person, nor to a suspension or revocation resulting from a chemical test refusal, if the person had been convicted of a violation of section 1192 of the Vehicle and Traffic Law or found to be in violation of section 1192-a of such law arising out of the same incident.

(6) The person has been convicted more than once of reckless driving within the last three years.

(7) The person has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his designated agent tends to establish that the person would be an unusual and immediate risk upon the highway.

(8) The person has been penalized under section 1193 (1)(d) of the Vehicle and Traffic Law for any violation of subdivision 2, 2-a, 3, 4, or 4-a of section 1192 of such law.

(9) The person is reentering the rehabilitation program, as provided in section 134.10(c) of this Part, for a second or subsequent time.

(10) Repealed

(11)

(i) The person has three or more alcohol- or drug-related driving convictions or incidents within the last 25 years. For the purposes of this paragraph, a conviction for a violation of section 1192 of the Vehicle and Traffic Law, and/or a finding of a violation of section 1192-a of such law and/or a finding of refusal to submit to a chemical test under section 1194 of such law arising out of the same incident shall only be counted as one conviction or incident. The date of the violation or incident resulting in a conviction or a finding as described herein shall be used to determine whether three or more convictions or incidents occurred within a 25-year period.

(ii) For the purposes of this paragraph, when determining eligibility for a conditional license issued pending prosecution pursuant to section 134.18 of this Part, the term incident shall include the arrest that resulted in the issuance of the suspension pending prosecution.

(12) The person was the holder of a limited DJ or limited MJ license at the time of the violation which resulted in the suspension or revocation.

(13) The person, during the five years preceding the commission of the alcohol or drug- related offense or a finding of a violation of section 1192-a of the Vehicle and Traffic Law, participated in the alcohol and drug rehabilitation program or has been convicted of a violation of any subdivision of section 1192 of such law.

(b) If after a person is enrolled in a rehabilitation program and has been issued a conditional license, but, prior to the reissuance of an unconditional license, information is received by the department which indicates that such person was not eligible for a conditional license his conditional license will be revoked.

History

Amended New York State Register September 11, 2019/Volume XLI, Issue 37, eff. 9/11/2019

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.9 Conditional license

A conditional license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant.

(a) Form of conditional license. The conditional license will be a two-part form. One part shall be computer generated and will bear a notation indicating that it is a conditional license. The other part will be manually generated and will contain the specific conditions applicable to that particular conditional license. The holder of a conditional license, when required to display such license, must display both parts of such license.

(b) Establishment of conditions. Each conditional license shall contain the condition that such license shall be subject to revocation for operation outside of the limitations appearing on such license. Each conditional license will contain the limitations or use of such license as prescribed by the department, and as accepted by the holder. Such conditions shall be limited to operation: to and from the holder's place of employment; during the course of employment, when required; to and from a class or an activity which is an authorized part of the rehabilitation program and at which the holder's attendance is required; enroute to and from a class or course at an accredited school or approved institute of vocational or technical training; enroute to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to that effect from a licensed medical practitioner; during a three-hour consecutive daytime period as specified by the department on a day during which the holder is not engaged in his usual employment or vocation; to and from court-ordered probation activities; to and from a motor vehicle office for the transaction of business relating to such license or program; or enroute to and from a place, including a school, at which a child or children of the holder are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment or enrollment at an accredited school, college or university or at a State-approved institution of vocational or technical training;

(c) A conditional license issued to a person convicted of, or adjudicated a youthful offender for, a violation of any subdivision of section 1192 of the Vehicle and Traffic Law or found to have violated section 1192-a of such law shall not be valid for the operation of commercial motor vehicles as defined in section 501-a of such law or taxicabs as defined in section 148-a of such law.

(d) Revocation of conditional license.

(1) A conditional license which has been issued shall be revoked upon: the holder's conviction of any traffic violation, other than parking, stopping, standing, equipment, inspection or other nonmoving violations where such violation occurred during the period of validity of the conditional license; or for the holder's failure to attend any portion or portions of the rehabilitation program in accordance with attendance rules established for the program. A revocation for any of the above reasons shall be issued without a hearing based upon receipt of a certificate of conviction, or in the case of failure to attend any portion or portions of the rehabilitation program upon certification of the person administering such program. In addition, the commissioner may revoke a conditional license after a hearing, based upon a finding that the holder has not satisfactorily participated in the rehabilitation program, or that the holder is not attempting in good faith to accept rehabilitation, or upon a complaint that the holder is operating or has operated a motor vehicle in violation of the conditions imposed on his conditional license. The commissioner may also revoke a conditional license without a hearing upon receipt of a certificate of conviction which indicates that the applicant has driven in violation of the conditions of such license.

(2) Persons under 21 years of age. The provisions of this subdivision shall apply to any person under the age of 21 who enters a rehabilitation program and is issued a conditional license as a result of a conviction for a violation of any subdivision of section 1192 of the Vehicle and Traffic Law, committed when such person was under the age of 21. Notwithstanding any other provisions of this Part, if any such person's conditional license is revoked and such person has completed a rehabilitation program as provided for in section 134.10 of this Part, time served shall be credited toward the remaining portion of the revocation period, calculated from the effective date of the order of revocation which resulted in the issuance of the conditional license, to the date of the violation which resulted in the revocation of the conditional license.

(e) Extra-territorial effect of conditional license. Whether a conditional license will be honored by other states will be dependent upon the laws of each such other state. This state will honor a similar type license issued by another state to a resident of the issuing state to the extent of the conditions imposed. The holder of a conditional license issued pursuant to article 31 should check with the appropriate motor vehicle authorities of any other state in such other state.

(f) Period of validity of conditional license. Unless otherwise revoked by the commissioner, a conditional license will be valid from the date of its issuance until the expiration date contained thereon or until the holder's unconditional license is returned to him, whichever occurs first.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.10 Completion of a rehabilitation program

(a) Requirements for satisfactory completion of a rehabilitation program. In order for a person to satisfactorily complete a rehabilitation program, he must have paid all necessary fees and have attended and actively participated in all segments of such rehabilitation program as required by the department, including completion of extended participation upon the recommendation of the appropriate officials.

(b) Results of satisfactory completion of a rehabilitation program. Upon satisfactory completion of a program, any unexpired suspension or revocation which was issued as a result of the conviction for which the person was eligible for enrollment in the program may be terminated by the commissioner unless the termination is prohibited under section 1193 of the Vehicle and Traffic Law or this Subchapter, or if the termination is based upon enrollment in the program pursuant to the plea bargaining provisions of Vehicle and Traffic Law, section 1192(10)(a)(ii) and 1192(10)(d), or if such person would not otherwise be eligible for enrollment in the program pursuant to section 1196(4) of such law, or if the person has two or more alcohol- or drug-related driving convictions or incidents within the 25 year look back period from the date of the violation which resulted in enrollment in the program. For the purposes of this subdivision, the 25 year look back period means the period commencing upon the date that is 25 years before the date of the violation that resulted in enrollment in the program and ending on and including the date of such violation.

(c) Failure to satisfactorily complete a rehabilitation program. If a person fails to satisfactorily complete a rehabilitation program, in addition to revocation of any conditional license which may be held by such person, the suspension or revocation of such person's unconditional driver's license will be reinstated for the full period of such suspension or revocation, unless such full period has already been effectively served. Such person may apply for reentry into the rehabilitation program. A conditional license may only be issued upon the first such reentry. Although second and subsequent reentries may be permitted, a conditional license will not be reissued in such cases.

(d) Appeals. Appeals from decisions of treatment or program personnel regarding an individual's participation or treatment shall be directed to the program director. If said director is unable to resolve the matter, such appeals shall be directed to the Division of Driver Licensing. If said division is unable to resolve the matter, such appeals shall be sent to the commissioner who shall make a determination. Prior to making a determination the commissioner may consult with experts in the field of alcoholism and rehabilitation and any other appropriate agencies.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.11 Issuance of unconditional driver's license

Satisfactory completion of a rehabilitation program or expiration of the term of suspension, whichever occurs first, will initiate the necessary action to provide for the termination of the suspension or revocation which was the basis for entry into the rehabilitation program, provided however, no such suspension or revocation shall be terminated prior to the expiration of the term of suspension or revocation if the applicant for the unconditional license has two or more alcohol- or drug-related driving convictions or incidents within the preceding 25 years. For the purposes of this section, the preceding 25 years means the period commencing upon the date that is 25 years before the date of the violation that resulted in enrollment in the program and ending on and including the date of such violation. Upon a determination of satisfactory completion of the rehabilitation program or the term of suspension, and unless otherwise determined by the commissioner, as provided for in section 134.10(b) of this Part, a notice of termination of the suspension or revocation and an unconditional license will be issued. However, no such license will be issued until all civil penalties due the department are paid or if there are any outstanding suspensions, revocations, or bars against such license until such suspensions, revocations, or bars are satisfactorily disposed of by the applicant. Any conditional license which is still valid will be terminated concurrently with the return of the unconditional driver's license and must be returned to the department. A conditional license shall not be renewed more than one year after the issuance of the conditional license if a revocation is issued for a chemical test refusal and the holder of the conditional license has not paid the civil penalty required by section 1194 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.12 Notification to the court

In any case where the sentence upon conviction consists of a conditional discharge, the department will notify the convicting court of the final disposition of any action relating to any person who has not been prohibited from enrolling in a rehabilitation program by a judge. Notification of ineligibility for a rehabilitation program and failure to enroll in the program if eligible or failure to satisfactorily complete such a program will be sent to the court as expeditiously as possible, so that where appropriate the court may take the necessary steps to resentence the defendant for a failure to meet the conditions of any conditional discharge. Notification of satisfactory completion of a rehabilitation program will be sent to the appropriate court. Such notification will indicate compliance of the defendant with the conditions of the conditional discharge which may have been imposed by the court relating to enrollment and satisfactory completion of a rehabilitation program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.13 Out-of-state convictions

All of the provisions of this Part shall be applicable to the holder of a New York State driver's license who has been convicted of an alcohol-or drug-related traffic offense in another state except that those provisions which relate to the actions of the convicting judge, the effect of satisfactory completion of a rehabilitation program upon a sentence of fine or imprisonment and notification to the court by the department shall not be applicable. In addition, if the driving privileges of a New York licensee convicted in another state are suspended or revoked by such other state, the conditional license issued by the commissioner will not permit the holder to operate in such other state during the term of suspension or revocation of his driving privileges within that state, unless specifically permitted by that state.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.14 Fees

Article 21 provides for the establishment of a schedule of fees to be paid by or on behalf of each participant in the program, which fees shall defray the ongoing expenses of the program.

(a) This fee shall consist of two parts:

(1) that portion of the fee necessary to defray the administrative costs of the Department of Motor Vehicles in administering the program, which shall be paid by the applicant to the department at the time he makes application for acceptance in a rehabilitation program; and

(2) that portion of the fee required for enrollment in a program which shall be paid by the applicant prior to entry into the program to the entity authorized by the department to conduct a rehabilitation program. Such fee shall not be refundable unless the person is denied enrollment in the program upon his application. Moreover, no portion of the fee shall be refundable by reason of the participant's withdrawal or expulsion from the program.

(b) Except as provided in subdivisions (c) and (d) of this section, the total fee for a rehabilitation program shall not exceed $315. Seventy-five dollars of any such total fee shall represent the reimbursement of costs for administrative expenses incurred by the Department of Motor Vehicles and sentencing courts. A participant in the program shall not be required to pay the $75 fee to the department if such participant held a conditional license pending prosecution under section 134.18 of this Part, if such conditional license was not revoked, and such conditional license was issued as the result of the same violation on which participation in such program is based. The commissioner may require that up to $20 of the total fee for a rehabilitation program shall be used for reimbursement of costs for curriculum enhancements to be developed by the Department of Motor Vehicles and/or a third party authorized by the department. If the commissioner so requires, written notification of such requirement shall be sent to all rehabilitation programs, and such portion of the fee shall be paid by the program directly to such authorized third party.

(c) A participant in a program who transfers to another program shall pay to the new program a fee of $25, plus $10 for each session remaining to be completed in the new program.

(d) A participant who has previously withdrawn from a program and subsequently reenters such program shall pay a reenrollment fee of $50 to the program.

(e) Each program shall submit an annual fiscal report and an annual statistical report, on a form prescribed by the commissioner. Such reports shall be filed with the department no later than April 30th in the year following the calendar year to which it pertains.

(f) In addition to the fees established in the preceding subdivisions of this section, there may be an additional charge for extended alcohol or drug rehabilitative activities to which any defendant is referred by the program administrator as part of the rehabilitation program.

History

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.15 Establishment of alcohol and drug rehabilitation programs

The department may enter into an agreement with a municipality, a department of a municipality, or other agency to provide that such municipality, department thereof, or other agency shall conduct a rehabilitation program. Any agreement shall provide that any such party shall conduct the program in accordance with a curriculum approved by the department, in a facility acceptable to the department, administered by and given by persons who are approved by and who meet qualifications established by the commissioner. Such party shall agree to abide by any class size limitation established by the department, to charge not more than the fee prescribed by the department and to cooperate fully with the department in the conduct and administration of any such program including the monitoring and evaluation of any phases of the program or its administration by persons designated by the commissioner. No program will be approved if any referral for extended rehabilitative activities is connected in any manner with the person making such referral so that financial or other benefits will result to such person as a result of such referral.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.16 Confidentiality of records

Any record relating to a person enrolled in such a program generated by the agency which is conducting a rehabilitation program shall be confidential and shall not be disclosed other than in conjunction with the rehabilitation program to any person other than the person himself and, where appropriate, the Department of Motor Vehicles. This provision shall not apply to any notification of satisfactory completion of a program or notification that the person has failed or is failing to satisfactorily complete a program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.18 Conditional license issued pending prosecution

(a) When a driver's license is suspended pending prosecution pursuant to section 1193 (2)(e)(7) of the Vehicle and Traffic Law, the holder of such license may be issued a conditional license, 30 days after such suspension takes effect, provided such person is eligible for such a license as set forth in section 134.7 of this Part and section 1196 of the Vehicle and Traffic Law. Such license shall not be valid for the operation of a commercial motor vehicle or a taxicab. The holder of such license shall not be required to and may not participate in the alcohol and drug rehabilitation program when issued a conditional license pursuant to this section.

(b) Establishment of conditions. Each conditional license issued under this section shall be subject to the conditions set forth in section 134.9(b) of this Part and section 1196 of the Vehicle and Traffic Law.

(c) Revocation of conditional license. The provisions of section 134.9(d) of this Part shall be applicable to a conditional license issued under this section.

(d) Period of validity. A conditional license issued under this section shall be valid, unless otherwise revoked, suspended or expired, until the prosecution for the pending alcohol-related charge is terminated.

Part 135 Restricted Use License

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.1 Introduction

(a) Intent. Article 21-A of the Vehicle and Traffic Law provides for the issuance of a restricted use license to a person whose driver's license has been suspended or revoked pursuant to section 318 or 510 of the Vehicle and Traffic Law. The issuance of such a license is in the discretion of the commissioner or his duly authorized agent and such license can be issued only after it is established to the satisfaction of the issuing officer that such a license is a necessary incident to the applicant's employment, business, trade, occupation, profession, education, or necessary medical treatments and that a denial of such a license would deprive the person of his or her usual means of livelihood and constitute an unwarranted and substantial hardship on the applicant and his or her immediate family, or would seriously impair such person's ability to meet the requirements of his or her education by prohibiting his or her travel to and from a class or course at an accredited school, college or university or at a State-approved institution of vocational or technical training. The primary purpose of this article is to alleviate such hardships while providing a system of driver rehabilitation for persons who have had their driver's license suspended or revoked. This Part is intended to implement such purposes by establishing criteria for the issuance and use of a restricted use license and procedures to be followed by the Department of Motor Vehicles and motorists.

(b) Definitions.

(1) Driver's license. A license issued pursuant to article 19 of the Vehicle and Traffic Law.

(2) Restricted license. A restricted use license issued pursuant to article 21- A of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.2 Persons eligible for restricted license

A restricted license shall only be issued to a person whose New York State driver's license has been suspended or revoked pursuant to section 318 or 510 of the Vehicle and Traffic Law, who has been sent an order of such suspension or revocation by the commissioner, who establishes his need for such license in conformity with section 135.8 of this Part and who would not be denied a restricted license pursuant to section 135.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.3 Action to be taken by court

Article 21-A does not provide for any action to be taken by a court with respect to the issuance of a restricted license. A court shall continue to perform all functions relating to sentencing, suspension or revocation of a driver's license and the forwarding of a certificate of conviction to the Department of Motor Vehicles upon a conviction in accordance with the provisions of the Vehicle and Traffic Law as if article 21-A had not been enacted.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.4 Initial procedures by department upon revocation or suspension

(a) Revocation or suspension issued pursuant to section 510 of the Vehicle and Traffic Law. Upon the generation of an order of suspension or revocation of a driver's license issued pursuant to section 510 of the Vehicle and Traffic Law, the department will review the motorist's driving record to determine whether the motorist is eligible for issuance of a restricted license pursuant to the provisions of this Part. If the motorist is eligible, the order will be mailed to the motorist. If the motorist is not eligible for a restricted license, the order will be mailed to the motorist with an explanation of his/her ineligibility.

(b) Revocation pursuant to section 318 of the Vehicle and Traffic Law. Upon the generation of an order of revocation of a driver's license issued pursuant to section 318 of the Vehicle and Traffic Law, the department will not make a determination of eligibility for a restricted license at that time, unless the revocation is based upon a conviction of a violation of section 319 of the Vehicle and Traffic Law, but will mail to the motorist the revocation order.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.5 Procedure to be followed by motorist who receives notice of revocation or suspension

(a) If it is determined that a motorist is not eligible for a restricted license, the motorist is required to surrender his driver's license, if such license has not already been surrendered. An application for a restricted license shall not be issued by the Department of Motor Vehicles.

(b) If a motorist has had his or her driver's license suspended or revoked pursuant to section 510 of the Vehicle and Traffic Law and the department has determined that such motorist is eligible for a restricted license, the motorist may, upon receipt of a revocation or suspension order issued by the commissioner, make application for such a license to a motor vehicle issuing office. To make such an application, the motorist must submit the application for such license, all required fees, a completed waiver form and any other necessary forms and proof of compliance with the appropriate suspension or revocation order as directed on the notice of revocation or suspension. The commissioner or designated person shall make a determination as to the motorist's need to have a restricted license and shall apply the criteria set forth in section 135.7 of this Part to determine the final eligibility for a restricted license. If eligible and found to be in need of a restricted license, a restricted license will be issued in accordance with this Part.

(c) If a motorist has had his or her driver's license revoked pursuant to section 318 of the Vehicle and Traffic Law, the motorist may, upon receipt of a revocation order issued by the commissioner, make application for a restricted license to a motor vehicle issuing office. To make such an application, the motorist must submit an application for such license, all required fees, a completed waiver form and any other necessary forms and proof of compliance with the appropriate revocation order or orders as directed on the notice or notices of revocation. The commissioner or designated person shall make a determination as to the motorist's need to have a restricted license and will make a review of the person's driving record to determine whether such person meets the provisions of section 135.2 of this Part and the criteria set forth in section 135.7 of this Part for eligibility for the issuance of a restricted license. If eligible and found to be in need of a restricted license, a restricted license will be issued in accordance with this Part.

(d) If a motorist has had his driver's license suspended pursuant to section 510 of the Vehicle and Traffic Law for a conviction of section 1192(4) of such law, and the department has determined that he is eligible for a restricted license, such motorist must participate in and satisfactorily complete a rehabilitation program as set forth in section 134.10 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.6 Waiver required

Included in an application for a restricted use license shall be a waiver by the applicant. No person shall be issued a restricted license unless a waiver signed by the applicant is filed with the department. Such waiver must contain a statement that a driving license is a necessary incident to the applicant's employment, business, trade, occupation, profession or education, or en route to or from a medical examination or treatment as part of a necessary medical treatment for such applicant or member of his or her household, as evidenced by a letter to that effect from a licensed medical practitioner, and that the denial of a license would deprive the applicant of his or her usual means of livelihood and would constitute an unwarranted and substantial hardship on the applicant and such applicant's immediate family, or would seriously impair such person's ability to meet the requirements of his education by prohibiting his travel to and from a class or course at an accredited school, college or university or at a State-approved institution of vocational or technical training, and shall provide that the applicant agrees:

(a) to accept and abide by all conditions contained on the restricted license;

(b) to notify the department if he is no longer eligible for such license, by reason of termination of employment or education, or other similar reason, and to surrender the restricted license upon such occurrence;

(c) if for any reason the restricted license which is issued to the applicant is revoked, the suspension or revocation of his driver's license which resulted in such applicants obtaining the restricted license shall be reimposed for the full period of such suspension or revocation and the time during which such applicant held a restricted license will not be credited in computing compliance with the suspension or revocation period.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.7 Criteria for issuance of a restricted license

(a) The issuance of a restricted license shall be denied to any person in any case in which a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply:

(1) The person has, within the four-year period immediately preceding the date of application, been convicted within or without the State of homicide or assault, criminal negligence or criminally negligent homicide arising out of the operation of a motor vehicle.

(2) The person has, within the four-year period immediately preceding the date of application, been convicted in this State of leaving the scene of a personal injury accident or reckless driving.

(3) The suspension or revocation is issued pursuant to the provisions of subparagraph (ii) or (vii) of paragraph (a) of subdivision 2, or paragraph (e) or (f) of subdivision 3, of section 510 of the Vehicle and Traffic Law.

(4) The person has, within the five-year period immediately preceding the date of application, been convicted of a violation of any subdivision of section 1192 of the Vehicle and Traffic Law, or a similar alcohol-related offense in another jurisdiction, or has had his license revoked for refusal to submit to a chemical test pursuant to subdivision 2 of section 1194 of the Vehicle and Traffic Law, unless after such conviction or revocation such person successfully completed an alcohol and drug rehabilitation program established pursuant to article 21 of the Vehicle and Traffic Law in conjunction with such conviction or revocation.

(5) The person has had a restricted license revoked within the last five years.

(6) The person does not have a currently valid New York State driver's license. This paragraph shall not apply to a person whose New York State driver' s license has expired, but is still renewable, nor to a person who would have a currently valid New York State driver's license except for the revocation or suspension upon which the application for a restricted license is based.

(7) The person has had a prior restricted license within the last three years.

(8) The suspension is for a definite period of 30 days or less, or is a permissive suspension or revocation imposed by a judge pursuant to subdivision (3) of section 510 of the Vehicle and Traffic Law, or is an indefinite suspension which can be terminated by the performance of an act by the licensee.

(9) The person has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his designated agent tends to establish that the person would be an unusual and immediate risk upon the highways.

(10) The person has a combination of safety factors resulting in 25 or more negative units, as set forth in section 136.6(a) of this Title.

(11) The person was the holder of a limited DJ or limited MJ license at the time of the violation which resulted in the suspension or revocation.

(12) The revocation is issued pursuant to the provisions of subparagraph (x) or (xi) of paragraph (a) of subdivision (2) of section 510 of the Vehicle and Traffic Law.

(13) The conviction, adjudication or finding upon which eligibility for a restricted license is based involved a fatal accident.

(b) If a person has been issued a restricted license, but, prior to the reissuance of a driver's license, information is received by the department which indicates that such person was not eligible for a restricted license, his restricted license will be revoked.

(c) Notwithstanding the provisions of this subdivision, issuance of a restricted license shall not be denied to any person whose license is suspended pursuant to paragraph 3 of subdivision 4-e of section 510 of the Vehicle and Traffic Law for any reason other than such person's failure to otherwise have a valid or renewable driver's license. The issuance of a restricted license issued as a result of a suspension under subdivision 4-e of section 510 of the Vehicle and Traffic Law shall not in any way affect a person's possible eligibility for a restricted license at some future time.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.8 Determination of necessity for restricted license

The determination as to the necessity for any motorist to obtain a restricted license shall be made by the commissioner based upon information provided by the motorist in a form provided by the commissioner. The applicant must make a positive statement of need. The commissioner may investigate such statement or require the verification of the facts before accepting such a statement.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.9 Restricted license

A restricted license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant.

(a) Form of restricted license. The restricted license will be a two-part form. One part shall be computer-generated and will bear a notation indicating that it is a restricted license. The other part will be manually generated and will contain the specific conditions applicable to that particular restricted license. The holder of a restricted license, when required to display such license, must display both parts of such license. Such license must be amended whenever there is a change in the licensee's situation.

(b) Establishment of conditions. Each restricted license shall contain the condition that such license shall be subject to revocation for operation outside of the limitations appearing on such license. Each restricted license will contain the limitations or use of such license as prescribed by the department, and as accepted by the holder. Such license shall be limited to operation: to and from the holder's place of employment or education; during the course of employment or education, when required; to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to that effect from a licensed medical practitioner; to and from a driver rehabilitation program which the holder is required to attend; to and from offices of the department in conjunction with the driver rehabilitation program or the issuance or amendment of a restricted license or driver's license, or en route to and from a place including a school, at which the child or children or the holder are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment or enrollment at an accredited school, college or university or at a State-approved institution of vocational or technical training. Any restricted license issued on or after February 19, 1991, shall be limited to the operation of vehicles which are not commercial motor vehicles as defined in section 501-a of the Vehicle and Traffic Law or which are not for-hire vehicles as set forth in section 530 of such law; provided, however, except for a commercial motor vehicle as defined in subdivision four of section 501-a of the Vehicle and Traffic Law, that the restrictions on types of vehicles which may be operated with a restricted license contained in this paragraph shall not be applicable to a restricted license issued to a person whose license has been suspended pursuant to paragraph 3 of subdivision 4-e of section 510 of such law.

(c) Revocation of restricted license. A restricted license which has been issued shall be revoked upon: the holder's conviction of any traffic violation, other than parking, stopping, standing, equipment, inspection or other nonmoving violations where such violation occurred during the period of validity of the restricted license; or for the holder's failure to attend any portion or portions of the alcohol and drug rehabilitation program where such attendance is required by section 135.5(d) of this Part. A revocation for any of the above reasons shall be issued without a hearing based upon receipt of a certificate or certificates of conviction. In addition, the commissioner may revoke a restricted license after a hearing, based upon a complaint that the holder is operating or has operated a motor vehicle in violation of the conditions imposed in his restricted use license. The commissioner may also revoke a restricted license without a hearing upon receipt of a certificate of conviction which indicates that the applicant has driven in violation of the conditions of such license.

(d) Extra-territorial effect of restricted license. Whether a restricted license will be honored by other states will be dependent upon the laws of each such other state. This State will honor a similar type license issued by another state to a resident of the issuing state to the extent of the conditions imposed. The holder of a restricted license issued pursuant to article 21-A of the Vehicle and Traffic Law should check with the appropriate motor vehicle authorities of any other state in such other state.

(e) Period of validity of restricted use license. Unless otherwise revoked by the commissioner, or voluntarily surrendered to the commissioner, a restricted use license will be valid from the date of its issuance until the expiration date contained thereon or until the holder's driver's license is returned to him, whichever occurs first.

(f) Limitation on renewal of restricted license. A restricted license shall not be renewed more than one year after the issuance of the restricted license if the revocation, upon which the restricted license was based, was issued pursuant to section 318 of the Vehicle and Traffic Law and if the holder of the restricted license has not paid the civil penalty required by article 6 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.10 Cessation of need for restricted license

(a) If a person has been issued a restricted license and thereafter the employment, medical treatment or education which forms the basis upon which such license was issued terminates and the person becomes unemployed, discontinues his or her medical treatment or discontinues his or her education, the restricted license must be surrendered to the issuing office of the department which issued the license within three days of such termination of employment or education. In such a situation, the period of time during which the person validly held such restricted license shall be credited towards compliance with the revocation or suspension order which formed the basis for the issuance of the restricted license.

(b) If a person has been issued a restricted license and thereafter the employment or education or medical treatment which forms the basis upon which such license was issued terminates and the person becomes unemployed or discontinues his or her education or discontinues his or her medical treatment, and the restricted license has been surrendered in accordance with subdivision (a) of this section, and the person becomes reemployed, or reenrolls in an educational program or requires further medical treatment and demonstrates a need for a restricted license in conjunction with such employment, education or medical treatment, the restricted license, properly amended, may be reissued to such person upon his or her application to the issuing office of the department to which such license was surrendered without payment of any additional fee.

(c) The provisions of this section shall not apply to a situation in which the employment or education or medical treatment upon the issuance of a restricted license was based is terminated but other employment or education or medical treatment which would support the issuance of a restricted license is obtained within three days of the termination of the previous employment or education. In such case, the licensee shall apply for an amended restricted license at the appropriate issuing office of the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.12 Issuance of a driver's license

(a) Suspensions. If a person's driver's license has been suspended and a restricted license has been issued to such person, upon completion of the suspension period and the surrender of the restricted license, the person's driver's license will be restored to such person upon payment of any suspension termination fee required by section 503 (2)(j) of the Vehicle and Traffic Law, provided there is no other reason why such driver's license should not be issued.

(b) Revocations. If a revocation order has been issued against a licensee and a restricted license has been issued to such person, such person may make an application for a driver's license when the minimum waiting period provided in statute for the approval of a license after revocation has passed. Such application may then be approved upon successful completion of the requirements for the issuance of a driver's license and the surrender of the restricted license, provided there is no other reason why such driver's license should not be issued; however, no such license will be issued if such person has a combination of safety factors resulting in 25 or more negative units, as set forth in section 136.6(a) of this Title.

(c) Compliance. Compliance with the suspension order or revocation order issued against a driver's license will commence on the effective date of the order.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.13 Fees

Article 21-A provides a statutory fee of $75 for the issuance of a restricted license and also for the establishment of a schedule of fees to be paid by or on behalf of a participant in a driver rehabilitation program, which fee shall defray the ongoing expenses of the program.

(a) Statutory $75 license fee.

The statutory fee of $75 for the issuance of a restricted license must be paid to the Department of Motor Vehicles before a restricted license will be issued. The fee for the renewal of a restricted license will be the same fee which would be required for the renewal of the person's driver's license, and if such fee is paid, such fee will be made applicable to the driver's license which is issued to such person at the completion of the suspension period or upon approval of the issuance of a driver's license after the revocation period provided that the revokee has satisfactorily complied with all the requirements applicable to the issuance and use of the restricted license.

Part 136 Licensing Or Relicensing After Revocation Action

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.1 Introduction

(a) Intent. Section 510 of the Vehicle and Traffic Law provides that a license may be issued after revocation in the discretion of the commissioner. In exercising such discretion and in keeping with his responsibility to provide meaningful safeguards for the general public who are users of the highways, it is the purpose of the commissioner to utilize departmental driver improvement programs in order to rehabilitate problem drivers through the use of education and explanation. It is the further purpose of the commissioner to take disciplinary action in order to force a change in the attitude and driving habits of problem drivers, where the department's review indicates that such action is necessary for the protection of the applicant and the public alike. This Part is intended to implement such purposes by establishing criteria to identify individual problem drivers, the application of which shall result in a presumption, in certain cases, that the involved driver would present a potential danger to himself or other users of the highway if allowed to be licensed or relicensed.

(b) Definitions.

(1) Problem driver. A problem driver is an applicant for a driver's license or privilege who has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his or her designated agent, upon review of the applicant's entire driving history, establishes that the person would be an unusual and immediate risk upon the highways. The commissioner or his or her designated agent shall set forth in writing the basis for the determination that an applicant is a problem driver.

(2) Disability. A disability is any condition, whether mental, emotional or physiological, which is likely to diminish the ability of an individual to safely control or operate a motor vehicle.

(3) History of abuse of alcohol or drugs. A history of abuse of alcohol or drugs shall consist of a record of two or more incidents, within a 10-year period, of operating a motor vehicle while under the influence of alcoholic beverages and/or drugs or of refusing to submit to a chemical test not arising out of the same incident, whether such incident was committed within or outside of this State.

(4) Rehabilitative effort. Rehabilitative effort shall consist of referral of an individual with a history of abuse of alcohol or drugs to any agency certified by the Office of Alcoholism and Substance Abuse and/or agents authorized by professional license or professional certification, such as that granted by a board of examiners of the State Education Department, for evaluation of the extent of alcohol and/or drug use and satisfactory participation in any treatment recommended by such agency, and/or evidence of abstinence from, or controlled use of, alcohol and/ or drugs for a period of time sufficient to indicate that such person no longer constitutes a danger to other users of the highway.

(5) Safety factor. A safety factor is a conviction for, or a finding by a departmental hearing officer of, any violation of the Vehicle and Traffic Law or of any local law, ordinance, order, rule or regulation relating to traffic, except violations relating to parking, standing or stopping; an accident with conviction involvement; an accident where a finding of gross negligence in the operation of a motor vehicle or operating a motor vehicle in a manner showing a reckless disregard for the life or property of others is made by a departmental hearing officer; and a finding of a chemical test refusal. A bail forfeiture shall be considered a conviction for purposes of this Part.

(c) The provisions of this Part shall apply to an application for restoration of a driver's license or driving privilege.

History

Amended New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff. 2/11/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.2 Approval of application

Except as provided in sections 136.3, 136.4 and 136.5 of this Part, an application for a driver's license shall be approved. In addition, an application for re-licensure shall be waived under the following circumstances:

(a) If the licensee holds a commercial driver's license and a conviction results in the revocation of both the commercial and non-commercial portion of his or her driver's license, the commercial portion of the driver's license shall be automatically restored after the minimum one- year revocation period is served, if the non-commercial portion of the license has been restored as the result of either completion of the alcohol and drug rehabilitation program or approval for re- licensure pursuant to this Part.

(b) If the licensee holds a commercial driver's license and such license is revoked as the result of a conviction that results solely in the revocation of the commercial portion of such license, then such license shall be automatically restored after the one-year minimum revocation period is served.

(c) Subdivisions (a) and (b) shall not be applicable to a person whose license is suspended or revoked for an independent violation or violations at the time at which such person would be eligible for restoration of the commercial portion of his or her license pursuant to such subdivisions.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.3 Grounds for immediate denial of application

An application for a driver's license shall be denied without further review if:

(a) the minimum waiting period provided by statute has not expired; and/or

(b) there is evidence of an open suspension or suspensions which have not been fully complied with; and/or

(c) the applicant fails to furnish any requested document or information required by the commissioner as part of the record review.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.4 Denial of application following record review

(a) An application for a driver's license shall be denied if:

(1) a disability, as defined in section 136.1(b)(2) of this Part, is found, unless evidence shall be presented to satisfy the commissioner that such individual may safely operate a motor vehicle; and/or

(2) there is a history of abuse of alcohol or drugs, as defined in section 136.1(b)(3) of this Part, with insufficient evidence of rehabilitative effort; and/or

(3) There is a combination of safety factors, as defined in Section 136.1(b)(5) of this part, resulting in 25 or more negative units, as set forth in section 136.6(a) of this Part.

(b)

(1) An application for a driver's license may be denied if a review of the entire driving history provides evidence that the applicant constitutes a problem driver, as defined in section 136.1(b)(1) of this Part. If an application is denied pursuant to this paragraph, no application shall be considered for a minimum of one year from the date of denial. In lieu of such denial, the applicant may be issued a license or permit with a problem driver restriction, as set forth in section 3.2(c)(4) of this Title and paragraph (2) of this subdivision.

(2) Upon the approval of an application for relicensing of a person who is deemed a problem driver under this subdivision, the commissioner may impose a problem driver restriction on such person's license or permit, as set forth in section 3.2(c)(4) of this Title. As a component of this restriction, the commissioner may require such person to install an ignition interlock device in any motor vehicle owned or operated by such person. The ignition interlock requirement will be noted on the attachment to the driver license or permit held by such person. Such attachment must be carried at all times with the driver license or permit.

(3)

(i) Revocation of license or permit with problem driver restriction. A license or permit that contains a problem driver restriction shall be revoked:

(a) upon the holder's conviction of a traffic violation or combination of violations, committed while such restriction is in effect, which the Commissioner deems serious in nature; or

(b) for the holder's failure to install and maintain an ignition interlock device in motor vehicles owned or operated by the holder, when required to do so under such restriction.

The attachment, provided for in paragraph (2) of this subdivision, shall set forth the violation or violations that will result in such a revocation. A revocation for any of the above reasons shall be issued without a hearing based upon receipt of a certificate or certificates of conviction. The Commissioner may also revoke a license or permit with a problem driver restriction, without a hearing, upon receipt of a certificate of conviction that indicates that the applicant has driven in violation of the conditions of such restriction.

(ii) Application for relicensure after revocation of license or permit with problem driver restriction.

(a) Except as provided in section 136.5(b)(3)(i), if the applicant held a license or permit with a problem driver restriction and such restriction was for a period of five years, and such person's license or permit is revoked pursuant to this paragraph, the Commissioner shall deny the application for at least five years, in addition to any revocation period imposed pursuant to the Vehicle and Traffic Law. After such waiting period, the Commissioner may approve the application, provided that upon such approval the Commissioner shall impose the problem driver restriction on such person's license for a period of five years and may require the installation of an ignition interlock device in any motor vehicle owned or operated by such person for a period of no less than two but no more than five years. Such period shall be based, in part, on the period of time the applicant had installed an ignition interlock device pursuant to section 136.5(b)(3)(i). Notwithstanding any other provision of this subdivision, if such applicant's license or permit with a problem driver restriction was previously revoked pursuant to the provisions of this paragraph, no new license or permit shall be issued, except that the Commissioner shall not be foreclosed from consideration of unusual, extenuating and compelling circumstances that may be presented for review and which may form a valid basis to deviate from the general policy, as set forth above, in the exercise of discretionary authority granted under section 510 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be set forth in writing and recorded.

(b) Except as provided in section 136.5(b)(4)(i), if the applicant held a license or permit with a problem driver restriction and such restriction was for a period of two years, and such person's license or permit is revoked pursuant to this paragraph, the Commissioner shall deny the application for at least two years, in addition to any minimum revocation period imposed pursuant to the Vehicle and Traffic Law. After such waiting period, the Commissioner may approve the application, provided that upon such approval the Commissioner shall impose the problem driver restriction on such person's license for a period of two years. Notwithstanding any other provision of this subdivision, if such applicant's license or permit with a problem driver restriction was previously revoked pursuant to the provisions of this paragraph, no new license or permit shall be issued, except that the Commissioner shall not be foreclosed from consideration of unusual, extenuating and compelling circumstances that may be presented for review and which may form a valid basis to deviate from the general policy, as set forth above, in the exercise of discretionary authority granted under section 510 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be set forth in writing and recorded.

(4) Employer vehicle. A person required to operate a motor vehicle owned by such person's employer in the course and scope of his or her employment may operate that vehicle without installation of an ignition interlock device only in the course and scope of such employment and only if such person carries in the motor vehicle written documentation indicating the employer has knowledge of the restriction imposed and has granted permission for the person to operate the employer's vehicle without the device only for business purposes. Such documentation shall display the employer's letterhead and have an authorized signature of the employer. A motor vehicle owned by a business entity that is wholly or partly owned or controlled by a person subject to the problem driver restriction is not a motor vehicle owned by the employer for purposes of the exemption provided in this paragraph and shall be deemed to be owned by the person subject to the problem driver restriction.

(c) An application for a driver's license may be denied if the applicant has been convicted of a violation of section 125.10, 125.12, 125.13, 125.14, 125.15, 125.20, 125.22, 125.25, 125.26 or 125.27 of the Penal Law arising out of the operation of a motor vehicle, or if the applicant has been convicted of a violation of section 1192 of the Vehicle and Traffic Law where death or serious physical injury, as defined in section 10.00 of the Penal Law, has resulted from such offense.

(d) An application for a driver's license may be denied if the applicant is currently revoked pursuant to:

(1) a determination of a department of motor vehicles' administrative law judge following a hearing:

(i) to investigate a fatal accident, or

(ii) held under Article 2-A of the vehicle and traffic law where the applicant was convicted of a violation and such violation resulted in the death of, or serious physical injury to, a person other than the applicant.

(2) a judgment of conviction certified by a court of competent jurisdiction, where the violation resulted in the death of, or serious injury to, a person other than the applicant.

(e) Repealed and reserved

(f) While it is the Commissioner's general policy to deny an application based on those elements cited in subdivisions (a), (b), (c) and (d) of this section, the commissioner shall not be foreclosed from consideration of unusual, extenuating or compelling circumstances which may be presented for review, which form a valid basis to deviate from the general policy, as set forth above, in the exercise of the discretionary authority granted under section 510 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be stated in writing and recorded. If an application is approved under such circumstances, the Commissioner may impose a problem driver restriction on such person's license or permit for a period of three years, as set forth in section 3.2(c)(4) of this Title, and may require the installation of an ignition interlock device in any motor vehicle owned or operated by such person for such three-year period.

History

Amended New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff. 2/11/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.5 Special rules for applicants with multiple alcohol - or drug-related driving convictions or incidents and for applicants with an alcohol-related conviction related to a fatal accident

(a) For the purposes of this section:

(1) "Alcohol- or drug-related driving conviction or incident" means any of the following, not arising out of the same incident:

(i) a conviction or a youthful offender adjudication of a violation of section 1192 of the Vehicle and Traffic Law or an out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs;

(ii) a finding of a violation of section 1192-a of the Vehicle and Traffic Law or a finding of a refusal to submit to a chemical test under section 1194-a of the Vehicle and Traffic Law; provided, however, that no such findings shall be considered after the expiration of the retention period contained in paragraph (k) of subdivision 1 of section 201 of the Vehicle and Traffic Law;

(iii) a conviction of an offense under the Penal Law for which a violation of section 1192 of the Vehicle and Traffic Law is an essential element; or

(iv) a finding of refusal to submit to a chemical test under section 1194 of the Vehicle and Traffic Law, where such finding does not arise out of an incident that resulted in a conviction of a violation of section 1192 of the Vehicle and Traffic Law.

(2) Serious driving offense means:

(i) a fatal accident;

(ii) a driving-related Penal Law conviction;

(iii) conviction of two or more violations for which five or more points are assessed on a violator's driving record pursuant to section 131.3 of this Title; or

(iv) 20 or more points from any violations other than as defined in paragraph (1) of this subdivision.

(3) 25 year look back period means the period commencing upon the date that is 25 years before the date of the revocable offense and ending on and including the date of the revocable offense.

(4) "Revocable offense" means the violation, incident or accident that results in the revocation of the person's drivers license and which is the basis of the application for relicensing. Upon reviewing an application for relicensing, the Commissioner shall review the applicant's entire driving record and evaluate any offense committed between the date of the revocable offense and the date the application is reviewed by the Commissioner as if it had been committed immediately prior to the date of the revocable offense. For purposes of this section, "date of the revocable offense" means the date of the earliest revocable offense that resulted in a license revocation for which the revocation has not been terminated by the Commissioner's subsequent approval of an application for relicensing.

(b) Upon receipt of a person's application for relicensing, the commissioner shall conduct a lifetime review of such person's driving record. If the record review shows that:

(1) the person has four or more alcohol- or drug-related driving convictions or incidents in any combination within his or her lifetime, then the Commissioner shall deny the application.

(2) the person has three alcohol- or drug-related driving convictions or incidents in any combination within the 25 year look back period and, in addition, has one or more serious driving offenses within the 25 year look back period, then the Commissioner shall deny the application.

(3)

(i) the person has three alcohol- or drug-related driving convictions or incidents in any combination within the 25 year look back period but no serious driving offenses within the 25 year look back period; and

(ii) the person is currently revoked for an alcohol- or drug-related driving conviction or incident, then the Commissioner shall deny the application for at least five years after which time the person may submit an application for relicensing. Such waiting period shall be in addition to the revocation period imposed pursuant to the Vehicle and Traffic Law. After such waiting period, the Commissioner may in his or her discretion approve the application, provided that upon such approval, the Commissioner shall impose the A2 restriction on such person's license for a period of five years and shall require the installation of an ignition interlock device in any motor vehicle owned or operated by such person for such five-year period. Such waiting period shall be extended for an additional five years if the Commissioner finds that the person has any incidents of driving during the waiting period, as indicated by accidents, convictions or pending tickets or adjudications. If such license with an A2 restriction is later revoked for a subsequent alcohol- or drug-related driving conviction or incident or for a conviction which arises out of a fatal accident, such person shall thereafter be ineligible for any kind of license to operate a motor vehicle.

(4)

(ii) the person is not currently revoked as the result of an alcohol- or drug-related driving conviction or incident, then the Commissioner shall deny the application for at least two years, after which time the person may submit an application for relicensing. Such waiting period shall be in addition to the revocation period imposed pursuant to the Vehicle and Traffic Law.

After such waiting period, the Commissioner may in his or her discretion approve the application, provided that upon such approval, the Commissioner shall impose an A2 restriction, with no ignition interlock requirement, for a period of two years. Such waiting period shall be extended for an additional two years if the Commissioner finds that the person has any incidents of driving during the waiting period, as indicated by accidents, convictions or pending tickets or adjudications. If such license with an A2 restriction is later revoked for a subsequent alcohol- or drug-related driving conviction or incident or for a conviction which arises out of a fatal accident, such person shall thereafter be ineligible for any kind of license to operate a motor vehicle;

(5) the person has two alcohol- or drug-related driving convictions or incidents in any combination within the 25 year look back period, then the commissioner may in his or her discretion approve the application after the minimum statutory revocation period is served;

(6) the person has been twice convicted of a violation of subdivision three, four or four-a of section 1192 of the Vehicle and traffic law or of driving while intoxicated or of driving while ability is impaired by the use of a drug or of driving while ability is impaired by the combined influence of drugs or of alcohol and any drug or drugs where physical injury, as defined in section 10.00 of the Penal law, has resulted from such offense in each instance, then the commissioner shall deny the application;

(7) the person is otherwise eligible for relicensing under this section, but is applying for relicensing due to revocation arising out of an alcohol-related conviction involving a fatal accident, the Commissioner may approve the application after the minimum revocation period is served, provided that upon such approval, the Commissioner shall impose the A2 restriction on such person's license for a period of three years and shall require the installation of an ignition interlock device in any motor vehicle owned or operated by such person for such period. For the purpose of this paragraph, "alcohol-related conviction" shall mean (i) a conviction of a violation of section 1192 of the Vehicle and Traffic Law, or (ii) a conviction of an offense under the Penal Law for which a violation of section 1192 of the Vehicle and Traffic Law is an essential element.

(c) The grounds for any denial shall be set forth in writing and a copy shall be made available to the person making the application for relicensing.

(d) While it is the Commissioner's general policy to act on applications in accordance with this section, the Commissioner shall not be foreclosed from consideration of unusual, extenuating and compelling circumstances that may be presented for review and which may form a valid basis to deviate from the general policy, as set forth above, in the exercise of discretionary authority granted under sections 510 and 1193 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be set forth in writing and recorded. If an approval is granted based upon unusual, extenuating and compelling circumstances, the applicant may be issued a license or permit with a problem driver restriction, as set forth in section 3.2(c)(4) of this Title, and may be required to install an ignition interlock device in any motor vehicle owned or operated by such person for a period of five years. The provisions of this subdivision shall not apply to denials under paragraph (6) of subdivision (b) of this section.

(e) If there are two alcohol or drugrelated driving convictions or incidents on an applicant's driving record, the consideration of an application for relicensing shall be held in abeyance if the applicant has at least one ticket pending for alcohol or drugrelated driving offenses where the pending ticket or tickets, if disposed of as a conviction of the original charge, would result in the denial of the application. In addition, if, after an application for relicensing is approved, the Commissioner receives information that indicates that such application should have been denied or that the applicant operated a motor vehicle prior to approval or after approval of such application but prior to obtaining a valid permit or license, the Commissioner shall rescind such approval and the license or privilege granted shall be revoked.

History

Amended New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff. 2/11/2015

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.7 Licenses from other jurisdictions

Notwithstanding any other provision of this Part, whenever a license has been revoked after a determination that such license was irregularly obtained based upon submission of a driver's license from another jurisdiction, which license was not valid at the time of submission, such revocation shall not be terminated, and no new license issued:

(a) if the license from the other jurisdiction was revoked at the time of submission, until at least one year has elapsed from the date of the revocation issued by the other jurisdiction, or until such revocation is no longer in effect in the other jurisdiction, whichever occurs sooner; or

(b) if the license from the other jurisdiction was suspended at the time of submission, until such suspension period is terminated.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.8 Effect of application denial

Denial of an application for license shall be appealable to the Administrative Appeals Board, except that the appeals board shall not consider any material which had not been previously submitted. In such a case, the applicant shall be required to submit any additional material in a new application.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.9 Effect of completion of the alcohol and drug rehabilitation program

The successful completion of the article 21 alcohol and drug rehabilitation program, where no intervening safety factors occurred between the date such person entered the program and the date the application for a license is made and with no subsequent incidents of operating a motor vehicle while under the influence of alcoholic beverages or drugs, shall be considered evidence of rehabilitative effort satisfactory for the purposes of this Part. Provided, however, if enrollment in the program based upon the plea bargaining provisions of Vehicle and Traffic Law, section 1192(10)(a)(ii) and (10)(d), and if such person would not otherwise have been eligible for enrollment in the program pursuant to section 1196(4) of such law, then completion of the program, may not, in the commissioner's discretion, be deemed evidence of rehabilitative effort.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.10 Application for relicensing

(a) Application by the holder of a post-revocation conditional license. Upon the termination of the period of probation set by the court, the holder of a post-revocation conditional license may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle. An application for licensure may be approved if the applicant demonstrates that he or she:

(1) has a valid post-revocation conditional license; and

(2) has demonstrated evidence of rehabilitation as required by this Part.

(b) Application after permanent revocation. The commissioner may waive the permanent revocation of a driver's license, pursuant to Vehicle and Traffic Law section 1193(2)(b)(12)(b) and (e), only if the statutorily required waiting period of either five or eight years has expired since the imposition of the permanent revocation and, during such period, the applicant has not been found to have refused to submit to a chemical test pursuant to Vehicle and Traffic Law section 1194 and has not been convicted of any violation of section 1192 or section 511 of such law or a violation of the Penal Law for which a violation of any subdivision of such section 1192 is an essential element. In addition, the waiver shall be granted only if:

(1) the applicant presents proof of successful completion of a rehabilitation program approved by the commissioner within one year prior to the date of the application for the waiver; provided, however, if the applicant completed such program before such time, the applicant must present proof of completion of an alcohol and drug dependency assessment within one year of the date of application for the waiver; and

(2) the applicant submits to the commissioner a certificate of relief from civil disabilities or a certificate of good conduct pursuant to article 23 of the Correction Law; and

(3) the application is not denied pursuant to section 136.4 or section 136.5 of this Part; and

(4) there are no incidents of driving during the period prior to the application for the waiver, as indicated by accidents, convictions or pending tickets. The consideration of an application for a waiver when the applicant has a pending ticket shall be held in abeyance until such ticket is disposed of by the court or tribunal.

Part 138 Motor Vehicle Accident Prevention Course

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.1 Introduction

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.2 Definitions

For the purposes of this Part, the following terms shall have the following meanings:

(a) Sponsoring agency shall mean an organization which owns an approved motor vehicle accident prevention course approved by the commissioner pursuant to this Part. A sponsoring agency shall be responsible for the delivery and administration and compliance with all applicable laws, rules, and regulations relative to the motor vehicle accident prevention course.

(b) Delivery agency shall mean an organization which conducts a sponsoring agency's approved motor vehicle accident prevention course.

(d) Instructor shall mean an individual employed by a sponsoring agency or delivery agency to teach an approved motor vehicle accident prevention course who meets the qualifications set out in section 138.7 of this Part.

(e) Accident prevention course or course shall mean the motor vehicle accident prevention course or specialized course curriculum which has been approved by the department in accordance with standards set out in this Part.

(f) Specialized course shall mean a course aimed primarily at enhancing safety within a specific occupation or for a specific category of vehicles within that occupation.

(g) Completion certificate shall mean a document which cannot be altered and which is provided to the student who successfully completes the motor vehicle accident prevention course.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.3 Point reduction benefits

Section 131.5 of this Title permits drivers to be eligible for point reduction on their driving record if they have completed an approved course. Upon receipt of electronic student completion data and $2 from the sponsoring agency to cover the department's administrative costs, notice of program completion will be entered on a motorist's driving record. The department will enter a maximum reduction of four points on the driving record, if appropriate, for each motorist certified as having attended and completed a motor vehicle accident prevention course. All required documentation must be transmitted by the sponsoring agency to the department in a manner prescribed by the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.4 Course approval

(a) An organization seeking approval as a motor vehicle accident prevention course sponsoring agency shall apply to the commissioner for approval in writing on forms prescribed by the department. No one may conduct a course unless the course has been approved by the Department of Motor Vehicles in accordance with the standards set out in this Part.

(b) An organization which proposes to offer a motor vehicle accident prevention course for point and insurance reduction benefits must submit a completed application to the department for approval in accordance with standards set out in this section and section 138.5 of this Part.

(c) An application shall not be considered to be complete until all information and materials required by this Part and article 12-B of the Vehicle and Traffic Law have been submitted. The department shall either approve or deny an application for course approval no later than 90 days following submission of a completed application. In the event the department takes no action on an application after 90 days following submission of a completed application, the application shall be deemed denied.

(d) To be approved by the department, a course must meet all of the following criteria:

(1) the course must have been given for at least two years by the applicant agency or organization prior to the submission of an application to the department;

(2) the applicant organization must provide, at its own expense, verifiable research documentation showing evidence of the course's effectiveness in terms of reduced convictions or accidents or both, based on the criteria set forth in this section for initial course approval;

(3) the course must provide a minimum of 320 minutes of instruction with a certified instructor present. The instruction must include active learning techniques (i.e., student participation). If the course is conducted in one day, a minimum 30-minute break must be allowed in addition to the instruction time. Such instruction must address the following subject areas:

(i) the concept of collision prevention, including a discussion of the factors involved in traffic situations;

(ii) alcohol and drug use as a contributing factor in motor vehicle collisions;

(iii) accident prevention techniques;

(iv) the use of occupant restraints;

(v) the risk factors involved in driver attitude and behavior such as speeding, reckless and aggressive driving, and improper lane use, etc.;

(vi) traffic laws in New York State;

(vii) physical and mental condition of drivers (i.e., age, vision, hearing, mobility, illness, fatigue, etc.);

(viii) conditions and strategies of driving; and

(ix) city versus suburban driving and rural versus expressway driving;

(4) the course must use up-to-date audio/visual aids such as films, slides, and videotapes which should not use more than 25 percent of the presentation time. The balance of the presentation time shall be led by a qualified instructor in an approved classroom based on standards set out in section 138.8 of this Part; and

(5) no course may be offered in New York State by more than one sponsoring agency.

(e) Evaluation of motor vehicle accident prevention course. This subdivision shall apply to all sponsoring agencies applying for initial course approval.

(1) All sponsoring agency applicants shall supply the department with proof of effectiveness consisting of verifiable research documentation employing accepted research principles in order to evaluate the impact of the New York State Point and Insurance Reduction Program. The evidence shall be specific to the course submitted, and shall not be more than five years old.

(2) An independent audit of course evaluations may be requested by the department to be performed at the expense of the sponsoring agency.

(3) The department may conduct its own evaluation of any approved course offered for point and insurance reduction benefits.

(4) Submission of any fraudulent or intentionally misleading data will disqualify that organization and all owners and principals from participating or approval in the accident prevention course for a period of 10 years from the submission date.

(5) The effectiveness of the course will be measured in terms of reduced convictions or accidents or both, based on the course attendees (the treatment group) as compared to a matched group of motorists who did not attend an accident prevention course (the control group) during the same time frame. This documentation shall be based on motorist records from the jurisdiction in which the course was given. The following criteria shall be used for the purpose of this evaluation and all renewal evaluations required under section 138.5(f) of this Part:

(i) Treatment group.

(a) Each treatment group shall be comprised of a minimum of 3,000 randomly selected motorists from course attendees. For specialized courses, the sample treatment group shall be comprised of a minimum number of 1,000 randomly selected drivers.

(b) The documentation shall include conviction or accident data for each motorist for a minimum of 18 months prior to the course completion date.

(c) The documentation shall include conviction or accident data for each motorist for a minimum of 18 months subsequent to the course completion date.

(ii) Control group.

(a) Each control group shall be comprised of a number of motorists equal to that of the treatment group, but with no previous course attendance, similar to the treatment group by sex, age, geographic region, and, if possible, number of convictions or accidents during the time frame equal to the treatment group.

(b) The documentation shall include conviction or accident data for each motorist for a time frame prior to the dummy attendance date equal to that of the treatment group.

(c) The documentation shall include conviction or accident data for each motorist for a time frame subsequent to the dummy attendance date equal to that of the treatment group.

(iii) Statistical procedures.

(a) A normally accepted statistical procedure, applicable to the type of data and evaluative design used, which compares quantifiable measures of performance before and after intervention, for a treatment and control group may be used.

(b) The level of significance shall be at.10 or stronger.

(iv) Miscellaneous.

(a) The documentation shall contain a description of the sampling and analytic procedures used.

(b) The documentation shall include the motorist identification number and the course completion date for all course attendees should the Department of Motor Vehicles need to verify course effectiveness using different motorists and statistical procedures.

(c) Applicants must supply, upon request, any background documentation that serves as the basis for evaluation of the course, such as drivers' abstracts, reports or other materials.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.5 Sponsoring agency approval

(a) An organization that owns a course must obtain approval from the department before the course can qualify for point and insurance reduction benefits.

(b) An application for approval of a sponsoring agency shall be made in writing to the department and must include:

(1) the title or name of the course;

(2) the name of the organization submitting the application;

(3) proof of course ownership; and

(4) the names and addresses of all owners, operators, managers, partners, officers and directors of the agency or organization and, if such persons have ever used or have ever been known by another name, such name or names must also be submitted.

(c) An application shall not be considered to be complete until all information and materials required by this Part and article 12-B of the Vehicle and Traffic Law have been submitted.

(d) The department will not approve a sponsoring agency with a course name that is the same as the name of any other approved course or is so similar to the name of any other approved course that confusion or deception would result.

(e) Upon approval, a sponsoring agency will be subject to a two-year probationary period, during which compliance with this Part will be assessed. Final approval will be based upon successful completion of the probationary period.

(f) Sponsoring agency approval must be renewed every five years in accordance with the standards set forth in section 138.4(e) of this Part. An approved specialized course is exempt from this provision and need not be renewed every five years. However, if the department determines that an approved specialized course does not adequately address the standards as set forth in this Part, the specialized course may be required to submit a course effectiveness study as defined in section 138.4 of this Part.

(g) To obtain approval as a sponsoring agency, an applicant must:

(1) provide the department with a description of the minimum qualifications of all managers and instructors who will be hired or approved by the applicant;

(2) provide and require a minimum of six hours of instructor training programs, including in-service refresher workshops at least every two years, to ensure competency in delivering the course in the areas set out in section 138.4(c)(3) of this Part. These programs must also address teaching methodologies and psychology of learning, as well as a discussion of all applicable laws, regulations, and policies; the instructor training programs must also include a demonstration of the teaching abilities of each instructor; applicants must submit a full description of the instructor training course, including the number of hours and a copy of the curriculum;

(3) provide each instructor with an instructor's manual and provide student workbooks and/or manuals for each course participant as necessary to follow and participate in the course; each workbook shall have prominently displayed the sponsoring agency's name and telephone number;

(4) provide, for the department's approval, a sample course completion certificate which is designed to and capable of preventing fraud and forgery, for the purpose of verifying course completion for submission to insurance companies;

(5) establish and maintain a recordkeeping system compatible with the department's requirements for data entry of course completion information;

(6) establish appropriate lines of communication with the department in order to provide efficient and effective administration of the course;

(7) provide and maintain an office in New York State for the operation and supervision of such course, to provide customer assistance and to keep program records open to the inspection of the department during the sponsoring agency's normal business hours, or by appointment at a time and place acceptable to the department;

(8) submit copies to the department of any and all written policies and procedures related to the administration of the program;

(9) comply with section 1304 of the Not-for-Profit Corporation Law if the applicant organization is a foreign not-for-profit corporation or section 1304 of the Business Corporation Law if it is a foreign profit making corporation;

(10) submit to the department copies of the forms filed with the appropriate county clerk if the sponsoring agency is an individual, partnership and/or d/b/a;

(11) supply the department with a copy of the certificate of incorporation filed with the Secretary of State if the sponsoring agency is a corporation, or a charter issued by the New York State Board of Regents, if applicable; and

(12) ensure that all instructors are qualified at all times to teach the accident prevention course by establishing and maintaining an account with the department's License Event Notification Service (LENS), which monitors the driving records of selected motorists. In any case where the instructor's driving privileges are suspended, revoked, or expired, the department will notify the sponsor.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.6 Delivery agency approval

(a) All delivery agency applications must be reviewed and approved by an approved sponsoring agency before the delivery agency may conduct a course which qualifies for point and insurance reduction benefits.

(b) In order to be approved by a sponsoring agency, a delivery agency must:

(1) have at least one qualified instructor on staff pursuant to section 138.7 of this Part;

(2) have one or more classrooms which meet standards set out in section 138.8 of this Part;

(3) offer a course approved pursuant to section 138.4 of this Part;

(4) comply with section 1304 of the Not-for-Profit Corporation Law if the delivery agency is a foreign not-for-profit corporation or section 1304 of the Business Corporation Law if the delivery agency is a foreign profit making corporation;

(5) submit to the sponsoring agency copies of the forms filed with the appropriate county clerk if the delivery agency is an individual, partnership and/or d/b/a;

(6) submit to the sponsoring agency a copy of the certificate of incorporation filed with the Secretary of State if the delivery agency is a corporation or, if applicable, a copy of the charter issued by the New York State Board of Regents; and

(7) submit to the sponsoring agency the Federal employer tax identification numbers and/or Federal social security account numbers of the owners, operators, managers and instructors and any other paid employee who is involved in the administration or delivery of any approved motor vehicle accident prevention course.

(c) No delivery agency shall represent itself as a driving school unless it has a valid driving school license issued by the department pursuant to Part 76 of this Title. A copy of the current driving school license shall be submitted to the sponsoring agency and kept on file.

(d) As a condition of approval, all delivery agency managers, owners, operators, officers, partners and employees must sign a prepared statement, provided by the sponsoring agency, acknowledging the fact that they have read and agree to comply with this Part and all other applicable laws, regulations, policies and procedures.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.7 Qualifications for instructors

(a) All instructor applications must be reviewed and approved by the sponsoring agency before the instructor may conduct a course which qualifies for point and insurance reduction benefits. The instructor must provide the Federal social security number to the sponsoring agency.

(b) An instructor of a motor vehicle accident prevention course must:

(1) have a driver's license valid for operation in New York State;

(2) have at least three years of licensed driving experience;

(3) have no driver's license suspension or revocation within the five years prior to becoming an instructor (with the exception of an indefinite suspension which can be terminated by the performance of an act by the licensee) and no alcohol related driving conviction within the seven years prior to becoming an instructor;

(4) have a high school or equivalency diploma;

(5) be at least 19 years of age;

(6) complete a sponsoring agency's instructor preparation course (as required by section 138.5[g][2] of this Part) before conducting the course and participate in refresher workshops at least once every two years in order to insure an understanding of appropriate learning concepts and the utilization of these concepts; and

(7) have not been convicted within 10 years prior to becoming an instructor of a felony or crime involving violence, dishonesty, degeneracy, moral turpitude, deceit, or fraud, including but not limited to theft, forgery, making false written statements, rape, perjury, fraud or bribery. Sponsors shall solicit and collect this information on instructor application forms. No instructor application shall be deemed complete until the applicant has disclosed this information and signed the dated application.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.8 Classroom facilities

(a) A delivery agency approved by a sponsoring agency must provide a classroom which is clean, adequately lighted, heated, ventilated and free from visible and/or audible distractions. Adequate rest room facilities must be available to all students. Classrooms must have adequate seating facilities for the maximum number of students enrolled in any such course with no classroom having a seating capacity for fewer than 10 students. The classroom must be equipped with fully functional audio/visual equipment which is clearly visible from all seating areas.

(b) In no case shall any class have more than 40 enrolled students.

(d) A delivery agency must have the address of each classroom on file with its sponsoring agency who will make this information available to the department upon request. No delivery agency may change class locations or hold any class without prior approval of the sponsor, in accordance with this section.

(e) Classroom facilities must be free from interference or distractions to instruction and closed to the general public.

(f) Classrooms must comply with all applicable local fire, sanitation and building requirements.

(g) To the extent required by the Americans with Disabilities Act (ADA), the course must be available to any qualified handicapped individual, as defined by the ADA, seeking access to the program.

(h) No classroom shall be approved by a sponsoring agency where the place of business is conducted in any nontraditional classroom location (such as a house, trailer, bar or grill, personal residence, residence room in a hotel, restaurant, diner, billiard hall, bowling alley, gasoline station, garage, tour bus, comedy club, or strip club). A sponsoring agency may consult with the department before approving a classroom location, when a question arises as to what is a suitable facility for conducting an accident prevention course.

(i) The instructor's full name, delivery agency name, telephone and code number, sponsoring agency name and telephone number shall be prominently displayed in the classroom during class time.

(j) No delivery agency classroom shall be approved by a sponsoring agency if it is within a building owned or leased by the State or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.9 Suspension or revocation of approval; hearings

(a) The department may suspend or revoke approval of a sponsoring agency or delivery agency for any of the following causes:

(1) the department determines that the sponsoring agency, its delivery agencies or instructors have failed to comply with any of the provisions of this Part or any applicable law or a sponsoring agency has failed to provide oversight of its delivery agencies in accordance with this Part;

(2) a course which, after evaluation, proves ineffective or which contains any changes which have not been approved;

(3) a sponsoring agency or delivery agency has made a material false statement or concealed a material fact in connection with an application or has knowingly presented false or misleading information to the department, or to the general public;

(4) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency or delivery agency to permit the department or its representatives to inspect any of the offices, records, classrooms or courses;

(5) failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency to report every motorist's completion of an accident prevention course to the department or, in the case of a delivery agency or instructor, to the sponsoring agency;

(6) failure or refusal of the managers, owners, operators, officers, partners, or employees of the sponsoring agency to produce approval and/or termination records for delivery agencies and instructors when requested to do so by the department;

(7) failure or refusal to maintain standards in accordance with this Part for instructors or to secure the services of qualified instructors or to secure the use of equipment sufficient to maintain the delivery agency or classes;

(8) failure to advise the department within 30 days of a change in the sponsoring agency's ownership, name or address;

(9) failure of the managers, owners, operators, officers, partners, or employees of the sponsoring agency to submit to the department upon request on or before an established deadline any forms, reports, or approvals to conduct the course;

(10) provision of a course completion notification to the department, or, in the case of a delivery agency or instructor, to a sponsoring agency, for a person who has not completed the course;

(11) provision of a course completion certificate to a person who has not completed the course;

(12) failure to terminate an instructor when the sponsoring agency becomes aware of the fact that such instructor's driving privileges have been suspended, revoked or restricted or that such instructor does not meet the standards set out in this Part;

(13) conviction for any felony or crime involving fraudulent activity by any manager, owner, operator, officer, partner, employee or instructor of the sponsoring agency or delivery agency;

(14) teaching the course in locations that have not been approved in accordance with section 138.8 of this Part;

(15) failure to display an instructor's full name, delivery agency name, telephone, and code number, sponsor's name and telephone number in the classroom during class time; or

(16) failure of the sponsoring agency to monitor its delivery agencies and instructors as required by section 138.10 of this Part and, in cases where evidence of impropriety is discovered, failure to take appropriate steps to correct the impropriety or terminate the delivery agency or instructor if necessary. In cases where allegations of fraudulent or criminal activity are presented, (including but not limited to, false advertising, short classes, fraudulent sale or issuance of completion credit or certificates to those who are not legally entitled to receive them) failure to provide timely notification to the department and, upon request, investigate the matter.

(b) An instructor shall have his or her status suspended or revoked by the sponsoring agency, the delivery agency or the department for any of the following causes:

(1) the instructor's presentation does not adequately address subject areas set out in section 138.4(d)(3) of this Part;

(2) a false statement is provided on the instructor's application or any other materials submitted to the sponsoring agency, delivery agency or the department;

(3) the instructor's driving record is inconsistent with the qualifications for an instructor as set out in section 138.7 of this Part;

(4) the instructor's classroom practices are found to be in violation of any of the provisions of this Part;

(5) the instructor conducts the class while under the influence of alcohol or illegal drugs;

(6) after evaluation, the instructor's classroom performance is ineffective; or

(7) the instructor has been convicted of any fraudulent activity related to the program, or is convicted of any crime involving violence, rape, dishonesty, deceit, indecency, degeneracy, moral turpitude or fraud, including but not limited to theft, forgery, making false statements, perjury or bribery.

(c) If the approval of a sponsoring agency is suspended or revoked by the department, all delivery agencies and classroom operations of the sponsoring agency will also be suspended or revoked. If the approval of a delivery agency is suspended or revoked by the sponsor or the department, all instructors and classroom operations of the delivery agency will also be suspended or revoked.

(d) No approval of a sponsoring agency, delivery agency or instructor shall be denied, revoked or suspended by the department without an opportunity to be heard, such hearing to be held pursuant to Part 127 of this Title and at such time and place as the commissioner shall prescribe. A hearing must be requested in writing within 30 business days of receipt of notification of suspension or revocation from the department. Any request filed after the 30-day deadline shall not be considered. If such request for a hearing be made, the suspension or revocation shall be stayed pending completion of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.10 Sponsoring agency course administration

An approved sponsoring agency must:

(a) perform all administrative functions in connection with the course in accordance with this Part and applicable law;

(b) approve instructors who are qualified in accordance with the standards set out in section 138.7 of this Part prior to their teaching the course;

(d) apply to the department for approval based on standards set out in section 138.4 of this Part for any proposed additions or deletions to an approved course curriculum;

(e) allow and enable the department to audit the program records of the approved course and to monitor and evaluate any and all portions of the program during reasonable business hours;

(f) notify the department in writing within 30 business days of any suspension or revocation of approval of a delivery agency or instructor when the suspension or revocation resulted from a violation of any provision of this Part;

(g) advertise its course in compliance with the requirements set out in section 138.13 of this Part;

(h) maintain student completion records for a period of three years and provide duplicate completion certificates if necessary upon request. Student records shall include at least the following information:

(1) student's complete name and motorist identification number as it appears on the driver's license;

(2) student's date of birth;

(3) student's current mailing address;

(4) student's dates of enrollment, re-enrollment, if applicable, and course completion; and

(5) student security document number;

(i) monitor and oversee actions taken by the delivery agencies and/or instructors with respect to the conduct of the course;

(j) issue course completion certificates within 45 business days of course completion to each and every motorist who successfully completes the course;

(k) report each and every motorist who successfully completes the course to the department within 60 business days of course completion;

(l) assist the department in maintaining a database of active delivery agencies and instructors of the sponsoring agency by supplying the department with a complete list of active delivery agencies and instructors (i.e., those who have taught the course at least once in the prior 12 months) four times annually electronically in a manner prescribed by the commissioner; such lists shall include information such as instructor name, address, date of birth, telephone number, social security number, date of instructor training, date of approval, date of re-certification, if applicable, delivery agency code, classroom locations and names of delivery agency contact persons;

(m) comply with the Americans with Disabilities Act to the extent applicable;

(n) collect class schedules from delivery agencies no less than 30 days prior to holding any class;

(o) provide the department, upon request, with a schedule of class dates, times, instructor names, and locations;

(p) ensure that the course is conducted in a serious and professional manner;

(q) approve all classroom space in accordance with section 138.8 of this Part;

(r) submit to the department Federal employer tax identification numbers and/or Federal social security account numbers for all delivery agency owners, managers, instructors and employees of the delivery agency and sponsoring agency, as required by Tax Law, section 5(2);

(s) submit to the department proof of workers' compensation and/or disability benefits insurance, as required by Workers' Compensation Law and Disability Benefits Law;

(t) provide each instructor with an instructor manual during instructor training and each student with a workbook during class;

(u) implement a system of preventing, detecting and responding to allegations of fraud and violations of this Part; this shall include but not be limited to regular on-site monitoring of delivery agencies, instructors, and classroom facilities, contacting a sampling of students to ensure class attendance and quality delivery, reviewing class rosters and sign-in sheets for inaccuracies and peculiarities when submitted by agencies, periodically pull and review records, and do away with pre-signed temporary completion certificates;

(v) pre-approve receipts to be issued to every student by delivery agencies at the conclusion of the course in lieu of temporary certificates; the receipts are to be used only as an acknowledgment of the payment of course fees and attendance for the minimum number of hours required by law, and shall not be used as a substitute for official completion certificates; such receipts must be legible and include the sponsoring agency's name and telephone number, delivery agency's name and telephone number and code number, class date, time and location, and instructor's full name; and

(w) monitor all delivery agencies and instructors. In any case where evidence of impropriety exists, the sponsoring agency shall take steps to correct the impropriety. Where allegations of fraudulent or criminal activity (including, but not limited to, false advertising, short classes, issuing completion credit or certificates to those not legally entitled) are presented, the sponsoring agency shall provide timely notification to the department and, upon request, investigate the matter. A delivery agency or any delivery agency employee or instructor shall not be used as a resource by a sponsoring agency for the purpose of investigating the alleged fraud or criminal activity of delivery agencies or instructors.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.11 Delivery agency course administration

A delivery agency approved by a sponsoring agency must:

(a) perform all administrative functions in connection with the course in accordance with this Part;

(b) ensure that each course begin with the distribution of a departmental statement (form C-32A) to each student describing point and insurance reduction benefits;

(c) permit only qualified and sponsoring agency-approved instructors to conduct the courses for point and insurance reduction benefits;

(d) provide the sponsoring agency with all information necessary for the issuance of course completion certificates and for notification to the department of each motorist who completes the course; this information must be submitted in accordance with the requirements of the sponsoring agency;

(e) refund any tuition collected from persons enrolled in the course in any case in which the course is not conducted;

(f) allow the department both to audit the program records of the approved course and to monitor and evaluate any and all portions of the program; completed the number of hours as required under article 12-B of the Vehicle and Traffic Law, and that any false information on this roster will be used as evidence in a court of law and/or administrative proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.13 Course advertising

(a) Any form of advertising (including verbal or written statements, promotional materials, brochures, leaflets, newspaper and magazine ads, yellow page ads, radio and television publicity, receipts, Internet web pages, or any other medium which makes reference to the accident prevention course or point and insurance reduction benefits) by a sponsoring agency and/or delivery agency must conform with all of the following standards:

(1) A sponsoring agency is responsible for the content of the advertising of its delivery agencies with regard to the point and insurance reduction program. Sponsoring agencies shall review and approve all delivery agency advertising to ensure compliance with this Part or provide pre-approved advertising materials for delivery agencies to use.

(2) All advertising must indicate that the course is six hours in length.

(3) Point/Insurance Reduction Program advertising shall not be combined with any other advertising such as driving school or insurance agency advertising unless it has been approved by the sponsoring agency in order to protect the public from potentially confusing or misleading information.

(4) No sponsoring agency, delivery agency, instructor or employee may publish, advertise or imply that the completion of the course conducted for point reduction will result in the erasing or masking of any information from a motorist's driving record. Communication with course participants must clearly indicate that while certain departmental administrative actions based upon a motorist's point accumulation may be prevented, all traffic convictions will continue to be displayed on the motorist's driving record.

(5) No sponsoring agency, delivery agency, instructor or employee may make false or misleading claims or statements in any of its advertisements.

(6) All course advertising must identify the sponsoring agency and delivery agency.

(7) Any material in departmentally produced literature may be quoted without attribution, provided the quote retains its original meaning. Any presentation of departmental material which implies or creates a meaning other than the meaning offered by the department is prohibited.

(8) The only acceptable reference to the department is that the sponsoring agency's course is approved by the New York State Department of Motor Vehicles. Words which convey partnership, such as "in cooperation with," "supervised by," "recommended by," or "endorsed by" the Department of Motor Vehicles may not be used. No sponsoring agency, delivery agency, instructor or employee shall falsely advertise or represent itself to be an agent or employee of the Department or of New York State unless the sponsoring agency is a State agency or the State agency is an approved delivery agency offering courses to its employees. No delivery agency may use the words "DMV approved" in their advertising unless they specifically state that the sponsoring agency's course has been approved by the DMV for point and insurance reduction purposes.

(9) No sponsoring agency or delivery agency shall conduct business or display or distribute any advertising material within a building owned or leased by the State or county in which motor vehicle registrations or licensees are issued to the public.

(10) No organization shall advertise point or insurance reduction benefits in any manner until such time as such advertising has been approved in accordance with this Part.

(11) No sponsoring agency or delivery agency shall use any name other than its approved name for advertising or publicity purposes. No delivery agency may use the words "driving school" unless it is licensed in accordance with Part 76 of this Title.

(12) A copy, recording or videotape of any advertisement shall be kept on file by a sponsoring agency or delivery agency for three years along with a record of when and where it was used or distributed.

(13) Advertising shall reflect the serious nature of the motor vehicle accident prevention course and, in no way, either through the text of the advertisement or through the name of the course, diminish the subject matter of the course. Advertising shall not refer to gimmicks or enticements, such as comedy or free gifts, or to any benefits other than point and insurance reduction.

(14) Permission to re-publish any content of the department's web site shall be obtained from the department's Internet office. The department will provide an image to use as a link to the site. The department's web site may not be placed within any other web site frames.

(15) Comparative statistics or claims which state or imply that one sponsoring agency is more effective than another are not to be used. The effectiveness of one sponsoring agency's approved course may not be statistically compared to another approved course.

(16) No implicit or explicit claims which are not supported by documentation are permissible. Such documentation and the proposed advertising must be reviewed and approved by the sponsoring agency in accordance with the standards of this section before they may be used.

(17) Sponsoring agencies or delivery agencies should consider including the following topic guidelines in their advertising:

(i) Persons are eligible once in 18 months for point reduction, even if the point reduction benefit is not used. Points which are reduced remain on a motorist's record, but are not counted by the department in determining further administrative actions against the license.

Part 139 Chemical Test Refusals

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.1 Introduction

Section 1194 of the Vehicle and Traffic Law provides for the temporary suspension and subsequent revocation of a license or operating privilege when a person refuses to submit to a chemical test. Section 49-a of the Navigation Law provides for the temporary suspension and subsequent suspension of the privilege of operating a vessel when a person refuses to submit to a chemical test. Section 25.24 of the Parks, Recreation and Historic Preservation Law contains a similar provision regarding refusing a chemical test when operating a snowmobile. In order to facilitate the orderly taking and recording of such actions, and to insure that hearings are held in timely fashion, these regulations are promulgated pursuant to the authority contained in section 1194 of the Vehicle and Traffic Law, section 25.24 of the Parks, Recreation and Historic Preservation Law and section 49-a of the Navigation Law. Unless otherwise noted, commissioner shall refer to the Commissioner of Motor Vehicles, and department shall refer to the Department of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.2 Police officer procedure upon arrest and arraignment

(a) If any person who has been placed under arrest for any violation of section 1192 of the Vehicle and Traffic Law (or who has taken a breath test, pursuant to section 1194[1] of such law, which indicates that the person has consumed alcohol) is requested to submit to a chemical test, the police officer shall inform the person that the license or permit to drive and any nonresident operating privilege shall be immediately suspended and subsequently revoked for refusal to submit to such chemical test or any portion thereof, whether or not the person is found guilty of the charge for which he or she was arrested. If the person thereafter refuses to submit, the test shall not be given unless a court order has been granted pursuant to section 1194 (3) of the Vehicle and Traffic Law. The arresting police officer shall cause to be made a written report of such refusal on a form provided by or acceptable to the commissioner, verified as provided by law (Report of Refusal to Submit to Chemical Test). No report shall be made if there was a compulsory test administered pursuant to section 1194 (3) of the Vehicle and Traffic Law.

(b) If any person who has been placed under arrest for any violation of section 49-a of the Navigation Law (or who has taken a breath test, pursuant to section 49-a[6] of such law, which indicates the person has consumed alcohol) is requested to submit to a chemical test, the police officer shall inform the person that the privilege to operate a vessel shall be immediately suspended for refusal to submit to such chemical test, whether or not the person is found guilty of the charge for which he or she was arrested. If the person thereafter refuses to submit, the test shall not be given unless a court order has been granted pursuant to section 49-a (8) of the Navigation Law. The arresting police officer shall cause to be made a written report of such refusal on a form provided by or acceptable to the commissioner, verified as provided by law (Report of Refusal to Submit to Chemical Test--Vessel). No report shall be made if there was a compulsory test administered pursuant to section 49-a (8) of the Navigation Law.

(c) If any person who has been placed under arrest for any violation of section 25.24 of the Parks, Recreation and Historic Preservation Law (or who has taken a breath test, pursuant to section 25.24[5][b] of such law, which indicates the person has consumed alcohol) is requested to submit to a chemical test, the police officer shall inform the person that the privilege to operate a snowmobile shall be immediately suspended for refusal to submit to such chemical test, whether or not the person is found guilty of the charge for which he or she was arrested. If the person thereafter refuses to submit, the test shall not be given unless a court order has been granted pursuant to section 25.24(7)(d)(4) of such law. The arresting police officer shall cause to be made a written report of such refusal on a form provided by or acceptable to the commissioner, verified as provided by law (Report of Refusal to Submit to Chemical Test-- Snowmobile). No report shall be made if there was a compulsory test administered pursuant to section 25.24(7)(d)(4) of such law.

(d) Upon arraignment. Upon the arraignment of the defendant, the police officer shall present to the court copies of the report of refusal to submit to chemical test. The police officer shall bring his or her own copy of such report to the refusal hearing at the location and on the date and time specified in the temporary suspension and notice of hearing form provided by the court.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.3 Court procedure upon arraignment

(a) Upon arraignment of a defendant under arrest for any violation of section 1192 of the Vehicle and Traffic Law the court shall, upon the basis of the police officer's report of refusal, temporarily suspend without notice the license or permit to drive and any nonresident operating privilege of the defendant.

(b) Upon arraignment of a defendant under arrest for any violation of section 49-a of the Navigation Law, the court shall, upon the basis of the police officer's report of refusal, temporarily suspend without notice the defendant's privilege to operate a vessel.

(c) Upon arraignment of a defendant under arrest for any violation of section 25.24 of the Parks, Recreation and Historic Preservation Law, the court shall, upon the basis of the police officer's report of refusal, temporarily suspend without notice the defendant's privilege to operate a snowmobile.

(d) Upon arraignment under either subdivision (a), (b) or (c) of this section, the court shall complete a temporary suspension and notice of hearing form (adding the location and the next available hearing date and time, as provided by the commissioner), and give the appropriate copies to the defendant and the police officer. Within 48 hours of the arraignment, the court must forward copies of both the refusal report and the temporary suspension and notice of hearing form to the commissioner, and in the case of an arraignment for violation of Navigation Law, section 49-a or Parks, Recreation and Historic Preservation Law, section 25.24, the court must forward an additional copy of the report of refusal to the Commissioner of Parks, Recreation and Historic Preservation. Timely submission of the refusal report to the Commissioner of Motor Vehicles may not be waived even with consent of all parties.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.4 Provisions applicable to the department of motor vehicles

(a) The commissioner shall provide to all magistrates, in advance, a schedule of hearing dates and locations and forms necessary to carry out the provisions of this Part.

(b) Time of hearing. The refusal hearing shall commence at the place provided in the notice of hearing form and as close as practicable to the designated time. If the hearing cannot be commenced due to the absence of a hearing officer or the unavailability of the planned hearing site, it will be rescheduled by the department, with notice to the police officer and person accused of the refusal. Adjournment requests for hearings held pursuant to section 1194 of the Vehicle and Traffic Law shall be considered in accordance with sections 127.7 and 127.9 of this Title. All other requests for adjournments shall be addressed to the hearing officer, who may order a temporary suspension of the license, permit, nonresident operating privilege, or privilege of operating a vessel or snowmobile pursuant to law and Part 127 of this Title.

(c) Waiver of hearing. A person may waive, in writing, the right to a chemical test refusal hearing. Any such waiver shall constitute an admission that a chemical test refusal occurred as contemplated by section 1194 of the Vehicle and Traffic Law, section 25.24 of the Parks, Recreation and Historic Preservation Law, or section 49-a of the Navigation Law, as the case may be, and such waiver shall result in administrative sanctions provided by law for the chemical test refusal. Failure to appear at a scheduled hearing shall also constitute a waiver; however, the person who failed to appear may make a written request to the commissioner for a rescheduled hearing to be held as soon as practicable in accordance with section 127.8 of this Title.

(d) Civil penalty. Any person whose license, permit, nonresident operating privilege has been revoked, or whose privilege to operate a vessel or snowmobile has been suspended, for refusal to submit to a chemical test shall be liable for payment of a civil penalty as provided by law. No new license, permit or privilege (other than a conditional license, permit or privilege issued pursuant to Part 134 of this Title) shall be issued, or restored, until such civil penalty has been paid.

(e) Notice to the Commissioner of Parks, Recreation and Historic Preservation. The commissioner shall notify the Commissioner of Parks, Recreation and Historic Preservation of any suspension of a person's vessel or snowmobile operating privilege as the result of a hearing or waiver of hearing, and of any restoration of the privilege following such suspension, and of a reversal on appeal of any such suspension.

Part 140 Ignition Interlock

N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.1 Introduction

(a) Intent. Section 1198 of the Vehicle and Traffic Law establishes an ignition interlock program which authorizes courts in all counties of the State to require persons convicted of driving while intoxicated to equip their vehicles with an ignition interlock device. This Part establishes guidelines for the implementation of this program.

(b) Definitions.

(1) Ignition interlock device. Any blood alcohol concentration equivalence measuring device which connects to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining through a deep lung breath sample that the operator's equivalent breath alcohol level does not exceed the calibrated setting on the device as required by 10 NYCRR Part 59.

(2) Program. As hereinafter used in this Part, the term program shall refer to the ignition interlock device program.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.2 Participants in the program

The court shall require that any person who has been convicted of a violation of subdivision (2), (2-a) or (3) of section 1192 of the Vehicle and Traffic Law shall participate in the program and may be eligible for a post-revocation conditional license as provided for in section 140.4. In addition, a court shall require a defendant who is convicted of any crime defined by such law or the Penal Law of which an alcohol-related violation of any provision of section 1192 of this chapter is an essential element, and has been sentenced to a period of probation, to install and maintain as a condition of probation, a functioning ignition interlock device. Such defendants, however, shall not be eligible for the post-revocation conditional license.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.3 Post-revocation conditional license

The commissioner may issue a post-revocation conditional license to a person, who as a condition of probation or conditional discharge, is prohibited from operating a motor vehicle unless such vehicle is equipped with an ignition interlock device, if such person is eligible for such a license under section 140.4 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.4 Eligibility

(a) A person shall be eligible for a post-revocation conditional license if:

(1) such person has been convicted of a violation of subdivision (2), (2-a) or (3) of section 1192 of the Vehicle and Traffic Law;

(2) such person has been sentenced to a period of probation or conditional discharge by the court;

(3) such person has been ordered by the court to install and maintain an ignition interlock device in accordance with section 1198 of the Vehicle and Traffic Law;

(4) the minimum period of license revocation required by law has expired.

(b) The commissioner shall not deny issuance of a post-revocation conditional license based solely on the number of convictions for violations of any subdivision of section 1192 of the Vehicle and Traffic Law committed by a person within the 10 years prior to application for such license.

(c) A post-revocation conditional license shall be denied to any person if a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply:

(1) The person has been convicted of homicide, assault, criminal negligence, criminally negligent homicide, aggravated vehicular assault, aggravated vehicular homicide, aggravated vehicular manslaughter, or aggravated vehicular murder arising out of the operation of a motor vehicle.

(2) The conviction upon which eligibility is based involved a fatal accident.

(3) The person has been convicted more than once of reckless driving within the last three years.

(4) The person has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his designated agent tends to establish that the person would be an unusual and immediate risk upon the highway.

(5) The person has been penalized under section 1193 (1)(d) of the Vehicle and Traffic Law for any violation of subdivision (2), (2-a), (3), (4) or (4-a) of such section.

(6) The person has had a post-revocation conditional license within the last five years.

(7) The person has other open suspension or revocation orders on their record, other than for a violation of section 1192 (1) (2), (2-a), (3), (4) or (4-a) of the Vehicle and Traffic Law.

(8) The person has two convictions of a violation of section 1192 (3) (4) or (4-a) of the Vehicle and Traffic Law where physical injury has resulted in both instances.

(9) The person has been convicted of an offense arising from the same event which resulted in the current alcohol-related conviction, which conviction, aside from the alcohol- related conviction, resulted in the mandatory revocation of the person's license for leaving the scene of an accident involving personal injury or death.

(10) The person has had two or more revocations and/or suspensions of his driver's license, other than the revocation or suspension upon which his eligibility for the rehabilitation program is based within the last three years. This subdivision shall not apply to suspensions which have been terminated by performance of an act by the person, nor to a suspension or revocation resulting from a chemical test refusal, if the person had been convicted of a violation of section 1192 of the Vehicle and Traffic Law arising out of the same incident.

(11) The person was the holder of a limited DJ or limited MJ license at the time of the violation which resulted in the revocation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.5 Post-revocation conditional license-forms and conditions

A post-revocation conditional license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant.

(a) Form of the post-revocation conditional license. An applicant for a post-revocation conditional license shall complete the MV-2020 (conditional license/privilege attachment). The MVR motor vehicle representative shall write "ignition interlock device required" in the validation box on the MV-2020.

(b) Establishment of conditions. Each post-revocation conditional license shall contain the condition that such license shall be subject to revocation for operating outside the limitations appearing on such license. Each post-revocation conditional license shall contain the limitations or use of such license as prescribed by the department, and as accepted by the holder. A post-revocation conditional license shall be valid only for use by the holder thereof for one or more of the following purposes:

(1) en route to and from the holder's place of employment;

(2) if the holder's employment requires the operation of a motor vehicle then during the hours thereof;

(3) en route to and from a class or course at an accredited school, college or university or a State-approved institution of vocational or technical training;

(4) to and from court ordered probation activities;

(5) to and from a motor vehicle office for the transaction of business relating to such license;

(6) for a three hour consecutive daytime period, chosen by the administrators of the program, on a day during which the holder is not engaged in usual employment or vocation;

(7) en route to and from a medical examination or treatment as part of a necessary medical treatment for such holder or member of the holder's household, as evidenced by written statement to that effect from a licensed medical practitioner;

(8) en route to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program and at which participant's attendance is required; and

(9) en route to and from a place, including a school, at which a child or children of the participant are cared for on a regular basis and which is necessary for the participant to maintain such participant's employment or enrollment at an accredited school, college or university or at a State-approved institution of vocational or technical training.

(c) Employer vehicles. The holder of a post-revocation conditional license, who is required to operate a motor vehicle owned by said person's employer in the course and scope of his employment, may operate that vehicle only in the course and scope of such employment without installation of an approved ignition interlock device if the employer has been notified that the person's driving privilege has been restricted pursuant to section 1198 of the Vehicle and Traffic Law and the person subject to such restriction has provided the court and probation department with written documentation indicating the employer has knowledge of the restriction imposed and has granted permission for the person to operate the employer's vehicle without the device only for normal business purposes. The holder of the post-revocation conditional license must notify the court and the probation officer of his or her intention to operate the employer's vehicle. A motor vehicle owned by a business entity which is all or partly controlled by a person subject to the provisions of section 1198 of the Vehicle and Traffic Law is not a vehicle for the purposes of this exemption.

(d) Revocation of post-revocation conditional license. A post-revocation conditional license shall be revoked for failure to comply with the terms of the condition of probation or conditional discharge set forth by the court, for any conviction for any traffic offense other than one involving parking, stopping or standing or conviction of any alcohol or drug related offense, misdemeanor of felony or failure to install or maintain a court ordered ignition interlock device.

Part 141 Motor Vehicle Accident Prevention Course By Internet Or Other Technologies (alternate Delivery Methods)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.1 Introduction

Section 2336 of the Insurance Law provides that the Department of Motor Vehicles will approve and monitor motor vehicle accident prevention courses for liability and collision insurance premium reduction. A course which has been approved by the department for liability and collision insurance premium reduction shall also be eligible to provide point reduction pursuant to the provisions of this Part and Part 131 of this Title. article 12-B of the Vehicle and Traffic Law sets out certain standards for preserving the quality and efficacy of the accident prevention course program. Article 12-C provides that the commissioner shall establish and implement a comprehensive pilot program to review and study the internet, and other technologies as approved by the commissioner, as a training method for the administration and completion of an approved accident prevention course for the purposes of granting point and insurance reduction benefits. Courses approved under article 12-C are eligible for the same point and insurance reduction benefits as those approved under article 12-B. The pilot program shall continue for five years after the date that the pilot program is established and implemented.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.2 Definitions

For the purpose of this Part, the following terms shall have the following meanings:

(a) Department shall mean the New York State Department of Motor Vehicles.

(b) Commissioner shall mean the Commissioner of Motor Vehicles.

(c) Sponsoring agency or sponsor shall mean an organization which owns an approved motor vehicle accident prevention course approved by the commissioner pursuant to this Part and Part 138 of this Title. A sponsoring agency shall be responsible for the delivery and administration and compliance with all applicable laws, rules and regulations relative to the motor vehicle accident prevention course.

(d) Accident prevention course or course shall mean the motor vehicle accident prevention course that has been approved by the department in accordance with standards set forth in this Part and Part 138 of this Title.

(e) Part 138 refers to 15 NYCRR Part 138.

(f) ADM technical specifications document shall mean appendix A, which provides technical policies, procedures and standards related to the application and administration of ADM courses.

(g) Alternate Delivery Method, ADM Course and ADM shall mean the motor vehicle accident prevention course approved by the commissioner and delivered by the internet, interactive programming or other alternate delivery method as defined in this Part.

(h) Point and Insurance Reduction Program (PIRP) is a commonly used reference to the motor vehicle accident prevention course, and is based on the primary course benefits. DMV publications and advertising generally refer to the course as the PIRP course.

(i) IPIRP shall refer to the internet Point and Insurance Reduction Program, a commonly used reference to the motor vehicle accident prevention course taught by internet or other technologies determined by the Commissioner of Motor Vehicles.

(j) Delivery agency shall mean an organization approved by the sponsoring agency and the department to deliver the sponsor's DMV approved ADM course in accordance with this Part.

(k) Pilot program or pilot shall mean the department's five year study of the use of internet and other technologies to deliver motor vehicle accident prevention courses for point and insurance premium reduction benefits (ADM courses). The five-year period will begin on a date to be determined by the commissioner. This date shall be known as the implementation date.

(l) Personal validation shall mean a method or methods used to positively identify the person registering for, participating in and completing the motor vehicle accident prevention course.

(m) Proctored examination shall mean that the student appears in person at a location approved by the sponsor and the department to prove their identity and validate their participation throughout the ADM course by completing a final examination.

(n) Suspension shall mean the withdrawal, for a definite period of time, of a sponsoring agency's approval by the department to conduct the motor vehicle accident prevention course.

(o) Revocation shall mean the permanent withdrawal of a sponsoring agency's approval by the department to conduct the motor vehicle accident prevention course.

(p) Completion certificate shall mean a document which cannot be altered and which is provided to the student who successfully completes the motor vehicle accident prevention course. ADM course certificates will specifically identify the means by which the course was delivered.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.3 Point reduction benefits

Article 12-C permits drivers to be eligible for point reduction if they have completed an approved ADM course. Upon receipt of electronic student completion data and eight dollars from the sponsoring agency, notice of program completion will be entered on a motorist's driving record. The department will enter a maximum reduction of four points on the driving record for each motorist certified as having attended and completed an approved motor vehicle accident prevention course, in accordance with the provisions of Part 141.5 of this Title. All required documentation must be transmitted by the sponsoring agency to the department in a manner prescribed by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.4 Eligibility to deliver an adm course

(a) An accident prevention course may be delivered by a sponsoring agency using an alternate delivery method that does not require students to be present in a classroom. The commissioner may approve such method if it can be determined that the sponsor is capable of delivering the course via an alternate method that includes testing and security measures that are at least as secure as those present in the classroom course, as established in Part 138 of this Title.

(b) General criteria. The department shall review each application to assess the methodology, the sponsor's mastery of the ADM, its internal controls and its overall ability to successfully deliver the course in a manner consistent with consumer service and the aims of the motor vehicle accident prevention course. Approval of one sponsor's ADM does not constitute approval of the same delivery method by a different sponsor.

(c) Applicants may apply immediately upon the date this Part takes effect. No course will be approved until the completed application is received, reviewed by the department and a determination to approve it has been made.

(d) An ADM course applicant must be an active sponsoring agency that had a classroom course approved by the commissioner pursuant to article 12-B of the Vehicle and Traffic Law and Part 138 of this Title prior to April 16, 2005. The commissioner may, in his or her discretion, approve ADM course applications that have received classroom course approval after such date and such applications must meet the criteria set forth in subdivision (g) of this section.

(e) The commissioner may, in his or her discretion, require that sponsoring agencies continue to deliver their DMV approved classroom course throughout the duration of their approval to conduct an ADM course.

(f) The department reserves the right to deny participation in the ADM pilot if adverse material is uncovered during the application review process which indicates that the sponsor is not of the high moral and financial character required to operate an ADM course.

(g) ADM course applicants that did not have a classroom course approved by the commissioner prior to April 16, 2005, must present proof satisfactory to the commissioner that they purchased the ongoing concern and the approved course curricula of an existing sponsoring agency or ADM sponsoring agency that remains in good standing, or alternatively meet the following requirements:

(1) The course must be approved as a classroom course pursuant to article 12-B of the Vehicle and Traffic Law and such course must have been in existence for a minimum of one year, with at least 20 classes conducted, prior to applying for ADM course approval.

(2) The course may not be delivered via the internet based course, but rather, must propose the use of other technologies or delivery methods approved by the commissioner.

(3) One or more identity and participation validation methods must be used by the course provider and be approved by the commissioner.

History

Amended New York State Register February 2, 2022/Volume XLIV, Issue 05, eff. 2/2/2022

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.5 Adm course approval

(a) An organization which proposes to offer an ADM course for point and insurance reduction benefits must submit a completed application to the department for approval in accordance with standards set forth in this section. An application shall not be considered to be complete until all information, materials and fees required by this Part and article 12-C of the Vehicle and Traffic Law have been submitted.

(b) To be approved by the department, an ADM course shall meet all of the following criteria:

(1) Sponsors must establish ownership rights to the ADM course they plan to deliver in New York State. Once approved, that ADM course may not be delivered in New York State by any other sponsor.

(2) The course shall provide a minimum of 320 minutes of instruction. The instruction must include active learning techniques (i.e., requiring student participation).

(3) The ADM course must provide instruction in the following subject areas:

(i) collision prevention, including a discussion of the factors involved in traffic situations;

(ii) alcohol and drug use as a contributing factor in motor vehicle collisions;

(iii) accident prevention techniques;

(iv) the use of occupant restraints;

(v) the risk factors involved in driver attitude that trigger behavior such as speeding, reckless and aggressive driving, and improper lane use;

(vi) traffic laws in New York State;

(vii) physical and mental condition of drivers (i.e., age, vision, hearing, mobility, illness and fatigue);

(viii) conditions and strategies of driving;

(ix) city versus suburban driving and rural versus expressway driving; and

(x) work zone safety and aggressive driving recognition and avoidance.

(4) Sponsors shall provide a detailed transcript of the course, including all content, sections, logical breaks, internal controls, proposed audio/video clips (including time duration). Course topic sequencing may be different from the approved classroom course as long as it does not detract from the logical flow and educational value of the course.

(5) Sponsors shall provide test questions, including 30 personal identity validation questions, 100 content/environmental questions, as well as 100 proctored exam questions (where applicable), as defined in section 141.8 of this Part. Additionally, sponsors shall provide information on when validation will occur and what validation methods they propose to use.

(6) Each sponsoring agency shall submit no more than one ADM course to the department for approval at a time. When the sponsor's primary ADM course has been reviewed and approved or denied by the department, the sponsor may submit a separate new application for the additional ADM in accordance with the standards set forth in this Part.

(7) Advertising shall not appear during any part of the ADM course, including, but not limited to the registration, instruction, testing, validation or completion periods, nor shall any distracting material that is not related to the topic being presented, in accordance with this section and Part 138 of this Title be permitted.

(8) Sponsors shall provide DMV with appropriate access to the course for the purposes of reviewing the materials and internals controls. All changes to course material must be approved in accordance with section 141.9 of this Part, prior to implementation by the sponsor. Once approved, the sponsor must provide a new course transcript to be used in the monitoring of course.

(9) Application forms and supporting materials. The ADM course application form shall be prescribed by the commissioner, and shall include, but not be limited to the following:

(i) Business ownership information.

(a) sponsor name and NYS location of operation;

(b) PIRP sponsoring agency code;

(c) Business Federal Employer Identification Number and legal form of business (i.e., corporation, partnership, D/B/A, etc.); and

(d) name, title, role and legal residential mailing address of all owners, operators, managers, partners, officers and directors of the sponsoring agency. If these individuals have been known by another name, submit the alternate name. Individuals, such as managers, operators, partners and officers, who actively participate in the operations and management of the business must be identified. Controlling shareholders must be identified. Not-for-profit corporations that are incorporated with the New York State Department of State, and which include businesses beyond the motor vehicle accident prevention course, may provide information on their most recent IRS form 990, Parts V-A and V-B, in lieu of providing residential mailing addresses.

(ii) Contact information.

(a) name of application contact person;

(b) mailing address of contact person;

(d) e-mail address of contact person;

(e) name of alternate contact if primary contact person is not available;

(f) phone number and e-mail of alternate contact person;

(g) list of sponsor approved delivery agents (if applicable) to offer alternate delivery method; and

(h) proposed NYS specific registered domain name that has at least one of the principals listed as a point of contact and approved name of the sponsoring agency as the site registrant.

(iii) Required fees.

(a) Non-refundable application fee of $7,500 must be submitted with each application in the form of a certified check. The proceeds from such fee shall be deposited in the accident prevention course internet technology pilot program fund as established by section 89-g of State Finance Law.

(b) An initial bond, or a letter of credit, in the amount of $100,000 naming DMV as the beneficiary, which would be paid to the sponsor in the event of a security or data breach or to DMV in the event the sponsor ceases doing business in NYS during the pilot period, and/or to reimburse fees paid by students in cases where the sponsor is unable to provide the course. Applicants need not provide the bond or letter of credit with their initial application materials, though this requirement must be satisfied before DMV will grant final approval to conduct an ADM course. Sponsors that do not provide the bond or letter of credit with application materials will be advised in writing by DMV when all other application requirements have been satisfied and approval is imminent. The sponsor must then submit the bond or letter of credit in order to be finally approved. DMV will notify the sponsor when course delivery may commence. The sponsors must submit proof of bond renewal on an annual basis.

(iv) Application materials.

(a) online curriculum viewable at the domain name proposed, if applicable;

(b) sample curriculum in the non-internet medium proposed (video, CD rom, other), if applicable;

(c) written statement indicating ownership of the curriculum and ownership or usage rights to the methods that will be used to deliver the program (i.e., if using proprietary biometric technology to validate identity and participation, sponsor must provide evidence that they have rights to use that proprietary technology for this purpose);

(d) 10 sets of user names and passwords that will be valid throughout the pilot review phase by DMV and or designated monitoring agents to review and approve content;

(e) phone number where customer service will be available;

(f) hours of operation of customer service (online and via toll free number);

(g) plan on offering customer service and technical assistance (online and via toll free number);

(h) a detailed description of how the sponsor will ensure identity authentication at the time of registration and throughout the course, including proposed test bank of questions and answers;

(i) security and risk management plan. Sponsor's policy on how student information will be safeguarded, policies regarding recordkeeping, data use, retention, storage, security, backup and recovery;

(j) sponsor's method to secure confidential student information, and to ensure continuous internet or other ADM course delivery;

(k) proposed policy/procedure for participation, hardware/software requirements, method of payment, C-32A brochure, privacy policies and penalties for fraudulent activity by the student that will be disclosed to the student before they are allowed to enroll; and

(l) sponsor's authorized signature, indicating agreement to terms and conditions of the pilot, and agreement to financial and background check of the principals and the sponsoring agency.

(1) An application will be denied or prior approval will be suspended or revoked if any person listed on the application has been convicted of a felony or any other crime involving fraudulent activity or violence.

(2) If it is established that any information provided in the application is fraudulent, the application shall be denied, or, if previously approved, sponsoring agency approval will be revoked. In either case, the applicant shall not be permitted to file an application for 10 years from the date of denial or revocation.

(d) Non-transferability. Sponsoring agency approval to conduct an ADM course is not transferable under any circumstances. Both the sponsoring agency approval and ADM course approval are tied directly to the sponsoring agency business named on the application form, including all ownership information. An organization that acquires another sponsor's course must submit an application and seek approval in accordance with the standards set forth in this Part.

(e) Change of officers, contact persons, contact information or address.

(1) The department must be notified in writing within 10 days of any change of any information provided on the original application forms. An amended application form, with signature, must be submitted with the written notification of change.

(2) The department must be notified in writing within 10 days of any changes in any owners, operators, managers, partners, officers and directors or controlling shareholders of the sponsoring agency.

(3) Failure to notify the department of such changes shall be grounds for immediate suspension of sponsoring agency approval.

(4) Transfer of ownership will require the new owner(s) to file a new application with the department in accordance with the eligibility requirement and approval standards set forth in this section and section 141.5 of this Part. The transferred course may not be delivered until the commissioner has approved the new application. The prior owner's ADM course approval shall be revoked immediately upon transfer of ownership.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.6 Monitoring adm courses

The department shall maintain high course standards to insure the integrity of the program. Sponsoring agencies shall allow and cooperate with the department's, or the department's designee's supervision and monitoring of motor vehicle accident prevention courses conducted for point and insurance reduction benefits. Sponsors must allow the department or its designee to make periodic unscheduled inspections of all sponsor facilities and records related to the delivery and administration of the ADM course.

(a) The department, the department's third party monitor, if one is selected, and the sponsors shall monitor the following areas:

(1) The parameters of program delivery and adherence to a sponsoring agency's approved course, to timeframes and internal controls and other measures to ensure that the participant receives a complete and effective course in full compliance with all applicable laws and regulations.

(2) Sponsoring agencies are responsible for policing their own program, in addition to any monitoring conducted by the department or a third party monitor selected by the department. Sponsors shall implement sufficient controls to ensure that the approved ADM course, including any timeframes, testing, identity and particiaption validation techniques, as well as customer service and support functions, remain accurate and functional at all times. System failures, unapproved changes, or absence of internal controls may result in suspension of the sponsor's ADM course.

(b) If the department is unable to engage a third party monitor, the sponsoring agencies shall procure an independent third party monitor to ensure program integrity at their own expense. The department will notify the sponsors when they will be required to procure a monitor or when a department monitor has been secured.

(1) A third party monitoring contract may include, but not be limited to the following types of oversight, as determined by the commissioner:

(i) third party monitor visits the sponsor locations on an annual basis to review compliance with DMV course requirements;

(ii) sponsors will give the third party access to information consistent with that provided to DMV;

(iii) third party monitor completes each course offering twice per quarter so as to verify all requirements are being met;

(iv) third party monitor receives regular data transmission according to a defined record format of student reporting requirements for ADM. The monitor will analyze data for trends and patterns of abuse;

(v) at least two onsite audits of the sponsor's data hosting/reporting process, policies and implementation, during the first and third year of the pilot to ensure data collected, stored and reported is consistent with what the sponsor received; and

(vi) during the onsite audit, third party monitors will review sponsor's security of motorist personal information to ensure adherence to security policies defined in Appendix A (section 141.14 of this Part).

(c) In the event that a course is monitored and found to be deficient, a review of data transmission is found to be suspect, or the review of the sponsor's hosting/reporting or security process appears deficient, a report of such deficiencies shall be reported in writing to both the department and sponsor within 24 hours of identification. When notified of a deficiency, sponsors must investigate, and where a deficiency is confirmed, provide the DMV with a remediation plan within 10 business days. The sponsor shall have 30 calendar days to correct the deficiency.

(d) DMV may periodically audit any and all sponsor records and third party monitor records related to the ADM course.

(e) DMV may, in the discretion of the commissioner, approve all third party monitors, including those procured by the sponsor. Monitors shall cooperate with the department's supervision and monitoring of ADM courses and shall allow the department access to all records related to such courses. DMV shall have the ability to contact sponsor's third party monitors directly, without prior approval of the sponsor.

(f) DMV reserves the right to review and approve the use of a third party database information for the purpose of validating student identity, including any contracts, agreements, security protocols and policies, and may consult the third party credit bureau or government data provider without permission from the sponsor.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.7 Adm course evaluation

(a) Consistent with the requirements in section 138.4(e) of this Title, sponsors will be required to evaluate the effectiveness of their ADM course, as well as their classroom based course. The timing of when the evaluation must be done may occur anytime within the five year period, when the number of students have completed the course provides a sufficient sample to evaluate per section 138.4(e) of this Title. Sponsors are expected to evaluate their ADM course once over the five-year period. In the event sufficient sampling cannot be done due to the number of students completing the course, DMV will accept a smaller ADM sample. Course effectiveness documentation must be completed and submitted to the department no less than 60 business days prior to the end of the pilot program.

(b) In order to evaluate motorists' responses to the ADM delivery methods, sponsors will be required to collect data for each student completer for these factors:

(1) overall course satisfaction;

(2) perception that course was interesting;

(3) perception that course was easy to use; and

(4) perception that the course will positively influence their future driving performance.

(d) The student completion information, as described in this section and in Appendix A (section 141.14 of this Part), shall be reported in a manner prescribed by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.8 Adm course requirements

(a) Course timing. The ADM course shall include built-in timers to ensure that 320 minutes of instruction have been attended and completed by the student. Timers shall be built into online and interactive courses in order to prevent a motorist from advancing to the next page or section in less than the amount of time it would take the average person to read or be exposed to that page or section. Timers shall be incorporated into the verification process so that if a telephone verification system is used, the student cannot complete the validation piece of each section until the amount of time that it would take an average person to complete such section has passed.

Each sponsoring agency application, submitted in accordance with section 141.5 of this Part, must include a specific plan for how instruction time will be calculated. In addition, a record of such calculations, including all instruction time, will be recorded and stored by the sponsor and made available to the third party monitor and the department for monitoring and quality control purposes. This information, as part of each student's completion record, must clearly differentiate actual interactive instruction time from non-instruction time such as log-in procedures, administrative tasks, help functions, validation processes, and audio/visual media download times. This information shall also be used by the sponsor in fulfilling its monitoring responsibilities as defined in section 141.6 of this Part. The sponsor shall store this data for a minimum of five years.

(b) In-person testing alone shall not be sufficient proof that the motorist participated in the 320-minute course.

(c) The ADM course shall use the following methods to ensure that the course instructional time will take 320 minutes. In order to demonstrate that the course provides sufficient content, the ADM shall use the following methods:

(1) word count. The sponsor shall count the total number of words in the text or written sections of the course and divide by 100, the estimated number of words a student can read per minute. The result will be total minimum time for written material;

(2) multimedia presentations. For audio/visual presentations, the total time, in minutes, it takes the multimedia presentations to play;

(3) charts and graphs. The ADM can allow one minute for each chart or graph;

(4) simulations and exercises. The calculated time of simulation or exercise, allowing sufficient time for the user to follow along at the required pace;

(5) personal and content questions. The sponsor may allow up to 45 seconds for personal question responses and up to 60 seconds for content question responses; and

(6) sponsors can propose alternate time calculation methods so long as sponsors can demonstrate that the course meets the 320 minute minimum requirement.

(d) Customer service and support.

(1) ADM courses shall provide toll free telephone lines staffed by knowledgeable customer service staff that can assist with routine questions. Staff shall be knowledgeable about policy, procedural, technical and content matters.

(2) ADM courses delivered exclusively online shall also provide online assistance, in addition to telephone support, through the use of frequently asked questions and/or online chat access or equivalent real time communication.

(3) ADM courses delivered exclusively by interactive means, other than the internet, shall also provide interactive assistance, in addition to telephone support, through the use of frequently asked questions and/or real time interactive communication.

(e) Identity validation.

(1) Sponsors are required to validate a student's identity as part of the ADM. The specific methods chosen are based on each sponsors solution, and are based on points assigned to each method, as determined by the commissioner and as set forth in Appendix A (section 141.14 of this Part):

(i) Biometrics must include methods such as facial recognition, key stroke analysis, voice print or fingerprint.

(ii) Proctored examination after the 320 minute course.

(iii) In person contact at the time of registration or at delivery agent location for course delivery.

(iv) Phone contact by promoting students to contact sponsor during course delivery to answer personal or content questions.

(v) Third party database questions are answered by the student against a third party credit bureau or government database as a means to validate identity only.

(vi) Online/instant message by prompting student using internet or PC based training to join a discussion group or answer validation questions.

(vii) Personal questions are answered by student as a means to validate identity.

(viii) Content questions are answered by student as a means to validate participation.

(ix) Pay per view buttons uses features of digital cable TV to have a user interface for students to answer validation questions during the course.

(x) E-mail can be used to transmit user name and password or to provide a link to the user for course access.

(2) Sponsors shall choose a minimum combination of validation techniques (from subdivision (b) of this section) in designing their ADM course. The department, as set forth in Appendix A (section 141.14 of this Part), shall assign relative point values to each technique to assess the security and integrity of each sponsor's validation solution.

(3) In the event sponsors have alternate validation techniques, DMV shall review such alternatives and determine if they will be added to the list of techniques in paragraph (1) of this subdivision.

(f) Personal validation for purposes of identity and participation for ADM courses.

(1) When sponsors elect to use personal and/or content questions as defined in paragraph (c)(5) of this section, the validation system shall incorporate the following requirements:

(i) sponsors shall maintain a test bank of not less than 30 personal validation questions;

(ii) the ADM course shall ask a minimum of 10 personal validation questions throughout the course. Questions shall be generated randomly from the test bank for each student and shall not be repeated;

(iii) personal validation questions will be asked throughout the course, at a minimum at the beginning of each session and at appropriate intervals during the course. At least one personal validation question shall appear in each major unit or section, not including a final examination; and

(iv) the student must correctly answer the personal validation question within 45 seconds for internet/interactive validation and 30 for telephone validation.

(g) In order to ensure that a student has participated throughout the course, sponsors shall maintain a bank of 100 content and environment questions relating to the material presented in each section. The ADM course shall ask a minimum of 20 content and environment questions throughout the course. Questions shall be generated randomly from the test bank for each student.

(1) The content/environment questions shall be short answer, multiple choice, or a combination of these forms. The questions shall be designed so the answer may not be determined by the student without having viewed the actual material presented in each section or sub section.

(i) The student must correctly answer the content/environment questions within 60 seconds for internet/interactive validation and 45 seconds for telephone validation.

(ii) In no case may a personal or content/environment question identify, in any way, the correct answer to the question.

(iii) Students who, in their first attempt, fail to answer the minimum number of content/environment questions correctly may be asked additional questions (adding to the minimum time requirement) so long as they answer at least 75 percent correctly in one of the two subsequent attempts that will be permitted in the internet course. If proctored testing is used, students who fail to answer the minimum number of content/environment questions correctly are allowed one subsequent retest. Students who fail to correctly answer any personal identity question in the internet course shall have one subsequent attempt to answer the question before being excluded from the course. The same standard will apply to personal identity questions in the proctored test environment.

(iv) In such case where a student is allowed to retake any content/environment question in an effort to answer 75 percent of the questions correctly, the ADM course shall present a different question from its test bank.

(v) Students shall not be permitted to attempt the same question in any subsequent attempt. The ADM course may not repeat a content/environment question until it has asked all the questions from its test bank.

(vi) The student shall be excluded from the course if they fail to answer at least 75 percent of the content/environment questions correctly after three attempts at taking the test online or two attempts at taking the proctored exam (including initial test and one retest). Retests must be completed within 28 days from the initial completion of the education portion of the course. A student that has been excluded from the course for failing to attain a passing score shall, in the discretion of the sponsor, be eligible to enroll in and start a new course. The sponsor may, in its discretion, choose to waive a fee or allow the student to enroll in a new course without paying an additional course fee. Students who have been excluded from the course and are allowed to enroll in a new course must complete the entire course.

(vii) Students shall be excluded from the course where the sponsor's DMV approved biometric identification methods cannot verify student identity in two attempts. Failure to confirm identity after two attempts shall result in the motorist being excluded from the program. If the identity verification is not made due to a technology failure, the student shall not be excluded from the course. The sponsor shall address the technology failure and allow two opportunities for biometric identity verification to be made. If the identity verification is not made and the student has been excluded from the class, the sponsor may, in its discretion, choose to waive the course fee or allow the student to enroll in a new course without paying an additional course fee. Students who have been excluded from the course and are allowed to enroll in a new course must complete the entire course.

(2) Proctored testing requirements. If proctored testing is used by a sponsor as a means of validating student identity and participation, the sponsor must apply for approval in a manner prescribed by the commissioner. Standards may include but not be limited to:

(i) locations must be approved by the department;

(ii) proctors must have an independent relationship with the sponsor, as well as those taking the test;

(iii) students must present two forms of identification, one being their NYS driver's license photo identification;

(iv) students must sign in, indicating agreement with the sponsor's terms and conditions, including identity and participation validation questions as outlined in this section; and

(v) proctors must monitor student testing in person. Testing must be completed within 30 calendar days of completing the instructional portion of the ADM course.

(h) Internet/interactive delivery specific requirements.

(1) A student receipt shall be displayed online and available for printing, whether such receipt is provided at the time of in person registration or e-mailed to the student. The receipt is not proof of official course completion, which must be mailed to the student via regular or express mail. The receipt is only intended to show payment for course and must state so.

(2) Students must complete the ADM course within 30 calendar days of registration. Students who do not successfully complete the course shall be excluded from the program for non-completion and shall forfeit course fees. The sponsor may, in its discretion, choose to waive a fee or allow the student to enroll in a new course without paying an additional course fee. Students who have been excluded from the course and are allowed to enroll in a new course must complete the entire course.

(3) In cases where an online course requires in-person validation and/or testing, the motorist must appear and complete that requirement within 30 calendar days of completing the instructional portion of the ADM course.

(4) Sponsors shall accommodate various internet connection bandwidth rates so the program is accessible to the greatest number of motorists statewide. Bandwidth and processing speed may affect download times for multimedia presentations. Download and processing time shall not be factored into the overall minimum instruction time.

(5) The graphical interface shall be user-friendly. Scrolling should be limited to up and down; students shall have the ability to log on and off and navigate freely to previously viewed material.

(6) Consistent with NYS Americans with Disabilities Act (ADA) Web Requirements, whenever video or audio is playing, a text stream of the spoken word will be visible where appropriate.

(7) Each sponsor must offer the ADM from a single Uniform Resource Locator (URL)/global address on the worldwide web. The sponsor can accept students directed from another site, so long as it is clear on the ADM's website who the ADM sponsor is. Sub-domains of the ADM's registered domain may deliver content as long as the sub domain is registered to and hosted by the ADM sponsor.

(8) Sponsors must make available printable fact sheets (in lieu of a workbook) that summarize key learning points from each module.

(i) Additional requirements for video/non-interactive courses.

(a) A video ADM course shall be subject to the same identity and participation validation criteria required of internet/interactive courses as defined in this section.

(b) In addition, all ADM courses that do not use the internet, or other interactive delivery and biometric identification validation will be required to include a proctored exam, in addition to the personal and/or content questions asked during the course.

(c) All video ADM courses will also provide a workbook, or summary of key learning points from each module that the student will be allowed to carry into the proctored exam.

(d) A video/non-interactive ADM course is exempt from the 25 percent maximum timeframe for audio/visual content required in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.9 Change control

(a) Changes to the ADM curriculum or internal controls shall not be made by the sponsor without prior approval of the department.

(1) A sponsor that wishes to change their course must request such change in writing. A request must include:

(i) Reason for the change.

(ii) Complete description of the change.

(iii) The impact of the change on the 320 minute course requirement, on the content of the section in which it is placed, and on the overall course.

(iv) The impact of the change on course delivery, security and validation.

(2) The department will review the change to determine if it is warranted. Changes impacting timeframes, delivery method and security must be tested prior to approval. Changes may be implemented immediately upon approval.

(3) Implementing any change without prior written approval from the department shall be grounds for suspension of approval to deliver the ADM course or of sponsoring agency approval.

(4) The department may request additional information relating to proposed changes described in this section.

(5) The department may periodically require that updates to the course curriculum be made by the sponsor, particularly in relation to changes in law, statistics and traffic safety trends.

(i) Sponsors are encouraged to update their course curriculum on an annual basis to include the latest laws, statistics and traffic safety trends.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.10 Information security guidelines

(a) Protection of student confidential information is of paramount importance to the department. Sponsors and their delivery agents where applicable, must ensure client information is kept confidential and secure. This includes securing purchase information (such as credit card), identity information (such as motorist ID, personal information questions and answers), and records maintained to validate student/sponsor compliance with the requirements, including any client reported information on tests and surveys.

(b) Sponsors and their delivery agents, where applicable, must comply with the Driver Privacy Protection Act (DPPA). Violations of the New York State Personal Privacy Protection Law and the Driver Privacy Protection Act (DPPA) may result in sponsor suspension and may result in Federal prosecution. In addition, sponsors and their delivery agents must also comply with NYS Information Security Breach and Notification Act, Sec. 208, NYS Technology Law, and Sec. 899-aa NYS General Business Law.

(c) If there is any breach of security, the affected sponsor and/or delivery agent must notify the department as soon as practical after the security breach, providing details of the incident(s) and what steps were taken to address the security breach in a timely manner.

(d) DMV information security officials will review each sponsor's security plan prior to course approval. After approval has been granted, the department, the sponsor's monitor or a third party under contract to DMV reserves the right to audit the sponsor's ADM information security practices, security of office sites, systems and test areas on a periodic basis, or when circumstances warrant.

(e) Sponsors shall maintain records for the ADM course separately from their classroom course data, or structure their data systems to differentiate between the courses. Course records and data, with the exception of biometric data, shall be retained by the sponsor for a period of not less than five years from the date of course completion. Biometric data shall be retained by the sponsor for a minimum of five business days, and no longer than 30 calendar days from the date of course completion.

(f) Sponsors that are approved to offer more than one ADM course must be able to delineate between the courses.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.11 Adm course administration

An approved sponsoring agency must:

(a) perform all administrative functions in connection with the course in accordance with this Part and applicable laws.

(1) Provide student participation data in a manner prescribed by the commissioner.

(2) Provide, for the department's approval, a sample course completion certificate which is designed to and capable of preventing fraud and forgery, and which designates the type of ADM course completed, and which shall be used to verify course completion for submission to insurance companies.

(3) Establish appropriate lines of communication with the department in order to provide efficient and effective administration of the course.

(4) Keep program records open to the inspection of the department during the sponsoring agency's normal business hours, or by appointment at a time and place acceptable to the department.

(5) Submit copies to the department of any and all written policies and procedures related to the administration of the program.

(6) Maintain student completion records, including footprint data, for a period of five years and provide duplicate completion certificates, if necessary, upon request. Student records shall include the items related to course completion as set forth in Appendix A (section 141.14 of this Part).

(7) Issue course completion certificates within 14 business days of course completion to each and every motorist who successfully completes the course.

(8) Report each and every motorist who successfully completes the course to the department within 30 business days of course completion.

(9) Notify student in advance of all of the requirements necessary to successfully complete the course, including technical requirements and final date for completion. The completion date on the certificate is the date when all requirements have been met.

(10) Publish privacy rights at the beginning of the course materials.

(11) For internet courses, motorists must type "I agree" to acknowledge and agree to all course completion requirements and the sponsor's privacy policy information required under sections 141.5 and 141.10 of this Part. For in person registration or during the proctored test, students must sign an agreement acknowledging and agreeing to all course completion requirements and the sponsor's privacy policy information required under sections 141.5 and 141.10 of this Part.

(12) Provide an enrollment contract that student must read and acknowledge prior starting instruction, where appropriate. Enrollment contract shall explain the course, minimum instruction times, all fees associated with the course, completion procedures, minimum technology requirements and other relevant information as prescribed by the commissioner, including the course benefits and limitations as described in the department's C-32A publication. The contract will also include an affirmation by student that they will complete the entire course without assistance; will abide by all terms of the contract; will not knowingly accept a course completion certificate if the course has not been completed.

(13) In any case where a sponsoring agency is unable to provide the course or any part of the course, the student must be given the option of receiving a full refund of all course fees. In addition to the option of a full refund, students may be given the opportunity to reschedule the course if and when it becomes available.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.12 Suspension or revocation of approval; hearings

(a) The department may suspend or revoke approval of a sponsoring agency or delivery agency, or the approval of an ADM course, for any of the following causes:

(1) the department determines that the sponsoring agency, its delivery agencies or instructors have failed to comply with any of the provisions of this Part, Appendix A (section 141.14 of this Part) or any applicable law, or a sponsoring agency has failed to provide oversight of its program in accordance with this Part;

(i) a course, which after evaluation pursuant to the standards contained in section 141.7 of this Part, proves ineffective or which contains any changes which have not been approved.

(ii) A sponsoring agency has made a material false statement or concealed a material fact in connection with an application or has knowingly presented false or misleading information to the department, or to the general public.

(iii) Failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency, or its delivery agents if applicable, to permit the department or its representatives to inspect any of the offices, records, or courses.

(iv) Failure or refusal of a manager, owner, operator, officer, partner, or employee of the sponsoring agency to report every motorist's completion of an accident prevention course to the department.

(v) Failure or refusal of the managers, owners, operators, officers, partners, or employees of the sponsoring agency, or its delivery agents if applicable, to produce any program related records when requested to do so by the department or by a monitor under contract with the department.

(vi) Failure to advise the department within 10 days of a change in the sponsoring agency's ownership, name or address, or any business information defined in subdivision (j) of section 141.5 of this Part.

(vii) Failure of the managers, owners, operators, officers, partners, or employees of the sponsoring agency to submit to the department, upon request, on or before an established deadline, any forms, reports, or approvals to conduct the course, including the intentional manipulation of requested data.

(viii) Failure to comply with section 141.9 of this Part change control requirements.

(ix) Provision of a course completion notification to the department, for a person who has not completed the course in accordance with the standards set forth in this Part.

(x) Provision of a course completion certificate to a person who has not completed the course in accordance with the standards set forth in this Part.

(xi) A judgment or conviction for any felony or crime by any manager, owner, operator, officer, partner, employee of the sponsoring agency. At the discretion of the department, after a review of the crime the factors that lead to a conviction, the department may issue a waiver.

(xii) Alteration of ADM participation data collected by the sponsor and reported to the department in accordance with this Part and its accompanying technical specifications as set forth in Appendix A (section 141.14 of this Part).

(xiii) Failure of the sponsoring agency to monitor the delivery of its program and, in cases where evidence of impropriety is discovered, failure to take appropriate steps to correct the impropriety.

(xiv) The ADM course presentation does not adequately address subject areas set forth in section 141.5 of this Part.

(xv) Failure to renew and/or maintain the $100,000 bond or submit proof of renewal on an annual basis as required in section 141.5 of this Part.

(xvi) Suspension or revocation of sponsoring agency approval applies to all versions of the course being delivered by the sponsor, including classroom and ADM course delivery.

(xvii) Failure to disclose all fees associated with the course, or a change in fees associated with the course, at any time after the motorist agrees to the terms and conditions of the course at the time of registration.

(2) No approval of a sponsoring agency, shall be denied, revoked or suspended by the department without an opportunity to be heard, such hearing to be held pursuant to Part 127 of the Commissioner's Regulations and at such time and place as the commissioner shall prescribe. A hearing must be requested in writing within 30 business days of receipt of notification of denial, suspension or revocation from the department. Any request filed after the 30 day deadline shall not be considered. If such request for a hearing is made, the suspension or revocation shall be stayed pending completion of the hearing.

(3) Upon suspension or revocation, the sponsor shall provide any unreported student course completion data, including any footprint information.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.13 Course advertising

(a) Any form of advertising (including verbal or written statements, promotional materials, brochures, leaflets, newspaper and magazine ads, yellow page ads, radio and television publicity, receipts, internet web pages, pop up ads or any other medium which makes reference to the accident prevention course or point and insurance reduction benefits) by a sponsoring agency and/or delivery agency must conform with the following standards:

(1) advertising shall reflect the serious nature of the motor vehicle accident prevention course and, in no manner, either through the text of the advertisement or through the name of the course, diminish the subject matter or serious nature of the course. Advertising shall not refer to gimmicks or enticements, such as comedy or free gifts, or to any benefits other than point and insurance reduction.

(2) The only acceptable reference to the department is that the sponsoring agency's course is approved by the New York State Department of Motor Vehicles. Words which convey partnership, such as "in cooperation with," "supervised by," "recommended by," or "endorsed by" the Department of Motor Vehicles may not be used. No sponsoring agency may advertise or imply that it is associated with or is an agent or employee of the department. No representative of the ADM sponsoring agency shall knowingly allow the use of advertising that could lead the public to believe that they or their sponsor are an employee, representative or agent of the department.

(3) No sponsoring agency course shall be permitted to conduct business or advertise under any name that has not been approved by the department, pursuant to articles 12-B and 12-C of the Vehicle and Traffic Law. No sponsoring agency or delivery agency may use the words "driving school" in its name in advertising unless it is licensed in accordance with part 76 of the Commissioner's Regulations.

(4) No sponsoring agency may advertise in any manner until approved by the department. No organization shall advertise point or insurance reduction benefits in any manner until such time as the course has been approved by the department.

(5) A sponsoring agency is responsible for the content of the advertising of its delivery agencies with regard to the point and insurance reduction program. Sponsoring agencies shall review and approve all delivery agency advertising to ensure compliance with this Part or provide pre-approved advertising materials for delivery agencies to use.

(6) All advertising must indicate that the course is a minimum of 320 minutes in length.

(7) Point/Insurance Reduction Program advertising shall not be combined with any other advertising, such as driving school or insurance agency advertising, unless it has been approved by the sponsoring agency, in accordance with this section, in order to protect the public from potentially confusing or misleading information.

(8) No sponsoring agency may publish, advertise or imply that the completion of the course conducted for point reduction will result in "erasing", "masking" or deleting any information from a motorist's driving record. Communication with course participants must clearly indicate that while certain departmental administrative actions based upon a motorist's point accumulation may be prevented, all traffic convictions, as well as the points designated for such convictions, will continue to be displayed on the motorist's driving record. Sponsors shall inform students about the New York State Driver Responsibility Assessment (DRA) and indicate that completing a course will not affect mandatory fines or assessments such as the DRA.

(9) No sponsoring agency or employee may make false or misleading claims or statements in any of its advertisements.

(10) All course advertising must identify the sponsoring agency and the ADM method.

(11) Any material contained in literature produced by the department may be quoted without attribution, provided the quote retains its original meaning. Any presentation of departmental material which implies or creates a meaning other than the meaning intended by the department is prohibited.

(12) No sponsoring agency, delivery agency, or employee shall falsely advertise or represent itself to be an agent or employee of New York State unless the sponsoring agency is a State agency offering a DMV approved course to its employees.

(13) No sponsoring agency or delivery agency shall conduct business or display or distribute any advertising material within a building owned or leased by the State or county in which motor vehicle registrations or licensees are issued to the public.

(14) A copy, recording or videotape of any advertisement shall be kept on file by a sponsoring agency or delivery agency for five years along with a record of when and where it was used or distributed.

(15) Permission to re-publish any content of the department's website shall be obtained from the department's internet office. The department will provide an image to use as a link to the site. The department's website may not be placed within any other website frames.

(16) Comparative statistics or claims that state or imply that one sponsoring agency is more effective than another are not to be used. The effectiveness of one sponsoring agency's approved course may not be statistically compared to another approved course for advertising and promotional purposes.

(17) No implicit or explicit claims that are not supported by documentation are permissible. Such documentation and the proposed advertising must be reviewed and approved by the sponsoring agency in accordance with the standards of this section before they may be used.

(18) The commissioner may, in his or her discretion, require a sponsoring agency or its delivery agency to modify or discontinue advertising that is deemed inappropriate, false or misleading.

(19) Sponsoring agencies or delivery agencies should consider including the following topic guidelines in their advertising:

(i) persons are eligible to receive point reduction once in 18 months. Points which are reduced remain on a motorist's record, but are not counted by the department in determining further administrative actions against the license.

(ii) Point reduction does not affect actions mandated by statute, such as license revocation for three speeding convictions within 18 months.

(iii) Point reduction does not affect suspensions or revocations already in place.

(iv) The only acceptable reference to insurance reduction is that successful completion of the course provides a 10 percent reduction, for three years, in the base rate of the motorist's current automobile liability, no-fault and collision premiums.

(v) Quotes or references to specific dollar amounts saved are not acceptable.

(vi) Implicit or explicit claims that reduction may be less than or greater than 10 percent annually are not acceptable.

(vii) No implicit or explicit claim may be made that repeating the course more frequently than once every three years yields an improvement over the 10 percent reduction in liability and collision insurance rates for each three consecutive years.

(viii) Any statement must include the requirement that the person completing a course must be the principal operator of the insured vehicle in order to be eligible for reduction.

Subchapter K Administrative Appeals

Part 155 Appeals And Judicial Review-other Than Administrative Adjudication

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.1 Administrative appeals board

(a) The appeals board as established by section 228, article 2-A of the Vehicle and Traffic Law shall also constitute the administrative appeals board under article 3-A of such law. Each appeal shall be considered by members of the board, sitting as a panel. Each panel shall consist of three members designated as hereinafter provided. Hearing officers may be designated as members of each panel. At least two votes shall be required for a decision. (Appeals arising from determinations made pursuant to article 2-A of the Vehicle and Traffic Law, adjudication of traffic infractions, shall be considered and determined in accordance with regulations prescribed in Part 125 of the Regulations of the Commissioner.)

(b) The principal office of the administrative appeals board shall be at the central office of the Department of Motor Vehicles, Swan Street Building, Empire State Plaza, Albany, New York 12228.

(c) General direction and supervision of the administrative appeals board shall be exercised by the chairman of the motor vehicle appeals board who shall designate the individual members and presiding officers of the various panels and shall be the presiding officer of any panel of which he is a member. The vice-chairman of the motor vehicle appeals board shall assist the chairman in the general direction and supervision of the administrative appeals board, perform the functions of the chairman in the absence of the chairman and, unless the chairman shall also be a member of the panel, shall be the presiding officer of any panel of which he is a member.

(d) Members of the public, attorneys, and interested parties may obtain information or make submissions or requests concerning administrative appeals by writing to:

Appeals Board

Department of Motor Vehicles

P. O. Box 2935

Albany, NY 12220-0935

Information may be obtained by telephone at (518) 474-1052.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.2 Fees; procedures in appeals involving no hearings

(a) A fee of $10 which shall not be refundable must be paid at the time the appeal is filed from a determination not based upon a hearing.

(b) Appeals from a determination not based upon a hearing at which testimony was taken may be submitted on a form and in the manner prescribed for such purpose not later than 60 days from the date after written notice was given of the determination appealed from, excluding the date of the determination. A copy of the written determination from which the appeal is taken must be filed with the appeal form.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.3 Fees; procedures in appeals after hearings

(a) A fee of $10 which shall not be refundable must be paid at the time an appeal is filed from a determination made after a hearing. A transcript of such hearing shall be reviewed only if it is submitted by the appellant.

(b) Appeals from a determination based upon a hearing at which testimony was taken may be submitted on a form and in the manner prescribed for such purpose by the commissioner not later than 60 days from the date after written notice was given of the determination appealed from, excluding the date of the determination. The appellant has the option of having the transcript of the hearing reviewed as a part of the appeal proceeding. If the appellant desires to have the transcript reviewed, he must so indicate on the appeal form and he must also submit the transcript for such review. The transcript shall not be reviewed if a request for such review is not made and the transcript is not submitted to the appeals board in timely fashion.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.4 Submission of transcript on appeal

(a) Transcripts can only be obtained from the agency which holds the contract for the transcription of hearings held by the Motor Vehicle Department. The cost of such transcript, which is payable by the appellant, shall be the price for such transcripts as contained in the contract between the department and the independent contractor.

(b) A transcript will be considered to have been submitted in timely fashion if it is physically submitted to the appeals board, or if proof that the transcript has been ordered is submitted to the appeals board not later than 60 days from the date after written notice was given of the determination appealed from or 30 days after the board has mailed an acknowledgment of receipt of the appeal with instructions for ordering the transcript, whichever is later, excluding the date of determination. Proof that the transcript has been ordered shall consist of acknowledgment of receipt of such order by the contractor. Forms for ordering transcripts may be obtained from the administrative appeals board, any district office of the department, any traffic violations bureau or from any motor vehicle hearing officer.

(c) If a request for review of the transcript is made, and the transcript is not submitted in timely fashion in accordance with subdivision (b) of this section, the appeal will be deemed untimely and will not be considered. However, upon written notice made within 45 days from the date after written notice is given of the determination appealed from, excluding the date of the determination, a request for review with a transcript can be amended to a request for review without a transcript.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.5 Determinations and stays

(a) The appeals board shall issue a decision as promptly as possible after the date the appeal is finally submitted.

(b) If a final disposition is not made within 30 days after an appeal has been finally submitted, any suspension or revocation order being appealed will be automatically stayed until a final disposition is made. A stay may also be granted, in its discretion, by the appeals board upon the request of the appellant as prescribed in section 262 of the Vehicle and Traffic Law.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.6 Judicial review

A determination of an appeal submitted pursuant to article 3-A or pursuant to this Part, or refusal to issue a stay pursuant to section 262 of the Vehicle and Traffic Law may be reviewed pursuant to article 78 of the Civil Practice Law and Rules.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.7 Notification of procedures for appeals

The requirement of filing an appeal from a determination of the commissioner with the appeals board before a judicial review of such determination may be commenced shall apply only if the appellant is provided with written notification as to the existence of article 3-A of the Vehicle and Traffic Law and this Part prior to or with the written notice of the determination of the commissioner.

History

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.8 Appeals

Appeals pursuant to the franchised motor vehicle dealer act. Section 471-a (5) of the Vehicle and Traffic Law provides that any party may file an appeal of a determination made pursuant to such section in accordance with section 261 of such law. No such determination shall be reviewed in any court unless an appeal has been filed and determined by the appeals board.

Subchapter L Public Access To Records

Part 160 Freedom Of Information

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.1 Purpose and scope and definitions

(a) Purpose and scope.

(1) The people's right to know the process of government decisionmaking and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.

(2) This Part provides information concerning the procedures by which records may be obtained from the Department of Motor Vehicles.

(3) The Department of Motor Vehicles shall furnish to the public the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment.

(b) Definitions.

(1) Record means any information kept, held, filed, produced or reproduced by, with or for an agency or the State Legislature, in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

(2) Publication means a type of record produced by the Department of Motor Vehicles specifically for distribution to the general public.

(3) Manual means a type of record, which may be in any printed format, produced by the Department of Motor Vehicles specifically to provide instruction and/or reference material to a selected public and/or departmental employees; provided, however, a driver's manual shall mean the manual produced by the Department of Motor Vehicles specifically to provide instruction to an applicant for a learner's permit pursuant to subdivision 3 of section 502 of the Vehicle and Traffic Law.

(4) A selected public means a group of persons performing the same function (i.e., motor vehicle dealers, law enforcement personnel, driving schools, etc.).

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.2 Designation of records access officer

(a) The records manager in the FOIL Processing Center of the Department of Motor Vehicles, Swan Street Building, Empire State Plaza, Albany, NY 12228, shall be the records access officer.

(b) The records access officer is responsible for maintaining a master index listing by subject matter, records required to be disclosed by article 6 of the Public Officers Law, and for receiving applications on a form prescribed by the Commissioner of Motor Vehicles, for copies of records or inspection of records, which are required to be disclosed by article 6 of the Public Officers Law and are listed in the departmental master index as available.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.3 Designation of fiscal officer

(a) The Director of Personnel, Department of Motor Vehicles, Swan Street Building, Empire State Plaza, Albany, NY 12228, shall be the fiscal officer.

(b) The fiscal officer shall make payroll records available for inspection and provide copies of such, upon application by any person, including bona fide members of the news media as required under section 88(1)(g), (1)(i) and (10) of the Freedom of Information Law upon a form prescribed by the Comptroller of the State.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.4 Location

The Department of Motor Vehicles designates its FOIL Processing Center at the Swan Street Building, Empire State Plaza, Albany, NY 12228, as the location where records shall be available for inspection and copying.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.5 Hours of public inspection

The Department of Motor Vehicles shall accept requests for public access to records and produce records between the hours of 8:30 a.m. and 4:30 p.m. on any business day.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.6 Requests for public access to records

(a) A request for records may be on a form prescribed by the Commissioner of Motor Vehicles; except that where the request is for payroll records, it shall be on a form prescribed by the Comptroller of the State.

(b) The Department of Motor Vehicles shall respond within five business days to a written request for records, reasonably described. Such response shall consist of either:

(1) the furnishing of the records requested; or

(2) the denial of the request in writing; or

(3) a written acknowledgment of the receipt of the request and a statement of the approximate date when such request will be granted or denied.

If the department determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgment of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. Failure of the department to conform to the provisions of this subdivision shall constitute a denial of access to records subject to appeal pursuant to section 160.7 of this Part.

(c) The Department of Motor Vehicles shall maintain and make available a master index listing by subject matter records required to be produced, filed, first kept or promulgated by article 6 of the Public Officers Law after September 1, 1974. The master index shall be updated periodically.

(d) In order that the Department of Motor Vehicles' personnel can locate records within a reasonable period of time, a request for access to records should be sufficiently detailed to identify records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify records.

(e) A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.

(f) No records shall be removed by the requester from the office where the record is located.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.7 Denial of access to records

(a) The Chair of the Administrative Appeals Board, Swan Street Building, Empire State Plaza, Albany, NY 12228, and/or such other designee of the Commissioner, shall hear appeals for denial of access to records under the Freedom of Information Law.

(b) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of his right to appeal.

(c) An appeal from a denial of access to records shall be made within 30 days of such denial and shall be in writing, stating the reason therefor, the date and location of the request for records, the records to which the requester was denied access, and the name and return address of the requester.

(d) The time for deciding an appeal shall commence upon receipt of written appeal. There shall be no fee for an appeal.

(e) A decision on an appeal shall be rendered in writing within 10 business days of the receipt of the appeal.

(f) A final denial of access to a requested record shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.

History

Amended New York State Register January 2, 2019/Volume XLI, Issue 01, eff. 1/2/2019

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.8 Fees

(a) As prescribed by section 202 of the Vehicle and Traffic Law, the fee for a single search shall be $10 and the fee for copies or records searched shall be one dollar per page (a page being one of two sides of material), except that the fee for a copy of an accident report shall be $15, plus the $10 search fee. Notwithstanding the foregoing, there shall be no fee for a search for a publication or a manual, and there shall be no fee for a copy of a publication except where a fee is provided by statute. A manual, other than a driver's manual, shall be provided free of charge upon the request of a selected public or an employee for whom the publication was produced, but a fee of seven cents per page (a page being one of two sides of material) shall be charged upon the request of any other person.

(b) Driver's manual. The fee for a driver's manual shall be $1 for any person or entity other than an applicant for a driver's license who obtains a manual at a Department of Motor Vehicles' office or a person or entity that is exempt from the payment of fees pursuant to subdivision one of section 202 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.9 Public notice

The Department of Motor Vehicles has posted a sign setting forth the location where public records shall be available for inspection and copying, the title and business address of the records access officer and fiscal officer, and the right to appeal by any requester denied access to a record for whatever reason and the title and business address of the person to whom an appeal is to be directed.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.10 Severability

If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.

Part 161 Access To Personal Information

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.1 Purpose and scope

(a) It is the responsibility and the intent of the Department of Motor Vehicles to fully comply with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.

(b) The department shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the department that is required to be accomplished by statute or executive order, or to implement a program specifically authorized by law.

(c) Personal information will be collected, whenever practicable, directly from the person to whom the information pertains.

(d) The department seeks to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.

(e) This Part provides information regarding the procedures by which members of the public may assert rights granted by the Personal Privacy Protection Law.

(f) This Part shall not apply to information provided under sections 202 and 354 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.2 Designation of privacy compliance officer

(a) The records manager in the FOIL processing center is hereby designated privacy compliance officer and is responsible for ensuring that the department complies with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating the department's response to requests for records or amendments of records.

(b) The address and telephone number of the privacy compliance officer is: New York State Department of Motor Vehicles, Attn: Privacy Compliance Officer, 6 Empire State Plaza, Albany, NY 12228, (518) 486-5957.

(1) assisting, upon request, a data subject in identifying and requesting personal information, if necessary;

(2) describing, upon request, the contents of systems of records orally or in writing in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;

(3) taking one of the following actions upon locating the record sought:

(i) make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

(ii) permit the data subject to copy the record; or

(iii) deny access to the record in whole or in part and explain in writing the reasons therefor;

(4) making a copy available, upon request, upon payment of or offer to pay established fees, if any, or permitting the data subject to copy the records;

(5) certifying, upon request, that a copy of a record is a true copy; or

(6) certifying, upon request, that:

(i) the department does have possession of the record sought;

(ii) the department cannot locate the record sought after having made a diligent search; or

(iii) the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject without extraordinary search methods being employed by the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.3 Proof of identity

(a) When a request is made in person, or when records are made available in person following a request made by mail, the department may require appropriate identification.

(b) When a request is made by mail, the department may require verification of a signature or inclusion of an identifier generally known only by a data subject, or similar appropriate identification.

(c) Proof of identity shall not be required regarding a request for a record accessible to the public pursuant to article 6 of the Public Officers Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.4 Location

(a) Records shall be made available at the main office of the department, which is located at: 6 Empire State Plaza, Albany, NY 12228.

(b) Whenever practicable, personal history files of employees shall be made available to employees at any office of this department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.5 Hours for public inspection and copying

The department shall accept requests for records and produce records during regular business hours, which are 8:30 a.m. to 4:30 p.m.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.6 Requests for records

(a) All requests shall be made in writing, except that the department may make records available upon an oral request made in person after the applicant has demonstrated proof of identity.

(b) A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the department in locating the records sought.

(c) Requests based upon categories of information described in a notice of a system of records or a privacy impact statement shall be deemed to reasonably describe the record sought.

(d) Within five business days of the receipt of a request, the department shall provide access to the record, deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of the acknowledgment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.7 Amendment of records

Within 30 business days of a request form a data subject for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the department shall:

(a) make the amendment or correction, in whole or in part, and inform the data subject that, on request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law; or

(b) inform the data subject in writing of its refusal to correct or amend the record, including the reasons therefor.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.8 Denial of request for a record or amendment or correction of a record or personal information

(a) Denial of a request for records or amendment or correction of a record or personal information:

(1) shall be in writing, explaining the reasons therefor; and

(2) identify the person to whom an appeal may be directed.

(b) A failure to grant or deny access to records within five business days of the receipt of a request or within 30 days of an acknowledgment or the receipt of a refusal, or a failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

(c) Any such denial may be appealed to: Administrative Appeals Board, Department of Motor Vehicles, Empire State Plaza, Albany, NY 12228.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.9 Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 161.8 of this Part may, within 30 business days of such denial, appeal to the Administrative Appeals Board.

(b) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1) the date and location of a request for a record or amendment or correction of a record or personal information;

(2) the record that is the subject of the appeal; and

(3) the name and return address of the appellant.

(c) Within seven business days of an appeal of a denial of access, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeals shall:

(1) provide access to or correct or amend the record or personal information; or

(2) fully explain in writing the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law.

(e) The department shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part upon receipt, the determination thereof and the reasons therefor at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.10 Statement of disagreement by data subject

(a) If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:

(1) file with the department a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and

(2) request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law.

(b) Upon receipt of a statement of disagreement by a data subject, the department shall:

(1) clearly note any portions of the record that are disputed; and

(2) attach the data subject's statement as part of the record.

(c) When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law, the department may also include a concise statement of its reasons for not making the requested amendment or correction.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.11 Fees

Unless otherwise prescribed by statute, there shall be no fee charged for:

(a) inspection of records;

(b) search for records; or

N.Y. Comp. Codes R. & Regs. Tit. 15 § 161.12 Severability

If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other provisions of this Part or the application thereof to other persons and circumstances.

Subchapter M Miscellaneous Provisions

Part 171 Nondriver Identification Cards

N.Y. Comp. Codes R. & Regs. Tit. 15 § 171.1 Introduction

Chapter 295 of the Laws of 1983 provided for the issuance of nondriver identification cards. This Part is intended to implement the provisions of that chapter in relation to the issuance of nondriver identification cards.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 171.2 Issuance

An applicant for a nondriver identification card is required to have his/her photograph taken as part of the identification card procedure. Such applicant may not wear dark eyeglasses, makeup or apparel which when photographed would obscure the applicant's face or make identification difficult.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 171.3 Revocation of nondriver identification card

A nondriver identification card shall be revoked based upon a finding of a violation of section 392 or 392-a of the Vehicle and Traffic Law. Upon such finding, no new card shall be issued until after one year from the date of such revocation.

Part 172 Special Traffic Options Program For Driving While Intoxicated (stop-dwi)

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.1 Introduction

(a) Chapters 910 and 913 of the Laws of 1981 added article 43-A to the Vehicle and Traffic Law, authorizing the establishment of county special traffic options programs for driving while intoxicated (STOP-DWI). Such programs are funded by fines and forfeitures resulting from violations of sections 1192 and 511-2 of the Vehicle and Traffic Law. The stated purpose of the STOP-DWI program is to provide a plan for coordination of county, town, city and village efforts to reduce alcohol-related traffic injuries and fatalities. Each such program is organized by a coordinator who is responsible for the general administration of the program, including the annual submission of a program plan to the Commissioner of Motor Vehicles. Expenditures from STOP-DWI accounts may only be made upon the approval of that plan.

(b) The City of New York shall be considered a county for the purposes of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.2 Coordinators; designation and replacement

(a) Where the position is funded by STOP-DWI, the coordinator shall be identified in the plan by a specific separate budget item. The plan shall also clearly specify whether the position of coordinator is a full-time or part-time position and, if part-time, shall specify what percentage of the position is devoted to STOP-DWI.

(b) When a vacancy or a change in the position of coordinator occurs, the designating authority specified in section 1678-b of the Vehicle and Traffic Law shall, within 10 days, notify the commissioner, in writing, of such vacancy or change. A replacement coordinator must be designated within 60 days from the date of any notice of vacancy.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.3 Plan development and submission; approval

(a) The plan shall be submitted annually and shall include revenue estimates and proposed expenditures for a local government's fiscal year. In accordance with article 43-A of the Vehicle and Traffic Law, plans should avoid the duplication of existing programs funded or operated by either the State or any municipality. Therefore, plans which proposed expenditures for activities previously funded by State or municipal funds other than STOP-DWI funds will not be eligible for approval.

(b) The plan shall be submitted, in a form prescribed by the commissioner, no later than 90 days prior to the beginning of the local fiscal year. The coordinator may request an extension to allow for submission at a later date. No such extension shall be deemed granted except in writing by the commissioner.

(c) Approval of a plan by the commissioner will be made only after prior approval and documented endorsement of the plan by the local governing body. Documentation of endorsement is to be in the form of a copy of the local resolution adopting the plan and authorizing expenditures after approval of the plan by the commissioner.

(d) Expenditures in a given fiscal year may only be made prior to the approval of a plan by the commissioner when:

(1) the county has been granted an extension of the prior year's plan by the commissioner, in writing; or

(2) the county has submitted a plan as required by subdivision (b) of this section, and such expenditures of the plan are not disapproved by the commissioner within 90 days of plan submission.

(e) Written notification of all plan amendments and budget modifications which propose either expenditures in previously unfunded areas or items or increased expenditures in previously funded areas or items must be sent to the commissioner. In the case of previously unfunded areas or items, such notifications must be sent at least 15 days prior to the expenditure. Written approval by the commissioner is required of such budget modifications only if the sum total of all budget modifications within a fiscal year exceeds 10 percent of the originally approved budget.

(f) The coordinator must maintain a separate file of all contracts made a part of the plan, and the plan must include a summary description of each such contract.

(g) Programs which are funded by both STOP-DWI and other sources shall clearly identify the cost components to be financed by STOP-DWI.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.4 Program monitoring

(a) Coordinators shall insure that access is provided to representatives of the commissioner to all records, fiscal and program data and public meetings, sufficient to exercise the functions described in article 43-A of the Vehicle and Traffic Law and these regulations.

(b) Monitoring of the STOP-DWI program may include, but shall not be limited to:

(1) the financial operations of the program;

(2) certification that all financial statements are presented fairly;

(3) verification of compliance with the laws and regulations affecting the expenditure of program funds;

(4) a programatic review to ensure that the program is being conducted in a manner designed to achieve its intended purposes; and

(5) the accuracy and reliability of reports to State and county governments.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.5 Suspension or withdrawal of approval

(a) Counties must comply with the provisions of article 43-A of the Vehicle and Traffic Law and these regulations. The chief executive officer of those counties which do not so comply shall be notified of such failure with a written notice of noncompliance. Upon the county's failure to comply, the commissioner may, in his or her discretion, issue either a notice of suspension of approval or a notice of withdrawal of approval.

(b) A notice of suspension of approval shall have the following effect:

(1) the county or municipality shall immediately cease making any and all expenditures from STOP-DWI accounts;

(2) the distribution of monies to county or municipal STOP-DWI accounts pursuant to section 1678-a of the Vehicle and Traffic Law shall immediately cease. Such monies shall be retained until the Commissioner of Motor Vehicles either rescinds the notice of suspension of approval, or withdraws program approval;

(3) such suspension of approval shall remain in effect until the Commissioner of Motor Vehicles either rescinds the notice of suspension of approval or withdraws program approval; and

(4) upon rescission of a notice of suspension of approval, all monies which have been retained pursuant to paragraph (2) of this subdivision shall be returned to the county STOP-DWI account.

(c) Notice of withdrawal of program approval shall mean that any program which is the subject of such notice shall be deemed to have ceased as of the date of such notice and shall be subject to the provisions of section 172.8 of this Part.

(d) Copies of notices of suspension or withdrawal of program approval issued by the commissioner pursuant to this section shall be forwarded to the Office of the State Comptroller and the Office of Court Administration.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.6 Financial management systems

(a) Each county's financial management system shall provide for:

(1) accurate, current and complete disclosure of the financial operations of the program;

(2) records that adequately identify the source and application of funds for STOP-DWI activities;

(3) effective control over and accountability for STOP-DWI program funds, property and other assets. Counties shall adequately safeguard all such assets and shall assure that they are used for authorized purposes;

(4) procedures for determining the reasonableness, allowability and allocation of cost in accordance with the provisions of the law, department regulations, and the approved plan and budget;

(5) accounting records that are supported by source documentation; and

(6) appropriate resolution of problems as discovered by monitoring and reviewing, or recommendations made as a result thereof.

(b) Any unspent monies must be retained in the STOP-DWI account.

(d) The county shall maintain records that identify STOP-DWI program revenues and expenditures separately from the county's regular operations. This requires a system of accountability for all program expenditures in accordance with approved budgets.

(e) Financial records, supporting documents, statistical records, and all other records pertinent to the STOP-DWI program shall be retained by the county for a period of seven years. If any litigation or audit is started before the expiration of the seven-year period, the records shall be retained until all litigations or audit findings involving the records have been resolved.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.7 Program and fiscal reporting requirements

(a) In accordance with requirements established by the commissioner, each STOP-DWI coordinator shall submit to the department data on activities funded by the STOP-DWI program; data on arrests and convictions for drinking and driving; and any other data deemed necessary by the department to oversee and evaluate the STOP-DWI program.

(b) Each county fiscal officer shall submit to the department data on the fiscal operations of the program.

(c) The commissioner shall prescribe the form and schedule of program and fiscal reports, including the annual report as required by section 1678-d of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.8 Program cessation

(a) The cessation of a STOP-DWI program, whether voluntarily or by virtue of the issuance of a notice of withdrawal of approval pursuant to section 172.5 of this Part, shall result in the following:

(1) No further expenditures, other than those which accrued prior to the effective date of cessation, may be made from the STOP-DWI account.

(2) The distribution of monies to the county's STOP-DWI account, pursuant to section 1678-a of the Vehicle and Traffic Law, shall immediately cease.

(3) All monies remaining in such account as of the effective date of cessation shall, in accordance with section 1678-i of the Vehicle and Traffic Law, be transferred to the general fund of the State Treasury.

(4) All monies which have been retained pursuant to a notice of suspension of approval shall be transferred to the general fund of the State Treasury.

Part 173 Nonfee Duplicate Documents For Crime Victims

N.Y. Comp. Codes R. & Regs. Tit. 15 § 173.1 Nonfee duplicates

(a) As permitted by chapter 548 of the Laws of 1986, whenever a driver's license, learner's permit, registration certificate or number plate or plates has or have been destroyed, stolen or lost as a result of a crime, the victim of such crime may apply to the Department of Motor Vehicles and be issued such lost, stolen or destroyed item or items without payment of any fee, provided that at the time of application he or she submits a letter or report from a police agency substantially as set forth in subdivision (b) of this section confirming that the applicant has reported the crime and the loss of such item or items to that police agency.

(b) Suggested form letter is set forth below:

Police Letterhead

(VIN) ..............................................................................................

DATE .. SIGNATURE.........................................................................................

BADGE NUMBER AND RANK

Part 174 Display Of Windshield Stickers

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.1 Introduction

Only posters and stickers approved by the Commissioner of Motor Vehicles may be displayed on the windshield or rear windows of motor vehicles registered in New York. Posters or stickers on the windshield and rear window interfere with visibility. Limiting the number and size of posters and stickers minimizes this interference.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.2 Registration sticker

The New York registration sticker must be attached on the inside of the front windshield, in the lower left-hand corner, in accordance with section 17.4(d) of this Title. No vehicle shall display more than one registration sticker.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.3 Inspection sticker

(a) The New York Department of Motor Vehicles certificate of inspection or notice of inspection extension and rejection may be displayed on the inside of the front windshield, in the lower left-hand corner, in accordance with section 79.20(c)(7) of this Title.

(b) The New York Department of Transportation certificate of inspection may be displayed on the inside, of the front windshield, in the lower right-hand corner.

(c) The New York City Taxi and Limousine Commission certificate of inspection may be displayed on the inside of the front windshield, in the lower left-hand corner.

(d) No vehicle shall display more than one certificate of inspection or notice of inspection extension and rejection.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.4 Electronic toll collection tags

One receiver-transmitter issued by a tolling facility in connection with electronic toll collection may be affixed to the upper or lower center portion of the windshield, depending upon the type of vehicle, in accordance with mounting instructions provided by the tolling facility.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.5 Parking or security stickers

(a) Subject to the limitations of this section, stickers identifying a vehicle for parking or security purposes may be placed on the inside of the windshield in the lower right hand corner without prior approval of the commissioner. Electronic parking tags may be placed on the inside of the windshield in the lower left hand corner without prior approval of the commissioner.

(b) Stickers or electronic parking tags may not be of a size that would interfere with visibility. The front surface of the sticker must be gummed so that it may be attached to the inside of the windshield.

(c) No vehicle may display more than two parking or security stickers or electronic parking tags, or combination thereof.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.6 Special event stickers

The commissioner, upon request, may approve windshield stickers for use at special events for limited periods. Stickers must be removed at the conclusion of the event.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.7 Auto theft prevention program decal

An auto theft prevention program decal, described fully in Part 72 of this Title, may be affixed by a police officer to the inside, lower left corner of a vehicle's rear window, and may be displayed until there is a change of registration and ownership.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.8 Military installation decals

The commanding officer of any base, fort, arsenal, reservation or other installation operated by the Armed Forces of the United States may authorize a decal or set of decals to be affixed to the top center of the windshield of any vehicle operating on such facility. No part of the decal or set of decals may extend more than six inches below the top of the windshield. The decal or set of decals may not exceed in size a rectangle approximately four inches wide by two inches high.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.9 Westchester county taxi and limousine commission for-hire stickers

One licensed for-hire sticker may be displayed on the inside of the front windshield, in the lower right hand corner on those motor vehicles regulated by the Westchester County Taxi and Limousine Commission. Such stickers may not be of a size that would interfere with visibility.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.10 New york state stopped stickers

One sticker may be displayed on the inside of the front windshield, in the upper left hand corner on those motor vehicles registered in the New York State STOPPED Program. Such stickers must be transparent with a red border and must be no larger than 31/2 inches wide by 31/2inches high.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.11 New york state inspection reminder sticker

The New York State inspection reminder sticker (VS-1083) may be displayed on the inside of the front windshield in the upper center not more than six inches from the top of the windshield. The sticker may be issued, on a voluntary basis, by a New York State official inspection station to for hire vehicles licensed by the New York City Taxi and Limousine Commission that are subject to three inspections in each calendar year. The sticker shall display the date that the next inspection is due.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 174.12 New york city taxi and limousine commission for-hire stickers

One licensed for-hire sticker may be displayed on the inside of the front windshield, in the lower right hand corner on those motor vehicles regulated by the New York City Taxi and Limousine Commission. Such stickers may not be of a size that would interfere with visibility.

Part 176 Declaratory Rulings

N.Y. Comp. Codes R. & Regs. Tit. 15 § 176.1 Statement of purpose and applicability

(a) The purpose of this Part is to establish the procedures governing the issuance of declaratory rulings by the department pursuant to State Administrative Procedure Act section 204.

(b) Declaratory ruling means a statement described in State Administrative Procedure Act section 204(1) issued by the department with respect to:

(1) the applicability to any person, property, or state of facts of any rule or statute enforceable by the department; or

(2) whether any action by the department requires adoption as a rule pursuant to article 2 of State Administrative Procedure Act in order to be effective.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 176.2 Procedures

(a) A petition for a declaratory ruling shall be in writing and signed by the petitioner, and must contain at least the following information:

(1) the name, address and telephone number of the petitioner;

(2) a complete and precise statement of the facts and grounds prompting the petition, including a full disclosure of the petitioner's interest;

(3) a clear concise statement of:

(i) the controversy or uncertainty that is the subject of the petition;

(ii) the petitioner's proposed resolution of that controversy or uncertainty; and

(4) citations to any applicable statutes, rules or other authorities involved.

(b) Petitions shall be addressed to the department's legal bureau and sent by certified mail, return receipt requested. The returned post office receipt shall constitute proof of service, which shall be deemed effective on the day such petition is received.

(c) A petitioner for a declaratory ruling shall promptly correct any deficiencies in a filed petition and shall make available for the department's use the originals, or, if so directed, certified or verified copies, of all books, papers, and documents that may be required. Failure to do so may be grounds for declining to issue a declaratory ruling.

(d) The legal bureau for the department shall receive such petitions and issue a declaratory ruling or a statement declining to issue a declaratory ruling or advise that an application should be declined as incomplete, ambiguous, inappropriate or unnecessary under the facts and circumstances recited in the petition.

(e) Where a petition seeks a declaratory ruling with respect to whether an action should be taken pursuant to a rule, the declaratory ruling or statement declining to issue a declaratory ruling will be issued within 60 days of the date the petition is received.