N.Y. Vehicle & Traffic Law § 401: Registration of motor vehicles; fees; renewals

§ 401. Registration of motor vehicles; fees; renewals. 1. Registration

by owners. a. No motor vehicle shall be operated or driven upon the

public highways of this state without first being registered in

accordance with the provisions of this article, except as otherwise

expressly provided in this chapter.

b. Every owner of a motor vehicle which shall be operated or driven

upon the public highways of this state shall, except as otherwise

expressly provided, cause to be presented, by mail or otherwise, to the

office or a branch office of the commissioner, or to any agent of the

commissioner, constituted as provided in this chapter, an application

for registration addressed to the commissioner, and on a blank to be

prepared under the direction of and furnished by the commissioner for

that purpose, containing: (a) a brief description of the motor vehicle

to be registered, including the name and factory number of such vehicle,

and such other facts as the commissioner shall require; (b) the weight

of the vehicle upon which the registration fee is based if the fee is

based on weight; (c) the name and residence, including county of the

owner of such motor vehicle; (d) provided that, if such motor vehicle is

used or to be used as an omnibus, the applicant also shall so certify,

and in the case of an omnibus also certify as to the seating capacity,

and if the omnibus is to be operated wholly within a municipality

pursuant to a franchise other than a franchise express or implied in

articles of incorporation upon certain streets designated in such

franchise, those facts shall also be certified, and a certified copy of

such franchise furnished to the commissioner; (e) provided, that, if

such motor vehicle is an altered livery, the applicant shall so furnish

a certified copy of the length of the center panel of such vehicle,

provided, however, that the commissioner shall require such proof, as he

may determine is necessary, in the application for registration and

provided further, if the center panel of such vehicle exceeds one

hundred inches, the commissioner shall require proof that such vehicle

is in compliance with all applicable federal and state motor vehicle

safety standards; and (f) such additional facts or evidence as the

commissioner may require in connection with the application for

registration. Every owner of a trailer shall also make application for

the registration thereof in the manner herein provided for an

application to register a motor vehicle, but shall contain a statement

showing the manufacturer's number or other identification satisfactory

to the commissioner and no number plate for a trailer issued under the

provisions of subdivision three of section four hundred two of this

chapter shall be transferred to or used upon any other trailer than the

one for which number plate is issued. The commissioner shall require

proof, in the application for registration, or otherwise, as such

commissioner may determine, that the motor vehicle for which

registration is applied for is equipped with lights conforming in all

respects to the requirements of this chapter, and no motor vehicle shall

be registered unless it shall appear by such proofs that such motor

vehicle is equipped with proper lights as aforesaid. The said

application shall contain or be accompanied by such evidence of the

ownership of the motor vehicle described in the application as may be

required by the commissioner or his agent and which, with respect to new

vehicles, shall include, unless otherwise specifically provided by the

commissioner, the manufacturer's statement of origin. Applications

received by an agent of the commissioner shall be forwarded to the

commissioner as he shall direct for filing. No application for

registration shall be accepted unless the applicant is at least sixteen

years of age.

2. Registration record. Upon the receipt of a sufficient application

for registration of a motor vehicle or trailer, as provided in this

article, the commissioner, or the agent receiving it, shall register

such motor vehicle or trailer and maintain a record of the registration

of such vehicle under the distinctive number assigned to such motor

vehicle or trailer as provided in this section, and the information in

such record may be obtained upon payment of the fees specified in

section two hundred two of this chapter.

3. Certificates of registration. a. Upon filing of such application

and the payment of the fee hereinafter provided, the commissioner shall

assign to such motor vehicle a distinctive number and, without expense

to the applicant, issue and deliver in such manner as the commissioner

may select to the owner a certificate of registration, in such form as

the commissioner shall prescribe, and two number plates at a place

within the state of New York named by the applicant in his or her

application. A number plate, within the meaning of this chapter, may, in

the discretion of the commissioner, be a plate of a permanent nature,

treated with reflectorized material according to specifications

prescribed by the commissioner, and with a date tag attached to such

plate or to the vehicle as prescribed by regulations of the commissioner

indicating the validity of the plate during a certain period and the

issuance of such a number plate with such date tag to a person

possessing such a number plate shall be deemed the issuance of a number

plate. An additional fee, not to exceed twenty-five dollars, shall be

paid to the commissioner whenever a set of reflectorized number plates

is issued for any vehicle for which a registration fee is normally

charged except that, with respect to any number plate which is

specifically requested by the applicant, such fee shall be paid to the

commissioner upon approval of such request. In the event of the loss,

mutilation or destruction of any certificate of registration, any number

plate or set of number plates whether with or without a date tag or

tags, or any date tag or set of date tags provided for in this article,

the owner of a registered motor vehicle may file such statement and

proof of the facts as the commissioner shall require, with a fee of

three dollars, in the office of the commissioner, or, unless and until

the commissioner shall otherwise direct, in the office of the agent who

issued the certificate, plate, plates, tag or tags and the commissioner

or his or her agent, as the case may be, shall issue a duplicate or

substitute. It shall be the duty of every owner holding a certificate of

registration to notify the commissioner in writing of any change of

residence of such person within ten days after such change occurs, and

to inscribe on such certificate, in the place provided by the

commissioner, a record of such change of residence.

b. During a registration period the commissioner may, upon application

by the owner of a registered motor vehicle and upon payment of a fee of

three dollars and seventy-five cents, change the distinctive number

assigned to such motor vehicle and issue a new set of number plates

provided the original registration and number plates are surrendered.

Notwithstanding any inconsistent provision of this section, the

difference collected between the fees set forth in this subdivision in

effect on and after September first, two thousand nine and the fees set

forth in this subdivision in effect prior to such date shall be

deposited to the credit of the dedicated highway and bridge trust fund.

c. The commissioner may waive the payment of fees required by

paragraph a of this subdivision if the applicant is a victim of crime

and the certificate of registration or number plates applied for are a

replacement for those that were lost or destroyed as a result of the

crime.

d. In processing any application for a certificate of registration

pursuant to this article or to title eleven of this chapter, the

commissioner shall provide the applicant with informational materials

describing the lead-acid battery management, return and collection

requirements set forth in title seventeen of article twenty-seven of the

environmental conservation law, and the used oil management, recycling

and disposal requirements set forth in title twenty-three of article

twenty-three of the environmental conservation law. Such informational

materials shall be distributed at the first opportunity and periodically

thereafter.

4. Carrying certificate of registration. Any magistrate, motor vehicle

inspector, peace officer, acting pursuant to his special duties, or

police officer may request that the operator of any motor vehicle

produce for inspection the certificate of registration for such vehicle

and such operator shall furnish to such magistrate, inspector, peace

officer or police officer any information necessary for the

identification of such vehicle and its owner, and all information

required concerning his license to operate, if he is required by law to

have such a license, and shall, if required, sign his name in the

presence of such magistrate, inspector, peace officer or police officer

as a further means of identification. The production of a license to a

magistrate, inspector, peace officer or police officer shall be prima

facie evidence in a prosecution for a violation of any provision of this

chapter, other than section three hundred ninety-two of this chapter,

that the person who so produced the license is the person identified on

such license. Provided, however, that a photostatic copy of the

certificate of registration may be produced in lieu of the original

certificate. If a vehicle does not have affixed a validating sticker

which indicates the plate number, the vehicle identification number and

the expiration date of the registration, the failure to produce the

certificate of registration, or a photostatic copy of such certificate,

shall be presumptive evidence of operating a motor vehicle or trailer

which is not registered as required by this article.

5. Times for registration, reregistration and renewal; proportionate

fees. a. Registrations, reregistrations and renewals shall take effect

and expire on dates determined by the commissioner. However, where the

expiration date of the registration of any vehicle, except a taxi or an

omnibus, falls on a Saturday, Sunday or state holiday, such registration

shall be valid for the operation of such vehicle until midnight of the

next day on which state offices shall be open for business. Provided,

however, that renewal of a registration may be used preceding the

expiration date of such registration including such expiration date.

Provided, further, however, that where the required proof of

registration consists of an expired registration for the same vehicle,

issued to the same person applying for the registration or renewal, and

the expired registration certificate and number plates and date tags

issued for such registration had not been surrendered to the

commissioner on or before the expiration date of such registration, the

commissioner may in his discretion deem such application to be a renewal

of the expired registration and require that the fee paid for such

registration be computed as if the registration had been made prior to

the date of expiration of the expired registration.

b. The fee for the renewal of a registration shall be the same as the

annual registration fee, and, where a registration or renewal is for a

period of more or less than one calendar year, the annual fees as

provided in this section shall be increased or reduced proportionately

on a daily computation basis, except that where the annual registration

fee for such vehicle would amount to ten dollars or less, the fee shall

not be so prorated.

c. Notwithstanding any other provision of this article, the

commissioner shall issue registrations and renewals of registrations for

motor vehicles for which a registration fee established in paragraph a

of subdivision six of this section is required to be paid and for motor

vehicles having a maximum gross weight of not more than eighteen

thousand pounds for which a registration fee established in paragraph

one of schedule B of subdivision seven of this section is required to be

paid for a period of not less than two years. In addition, the full

amount of any other charges, taxes or fees which would be required to be

paid to, or collected by, the commissioner during the entire

registration period if registrations were issued for twelve month

periods shall be paid to the commissioner at the time of such

registration or renewal of registration. The commissioner shall

promulgate rules and regulations for the issuance of registration

renewals extended as required in this paragraph. However, such

regulations may provide that the initial issuance of extended renewals

be accomplished over a two year period. The commissioner may by

regulation exempt from the provisions of this paragraph registrations

for motor vehicles issued in conjunction with any long-term registration

program or registration reciprocity or proration agreement which this

state has established or to which this state is a party.

5-a. Denial of registration or renewal. a. (i) If at the time of

application for a registration or renewal thereof there is a

certification from a court, parking violations bureau, traffic and

parking violations agency, traffic camera violations bureau or

administrative tribunal of appropriate jurisdiction that the registrant

or their representative failed to appear on the return date or any

subsequent adjourned date or failed to comply with the rules and

regulations of an administrative tribunal following entry of a final

decision in response to a total of three or more summonses or other

process in the aggregate, issued within an eighteen month period,

charging either that: (i) such motor vehicle was parked, stopped or

standing, or that such motor vehicle was operated for hire by the

registrant or their agent without being licensed as a motor vehicle for

hire by the appropriate local authority, in violation of any of the

provisions of this chapter or of any law, ordinance, rule or regulation

made by a local authority; or (ii) the registrant was liable for a

violation of subdivision (d) of section eleven hundred eleven of this

chapter imposed pursuant to a local law or ordinance imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with traffic-control indications through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter; or (iii) the

registrant was liable for a violation of subdivision (b), (c), (d), (f)

or (g) of section eleven hundred eighty of this chapter imposed pursuant

to a demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with such posted

maximum speed limits through the installation and operation of photo

speed violation monitoring systems, in accordance with article thirty of

this chapter; or (iv) the registrant was liable for a violation of bus

lane restrictions as defined by article twenty-four of this chapter

imposed pursuant to a bus rapid transit program imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with such bus lane restrictions through the installation and

operation of bus lane photo devices, in accordance with article

twenty-four of this chapter; or (v) the registrant was liable for a

violation of section eleven hundred seventy-four of this chapter when

meeting a school bus marked and equipped as provided in subdivisions

twenty and twenty-one-c of section three hundred seventy-five of this

chapter imposed pursuant to a local law or ordinance imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with school bus red visual signals through the installation

and operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter; or (vi) the

registrant was liable for a violation of section three hundred

eighty-five of this chapter and the rules of the applicable covered

agency or covered authority as such terms are defined in article ten of

this chapter in relation to gross vehicle weight and/or axle weight

violations imposed pursuant to a weigh in motion demonstration program

imposing monetary liability on the owner of a vehicle for failure of an

operator thereof to comply with such gross vehicle weight and/or axle

weight restrictions through the installation and operation of weigh in

motion violation monitoring systems, in accordance with article ten of

this chapter; or (vii) the registrant was liable for a violation of

subdivision (b), (d), (f) or (g) of section eleven hundred eighty of

this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such posted maximum speed limits within a highway

construction or maintenance work area through the installation and

operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter, or (viii) the registrant was liable

for a violation of bus operation-related traffic regulations as defined

by article twenty-four of this chapter imposed pursuant to a

demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with such bus

operation-related traffic regulations through the installation and

operation of bus operation-related photo devices, in accordance with

article twenty-four of this chapter, the commissioner or their agent

shall deny the registration or renewal application until the applicant

provides proof from the court, traffic and parking violations agency,

traffic camera violations bureau or administrative tribunal wherein the

charges are pending that an appearance or answer has been made or in the

case of an administrative tribunal that such applicant has complied with

the rules and regulations of said tribunal following entry of a final

decision. Where an application is denied pursuant to this section, the

commissioner may, in their discretion, deny a registration or renewal

application to any other person for the same vehicle and may deny a

registration or renewal application for any other motor vehicle

registered in the name of the applicant where the commissioner has

determined that such registrant's intent has been to evade the purposes

of this subdivision and where the commissioner has reasonable grounds to

believe that such registration or renewal will have the effect of

defeating the purposes of this subdivision. Such denial shall only

remain in effect as long as the summonses remain unanswered, or in the

case of an administrative tribunal, the registrant fails to comply with

the rules and regulations following entry of a final decision.

(ii) For purposes of this paragraph, the term "motor vehicle operated

for hire" shall mean and include a taxicab, livery, coach, limousine or

tow truck.

b. If at the time of application by any person for a registration or

renewal thereof there is a certification from a court or an agency or

administrative tribunal with regulatory or adjudicatory authority over

van services or other such common carriers of passengers in any city

with a population of over one million pursuant to subdivision five of

section eighty of the transportation law that there remains unpaid a

penalty imposed by such agency or administrative tribunal or court

following entry of a decision or order, including a decision or order in

a proceeding in which there has been a failure to appear or pay, in

response to a notice of violation, summons or other process issued

charging that the vehicle was operated as a van service or other such

common carrier of passengers without the operating authority required by

such local law or ordinance, the commissioner or the commissioner's

agent shall impose a vehicle identification number block and deny the

registration or renewal application until the applicant provides proof

from the court or agency or other administrative tribunal wherein the

charges were adjudicated that such penalty has been paid in full or the

violation has been corrected to its satisfaction. Where an application

is denied pursuant to this paragraph, the commissioner may, in the

commissioner's discretion, deny a registration or renewal application

for any other motor vehicle registered in the name of the applicant

where the commissioner has determined that such registrant's intent has

been to evade the purposes of this paragraph and where the commissioner

has reasonable grounds to believe that such registration or renewal will

have the effect of defeating the purposes of this paragraph. Such

vehicle identification number block and denial shall only remain in

effect until the penalty has been paid in full or the violation has been

corrected to the satisfaction of the court, city agency or

administrative tribunal.

c. The commissioner may promulgate such regulations as are necessary

to effectuate the provisions of this subdivision, including provisions

for the recovery of the administrative costs of the program incurred for

each municipality. The commissioner may, in his discretion, refuse to

process a certification received from a court or administrative tribunal

in any municipality which has failed to comply with the provisions of

section five hundred fourteen of this chapter or which does not have an

effective program for enforcing suspension and revocation orders issued

by the department.

6. Registration fees. a. The following fees shall be paid to the

commissioner, or agent, upon the registration or reregistration of a

motor vehicle, including a suburban, in accordance with the provisions

of this article:

If such motor vehicle, fully equipped, weighs thirty-five hundred

pounds or less, eighty-one cents for each one hundred pounds or major

fraction thereof; if such motor vehicle, fully equipped, weighs more

than thirty-five hundred pounds, eighty-one cents for each one hundred

pounds up to thirty-five hundred pounds, and one dollar and twenty-one

cents for each hundred pounds, or major fraction thereof, in excess of

thirty-five hundred pounds; provided, however, that the total fees for

the registration or reregistration of any passenger motor vehicle

propelled by electricity shall be sixteen dollars and eighteen cents, of

a six, eight, or twelve cylinder motor vehicle not less than sixteen

dollars and eighteen cents, and of any other motor vehicle not less than

twelve dollars and ninety-five cents; and provided further that for

motor vehicles described in subdivision seven of this section, the fee

for such registration shall be as therein prescribed. Provided further,

however, that the maximum registration fee under this paragraph shall

not exceed seventy dollars and eight cents per registration year. For

the purposes of this section a "suburban" shall be a motor vehicle with

a convertible or interchangeable body or with removable seats, usable

for both passenger and delivery purposes, and including motor vehicles,

commonly known as station or depot wagons. The manufacturer's weight of

motor vehicle shall be accepted as the weight for the purpose of

registration under this paragraph.

b. The provisions of this article with respect to the payment of

registration fees shall not apply to ambulances used exclusively to

carry sick or injured persons, other than those used in the business of

carrying or transporting sick or injured persons for hire or profit, or

to motor vehicles which are especially constructed and equipped to carry

lost, strayed, sick, maimed or disabled animals, and owned and operated

for that purpose by a duly incorporated society, incorporated for the

purpose of preventing cruelty to animals, or to motor vehicles owned or

controlled by the state, a city, county, village, town, school district,

or fire district or any of the departments thereof or county extension

service association or public improvement district formed under and

pursuant to provisions of the town law, or sanitary district formed

pursuant to the provisions of chapter five hundred sixteen of the laws

of nineteen hundred twenty-eight, as amended, or soil conservation

districts formed pursuant to the provisions of the soil conservation

districts law, or to motor vehicles owned by professional foreign

consuls-general, consuls and vice consuls, who are nationals of the

state appointing them and who are assigned to foreign consulates in the

state of New York, provided that American professional consular officers

of equal rank who are citizens of the United States and who exercise

their official functions at American consulates in such foreign country,

are granted reciprocal exemption, or to motor vehicles owned and

operated by the American Red Cross, but in other respects shall be

applicable.

b-1. The provisions of this article with respect to the payment of

registration fees shall not apply to (i) fire vehicles, as defined in

section one hundred fifteen-a of this chapter, owned or controlled by a

fire company, as defined in section three of the volunteer firefighters'

benefit law, or to (ii) emergency ambulance service vehicles, as defined

in section one hundred fifteen-c of this chapter, owned or controlled by

an ambulance company, as defined in section three of the volunteer

ambulance workers' benefit law. Upon the filing of an application in

such form and detail as the commissioner may prescribe, the commissioner

shall issue plates for such vehicles in the same manner as plates issued

to vehicles owned or controlled by fire districts pursuant to paragraph

b of this subdivision.

c. The provisions of this subdivision with respect to the payment of

registration fees shall not apply to a passenger or suburban type motor

vehicle or the provisions of subdivision seven of this section with

respect to the payment of registration fees shall additionally not apply

to any auto truck or light delivery car having a maximum gross weight of

less than sixty-five hundred pounds which is used exclusively for

passengers and owned by any disabled veteran of the armed forces of the

United States who has obtained such motor vehicle under and pursuant to

the provisions of public law number six hundred sixty-three,

seventy-ninth congress, and public law number seven hundred

ninety-eight, eighty-first congress and public law number one hundred

eighty-seven, eighty-second congress or any comparable motor vehicle

which is bought or acquired to replace such original motor vehicle owned

by such disabled veteran.

d. (i) In addition to the other fees provided for in this section, the

commissioner shall, upon the application for the registration of a motor

vehicle or the renewal thereof, collect the tax authorized by

subdivision (g) of section twelve hundred one of the tax law, if a city

of one million or more, pursuant to subdivision (h) of section twelve

hundred one of such law, enacts a local law providing for the collection

of such tax by the commissioner and enters into the required agreement

relating thereto.

(ii) In addition to the other fees provided for in this section, the

commissioner shall, upon the application for the registration of a motor

vehicle or the renewal thereof, collect the tax of the type authorized

under subdivision (e) of section twelve hundred one of the tax law, if a

county, pursuant to subdivision (c), (e), (f) or (g) of section twelve

hundred two of such law, enacts a local law, ordinance or resolution

providing for the collection of such tax by the commissioner and enters

into the required agreement relating thereto.

e. A. In addition to any other fee for registration required to be

paid pursuant to this article, the commissioner may require the payment

of an annual service charge of six dollars and twenty-five cents upon

the issuance of a radio operator number plate which he, in his

discretion, is hereby authorized to do as provided by this paragraph.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in this

paragraph in effect on and after September first, two thousand nine and

the registration fees set forth in this paragraph in effect prior to

such date shall be deposited to the credit of the dedicated highway and

bridge trust fund.

B. A number plate issued pursuant to this paragraph shall be issued in

the same manner as other number plates are issued pursuant to this

article to persons making application therefor. Such plate shall contain

not more than eight letters, numerals or any combination thereof which

are the permanent radio call letters assigned to an amateur radio

operator by the federal communications commission. The provisions of

this paragraph shall not apply to any number plate reserved or issued

pursuant to any other provision of this article.

g. In addition to the other fees provided for in this section, the

commissioner shall, upon the application for the registration of a motor

vehicle or the renewal thereof, collect any tax imposed pursuant to the

authority of chapter one thousand thirty-two of the laws of nineteen

hundred sixty, if the city imposing such tax enacts a local law

providing for the collection of such tax by the commissioner and enters

into the required agreement relating thereto.

7. Registration fees for auto trucks, tractors, buses, taxicabs,

livery and certain other motor vehicles. The registration fees to be

paid upon the registration or reregistration, in accordance with the

provisions of this article, of buses, of motor vehicles constructed or

specially equipped for the transportation of goods, wares and

merchandise, commonly known as auto trucks or light delivery cars, of

taxicabs, livery and of certain other motor vehicles specified herein

are hereby established as follows:

A. Schedule for buses.

For each such vehicle having a seating capacity for passengers of five

passengers or less, and meeting the requirements of subdivisions twenty

and twenty-one, notwithstanding the capacity limitation of subdivision

twenty-one, of section three hundred seventy-five of this chapter, the

annual fee of twenty-one dollars and fifty-six cents.

For each such vehicle having a seating capacity for passengers of not

less than six passengers, nor more than seven passengers, and meeting

the requirements of subdivisions twenty and twenty-one, notwithstanding

the capacity limitation of subdivision twenty-one, of section three

hundred seventy-five of this chapter, the annual fee of thirty-five

dollars and twenty-three cents.

For each such vehicle having a seating capacity for passengers of not

less than eight passengers, nor more than ten passengers, and meeting

the requirements of subdivisions twenty and twenty-one, notwithstanding

the capacity limitation of subdivision twenty-one, of section three

hundred seventy-five of this chapter, the annual fee of forty-three

dollars and eighty-five cents.

For each such vehicle having a seating capacity for passengers of not

less than eleven passengers, nor more than fourteen passengers, and

meeting the requirements of subdivisions twenty and twenty-one,

notwithstanding the capacity limitation of subdivision twenty-one, of

section three hundred seventy-five of this chapter, the annual fee of

sixty-one dollars and eighty-one cents.

For each such vehicle having a seating capacity for passengers of not

less than fifteen passengers, nor more than twenty passengers, the

annual fee of seventy-four dollars and seventy-five cents.

For each such vehicle having a seating capacity for passengers of not

less than twenty-one passengers, nor more than twenty-two passengers,

the annual fee of seventy-nine dollars and six cents.

For each such vehicle having a seating capacity for passengers of not

less than twenty-three passengers, nor more than twenty-six passengers,

the annual fee of eighty-eight dollars and forty-one cents.

For each such vehicle having a seating capacity for passengers of not

less than twenty-seven passengers, nor more than thirty passengers, the

annual fee of ninety-seven dollars and four cents.

For each such vehicle having a seating capacity for passengers in

excess of thirty passengers, the fee of ninety-seven dollars and four

cents, and the additional fee of two dollars and eighty-eight cents for

each passenger (measured by seating capacity) in excess of thirty

passengers.

For the purposes of this schedule, the term "seating capacity for

passengers" shall exclude the driver.

The words "seating capacity for passengers", as used in this section,

shall mean seating capacity for adults. The commissioner shall have

authority to determine, for registration purposes, the manner of

computing the seating capacity of any vehicle.

Provided, however, that in the case of a bus operated entirely by

electricity not generated by an engine contained therein the fees to be

paid upon registration or reregistration thereof shall be fifty per

centum in excess of the foregoing rates.

The foregoing schedules shall not apply to omnibuses operated pursuant

to a franchise or franchises over streets designated in said franchise

or franchises wholly within a city or cities, provided the holder of the

franchise or franchises pays for the same a percentage of its gross

earnings or gross receipts and for any such omnibus, without regard to

the seating capacity; nor shall the foregoing schedules apply to

omnibuses operated pursuant to a certificate of public convenience and

necessity granted under the transportation law and based upon the

consent of the local authorities of any city, town or village, other

than in the counties of Nassau, Suffolk and Westchester, as required by

the transportation corporations law or, in the county of Nassau, based

upon the consent of the board of supervisors of such county or of any

city or village therein, or of both such county and any city or village

therein or, in the counties of Suffolk and Westchester, based upon the

consent of the county board of legislators of such counties, as required

by chapter eight hundred seventy-nine of the laws of nineteen hundred

thirty-six, provided the holder of such local consent pays for the same

an annual fee to any such county, city, town or village, and for any

such omnibus, without regard to the seating capacity, the annual fee

shall be twelve dollars and fifty cents. The foregoing schedules shall

not apply to trackless trolleys, but if such omnibus shall not be

operated in local transit service pursuant to a certificate of

convenience and necessity issued by the commissioner of transportation

the foregoing schedule of fees shall apply.

B. Schedule for tractors, auto trucks and light delivery cars.

1. For each auto truck or light delivery car, the annual fee of three

dollars and sixty cents for each five hundred pounds maximum gross

weight or fraction thereof, except that the annual fee for such motor

vehicle operated entirely by electricity not generated by an engine

contained therein shall be five dollars and thirty-nine cents for each

five hundred pounds maximum gross weight or fraction thereof, but in

computing the weight of such an electric vehicle the weight of electric

batteries shall be excluded and except also that the annual fee for each

auto truck having a maximum gross weight in excess of eighteen thousand

pounds used exclusively in the transportation of household goods (as

defined by the commissioner of transportation of this state or the

interstate commerce commission) by a carrier under authority of the

commissioner of transportation of this state or of the interstate

commerce commission shall be nine dollars and seventy cents for each

five hundred pounds maximum gross weight or fraction thereof. Provided

however, that no motor vehicle registered pursuant to this paragraph may

be charged a registration fee in excess of that charged for a motor

vehicle registered with a maximum gross weight of eighty thousand

pounds.

2. For each tractor of any weight the annual fee of one dollar and

fifty-one cents for each one hundred pounds, or major fraction thereof,

of maximum gross weight, except that the annual fee for each tractor of

any weight used exclusively in the transportation of household goods (as

defined by the commissioner of transportation of this state or the

interstate commerce commission) by a carrier under authority of the

commissioner of transportation of this state or of the interstate

commerce commission shall be two dollars and sixteen cents for each one

hundred pounds, or major fraction thereof, of maximum gross weight.

Provided however, that no motor vehicle registered pursuant to this

paragraph may be charged a registration fee in excess of that charged

for a motor vehicle registered with a maximum gross weight of eighty

thousand pounds.

3. For the purpose of this schedule, maximum gross weight of an auto

truck or light delivery car shall mean the weight of the motor vehicle

plus the weight of the maximum load to be carried by such motor vehicle

during the registration period. For the purposes of this schedule,

maximum gross weight of a tractor shall be the weight of the tractor,

plus the unladen weight of any semitrailer drawn thereby, plus the

weight of the maximum load to be carried on the tractor and on any

semitrailer drawn by such tractor during the registration period, but

shall not include the weight or load of a semitrailer, used with a

device for converting it to a trailer, when being drawn by a tractor

semitrailer combination on the New York state thruway as part of a

double tandem combination. The weight of the motor vehicle and such

maximum load as stated on the application for registration shall be

subject to audit and approval by the commissioner of motor vehicles.

C. Schedule for taxicabs and livery. 1. For each taxicab or livery

having a seating capacity for passengers, excluding the driver, of five

persons or less, the annual fee of thirty-one dollars and sixty-three

cents. For each such vehicle having a seating capacity for passengers,

excluding the driver, of not less than six persons, nor more than seven

persons, the annual fee of fifty-one dollars and seventy-five cents. For

each such vehicle having a seating capacity for passengers, excluding

the driver, of at least eight persons, but not more than ten persons,

the annual fee of sixty-four dollars and sixty-nine cents. For each such

vehicle having a seating capacity for passengers, excluding the driver,

of at least eleven persons, but not more than fourteen persons, the

annual fee of ninety-two dollars. Any registration issued pursuant to

this schedule shall be revoked upon receipt by the commissioner of a

notice of revocation of any license or permit necessary for the issuance

of such registration from the local authority which issued such license

or permit, or upon receipt of evidence by the commissioner that the

registrant has been convicted of a violation of any local law requiring

the issuance of a license or permit in order to engage in for-hire

operation. Provided, however, that upon surrender to the commissioner of

any such revoked registration and number plates and upon payment of the

proper registration fee, a registration may be issued for the vehicle

for which such registration has been revoked pursuant to the provisions

of subdivision six of this section.

2. For purposes of this schedule, the term "livery" shall also include

a motor vehicle with a driver having a seating capacity of at least nine

but not more than fourteen passengers used to carry passengers for hire

in a commuter van service under an authorization issued by a

municipality.

D. Schedule for hearses, and certain ambulances. 1. For each hearse,

the annual fee of one dollar and twenty-four cents for each one hundred

pounds, or major fraction thereof, of unladen weight.

2. For each ambulance used in the business of carrying or transporting

sick or injured persons for hire or profit, the annual fee of one dollar

and twenty-four cents for each one hundred pounds or major fraction

thereof, of unladen weight.

E. Schedule for agricultural trucks and agricultural trailers. 1. For

each agricultural truck and agricultural trailer, the annual fee of two

dollars and fifty-one cents for each five hundred pounds maximum gross

weight, or fraction thereof.

2. For the purposes of this schedule an "agricultural truck" shall be

a truck and an agricultural trailer shall be a trailer, other than a

coach or house trailer or semitrailer, owned by a person engaged in

production by means of (a) the planting, cultivation and harvesting of

agricultural, vegetable and food products of the soil, including

horticultural specialties such as nursery stock, ornamental shrubs,

ornamental trees and flowers, (b) the raising, feeding and care of live

stock, bees and poultry or (c) dairy farming. Such agricultural truck

and agricultural trailer shall be used only for the transportation of

his own agricultural or dairy commodities or supplies or for personal

passenger use, or use in conjunction with lumbering operations connected

with but only incidental to the operation of a farm.

3. A motor vehicle registered as an "agricultural truck" under this

schedule and a trailer registered as an "agricultural trailer" under

this schedule shall be operated on the public highways only for the

purposes set forth in paragraph two hereof.

4. An agricultural truck and an agricultural trailer may be registered

or reregistered for periods of less than one calendar year upon

application forms furnished by the commissioner for such purpose, and

the annual fees as provided in this schedule shall be reduced

proportionately on a monthly computation basis.

F. Schedule for certain motor vehicles. (a) For each road roller,

tractor crane, truck crane, power shovel, road building machine, snow

plow, road sweeper, sand spreader, well driller, well servicing rig,

feed processing machine, mobile car crusher (whether self-propelled or a

combination used exclusively as one unit), earth mover, which shall mean

a motor-driven vehicle in excess of eight feet in width equipped with

pneumatic tires designed and constructed for moving or transporting

earth and rock in connection with excavation and grading work, and truck

with small wheels used in a factory, warehouse or railroad station, for

each spreader or sprayer (generally meaning an agricultural vehicle used

to spread or spray agricultural chemicals, agricultural lime and/or

agricultural fertilizers) and fire vehicles, an annual fee of fourteen

dollars and thirty-eight cents; provided, however, that the provisions

of paragraph b of subdivision six of this section relating to the

exemption of certain motor vehicles from the payment of registration

fees thereon shall apply to the motor vehicles specified in this

schedule. A tractor-trailer combination designed and used as a unit

exclusively for the same purpose as a vehicle specifically included in

this schedule shall be considered as a single vehicle and registered as

a motor vehicle under this schedule rather than as a tractor and trailer

separately.

(b) As used in this schedule, the term "snow plow" shall not include

farm type tractors used exclusively for agricultural purposes, or for

snow plowing other than for hire, as defined in section one hundred

twenty-five of this chapter, when used for plowing or removing snow,

provided such plowing or snow removal is not done for hire.

No person shall operate or move, or cause or knowingly permit to be

operated or moved on any public highway in this state any auto truck,

agricultural truck or light delivery car, registered in this state,

having a combined weight of vehicle and load in excess of the maximum

gross weight for such vehicle as stated on the application for

registration. Such maximum gross weight cannot be more than the weight

permitted under section three hundred eighty-five of this chapter or the

weight permitted by the rules or regulations of the department of

transportation of any city not wholly included within one county or

under permits that may be issued pursuant to such section, rules or

regulations whichever is the least restrictive.

G. Schedule for historical motor vehicles. For each motor vehicle

which is owned and operated as an exhibition piece or collectors item,

and is used for participation in club activities, exhibit, tours,

parades, occasional transportation and similar uses, but not used for

general daily transportation, an annual fee of twenty-eight dollars and

seventy-five cents. For purposes of this paragraph, a historical motor

vehicle shall mean any vehicle manufactured more than twenty-five 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, classic or exhibition value.

Registration plates for such vehicles shall be of a type and design

approved by the commissioner, but shall be of a distinctive nature.

Except that, with the approval of the commissioner, an owner of any such

vehicle may utilize registration plates issued in the year corresponding

to the model year date in which the vehicle was manufactured, if the

registration plate is legible, durable, and serviceable, of this state,

and accurate in color, as determined by the department. Nothing in this

paragraph shall be construed to prohibit the use of previously issued

registration plates that have been restored, without deviation from

their original alphanumeric or pictorial content, to such condition as

otherwise satisfies all applicable requirements. Such plates shall be

used only for the operation of the motor vehicle listed on the

registration application and on other motor vehicles which would qualify

for registration under this schedule owned by persons other than the

registrant for the purpose of test driving by the registrant or his or

her agent in anticipation of possible purchase. No such registration

will be issued unless evidence of financial security, in a form

prescribed by the commissioner, is submitted which provides coverage for

the motor vehicle listed on the registration application and for

non-owned motor vehicles being operated with such plates.

H. Schedule for tow trucks. For each tow truck registered pursuant to

section four hundred one-b of this article, the annual fee of two

dollars and eighty-eight cents for each five hundred pounds maximum

gross weight or fraction thereof. For the purposes of this schedule, the

maximum gross weight of a tow truck shall include the weight of any

vehicle transported wholly upon the tow truck, but shall not include the

weight of any vehicle transported partly upon the tow truck and partly

on its own wheels or a dolly.

I. Schedule for leased and rental vehicles. 1. The annual fee for each

leased vehicle and for each rental vehicle, other than a motorcycle or a

rental vehicle of the passenger vehicle or suburban type, shall be the

annual fee which would be required to be paid for such vehicle if it

were not a leased or rental vehicle.

2. For each rental vehicle of the passenger or suburban type having a

seating capacity for passengers, including the driver, of five persons

or less, the annual fee of fifty-three dollars and nineteen cents. For

each such vehicle having a seating capacity for passengers, including

the driver, of not less than six persons, nor more than seven persons,

the annual fee of seventy-four dollars and seventy-five cents. For each

such vehicle having a seating capacity for passengers, including the

driver, of at least eight persons, but not more than ten persons, the

annual fee of eighty-six dollars and twenty-five cents. For each such

vehicle having a seating capacity for passengers, including the driver,

of at least eleven persons, but not more than fifteen persons, the

annual fee of one hundred thirteen dollars and fifty-six cents.

J. Schedule for vanpool vehicles. The annual fee for each vanpool

vehicle shall be the annual fee which would be required to be paid for

such vehicle if it were not used for the purpose of vanpooling.

Registration plates for such vehicles shall be of a type and design

approved by the commissioner, and shall include the word VANPOOL on the

face of the registration plate. Such plate shall be issued at the

request of the registrant upon proof, satisfactory to the commissioner,

that the vehicle is to be used for the purpose of vanpooling.

K. Schedule for heavy duty vehicles: Notwithstanding any inconsistent

provision of this section, the registration fee for any vehicle

described in this paragraph shall be increased by up to three and

twenty-five one hundredths percent of such registration fee in effect on

September first, two thousand nine, to fund the direct and indirect

costs of the development and implementation of a heavy duty emissions

inspection program pursuant to section 19-0320 of the environmental

conservation law, including planning, development of regulations and

guidance, state implementation plan development, personnel costs

attributable to the program, and enforcement costs. Such fee is

authorized to be collected, commencing June first, nineteen hundred

ninety-nine, at the time of registration of any vehicle required to be

registered in New York having a gross vehicle weight of greater than

eight thousand five hundred pounds and powered by diesel fuels except

for those vehicles defined in section one hundred one of this chapter,

subparagraph two of paragraph E and subparagraph (a) of paragraph F of

this subdivision, and vehicles specified in subdivision thirteen of this

section, and farm type tractors and all terrain type vehicles used

exclusively for agricultural or mowing purposes, or for snow plowing,

other than for hire, farm equipment, including self-propelled machines

used exclusively in growing, harvesting or handling farm produce, and

self-propelled caterpillar or crawler-type equipment while being

operated on the contract site, and timber harvesting equipment such as

harvesters, wood chippers, forwarders, log skidders, and other

processing equipment used exclusively off highway for timber harvesting

and logging purposes. Notwithstanding any provision of law to the

contrary, any fee amount collected pursuant to this paragraph shall be

deposited in the clean air fund, to the credit of the mobile source

account, in accordance with the provisions of section ninety-seven-oo of

the state finance law. Notwithstanding any inconsistent provision of

this section, the difference collected between the increase of the

percentage of the registration fees set forth in this schedule in effect

on and after September first, two thousand nine and the percentage of

the registration fees set forth in this schedule in effect prior to such

date shall be deposited to the credit of the dedicated highway and

bridge trust fund.

L. Notwithstanding the provisions of paragraph K of this subdivision,

no fee shall be charged upon the registration of any vehicle exempt from

the payment of registration fees under paragraph b of subdivision six of

this section.

8. Registration fees for trailers. a. The provisions of this chapter

in relation to registration books and registration, certificates of

registration, number plates, duplicates of certificates and number

plates, times of registration and reregistration and the duration

thereof, for motor vehicles, shall apply also to trailers. The following

fees shall be paid upon the registration or reregistration of a trailer,

other than a coach or house trailer or a semitrailer, in accordance with

the provisions of this article: The annual fee of five dollars and

thirty-nine cents for each five hundred pounds or fraction thereof of

maximum gross weight but in no case shall the annual fee be less than

fourteen dollars and thirty-eight cents. The following fees shall be

paid upon the registration or reregistration of a coach or house trailer

in accordance with the provisions of this article: The annual fee of one

dollar and seventy-three cents for each one hundred pounds or major

fraction thereof of unladen weight but in no case shall the annual fee

be less than twenty-one dollars and fifty-seven cents. The following

fees shall be paid upon the registration or reregistration of a

semitrailer in accordance with provisions of this article: The annual

fee of twenty-eight dollars and seventy-five cents. However, upon the

request of the applicant upon the registration or renewal of a

registration of a nineteen hundred eighty-nine or later model year

semitrailer, such semitrailer may be registered for a period of not less

than five and one-half nor more than six and one-half years for a fee of

eighty-six dollars and twenty-five cents. A semitrailer, used with any

device for converting it to a trailer, other than one being drawn by a

tractor semitrailer combination as part of a double tandem combination,

shall be registered as a trailer.

For the purposes of this paragraph, the unladen weight of a coach or

house trailer shall include the weight of any equipment permanently

attached to or installed in such trailer. Notwithstanding the foregoing

provisions and pursuant to regulations and limitations to be established

by the commissioner and upon payment of a fee of two dollars and thirty

cents therefor a temporary permit to move a coach or house trailer on

the public highways from one site to another shall be issued to the

owner thereof upon application therefor. Such application shall be made

in the manner prescribed by the commissioner.

b. For the purposes of this subdivision, as applied to a trailer other

than a coach or house trailer or a semitrailer, maximum gross weight

shall mean the weight of the trailer plus the weight of the maximum load

to be carried by such trailer during the registration period. The weight

of the trailer and such maximum load as stated on the application for

registration shall be subject to audit and approval by the commissioner

of motor vehicles.

c. No person shall operate or move, or cause or knowingly permit to be

operated or moved on any public highway of this state any combination of

a tractor registered in this state and a semitrailer having a combined

weight of vehicles and load in excess of the maximum gross weight of the

tractor as stated on the application for registration of such vehicle.

Such maximum gross weight cannot be more than the weight permitted under

section three hundred eighty-five of this chapter or the weight

permitted by the rules or regulations of the department of

transportation of any city not wholly included within one county or

under permits that may be issued pursuant to such section, rules or

regulations whichever is the least restrictive.

d. No person shall operate or move, or cause or knowingly permit to be

operated or moved on any public highway of this state any trailer, other

than a coach or house trailer or a semitrailer, registered in this

state, having a combined weight of vehicle and load in excess of the

maximum gross weight of such trailer as stated on the application for

registration of such vehicle.

9. Correction of registration. a. Where a motor vehicle registered

under this article requires registration in another class because of a

change in its form or use, an application for the correct registration

may be granted upon the surrendering of the certificate of registration

and number plates and the payment of a fee of one dollar, together with

the excess, if any, of the fee for the correct registration over the fee

for the registration in the class in which the vehicle is registered,

both fees to be computed as of the date of granting the correct

registration; provided, however, that if the vehicle has already been

registered in more than one class during the year, the class requiring

the highest fee shall be taken as the basis in determining the

additional fee, if any, to be paid instead of the class in which the

vehicle is registered at the time of the application.

b. Where a vehicle registered under the provisions of subdivisions

seven or eight of this section on the basis of maximum gross weight

requires a corrected registration because of a load in excess of the

maximum load as certified in the application for registration, or the

registrant desires to register the vehicle at a lower gross maximum

weight, an application shall be made for correct registration. Upon the

surrendering of the certificate of registration and the payment of a fee

of two dollars together with the balance of the annual fee for the

correct registration over the fee as previously registered, such

corrected registration may be issued. No return of any part of the fee

paid for the previous registration shall be made in case of a reduction

of maximum gross weight certified in the application for a corrected

registration.

9-a. Whenever a registration fee prescribed in subdivision six, seven

or eight of this section shall amount to a fee other than a whole dollar

amount, the fee required to be paid shall be rounded to the nearest

twenty-five cents.

10. Fees in lieu of taxes. The registration fees imposed by this

article upon motor vehicles, other than those of manufacturers and

dealers, shall be in lieu of all taxes, general or local, to which motor

vehicles may be subject.

11. A motor vehicle, which does not fall within the definition of the

term bus, used to transport pupils, or pupils and teachers, to and from

school and not otherwise used to transport passengers for hire shall not

be registered as a taxicab or livery because of such use.

12. Registration fee for "forty and eight trains." Notwithstanding any

of the provisions of this chapter, the annual registration fee for a

motor vehicle, commonly described as a boxcar and/or locomotive, duck

and tank and used only by La Societe des 40 Hommes et 8 Chevaux for

civic demonstrations, convention purposes or social welfare work, shall

be five dollars.

12-a. Permanent fleet registration. The commissioner may provide for a

system of extended registration for vehicles a registrant wishes to

register as a fleet. The fee required for the registration of each

vehicle registered in such system shall be the same fee which would be

required if the vehicle was otherwise registered under this section plus

an additional two dollar administrative fee. The commissioner may

establish the minimum number of vehicles required to be registered as a

fleet, the types of vehicles which may be registered in a fleet, the

term of validity of any such registration, qualifications for fleet

registrants and, notwithstanding any other provisions of this article to

the contrary, procedures for registration in a fleet, times and methods

of payment of required fees and the display and/or surrender of number

plates and tags or other evidence of fleet registration. The

commissioner may prescribe rules and regulations to carry out the

provisions of this subdivision.

13. Registration of motor vehicles, trailers and semitrailers operated

upon public highways connecting portions of a farm or farms, municipal

sanitary landfills, licensed motor vehicle repair shops and the point of

sale of the vehicle. Motor vehicles, other than motor vehicles

manufactured and equipped primarily for the transportation of

passengers, trailers and semitrailers, to be operated by any person,

upon a public highway for the purpose of traveling by the most direct

route, but in no event further than twenty-five miles one-way from a

point on the farm as designated by the vehicle owner and which

designated point is set forth in an attachment to the vehicle

registration, (a) between fields, buildings, and facilities managed or

operated as part of a single farm enterprise in connection with the

production, harvesting, processing or marketing on that farm of crops,

livestock, or livestock products produced on that farm; or (b) for the

purpose of transporting materials from a farm to the nearest available

municipal sanitary landfill; or (c) for the purpose of transporting the

motor vehicle, trailer or semitrailer to a motor vehicle repair shop

licensed pursuant to this chapter for the repair or adjustment of

equipment provided that, in addition to the route restrictions set forth

in this subdivision, no such transport shall be authorized (i) if such

vehicle has an out-of-service defect relating to load securement, brake

systems, steering components and/or coupling devices, or after it has

been placed out-of-service; (ii) on any limited access highway; and

(iii) during the period of one hour before sunset to one hour after

sunrise; or (d) for the purpose of transporting the motor vehicle,

trailer or semitrailer, at the time of first receipt, from its point of

sale to a farm, may be registered as provided in this subdivision. Every

owner of such vehicles may cause to be filed by mail or otherwise, with

the commissioner or with any agent of the commissioner, an application

for registration of such vehicle, addressed to the commissioner, and on

a blank to be furnished by the commissioner for that purpose, containing

the information required by subdivision one of this section and such

other information as the commissioner shall require. The commissioner or

agent shall make such investigation, as he or she shall determine

necessary, and if satisfied that the vehicle is to be operated

exclusively as provided in this subdivision shall, upon the payment of a

fee of one dollar, assign to such vehicle a distinctive number and issue

and deliver to the applicant a set of number plates and a certificate of

registration in such form as the commissioner shall prescribe,

indicating the extent to which the vehicle registered may be operated on

the public highways and such vehicle may be operated only as so

indicated. For the purposes of this subdivision, the terms "farm" and

"crops, livestock or livestock products," shall have the same meaning as

"land used in agricultural production" and "crops, livestock and

livestock products," respectively, as defined in section three hundred

one of the agriculture and markets law, except that farmers with an

average gross sales value of at least one thousand dollars per year of

crops, livestock, and livestock products shall be eligible to register

vehicles pursuant to this subdivision.

15. The commissioner is authorized to make necessary rules and

regulations as may be appropriate for the proper enforcement of the

provisions of this section with respect to the registration of auto

trucks, agriculture trucks, light delivery cars, tractors and trailers.

16. a. Notwithstanding any other provision of this chapter or other

law, or rule or regulation, a specialized vehicle shall be classified as

a passenger vehicle and shall be registered accordingly. Such vehicle

may use any highway which is restricted to passenger use only.

b. For the purpose of this subdivision, "a specialized vehicle" shall

mean any vehicle having a gross weight not exceeding sixty-nine hundred

ninety-nine 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.

17. The provisions of this chapter with respect to the issuance and

display of number plates shall not apply to trucks that are used on the

highways only in crossing from one point in the owners property to

another point in the property of such owner where the route traveled by

such trucks does not adjoin the lands of another owner; provided,

however, that such vehicles shall comply in all respects with the

provisions of article six of this chapter.

17-a. The commissioner shall permit the use of distinctive license

plates reserved for use by emergency medical technicians on a van or

pickup truck owned and operated by such person where such vehicle is not

used for commercial purposes.

18. A violation of subdivision one of this section shall be punishable

by a fine of not less than seventy-five nor more than three hundred

dollars, or by imprisonment for not more than fifteen days, or by both

such fine and imprisonment except, if the violation consists of failure

to renew a registration which was valid within sixty days, the fine

shall be not less than forty dollars. A violation of subdivision seven

or eight of this section shall be punishable by a fine of not less than

one hundred fifty nor more than three hundred seventy-five dollars, or

by imprisonment for not more than thirty days, or by both such fine and

imprisonment, for the first offense, except where the violation was

committed with a vehicle having a maximum gross weight of less than

eighteen thousand pounds the violation should be punished by a fine of

not less than forty nor more than three hundred seventy-five dollars; by

a fine of not less than three hundred seventy-five dollars nor more than

seven hundred fifty dollars, or by imprisonment for not more than sixty

days, or by both such fine and imprisonment, for the second or

subsequent offense; provided that a sentence or execution thereof for

any violation under this subdivision may not be suspended. For any

violation of said subdivision seven or eight of this section, the

registration of the vehicle may be suspended for a period of not less

than ten days nor more than six months whether at the time of the

violation the vehicle was in charge of the owner or his agent. The

provisions of section five hundred ten of this chapter shall apply to

such suspension except as otherwise provided herein.

19. No owner of a motor vehicle shall cause to be presented, by mail

or otherwise, to the office or a branch office of the commissioner, or

to any agent of the commissioner, an application for registration of a

vehicle which violates any weight limitations contained in the

provisions of section three hundred eighty-five of this chapter or the

weight permitted by the rules or regulations of any city not wholly

included within one county or under permits that may be issued pursuant

to such section, rules or regulations whichever is the least

restrictive.

19-a. If a vehicle or combination of vehicles is operated in violation

of this section, an appearance ticket or summons may be issued to the

registrant of the vehicle, or if a combination of vehicles, to the

registrant of the hauling vehicle rather than the operator. In the event

the vehicle is operated by a person other than the registrant, any

appearance ticket or summons issued to the registrant shall be served

upon the operator, who shall be deemed the agent of the registrant for

the purpose of receiving such appearance ticket or summons. Such

operator-agent shall transmit such ticket or summons to the registrant

of the vehicle or the hauling vehicle. If the registrant does not appear

on the return date, a notice establishing a new return date and either

containing all pertinent information relating to the charge which is

contained on the summons or appearance ticket or accompanied by a copy

of the information or complaint shall also be mailed by certified or

registered mail by or on behalf of the court or administrative tribunal

before whom the appearance ticket or summons is returnable to the

registrant at the address given on the registration certificate for the

vehicle, or if no registration certificate is produced at the time the

appearance ticket or summons is issued, to the address of the registrant

on file with the department or given to the person issuing the

appearance ticket or summons. Whenever proceedings in a court or

administrative tribunal of this state result in a conviction for a

violation of this section, and the court or administrative tribunal has

made the mailing specified herein, the court or administrative tribunal

shall levy a mandatory surcharge, in addition to any sentence or other

surcharge required or permitted by law, in the amount of thirty dollars.

This mandatory surcharge shall be paid to the clerk of the court or

administrative tribunal that rendered the conviction. Within the first

ten days of the month following collection of the mandatory surcharge by

a town or village court, the court shall pay such money to the state

comptroller who shall, pursuant to subdivision two of section

ninety-nine-a of the state finance law, credit such money to the account

of the town or village which sent the mandatory surcharge. If such

collecting authority is any other court of the unified system or

administrative tribunal it shall, within such period, pay such money to

the state comptroller who shall deposit such money into the state

treasury. The provisions of this subdivision shall not apply to

owner-operators of any motor vehicle or to any motor vehicle or trailer

which is registered in the name of a person whose principal business is

the lease or rental of motor vehicles or trailers unless the motor

vehicle or trailer is being operated by an employee of the registrant or

for a community of interest other than the lease or rental agreement

between the parties to the lease or rental agreement.

21. The commissioner shall deposit daily the percentages listed below

of all fees collected or received by the commissioner after March

thirty-first, nineteen hundred ninety-three pursuant to certain

registration fees imposed by (a) paragraph a of subdivision six, (b) all

schedules of subdivision seven and (c) paragraph a of subdivision eight

of this section in a responsible bank, banking house or trust company,

which shall pay the highest rate of interest to the state for such

deposit to the credit of the comptroller on account of the dedicated

highway and bridge trust fund established pursuant to section

eighty-nine-b of the state finance law. The commissioner shall so

deposit thirteen percent of all such registration fees so collected or

so received after March thirty-first, nineteen hundred ninety-three,

seventeen percent of all such registration fees so collected or so

received after December thirty-first, nineteen hundred ninety-four,

twenty percent of all such registration fees so collected or so received

after December thirty-first, nineteen hundred ninety-five, twenty-eight

percent of all such registration fees so collected or so received after

March thirty-first, nineteen hundred ninety-eight, thirty-four percent

of all such registration fees so collected or so received after June

thirtieth, nineteen hundred ninety-eight, and forty-five and five-tenths

percent of all such registration fees so collected or so received after

January thirty-first, nineteen hundred ninety-nine. Every bank, banking

house or trust company that accepts such deposits shall execute and file

in the office of the department of audit and control an undertaking to

the state, in the sum, and with such sureties, as are required and

approved by the comptroller for the safe keeping and prompt payment on

legal demand therefor of all such moneys held by or on deposit in such

bank, banking house, or trust company, with interest thereon on daily

balances at such rate as the comptroller may fix. Every such undertaking

shall have endorsed thereon or annexed thereto the approval of the

attorney general as to its form.

The commissioner shall deposit daily the percentages listed below of

all fees collected or received by the commissioner after March

thirty-first, two thousand one pursuant to certain registration fees

imposed by (a) paragraph a of subdivision six, (b) all schedules of

subdivision seven, and (c) paragraph a of subdivision eight of this

section in a responsible bank, banking house or trust company, which

shall pay the highest rate of interest to the state for such deposit to

the credit of the comptroller on account of the dedicated highway and

bridge trust fund established pursuant to section eighty-nine-b of the

state finance law and the dedicated mass transportation trust fund

established pursuant to section eighty-nine-c of the state finance law

and to distribute such deposit pursuant to the provisions of subdivision

(d) of section three hundred one-j of the tax law. In addition to the

percentages specified in the opening paragraph of this section, the

commissioner shall so deposit twenty-three and five-tenths percent of

all such registration fees so collected or so received after March

thirty-first, two thousand one and fifty-four and five-tenths percent of

all such registration fees so collected or so received after March

thirty-first, two thousand two. Every bank, banking house or trust

company that accepts such deposits shall execute and file in the office

of the department of audit and control an undertaking to the state, in

the sum, and with such sureties, as are required and approved by the

comptroller for the safe keeping and prompt payment on legal demand

therefor of all such moneys held by or in deposit in such bank, banking

house or trust company, with interest thereon on daily balances at such

rate as the comptroller may fix. Every such undertaking shall have

endorsed thereon or annexed thereto the approval of the attorney general

as to its form.

Of the revenues so deposited, the comptroller shall retain in his

hands such amount as the commissioner may determine to be necessary for

refunds or reimbursements of the fees collected or received pursuant to

(a) paragraph a of subdivision six, (b) all schedules of subdivision

seven and (c) paragraph a of subdivision eight of this section to which

registrants shall be entitled under the provisions of this article, out

of which amount the commissioner shall pay any refunds or reimbursements

of the fees collected or received pursuant to (a) paragraph a of

subdivision six, (b) all schedules of subdivision seven and (c)

paragraph a of subdivision eight of this section to which registrants

shall be entitled under such provisions. The comptroller, after

reserving the amount to pay such refunds or reimbursements, shall, on or

before the last day of each month, deposit the balance of the revenue so

deposited during such month into the dedicated highway and bridge trust

fund established pursuant to section eighty-nine-b of the state finance

law and the dedicated mass transportation trust fund established

pursuant to section eighty-nine-c of the state finance law.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in

paragraph a of subdivision six of this section in effect on and after

September first, two thousand nine and the registration fees set forth

in such paragraph in effect prior to such date shall be deposited to the

credit of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

A of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

B of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

C of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

E of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

F of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

G of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in schedule

I of subdivision seven of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

schedule in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

difference collected between the registration fees set forth in

subdivision eight of this section in effect on and after September

first, two thousand nine and the registration fees set forth in such

subdivision in effect prior to such date shall be deposited to the

credit of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

registration fees collected pursuant to subdivisions two, six and eight

of section four hundred twenty of this title shall be deposited pursuant

to the provisions of this subdivision; provided, however, the difference

collected between the registration fees set forth in such subdivisions

two, six and eight in effect on and after September first, two thousand

nine and the registration fees set forth in such subdivisions in effect

prior to such date shall be deposited to the credit of the dedicated

highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, the

registration fees collected pursuant to paragraph (b) of subdivision

three of section twenty-two hundred sixty-one of this chapter shall be

deposited pursuant to the provisions of this subdivision; provided,

however, the difference collected between the registration fees set

forth in paragraph (b) of subdivision three of section twenty-two

hundred sixty-one of this chapter in effect on and after September

first, two thousand nine and the registration fees set forth in such

paragraph in effect prior to such date shall be deposited to the credit

of the dedicated highway and bridge trust fund.

Notwithstanding any inconsistent provision of this section, eleven

dollars and fifty cents of the registration fees collected pursuant to

paragraph (a) of subdivision five of section four hundred ten of this

title shall be deposited pursuant to this subdivision. Three dollars and

fifty cents of such fees collected in relation to applications for new

registrations and renewals of existing registrations expiring on and

after September first, two thousand nine shall be deposited to the

credit of the dedicated highway and bridge trust fund. Two dollars and

fifty cents of such registration fees shall be deposited into the

motorcycle safety fund established pursuant to section ninety-two-g of

the state finance law.

22. The commissioner shall not register any altered motor vehicle that

fails to comply, as demonstrated to the satisfaction of the

commissioner, with the certification requirements established by Part

567 of title 49 of the code of federal regulations for altered vehicles.

23. The commissioner shall revoke the registration of any altered

motor vehicle which fails to comply with the certification requirements

of Part 567 of title 49 of the code of federal regulations, as

determined by the commissioner, and refund to or credit the account of

any person who paid a registration fee for an altered motor vehicle, the

pro rata unused portion of such registration fee.