N.Y. Vehicle & Traffic Law § 402: Distinctive number; form of number plates; trailers

§ 402. Distinctive number; form of number plates; trailers. 1. (a) No

person shall operate, drive or park a motor vehicle on the public

highways of this state unless such vehicle shall have a distinctive

number assigned to it by the commissioner and a set of number plates

issued by the commissioner with a number and other identification matter

if any, corresponding to that of the certificate of registration

conspicuously displayed, one on the front and one on the rear of such

vehicle, each securely fastened so as to prevent the same from swinging

and placed, whenever reasonably possible, not higher than forty-eight

inches and not lower than twelve inches from the ground; provided,

however, that in any registration year for which only one number plate

is issued, such number plate shall constitute a set of number plates for

the time in which such use is authorized, shall be displayed on the rear

of the vehicle and none shall be displayed on its front, except in case

of a tractor, when such number plate shall be displayed on the front of

the vehicle and none shall be displayed on its rear.

(b) (i) Number plates shall be kept clean and in a condition so as to

be easily readable.

(ii) Number plates shall not be knowingly covered or coated with any

material or substance that conceals or obscures such number plates or

that distorts a recorded or photographic image of such number plates.

(ii-a) Number plates shall not be covered by glass or any plastic

material, nor shall they be covered with a material appearing to be a

number plate for display as proof of lawful registration but which has

not been lawfully issued by the commissioner, the commissioner's agent,

or the equivalent official or agents from another state, territory,

district, province, nation or other jurisdiction.

(iii) The view of such number plates shall not be obstructed by any

part of the vehicle or by anything carried thereon, except for a

receiver-transmitter issued by a publicly owned tolling facility in

connection with electronic toll collection when such

receiver-transmitter is affixed to the exterior of a vehicle in

accordance with mounting instructions provided by the tolling facility.

2. Such number plates shall be of such material, form, design and

dimensions and contain or set forth such distinguishing number or other

identification marks as the commissioner shall prescribe, provided,

however, that there shall be at all times a marked contrast between the

color of the number plates and that of the numerals or letters thereon,

and provided further that no vehicle shall display the number plates of

more than one state at a time except where the vehicle is required to be

registered in more than one state, and provided further that the number

plates of a rental vehicle shall not display any indication of the

rental status of such vehicle nor shall any plate be used other than

those issued by the commissioner.

3. No person shall operate or drive a motor vehicle drawing a trailer

on the public highways of the state, unless such trailer shall have a

distinctive number assigned to it by the commissioner and a number plate

issued by such commissioner with a number corresponding to that of the

certificate of registration displayed and fastened on the rear in the

manner provided for number plates on the rear of a motor vehicle. The

provisions of subdivision two of this section relating to number plates

for motor vehicles shall apply to number plates for any such trailer.

The provisions of this subdivision shall not apply when a newly

constructed trailer is being drawn to or from a weighing station solely

for the purpose of determining the weight thereof.

4. No person shall operate or drive a motor vehicle upon the public

highways of this state having displayed thereon number plates not proper

for such vehicle under the provisions of this chapter and, upon a

conviction for this offense, the number plates shall be surrendered to

the court for delivery to the commissioner. The failure to produce the

certificate of registration or registration renewal stub of a vehicle

shall be presumptive evidence of displaying number plates not proper for

the vehicle. Every annual number plate issued shall remain the property

of the state until the correct registration fee is paid. Every number

plate of a permanent nature for use with a removable date tag which

shall be issued shall remain the property of the state unless and until

the commissioner finds that the state no longer has use for it. Number

plates belonging to the state shall be under the control of the

commissioner.

5. No person shall knowingly authorize or permit a number plate issued

for a motor vehicle or trailer owned and registered by him to be

displayed on any motor vehicle or trailer other than a motor vehicle or

trailer to which such number plate has been assigned by the

commissioner, or upon which such number plate may legally be displayed

under a temporary certificate of registration issued by a dealer under

the provisions of section four hundred twenty of this chapter.

6. No owner shall knowingly cause or permit a vehicle owned by him to

be operated, driven or parked upon the public highways of this state in

violation of this section. Any violation of this section that occurs

while a motor vehicle is parked on the public highways of this state

shall constitute a parking violation.

7. It shall be unlawful for any person, firm, partnership,

association, limited liability company or corporation to sell, offer for

sale or distribute any:

(a) artificial or synthetic material or substance for the purpose of

application to a number plate that will, upon application to a number

plate, distort a recorded or photographic image of such number plate; or

(b) plate cover, material or device for the purpose of installation

on, near or around a number plate that will, upon installation on, near

or around a number plate, obstruct or obscure all or any part of the

distinguishing number or other identification marks of such number

plate; or

(c) a material appearing to be a number plate for display as proof of

lawful registration but which has not been lawfully issued by the

commissioner, the commissioner's agent, or the equivalent official or

agents from another state, territory, district, province, nation or

other jurisdiction.

8. A violation of this section shall be punishable by a fine of not

less than twenty-five nor more than two hundred dollars, except that:

(a) A violation of subparagraph (ii), subparagraph (ii-a) or

subparagraph (iii) of paragraph (b) of subdivision one of this section

shall be punishable by a fine of not less than one hundred nor more than

five hundred dollars.

(b) A person convicted of a violation of subparagraph (ii-a) of

paragraph (b) of subdivision one of this section shall surrender the

glass or plastic covering or material appearing to be a number plate, as

applicable, to the court or administrative tribunal for delivery to the

commissioner.

(c) Upon conviction of a violation of subparagraph (ii) of paragraph

(b) of subdivision one of this section, the court or administrative

tribunal having jurisdiction may, in addition to any penalty that may be

imposed for such violation, order the removal of any material or

substance that conceals or obscures such number plates or the

replacement of such number plates.