NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8057
SPONSOR: Otis TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to authorizing the issuance of number plates to manufacturers
of motor vehicles
PURPOSE OR GENERAL IDEA OF BILL:
To amend the vehicle and traffic law, in relation to authorizing the
issuance of number plates to manufacturers of motor vehicles.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 4 of section 415 of the vehicle and traffic
law, as amended by chapter 7 of the laws of 2000, to add manufacturers
as entitled to receive number plates.
Section 2 amends subdivision 6 of section 415 of vehicle and traffic
law, as amended by section 5 of chapter 28 of the laws of 2018, to add
manufacturers in regards to annual registration fees.
Section 3 amends subdivision 6 of section 415 of the vehicle and traffic
law, as amended by section 6 of chapter 28 of the laws of 2018, to add
manufacturers in regards to application fees.
Section 4 amends subdivision 8 of section of the vehicle and traffic
law, as amended by chapter 7 of the laws of 2000, to specify the
purposes for which manufacturer plates may be used.
Section 5 amends subdivision 11 of section 415 of the vehicle and traf-
fic law, as amended by chapter 7 of the laws of 2000, to add manufactur-
ers in regards to suspension and revocation of a certificate of regis-
tration.
Section 6 amends subdivision 15 of section 415 of the vehicle and traf-
fic law, as amended by chapter 7 of the laws of 2000, to add manufactur-
ers in regards to miscellaneous provisions regarding transporter plates.
Section 7 amends Section 416 of the vehicle and traffic law, as amended
by chapter 36 of the laws of 1973, to add manufacturers in regards to
limits on the use of transporter plates.
Section 8 provides that this act shall take effect on the one hundred
eightieth day after it shall have become a law; provided, however, that
the amendments to subdivision 6 of section 415 of the vehicle and traf-
fic law made by section two of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 13 of part Ul
of chapter 62 of the laws of 2003, as amended, when upon such date the
provisions of section three of this act shall take effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
JUSTIFICATION:
This legislation would authorize the Department of Motor Vehicles to
issue "manufacturer" plates in the same way they offer "dealer" and
"transporter" plates for entities involved as dealers or transporters of
vehicles. This legislation would provide an appropriate special plate
for businesses involved in the manufacture of motor vehicles and will
encourage such businesses to come to New York. For manufacturers a
"manufacturer" plate is the more appropriate designation for the busi-
ness they are conducting.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The costs to the state will be minimal.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that the amendments to
subdivision 6 of section 415 of the vehicle and traffic law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 13 of part Ul of chapter 62 of
the laws of 2003, as amended, when upon such date the provisions of
section three of this act shall take effect. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8057
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the issuance of number plates to manufacturers of motor vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 415 of the vehicle and traffic
2 law, as amended by chapter 7 of the laws of 2000, is amended to read as
3 follows:
4 4. Number plates. A dealer, manufacturer, or other person, qualifying
5 for limited use of motor vehicles, motorcycles or trailers under subdi-
6 visions two and three of this section, shall be entitled to receive one
7 or more sets of number plates for display thereon as the commissioner
8 may determine, upon payment of the required fee for each set. Number
9 plates issued to dealers under this section shall bear distinctive marks
10 to distinguish them from manufacturer and transporter plates to be
11 issued to other persons qualifying under this section. Number plates
12 issued to manufacturers under this section shall bear distinctive marks
13 to distinguish them from dealer and transporter plates to be issued to
14 other persons qualifying under this section. A set of number plates
15 shall consist of two plates in the case of a motor vehicle and one plate
16 in the case of a motorcycle or trailer; provided, however, that the
17 commissioner, in his or her discretion, may issue, for any registration
18 year, only one number as a set for a motor vehicle, in which event a set
19 of number plates for a motor vehicle shall consist of one plate.
20 § 2. Subdivision 6 of section 415 of the vehicle and traffic law, as
21 amended by section 5 of chapter 28 of the laws of 2018, is amended to
22 read as follows:
23 6. Fees. Every original application for registration as a dealer,
24 automobile broker or transporter shall be accompanied by an application
25 fee of thirty-seven dollars and fifty cents, which shall in no event be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10059-05-9
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1 refunded. The annual fee for registration as a dealer, automobile broker
2 or transporter or for renewal thereof shall be two hundred twenty-five
3 dollars. The annual fee for any other registration under this section
4 shall be fifty dollars. However, the commissioner may, in his or her
5 discretion, issue a renewal of either registration for a period of two
6 years. The fee for a two-year renewal shall be twice the annual fee. The
7 annual fee for dealer, manufacturer, or transporter number plates shall
8 be twenty dollars for each set. If the commissioner issues to dealers a
9 document which is required to be used by a dealer to sell or transfer a
10 vehicle, the fee for the issuance of each such document shall be five
11 dollars. There shall be no refund of registration fee or fees for
12 number plates in the event of suspension, revocation or voluntary
13 cancellation of registration. The fee for any such transfer document
14 issued by the commissioner shall be refunded only upon the surrender of
15 such document upon voluntary cancellation of registration.
16 § 3. Subdivision 6 of section 415 of the vehicle and traffic law, as
17 amended by section 6 of chapter 28 of the laws of 2018, is amended to
18 read as follows:
19 6. Fees. Every original application for registration as a dealer,
20 automobile broker or transporter shall be accompanied by an application
21 fee of twenty-five dollars, which shall in no event be refunded. The
22 annual fee for registration as a dealer, automobile broker or transpor-
23 ter or for renewal thereof shall be one hundred fifty dollars. The
24 annual fee for any other registration under this section shall be fifty
25 dollars. However, the commissioner may, in his or her discretion, issue
26 a renewal of either registration for a period of two years. The fee for
27 a two-year renewal shall be twice the annual fee. The annual fee for
28 dealer, manufacturer, or transporter number plates shall be twenty
29 dollars for each set. If the commissioner issues to dealers a document
30 which is required to be used by a dealer to sell or transfer a vehicle,
31 the fee for the issuance of each such document shall be one dollar.
32 There shall be no refund of registration fee or fees for number plates
33 in the event of suspension, revocation or voluntary cancellation of
34 registration. The fee for any such transfer document issued by the
35 commissioner shall be refunded only upon the surrender of such document
36 upon voluntary cancellation of registration.
37 § 4. Subdivision 8 of section 415 of the vehicle and traffic law, as
38 amended by chapter 7 of the laws of 2000, is amended to read as follows:
39 8. Use. Transporter number plates issued under this section shall be
40 used only for the limited operation of vehicles owned or controlled by
41 the registrant for the purpose of weighing, testing, dismantling, trans-
42 porting or delivering the same, or for the purpose of moving such vehi-
43 cles in connection with making installations thereon or improvements
44 thereto, or the repossession or foreclosure thereof, or for the opera-
45 tion, for demonstration purposes, of any vehicle owned by a manufactur-
46 er, or for transporting or delivering the vehicle upon which the plates
47 are displayed and additional vehicles carried in whole or in part upon
48 such vehicle.
49 Except as provided in section four hundred sixteen of this article,
50 dealer number plates issued under this section may be used for all
51 purposes for which transporter plates may be used and, in addition, may
52 be used for the operation of any vehicle owned or controlled by the
53 registrant and held for sale or demonstration, except a vehicle rented
54 to another, a vehicle used to transport passengers for hire, a vehicle
55 commonly called a "tow truck" or "wrecker" and used by the dealer for
56 such purposes, a vehicle equipped for the purpose of towing or pushing
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1 disabled or nonoperated vehicles or a commercial or suburban type vehi-
2 cle used by the dealer for commercial purposes other than directly
3 affecting the sale or demonstration of that particular vehicle. In addi-
4 tion, dealer, manufacturer, or transporter number plates may be used for
5 any non-self-propelled device used for the transport of modular homes.
6 Except as provided in section four hundred sixteen of this article,
7 manufacturer number plates issued under this section may be used for all
8 purposes for which transporter plates may be used and, in addition, may
9 be used for the operation of any vehicle owned or controlled by the
10 registrant and held for demonstration, except a vehicle rented to anoth-
11 er, a vehicle used to transport passengers for hire, a vehicle commonly
12 called a "tow truck" or "wrecker" and used by the manufacturer for such
13 purposes, a vehicle equipped for the purpose of towing or pushing disa-
14 bled or nonoperated vehicles or a commercial or suburban type vehicle
15 used by the manufacturer for commercial purposes other than directly
16 affecting the demonstration of that particular vehicle.
17 Dealer, manufacturer, or transporter number plates issued upon renewal
18 of a dealer, manufacturer, or transporter registration may be used
19 during the thirty day period immediately preceding the expiration date
20 of such registration, including such expiration date.
21 § 5. Subdivision 11 of section 415 of the vehicle and traffic law, as
22 amended by chapter 7 of the laws of 2000, is amended to read as follows:
23 11. Following the suspension or revocation of the certificate of
24 registration of a dealer, manufacturer, or transporter or number plates,
25 pursuant to this section, the failure of the holder or any other person
26 possessing the certificate of registration, number plates or certif-
27 icates of sale issued to a dealer pursuant to the regulations of the
28 commissioner, to deliver the same to the suspending or revoking officer,
29 peace officer acting pursuant to his or her special duties, police offi-
30 cer directed by the commissioner to secure possession thereof, or agent
31 of the commissioner, displaying authorization to act in such capacity
32 along with a certified copy of the order revoking or suspending such
33 registration or number plates, shall be a misdemeanor.
34 If any person shall fail to deliver a certificate of registration,
35 number plates or certificates of sale as provided herein, the commis-
36 sioner shall forthwith direct any peace officer acting pursuant to his
37 or her special duties or police officer to secure possession thereof and
38 to return the same to the commissioner.
39 § 6. Subdivision 15 of section 415 of the vehicle and traffic law, as
40 amended by chapter 7 of the laws of 2000, is amended to read as follows:
41 15. Miscellaneous provisions. The commissioner may, in his or her
42 discretion, limit the number of sets of number plates which shall be
43 issued to any registrant. The provisions of subdivision three of section
44 four hundred one of this [chapter] title with respect to the fee for
45 lost, mutilated or destroyed certificates and number plates shall apply
46 to certificates and number plates issued under this section.
47 In the event of the loss or theft of any dealer, manufacturer, or
48 transporter number plate or set of such number plates whether with or
49 without a date tag or tags, or any date tag or set of date tags, the
50 dealer or manufacturer must immediately notify the police of such fact
51 and in the event of loss, theft, mutilation or destruction of any such
52 items the dealer or manufacturer must immediately file a statement and
53 proof of the facts as the commissioner shall require. The provisions of
54 section four hundred two and four hundred eleven of this [chapter] title
55 with respect to the care and display of number plates shall apply to
56 number plates issued under this section. Registration under this
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1 section shall be upon the condition that the registrant shall conform to
2 such reasonable requirements as shall be prescribed by the commissioner.
3 The commissioner may, in his or her discretion, require a registrant
4 to maintain a record in a prescribed form of all vehicles received or
5 disposed of by him or her, which records shall be open at all times for
6 inspection by the commissioner, his or her representatives and any peace
7 officer, acting pursuant to his or her special duties, or police offi-
8 cer.
9 If registration under this section shall be issued in the names of two
10 or more persons as partners and a change occurs in the membership of
11 such partnership, the registration shall not expire so long as any one
12 of the persons named in such registration is a member of the partnership
13 or carries on the business of the partnership as surviving member of the
14 partnership. However, when any such change occurs and the registration
15 does not expire, the partners or surviving member after such change
16 shall forthwith file with the commissioner a statement regarding such
17 partnership in such form and giving such information as the commissioner
18 shall require, and the commissioner shall issue a new certificate of
19 registration.
20 § 7. Section 416 of the vehicle and traffic law, as amended by chapter
21 36 of the laws of 1973, is amended to read as follows:
22 § 416. Limited use of dealer's, manufacturer's, and transporter's
23 number plates by vendee or lessee. Upon the sale or lease of a motor
24 vehicle or motorcycle the vendee or lessee shall be allowed to operate
25 the same upon the public highways for the period of five days after
26 taking possession thereof, without carrying number plates issued upon a
27 registration under section four hundred one, if a motor vehicle, or
28 under section four hundred ten, if a motorcycle, provided the motor
29 vehicle or motorcycle shall have attached thereto and displayed thereon,
30 in the manner therein provided, a set of dealer's, manufacturer's, or
31 transporter's number plates issued to the vendor or lessor under section
32 four hundred fifteen, and if a proper application for registration and
33 number plates for such vehicle, under the provisions of section four
34 hundred one or four hundred ten of this title, as the case may be, shall
35 have been mailed or presented to the commissioner, or agent, accompanied
36 with the payment of the required fee within twenty-four hours after he
37 or she has taken possession thereof. If the motor vehicle or motorcycle
38 is to be registered in a jurisdiction other than the state of New York,
39 the requirement for filing or presenting such application shall not
40 apply.
41 No person shall operate or drive upon the public highways any motor
42 vehicle or motorcycle on which is fastened or displayed any such deal-
43 er's, manufacturer's, or transporter's number plates after a sale or
44 lease of such vehicle by the dealer or lessor, except in compliance with
45 the foregoing provisions.
46 A vendee or lessee to whom number plates are delivered or by whom they
47 are held under the provisions of this section shall return the same, and
48 the accompanying registration certificate, to the dealer or lessor
49 before the expiration of six days after he or she took possession of the
50 motor vehicle or motorcycle purchased or leased. If number plates so
51 delivered or held, or such certificate, are not returned within the time
52 above limited, the dealer or lessor shall immediately notify the commis-
53 sioner of that fact by mail, describing the plates according to the
54 general and distinctive numbers and characters thereon.
55 The provisions of this section shall apply also to the sale or lease
56 of a trailer and to the use by the vendee or lessee of dealer's,
A. 8057 5
1 manufacturer's, or transporter's number plates on the trailer sold or
2 leased, and for the purpose of applying such provisions a trailer shall
3 be deemed to be a motor vehicle.
4 § 8. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law; provided, however, that the amendments to
6 subdivision 6 of section 415 of the vehicle and traffic law made by
7 section two of this act shall be subject to the expiration and reversion
8 of such subdivision pursuant to section 13 of part U1 of chapter 62 of
9 the laws of 2003, as amended, when upon such date the provisions of
10 section three of this act shall take effect. Effective immediately, the
11 addition, amendment and/or repeal of any rule or regulation necessary
12 for the implementation of this act on its effective date are authorized
13 to be made and completed on or before such effective date.
