N.Y. Vehicle & Traffic Law § 250: Exemption of non-resident owners and operators

§ 250. Exemption of non-resident owners and operators. 1. Except as

otherwise provided in subdivision three of this section, the provisions

of this chapter relative to the registration and equipment of motor

vehicles, motorcycles and trailers and the display of registration

numbers shall not apply to a motor vehicle, motorcycle or trailer owned

by a non-resident of this state, provided that the owner thereof shall

have complied with the provisions of the law of the foreign country,

state, territory or federal district of his residence relative to

registration and equipment of such motor vehicle, motorcycle or trailer,

as the case may be, and the display of registration numbers thereon, and

shall conspicuously display his registration numbers as required

thereby. However, except for a vehicle owned by a person who has

obtained a waiver pursuant to the provisions of paragraph b of

subdivision three of this section, with respect to such vehicle, the

provisions of this subdivision shall be operative as to a motor vehicle,

motorcycle or trailer owned by a non-resident of this state only to the

extent that under the laws of the foreign country, state, territory or

federal district of his residence like exemptions and privileges are

granted to motor vehicles, motorcycles and trailers duly registered

under the laws of and owned by residents of this state.

A person, firm, association or corporation having a place of business

in a foreign country, state, territory or federal district and owning a

motor vehicle, motorcycle or trailer used in connection with and garaged

at such place of business which such owner is compelled to register in

such foreign jurisdiction shall be deemed a resident of such foreign

jurisdiction and a non-resident of this state within the meaning of this

subdivision for the purpose of enjoying the privileges of this

subdivision with respect to such vehicle.

In case a non-resident becomes a resident of this state, he shall be

entitled for a period not exceeding thirty days from the date he becomes

a resident to the same exemption from registering his vehicles in this

state as he would have enjoyed had he remained a non-resident.

2. A person of the age of sixteen years and upwards who shall be a

nonresident of this state, and a resident of a state, territory, federal

district or foreign country having laws, with which such person has

complied, which require such person, in order to operate a motor vehicle

or motorcycle therein, to be licensed, may operate or drive a motor

vehicle or motorcycle on the public highways of this state without being

so licensed under this chapter, provided, however, that the recognition

granted under this subdivision shall, with respect to a person under the

age of eighteen years, only permit the operation of a motor vehicle or

motorcycle in this state in accordance with the same restrictions

imposed upon New York residents operating or driving motor vehicles or

motorcycles with class DJ or MJ licenses under subdivision three of

section five hundred one of this chapter. A nonresident entitled to

operate a motor vehicle or motorcycle as herein provided who shall

become a resident of this state may operate or drive a motor vehicle or

motorcycle on the public highways of this state for a period not

exceeding thirty days from the date he becomes a resident pending the

obtaining of a license to operate such motor vehicle or motorcycle in

this state. The exemption granted in this subdivision shall not apply to

persons whose privilege of operating a motor vehicle in this state, or

whose former license to drive in this state, has been suspended or

revoked, until such suspension or revocation has been terminated or

privilege of operating a motor vehicle restored.

3. (a) The exemptions provided in subdivisions one and four of this

section shall not apply to a motor vehicle, motorcycle or trailer, other

than a semitrailer drawn by a tractor registered in this state which is

operated on any public highway of this state to transport persons or

property for hire or profit from one point in this state to another

point in this state or which is operated in doing any work performed

under a contract for a public improvement to which the state, a

municipal corporation, a school district or a commission appointed

pursuant to law is a party, except to transport machinery, tools or

other plant equipment to be used in the performance of such a contract;

provided, however, that the mere makeup or breakup of a tandem trailer

combination on the New York state thruway shall not, with respect to the

tractor hauling such tandem trailer combination, constitute, in and of

itself, a point in this state for the purpose of determining whether

there has been a transportation of property for hire or profit from one

point in this state to another point in this state; provided, further,

however, that the transportation by any tractor not registered in the

state of New York of a trailer carrying property for profit, placed

thereon within this state and consigned for delivery herein, shall be

prohibited.

(b) The commissioner may, in his discretion, waive the provisions of

this subdivision with respect to any motor vehicle, motorcycle, trailer

or semitrailer, duly registered in another state, territory, federal

district or foreign country, provided that the owner thereof has

registered annually in this state a number of vehicles equal to or in

excess of the average number of vehicles said owner will have available

annually in this state for hire or operation therein. The commissioner

is hereby authorized and empowered to adopt and amend rules and

regulations to effectuate the provisions of this paragraph. Such

regulations may include a requirement that the owner file annually and

at such time and in such manner as shall be prescribed by the

commissioner, a sworn statement including, but not limited to the

following information: (1) the owner's total number of motor vehicles,

motorcycles, trailers and/or semitrailers registered in Canada and the

United States; (2) the owner's total annual registration of such

vehicles in this state; and (3) the total number of such vehicles which

are rented, leased or used in this state for the preceding twelve month

period or in the absence of any past experience, the total anticipated

number of such vehicles that will be rented, leased or used in this

state. Nothing herein contained shall be construed as requiring the

granting of the waiver authorized by this paragraph.

(c) The provisions of paragraph (a) of this subdivision, insofar as

they require display of number plates issued by the commissioner, shall

not apply to any motor vehicle, other than a bus, which is duly

registered in another state and displays registration and number plates

as required by that state, which registration and number plates permit

the transportation of persons for-hire within that state, provided the

registrant has been issued a registration for such motor vehicle by the

commissioner, has paid the appropriate annual fee as provided in

schedule C of subdivision seven of section four hundred one of this

chapter and displays proof of such registration on such vehicle in

accordance with regulations promulgated by the commissioner.

Notwithstanding any other provision of this chapter, the commissioner

need not issue number plates to the registrant when issuing a

registration intended to secure the authorization for operation within

this state as provided by this paragraph.

4. a. The provisions of this chapter relative to the registration of

motor vehicles, motorcycles and trailers and the display of registration

numbers shall not apply to a motor vehicle, motorcycle or trailer owned

by a non-resident of the state who is a seasonal farm laborer, for a

period extending from the first day of April to and including the

thirtieth day of November in each year, provided that the owner thereof

shall have complied with the provisions of the law of the foreign

country, state, territory or federal district of his residence relative

to registration of such motor vehicle, motorcycle or trailer, as the

case may be, and the display of registration numbers thereof, and

provided further that the owner thereof shall furnish proof to the

commissioner that such owner has in effect with respect to such motor

vehicle an automobile liability policy issued by an insurance company

authorized to do business in this state or by an unauthorized insurer

authorized to transact business in the jurisdiction of his residence in

at least the amount of twenty-five thousand dollars because of bodily

injury to or fifty thousand dollars because of death of one person in

any one accident and, subject to said limit for one person, in at least

the amount of fifty thousand dollars because of bodily injury to or one

hundred thousand dollars because of death of two or more persons in any

accident, and in at least the amount of ten thousand dollars because of

injury to or destruction of property of others in any one accident.

b. Upon filing of such proof of financial security, the commissioner

shall issue to the owner of said motor vehicle, motorcycle or trailer,

upon payment of a fee of two dollars, a certificate, which certificate

shall be affixed to a prominent place on the interior of said motor

vehicle, motorcycle or trailer, and shall bear the following

information: (1) name and address of the owner of said motor vehicle,

motorcycle or trailer, (2) make and year of said motor vehicle,

motorcycle or trailer, (3) state of registration and registration number

thereof, (4) date of expiration of the exemption period provided in this

subdivision and (5) such other information as the commissioner may

direct.

c. The exemption provided in this subdivision shall in no way affect

the non-resident status of the owner of said motor vehicle, motorcycle

or trailer and he shall be subject to the provisions of all other laws,

rules, codes and regulations with respect to the ownership and/or

operation by a non-resident of a motor vehicle, motorcycle or trailer in

this state. However, all said motor vehicles, motorcycles and trailers

shall be subject to the provisions of article five of this chapter in

the same manner as if they are registered in this state.

d. A non-resident of the state who is a seasonal farm laborer shall be

entitled to a period not exceeding thirty days from the date of his

entrance into the state within which to file proof of financial security

and pay the fee required and secure the certificate authorized in

paragraph b of subdivision four of this section, provided, however, that

the limitations contained in subdivision three of this section shall be

applicable until such time as the certificate authorized in paragraph b

of this subdivision is obtained.

5. As used in this section, the term "resident" shall mean

domiciliary, that is, one who lives in this state with the intention of

making it a fixed and permanent abode. It shall be presumptive evidence

that a person who maintains a place of abode in this state for a period

of at least ninety days is a resident of this state.