STATE OF NEW YORK
________________________________________________________________________
5993
2021-2022 Regular Sessions
IN SENATE
March 25, 2021
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the regis-
tration of motor vehicles; and to amend the administrative code of the
city of New York, the insurance law, the tax law, the transportation
law, and the vehicle and traffic law, in relation to making conforming
changes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and subdivisions 5 and 5-a of section
2 401 of the vehicle and traffic law, subdivision 5 as amended by chapter
3 136 of the laws of 1969, paragraph a of subdivision 5 as amended by
4 chapter 137 of the laws of 1989, paragraph b of subdivision 5 as
5 amended by chapter 826 of the laws of 1985, and paragraph c of subdivi-
6 sion 5 as amended by chapter 356 of the laws of 1990, subdivision 5-a as
7 added by chapter 164 of the laws of 1970, paragraph a of subdivision 5-a
8 as separately amended by chapters 19, 20 and 23 of the laws of 2009,
9 subparagraph (i) of paragraph a of subdivision 5-a as separately amended
10 by chapters 145 and 148 of the laws of 2019, paragraph b of subdivision
11 5-a as added and paragraph c as relettered by chapter 487 of the laws of
12 1993, and paragraph c of subdivision 5-a as added by chapter 164 of the
13 laws of 1970, are amended to read as follows:
14 Registration of motor vehicles; fees[; renewals].
15 5. [Times for] Validity of registration[, reregistration and renewal];
16 proportionate fees. [a. Registrations, reregistrations and renewals
17 shall take effect and expire on dates determined by the commissioner.
18 However, where the expiration date of the registration of any vehicle,
19 except a taxi or an omnibus, falls on a Saturday, Sunday or state holi-
20 day, such registration shall be valid for the operation of such vehicle
21 until midnight of the next day on which state offices shall be open for
22 business. Provided, however, that renewal of a registration may be used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09798-02-1
S. 5993 2
1 preceding the expiration date of such registration including such expi-
2 ration date. Provided, further, however, that where the required proof
3 of registration consists of an expired registration for the same vehi-
4 cle, issued to the same person applying for the registration or renewal,
5 and the expired registration certificate and number plates and date tags
6 issued for such registration had not been surrendered to the commission-
7 er on or before the expiration date of such registration, the commis-
8 sioner may in his discretion deem such application to be a renewal of
9 the expired registration and require that the fee paid for such regis-
10 tration be computed as if the registration had been made prior to the
11 date of expiration of the expired registration.
12 b. The fee for the renewal of a registration shall be the same as the
13 annual registration fee, and, where a registration or renewal is for a
14 period of more or less than one calendar year, the annual fees as
15 provided in this section shall be increased or reduced proportionately
16 on a daily computation basis, except that where the annual registration
17 fee for such vehicle would amount to ten dollars or less, the fee shall
18 not be so prorated.
19 c.] Notwithstanding any other provision of this article, the commis-
20 sioner shall issue registrations [and renewals of registrations] for
21 motor vehicles for which a registration fee established in paragraph a
22 of subdivision six of this section is required to be paid and for motor
23 vehicles having a maximum gross weight of not more than eighteen thou-
24 sand pounds for which a registration fee established in paragraph one of
25 schedule B of subdivision seven of this section is required to be paid
26 [for a period of not less than two years]. The initial registration of a
27 new model year motor vehicle for which a registration fee established in
28 paragraph a of subdivision six of this section is required and for a new
29 model year motor vehicle having a maximum gross weight of not more than
30 eighteen thousand pounds for which a registration fee established in
31 paragraph one of schedule B of subdivision seven of this section is
32 required to be paid shall not expire until the title of such motor vehi-
33 cle is transferred to a new owner as provided in article forty-six of
34 this chapter. The registration of any such older model year motor vehi-
35 cles that are currently registered shall not expire until the title of
36 such motor vehicle is transferred to a new owner as provided in article
37 forty-six of this chapter. Upon such transfer of a certificate of title
38 the new owner shall register the motor vehicle and pay the registration
39 fee established in paragraph a of subdivision six or in paragraph one of
40 schedule B of subdivision seven of this section. In addition, the full
41 amount of any other charges, taxes or fees [which would be required to
42 be paid to, or collected by, the commissioner during the entire regis-
43 tration period if registrations were issued for twelve month periods]
44 shall be paid to the commissioner at the time of such registration [or
45 renewal of registration. The commissioner shall promulgate rules and
46 regulations for the issuance of registration renewals extended as
47 required in this paragraph. However, such regulations may provide that
48 the initial issuance of extended renewals be accomplished over a two
49 year period. The commissioner may by regulation exempt from the
50 provisions of this paragraph registrations for motor vehicles issued in
51 conjunction with any long-term registration program or registration
52 reciprocity or proration agreement which this state has established or
53 to which this state is a party].
54 5-a. Denial of registration [or renewal]. a. (i) If at the time of
55 application for a registration [or renewal thereof] there is a certif-
56 ication from a court, parking violations bureau, traffic and parking
S. 5993 3
1 violations agency or administrative tribunal of appropriate jurisdiction
2 or administrative tribunal of appropriate jurisdiction that the regis-
3 trant or his or her representative failed to appear on the return date
4 or any subsequent adjourned date or failed to comply with the rules and
5 regulations of an administrative tribunal following entry of a final
6 decision in response to a total of three or more summonses or other
7 process in the aggregate, issued within an eighteen month period, charg-
8 ing either that: (i) such motor vehicle was parked, stopped or standing,
9 or that such motor vehicle was operated for hire by the registrant or
10 his or her agent without being licensed as a motor vehicle for hire by
11 the appropriate local authority, in violation of any of the provisions
12 of this chapter or of any law, ordinance, rule or regulation made by a
13 local authority; or (ii) the registrant was liable in accordance with
14 section eleven hundred eleven-a, section eleven hundred eleven-b or
15 section eleven hundred eleven-d of this chapter for a violation of
16 subdivision (d) of section eleven hundred eleven of this chapter; or
17 (iii) the registrant was liable in accordance with section eleven
18 hundred eleven-c of this chapter for a violation of a bus lane
19 restriction as defined in such section, or (iv) the registrant was
20 liable in accordance with section eleven hundred eighty-b of this chap-
21 ter for a violation of subdivision (c) or (d) of section eleven hundred
22 eighty of this chapter, or (vi) the registrant was liable in accordance
23 with section eleven hundred eleven-e of this chapter for a violation of
24 subdivision (d) of section eleven hundred eleven of this chapter; or
25 (vii) the registrant was liable in accordance with section eleven
26 hundred seventy-four-a of this chapter for a violation of section eleven
27 hundred seventy-four of this chapter, or [(vii)] (viii) the registrant
28 was liable in accordance with section eleven hundred eighty-d of this
29 chapter for a violation of subdivision (c) or (d) of section eleven
30 hundred eighty of this chapter, the commissioner or his or her agent
31 shall deny the registration [or renewal] application until the applicant
32 provides proof from the court, traffic and parking violations agency or
33 administrative tribunal wherein the charges are pending that an appear-
34 ance or answer has been made or in the case of an administrative tribu-
35 nal that he or she has complied with the rules and regulations of said
36 tribunal following entry of a final decision. Where an application is
37 denied pursuant to this section, the commissioner may, in his or her
38 discretion, deny a registration [or renewal] application to any other
39 person for the same vehicle and may deny a registration [or renewal]
40 application for any other motor vehicle registered in the name of the
41 applicant where the commissioner has determined that such registrant's
42 intent has been to evade the purposes of this subdivision and where the
43 commissioner has reasonable grounds to believe that such registration
44 [or renewal] will have the effect of defeating the purposes of this
45 subdivision. Such denial shall only remain in effect as long as the
46 summonses remain unanswered, or in the case of an administrative tribu-
47 nal, the registrant fails to comply with the rules and regulations
48 following entry of a final decision.
49 (ii) For purposes of this paragraph, the term "motor vehicle operated
50 for hire" shall mean and include a taxicab, livery, coach, limousine or
51 tow truck.
52 b. If at the time of application by any person for a registration [or
53 renewal thereof] there is a certification from a court or an agency or
54 administrative tribunal with regulatory or adjudicatory authority over
55 van services or other such common carriers of passengers in any city
56 with a population of over one million pursuant to subdivision five of
S. 5993 4
1 section eighty of the transportation law that there remains unpaid a
2 penalty imposed by such agency or administrative tribunal or court
3 following entry of a decision or order, including a decision or order in
4 a proceeding in which there has been a failure to appear or pay, in
5 response to a notice of violation, summons or other process issued
6 charging that the vehicle was operated as a van service or other such
7 common carrier of passengers without the operating authority required by
8 such local law or ordinance, the commissioner or the commissioner's
9 agent shall impose a vehicle identification number block and deny the
10 registration [or renewal] application until the applicant provides proof
11 from the court or agency or other administrative tribunal wherein the
12 charges were adjudicated that such penalty has been paid in full or the
13 violation has been corrected to its satisfaction. Where an application
14 is denied pursuant to this paragraph, the commissioner may, in the
15 commissioner's discretion, deny a registration [or renewal] application
16 for any other motor vehicle registered in the name of the applicant
17 where the commissioner has determined that such registrant's intent has
18 been to evade the purposes of this paragraph and where the commissioner
19 has reasonable grounds to believe that such registration [or renewal]
20 will have the effect of defeating the purposes of this paragraph. Such
21 vehicle identification number block and denial shall only remain in
22 effect until the penalty has been paid in full or the violation has been
23 corrected to the satisfaction of the court, city agency or administra-
24 tive tribunal.
25 c. The commissioner may promulgate such regulations as are necessary
26 to effectuate the provisions of this subdivision, including provisions
27 for the recovery of the administrative costs of the program incurred for
28 each municipality. The commissioner may, in his discretion, refuse to
29 process a certification received from a court or administrative tribunal
30 in any municipality which has failed to comply with the provisions of
31 section five hundred fourteen of this chapter or which does not have an
32 effective program for enforcing suspension and revocation orders issued
33 by the department.
34 § 1-a. Subparagraph (i) of paragraph a of subdivision 5-a of section
35 401 of the vehicle and traffic law, as amended by section 8 of chapter
36 145 of the laws of 2019, is amended to read as follows:
37 (i) If at the time of application for a registration [or renewal ther-
38 eof] there is a certification from a court, parking violations bureau,
39 traffic and parking violations agency or administrative tribunal of
40 appropriate jurisdiction or [adminstrative] administrative tribunal of
41 appropriate jurisdiction that the registrant or his or her represen-
42 tative failed to appear on the return date or any subsequent adjourned
43 date or failed to comply with the rules and regulations of an adminis-
44 trative tribunal following entry of a final decision in response to a
45 total of three or more summonses or other process in the aggregate,
46 issued within an eighteen month period, charging either that: (i) such
47 motor vehicle was parked, stopped or standing, or that such motor vehi-
48 cle was operated for hire by the registrant or his or her agent without
49 being licensed as a motor vehicle for hire by the appropriate local
50 authority, in violation of any of the provisions of this chapter or of
51 any law, ordinance, rule or regulation made by a local authority; or
52 (ii) the registrant was liable in accordance with section eleven hundred
53 eleven-a, section eleven hundred eleven-b or section eleven hundred
54 eleven-d of this chapter for a violation of subdivision (d) of section
55 eleven hundred eleven of this chapter; or (iii) the registrant was
56 liable in accordance with section eleven hundred eleven-c of this chap-
S. 5993 5
1 ter for a violation of a bus lane restriction as defined in such
2 section, or (iv) the registrant was liable in accordance with section
3 eleven hundred eighty-b of this chapter for a violation of subdivision
4 (c) or (d) of section eleven hundred eighty of this chapter, or [(vi)]
5 (v) the registrant was liable in accordance with section eleven hundred
6 eleven-e of this chapter for a violation of subdivision (d) of section
7 eleven hundred eleven of this chapter; or [(vii)] (vi) the registrant
8 was liable in accordance with section eleven hundred seventy-four-a of
9 this chapter for a violation of section eleven hundred seventy-four of
10 this chapter, the commissioner or his or her agent shall deny the regis-
11 tration [or renewal] application until the applicant provides proof from
12 the court, traffic and parking violations agency or administrative
13 tribunal wherein the charges are pending that an appearance or answer
14 has been made or in the case of an administrative tribunal that he or
15 she has complied with the rules and regulations of said tribunal follow-
16 ing entry of a final decision. Where an application is denied pursuant
17 to this section, the commissioner may, in his or her discretion, deny a
18 registration [or renewal] application to any other person for the same
19 vehicle and may deny a registration [or renewal] application for any
20 other motor vehicle registered in the name of the applicant where the
21 commissioner has determined that such registrant's intent has been to
22 evade the purposes of this subdivision and where the commissioner has
23 reasonable grounds to believe that such registration [or renewal] will
24 have the effect of defeating the purposes of this subdivision. Such
25 denial shall only remain in effect as long as the summonses remain unan-
26 swered, or in the case of an administrative tribunal, the registrant
27 fails to comply with the rules and regulations following entry of a
28 final decision.
29 § 1-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
30 and traffic law, as separately amended by section 8-a of chapter 145 of
31 the laws of 2019 and section 11-a of chapter 148 of the laws of 2019, is
32 amended to read as follows:
33 a. If at the time of application for a registration [or renewal there-
34 of] there is a certification from a court or administrative tribunal of
35 appropriate jurisdiction that the registrant or his or her represen-
36 tative failed to appear on the return date or any subsequent adjourned
37 date or failed to comply with the rules and regulations of an adminis-
38 trative tribunal following entry of a final decision in response to a
39 total of three or more summonses or other process in the aggregate,
40 issued within an eighteen month period, charging either that: (i) such
41 motor vehicle was parked, stopped or standing, or that such motor vehi-
42 cle was operated for hire by the registrant or his or her agent without
43 being licensed as a motor vehicle for hire by the appropriate local
44 authority, in violation of any of the provisions of this chapter or of
45 any law, ordinance, rule or regulation made by a local authority; or
46 (ii) the registrant was liable in accordance with section eleven hundred
47 eleven-b of this chapter for a violation of subdivision (d) of section
48 eleven hundred eleven of this chapter; or (iii) the registrant was
49 liable in accordance with section eleven hundred eleven-c of this chap-
50 ter for a violation of a bus lane restriction as defined in such
51 section; or (iv) the registrant was liable in accordance with section
52 eleven hundred eleven-d of this chapter for a violation of subdivision
53 (d) of section eleven hundred eleven of this chapter or (v) the regis-
54 trant was liable in accordance with section eleven hundred eighty-b of
55 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
56 section eleven hundred eighty of this chapter; or (vi) the registrant
S. 5993 6
1 was liable in accordance with section eleven hundred eleven-e of this
2 chapter for a violation of subdivision (d) of section eleven hundred
3 eleven of this chapter; or (vii) the registrant was liable in accordance
4 with section eleven hundred seventy-four-a of this chapter for a
5 violation of section eleven hundred seventy-four of this chapter; or
6 [(vii)] (viii) the registrant was liable in accordance with section
7 eleven hundred eighty-d of this chapter for a violation of subdivision
8 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
9 ter, the commissioner or his or her agent shall deny the registration
10 [or renewal] application until the applicant provides proof from the
11 court or administrative tribunal wherein the charges are pending that an
12 appearance or answer has been made or in the case of an administrative
13 tribunal that he or she has complied with the rules and regulations of
14 said tribunal following entry of a final decision. Where an application
15 is denied pursuant to this section, the commissioner may, in his or her
16 discretion, deny a registration [or renewal] application to any other
17 person for the same vehicle and may deny a registration or renewal
18 application for any other motor vehicle registered in the name of the
19 applicant where the commissioner has determined that such registrant's
20 intent has been to evade the purposes of this subdivision and where the
21 commissioner has reasonable grounds to believe that such registration
22 [or renewal] will have the effect of defeating the purposes of this
23 subdivision. Such denial shall only remain in effect as long as the
24 summonses remain unanswered, or in the case of an administrative tribu-
25 nal, the registrant fails to comply with the rules and regulations
26 following entry of a final decision.
27 § 1-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
28 and traffic law, as separately amended by section 8-b of chapter 145 and
29 section 11-b of chapter 148 of the laws of 2019, is amended to read as
30 follows:
31 a. If at the time of application for a registration [or renewal there-
32 of] there is a certification from a court or administrative tribunal of
33 appropriate jurisdiction that the registrant or his or her represen-
34 tative failed to appear on the return date or any subsequent adjourned
35 date or failed to comply with the rules and regulations of an adminis-
36 trative tribunal following entry of a final decision in response to
37 three or more summonses or other process, issued within an eighteen
38 month period, charging that: (i) such motor vehicle was parked, stopped
39 or standing, or that such motor vehicle was operated for hire by the
40 registrant or his or her agent without being licensed as a motor vehicle
41 for hire by the appropriate local authority, in violation of any of the
42 provisions of this chapter or of any law, ordinance, rule or regulation
43 made by a local authority; or (ii) the registrant was liable in accord-
44 ance with section eleven hundred eleven-c of this chapter for a
45 violation of a bus lane restriction as defined in such section; or (iii)
46 the registrant was liable in accordance with section eleven hundred
47 eleven-d of this chapter for a violation of subdivision (d) of section
48 eleven hundred eleven of this chapter; or (iv) the registrant was liable
49 in accordance with section eleven hundred eighty-b of this chapter for a
50 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
51 hundred eighty of this chapter,[,] or the registrant was liable in
52 accordance with section eleven hundred eighty-d of this chapter for a
53 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
54 hundred eighty of this chapter; or (v) the registrant was liable in
55 accordance with section eleven hundred eleven-e of this chapter for a
56 violation of subdivision (d) of section eleven hundred eleven of this
S. 5993 7
1 chapter; or (vii) the registrant was liable in accordance with section
2 eleven hundred seventy-four-a of this chapter for a violation of section
3 eleven hundred seventy-four of this chapter, the commissioner or his or
4 her agent shall deny the registration [or renewal] application until the
5 applicant provides proof from the court or administrative tribunal wher-
6 ein the charges are pending that an appearance or answer has been made
7 or in the case of an administrative tribunal that he or she has complied
8 with the rules and regulations of said tribunal following entry of a
9 final decision. Where an application is denied pursuant to this section,
10 the commissioner may, in his or her discretion, deny a registration [or
11 renewal] application to any other person for the same vehicle and may
12 deny a registration [or renewal] application for any other motor vehicle
13 registered in the name of the applicant where the commissioner has
14 determined that such registrant's intent has been to evade the purposes
15 of this subdivision and where the commissioner has reasonable grounds to
16 believe that such registration [or renewal] will have the effect of
17 defeating the purposes of this subdivision. Such denial shall only
18 remain in effect as long as the summonses remain unanswered, or in the
19 case of an administrative tribunal, the registrant fails to comply with
20 the rules and regulations following entry of a final decision.
21 § 1-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
22 and traffic law, as separately amended by section 8-c of chapter 145 and
23 section 11-c of chapter 148 of the laws of 2019, is amended to read as
24 follows:
25 a. If at the time of application for a registration [or renewal there-
26 of] there is a certification from a court or administrative tribunal of
27 appropriate jurisdiction that the registrant or his or her represen-
28 tative failed to appear on the return date or any subsequent adjourned
29 date or failed to comply with the rules and regulations of an adminis-
30 trative tribunal following entry of a final decision in response to
31 three or more summonses or other process, issued within an eighteen
32 month period, charging that: (i) such motor vehicle was parked, stopped
33 or standing, or that such motor vehicle was operated for hire by the
34 registrant or his or her agent without being licensed as a motor vehicle
35 for hire by the appropriate local authority, in violation of any of the
36 provisions of this chapter or of any law, ordinance, rule or regulation
37 made by a local authority; or (ii) the registrant was liable in accord-
38 ance with section eleven hundred eleven-d of this chapter for a
39 violation of subdivision (d) of section eleven hundred eleven of this
40 chapter; or (iii) the registrant was liable in accordance with section
41 eleven hundred eighty-b of this chapter for violations of subdivision
42 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
43 ter,[,] or the registrant was liable in accordance with section eleven
44 hundred eighty-d of this chapter for violations of subdivision (b), (c),
45 (d), (f) or (g) of section eleven hundred eighty of this chapter; or
46 (iv) the registrant was liable in accordance with section eleven hundred
47 eleven-e of this chapter for a violation of subdivision (d) of section
48 eleven hundred eleven of this chapter; or (v) the registrant was liable
49 in accordance with section eleven hundred seventy-four-a of this chapter
50 for a violation of section eleven hundred seventy-four of this chapter,
51 the commissioner or his or her agent shall deny the registration [or
52 renewal] application until the applicant provides proof from the court
53 or administrative tribunal wherein the charges are pending that an
54 appearance or answer has been made or in the case of an administrative
55 tribunal that he or she has complied with the rules and regulations of
56 said tribunal following entry of a final decision. Where an application
S. 5993 8
1 is denied pursuant to this section, the commissioner may, in his or her
2 discretion, deny a registration [or renewal] application to any other
3 person for the same vehicle and may deny a registration [or renewal]
4 application for any other motor vehicle registered in the name of the
5 applicant where the commissioner has determined that such registrant's
6 intent has been to evade the purposes of this subdivision and where the
7 commissioner has reasonable grounds to believe that such registration
8 [or renewal] will have the effect of defeating the purposes of this
9 subdivision. Such denial shall only remain in effect as long as the
10 summonses remain unanswered, or in the case of an administrative tribu-
11 nal, the registrant fails to comply with the rules and regulations
12 following entry of a final decision.
13 § 1-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
14 and traffic law, as separately amended by section 8-d of chapter 145 and
15 section 11-d of chapter 148 of the laws of 2019, is amended to read as
16 follows:
17 a. If at the time of application for a registration [or renewal there-
18 of] there is a certification from a court or administrative tribunal of
19 appropriate jurisdiction that the registrant or his or her represen-
20 tative failed to appear on the return date or any subsequent adjourned
21 date or failed to comply with the rules and regulations of an adminis-
22 trative tribunal following entry of a final decision in response to
23 three or more summonses or other process, issued within an eighteen
24 month period, charging that such motor vehicle was parked, stopped or
25 standing, or that such motor vehicle was operated for hire by the regis-
26 trant or his or her agent without being licensed as a motor vehicle for
27 hire by the appropriate local authority, in violation of any of the
28 provisions of this chapter or of any law, ordinance, rule or regulation
29 made by a local authority, or the registrant was liable in accordance
30 with section eleven hundred eighty-d of this chapter for violations of
31 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
32 of this chapter, or the registrant was liable in accordance with section
33 eleven hundred eleven-d of this chapter for a violation of subdivision
34 (d) of section eleven hundred eleven of this chapter, or the registrant
35 was liable in accordance with section eleven hundred eleven-e of this
36 chapter for a violation of subdivision (d) of section eleven hundred
37 eleven of this chapter, or the registrant was liable in accordance with
38 section eleven hundred seventy-four-a of this chapter for a violation of
39 section eleven hundred seventy-four of this chapter, the commissioner or
40 his or her agent shall deny the registration [or renewal] application
41 until the applicant provides proof from the court or administrative
42 tribunal wherein the charges are pending that an appearance or answer
43 has been made or in the case of an administrative tribunal that he or
44 she has complied with the rules and regulations of said tribunal follow-
45 ing entry of a final decision. Where an application is denied pursuant
46 to this section, the commissioner may, in his or her discretion, deny a
47 registration [or renewal] application to any other person for the same
48 vehicle and may deny a registration [or renewal] application for any
49 other motor vehicle registered in the name of the applicant where the
50 commissioner has determined that such registrant's intent has been to
51 evade the purposes of this subdivision and where the commissioner has
52 reasonable grounds to believe that such registration [or renewal] will
53 have the effect of defeating the purposes of this subdivision. Such
54 denial shall only remain in effect as long as the summonses remain unan-
55 swered, or in the case of an administrative tribunal, the registrant
S. 5993 9
1 fails to comply with the rules and regulations following entry of a
2 final decision.
3 § 1-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
4 and traffic law, as separately amended by section 8-f of chapter 145 and
5 section 11-f of chapter 148 of the laws of 2019, is amended to read as
6 follows:
7 a. If at the time of application for a registration [or renewal there-
8 of] there is a certification from a court or administrative tribunal of
9 appropriate jurisdiction that the registrant or his or her represen-
10 tative failed to appear on the return date or any subsequent adjourned
11 date or failed to comply with the rules and regulations of an adminis-
12 trative tribunal following entry of a final decision in response to
13 three or more summonses or other process, issued within an eighteen
14 month period, charging that such motor vehicle was parked, stopped or
15 standing, or that such motor vehicle was operated for hire by the regis-
16 trant or his or her agent without being licensed as a motor vehicle for
17 hire by the appropriate local authority, in violation of any of the
18 provisions of this chapter or of any law, ordinance, rule or regulation
19 made by a local authority, or the registrant was liable in accordance
20 with section eleven hundred eighty-d of this chapter for violations of
21 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
22 of this chapter, or the registrant was liable in accordance with section
23 eleven hundred eleven-e of this chapter for a violation of subdivision
24 (d) of section eleven hundred eleven of this chapter, or the registrant
25 was liable in accordance with section eleven hundred seventy-four-a of
26 this chapter for a violation of section eleven hundred seventy-four of
27 this chapter, the commissioner or his or her agent shall deny the regis-
28 tration [or renewal] application until the applicant provides proof from
29 the court or administrative tribunal wherein the charges are pending
30 that an appearance or answer has been made or in the case of an adminis-
31 trative tribunal that he has complied with the rules and regulations of
32 said tribunal following entry of a final decision. Where an application
33 is denied pursuant to this section, the commissioner may, in his or her
34 discretion, deny a registration [or renewal] application to any other
35 person for the same vehicle and may deny a registration [or renewal]
36 application for any other motor vehicle registered in the name of the
37 applicant where the commissioner has determined that such registrant's
38 intent has been to evade the purposes of this subdivision and where the
39 commissioner has reasonable grounds to believe that such registration
40 [or renewal] will have the effect of defeating the purposes of this
41 subdivision. Such denial shall only remain in effect as long as the
42 summonses remain unanswered, or in the case of an administrative tribu-
43 nal, the registrant fails to comply with the rules and regulations
44 following entry of a final decision.
45 § 1-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
46 and traffic law, as separately amended by section 8-g of chapter 145 and
47 section 11-g of chapter 148 of the laws of 2019, is amended to read as
48 follows:
49 a. If at the time of application for a registration [or renewal there-
50 of] there is a certification from a court or administrative tribunal of
51 appropriate jurisdiction that the registrant or his or her represen-
52 tative failed to appear on the return date or any subsequent adjourned
53 date or failed to comply with the rules and regulations of an adminis-
54 trative tribunal following entry of a final decision in response to
55 three or more summonses or other process, issued within an eighteen
56 month period, charging that such motor vehicle was parked, stopped or
S. 5993 10
1 standing, or that such motor vehicle was operated for hire by the regis-
2 trant or his or her agent without being licensed as a motor vehicle for
3 hire by the appropriate local authority, in violation of any of the
4 provisions of this chapter or of any law, ordinance, rule or regulation
5 made by a local authority, or the registrant was liable in accordance
6 with section eleven hundred seventy-four-a of this chapter for a
7 violation of section eleven hundred seventy-four of this chapter, or the
8 registrant was liable in accordance with section eleven hundred eighty-d
9 of this chapter for violations of subdivision (b), (c), (d), (f) or (g)
10 of section eleven hundred eighty of this chapter, the commissioner or
11 his or her agent shall deny the registration [or renewal] application
12 until the applicant provides proof from the court or administrative
13 tribunal wherein the charges are pending that an appearance or answer
14 has been made or in the case of an administrative tribunal that he or
15 she has complied with the rules and regulations of said tribunal follow-
16 ing entry of a final decision. Where an application is denied pursuant
17 to this section, the commissioner may, in his or her discretion, deny a
18 registration [or renewal] application to any other person for the same
19 vehicle and may deny a registration [or renewal] application for any
20 other motor vehicle registered in the name of the applicant where the
21 commissioner has determined that such registrant's intent has been to
22 evade the purposes of this subdivision and where the commissioner has
23 reasonable grounds to believe that such registration [or renewal] will
24 have the effect of defeating the purposes of this subdivision. Such
25 denial shall only remain in effect as long as the summonses remain unan-
26 swered, or in the case of an administrative tribunal, the registrant
27 fails to comply with the rules and regulations following entry of a
28 final decision.
29 § 1-h. Paragraph a of subdivision 5-a of section 401 of the vehicle
30 and traffic law, as separately amended by chapters 339 and 592 of the
31 laws of 1987, is amended to read as follows:
32 a. If at the time of application for a registration or renewal thereof
33 there is a certification from a court or administrative tribunal of
34 appropriate jurisdiction that the registrant or his or her represen-
35 tative failed to appear on the return date or any subsequent adjourned
36 date or failed to comply with the rules and regulations of an adminis-
37 trative tribunal following entry of a final decision in response to
38 three or more summonses or other process, issued within an eighteen
39 month period, charging that such motor vehicle was parked, stopped or
40 standing, or that such motor vehicle was operated for hire by the regis-
41 trant or his or her agent without being licensed as a motor vehicle for
42 hire by the appropriate local authority, in violation of any of the
43 provisions of this chapter or of any law, ordinance, rule or regulation
44 made by a local authority, the commissioner or his or her agent shall
45 deny the registration [or renewal] application until the applicant
46 provides proof from the court or administrative tribunal wherein the
47 charges are pending that an appearance or answer has been made or in the
48 case of an administrative tribunal that he or she has complied with the
49 rules and regulations of said tribunal following entry of a final deci-
50 sion. Where an application is denied pursuant to this section, the
51 commissioner may, in his or her discretion, deny a registration [or
52 renewal] application to any other person for the same vehicle and may
53 deny a registration [or renewal] application for any other motor vehicle
54 registered in the name of the applicant where the commissioner has
55 determined that such registrant's intent has been to evade the purposes
56 of this subdivision and where the commissioner has reasonable grounds to
S. 5993 11
1 believe that such registration [or renewal] will have the effect of
2 defeating the purposes of this subdivision. Such denial shall only
3 remain in effect as long as the summonses remain unanswered, or in the
4 case of an administrative tribunal, the registrant fails to comply with
5 the rules and regulations following entry of a final decision.
6 § 2. Paragraphs a, d and g of subdivision 6 of section 401 of the
7 vehicle and traffic law, paragraph a as amended by section 1 of part G
8 of chapter 59 of the laws of 2009, paragraph d as amended by chapter 385
9 of the laws of 1991, subparagraph (ii) of paragraph d as amended by
10 section 2 of subpart E of part C of chapter 20 of the laws of 2015, and
11 paragraph g as added by chapter 789 of the laws of 1992, are amended to
12 read as follows:
13 a. The following fees shall be paid to the commissioner, or agent,
14 upon the registration [or reregistration] of a motor vehicle, including
15 a suburban, in accordance with the provisions of this article:
16 If such motor vehicle, fully equipped, weighs thirty-five hundred
17 pounds or less, eighty-one cents for each one hundred pounds or major
18 fraction thereof; if such motor vehicle, fully equipped, weighs more
19 than thirty-five hundred pounds, eighty-one cents for each one hundred
20 pounds up to thirty-five hundred pounds, and one dollar and twenty-one
21 cents for each hundred pounds, or major fraction thereof, in excess of
22 thirty-five hundred pounds; provided, however, that the total fees for
23 the registration [or reregistration] of any passenger motor vehicle
24 propelled by electricity shall be sixteen dollars and eighteen cents, of
25 a six, eight, or twelve cylinder motor vehicle not less than sixteen
26 dollars and eighteen cents, and of any other motor vehicle not less than
27 twelve dollars and ninety-five cents; and provided further that for
28 motor vehicles described in subdivision seven of this section, the fee
29 for such registration shall be as therein prescribed. Provided further,
30 however, that the maximum registration fee under this paragraph shall
31 not exceed seventy dollars and eight cents per registration year. For
32 the purposes of this section a "suburban" shall be a motor vehicle with
33 a convertible or interchangeable body or with removable seats, usable
34 for both passenger and delivery purposes, and including motor vehicles,
35 commonly known as station or depot wagons. The manufacturer's weight of
36 motor vehicle shall be accepted as the weight for the purpose of regis-
37 tration under this paragraph.
38 d. (i) In addition to the other fees provided for in this section, the
39 commissioner shall, upon the application for the registration of a motor
40 vehicle [or the renewal thereof], collect the tax authorized by subdivi-
41 sion (g) of section twelve hundred one of the tax law, if a city of one
42 million or more, pursuant to subdivision (h) of section twelve hundred
43 one of such law, enacts a local law providing for the collection of such
44 tax by the commissioner and enters into the required agreement relating
45 thereto.
46 (ii) In addition to the other fees provided for in this section, the
47 commissioner shall, upon the application for the registration of a motor
48 vehicle [or the renewal thereof], collect the tax of the type authorized
49 under subdivision (e) of section twelve hundred one of the tax law, if a
50 county, pursuant to subdivision (c), (e), (f) or (g) of section twelve
51 hundred two of such law, enacts a local law, ordinance or resolution
52 providing for the collection of such tax by the commissioner and enters
53 into the required agreement relating thereto.
54 g. In addition to the other fees provided for in this section, the
55 commissioner shall, upon the application for the registration of a motor
56 vehicle [or the renewal thereof], collect any tax imposed pursuant to
S. 5993 12
1 the authority of chapter one thousand thirty-two of the laws of nineteen
2 hundred sixty, if the city imposing such tax enacts a local law provid-
3 ing for the collection of such tax by the commissioner and enters into
4 the required agreement relating thereto.
5 § 3. The opening paragraph and schedule A of subdivision 7 of section
6 401 of the vehicle and traffic law, the opening paragraph as amended by
7 chapter 55 of the laws of 1992, and schedule A as amended by section 6
8 of part G of chapter 59 of the laws of 2009, are amended to read as
9 follows:
10 Registration fees for auto trucks, tractors, buses, taxicabs, livery
11 and certain other motor vehicles. The registration fees to be paid upon
12 the registration [or reregistration], in accordance with the provisions
13 of this article, of buses, of motor vehicles constructed or specially
14 equipped for the transportation of goods, wares and merchandise, common-
15 ly known as auto trucks or light delivery cars, of taxicabs, livery and
16 of certain other motor vehicles specified herein are hereby established
17 as follows:
18 A. Schedule for buses.
19 For each such vehicle having a seating capacity for passengers of five
20 passengers or less, and meeting the requirements of subdivisions twenty
21 and twenty-one, notwithstanding the capacity limitation of subdivision
22 twenty-one, of section three hundred seventy-five of this chapter, the
23 annual fee of twenty-one dollars and fifty-six cents.
24 For each such vehicle having a seating capacity for passengers of not
25 less than six passengers, nor more than seven passengers, and meeting
26 the requirements of subdivisions twenty and twenty-one, notwithstanding
27 the capacity limitation of subdivision twenty-one, of section three
28 hundred seventy-five of this chapter, the annual fee of thirty-five
29 dollars and twenty-three cents.
30 For each such vehicle having a seating capacity for passengers of not
31 less than eight passengers, nor more than ten passengers, and meeting
32 the requirements of subdivisions twenty and twenty-one, notwithstanding
33 the capacity limitation of subdivision twenty-one, of section three
34 hundred seventy-five of this chapter, the annual fee of forty-three
35 dollars and eighty-five cents.
36 For each such vehicle having a seating capacity for passengers of not
37 less than eleven passengers, nor more than fourteen passengers, and
38 meeting the requirements of subdivisions twenty and twenty-one, notwith-
39 standing the capacity limitation of subdivision twenty-one, of section
40 three hundred seventy-five of this chapter, the annual fee of sixty-one
41 dollars and eighty-one cents.
42 For each such vehicle having a seating capacity for passengers of not
43 less than fifteen passengers, nor more than twenty passengers, the annu-
44 al fee of seventy-four dollars and seventy-five cents.
45 For each such vehicle having a seating capacity for passengers of not
46 less than twenty-one passengers, nor more than twenty-two passengers,
47 the annual fee of seventy-nine dollars and six cents.
48 For each such vehicle having a seating capacity for passengers of not
49 less than twenty-three passengers, nor more than twenty-six passengers,
50 the annual fee of eighty-eight dollars and forty-one cents.
51 For each such vehicle having a seating capacity for passengers of not
52 less than twenty-seven passengers, nor more than thirty passengers, the
53 annual fee of ninety-seven dollars and four cents.
54 For each such vehicle having a seating capacity for passengers in
55 excess of thirty passengers, the fee of ninety-seven dollars and four
56 cents, and the additional fee of two dollars and eighty-eight cents for
S. 5993 13
1 each passenger (measured by seating capacity) in excess of thirty
2 passengers.
3 For the purposes of this schedule, the term "seating capacity for
4 passengers" shall exclude the driver.
5 The words "seating capacity for passengers", as used in this section,
6 shall mean seating capacity for adults. The commissioner shall have
7 authority to determine, for registration purposes, the manner of comput-
8 ing the seating capacity of any vehicle.
9 Provided, however, that in the case of a bus operated entirely by
10 electricity not generated by an engine contained therein the fees to be
11 paid upon registration [or reregistration] thereof shall be fifty per
12 centum in excess of the foregoing rates.
13 The foregoing schedules shall not apply to omnibuses operated pursuant
14 to a franchise or franchises over streets designated in said franchise
15 or franchises wholly within a city or cities, provided the holder of the
16 franchise or franchises pays for the same a percentage of its gross
17 earnings or gross receipts and for any such omnibus, without regard to
18 the seating capacity; nor shall the foregoing schedules apply to omni-
19 buses operated pursuant to a certificate of public convenience and
20 necessity granted under the transportation law and based upon the
21 consent of the local authorities of any city, town or village, other
22 than in the counties of Nassau, Suffolk and Westchester, as required by
23 the transportation corporations law or, in the county of Nassau, based
24 upon the consent of the board of supervisors of such county or of any
25 city or village therein, or of both such county and any city or village
26 therein or, in the counties of Suffolk and Westchester, based upon the
27 consent of the county board of legislators of such counties, as required
28 by chapter eight hundred seventy-nine of the laws of nineteen hundred
29 thirty-six, provided the holder of such local consent pays for the same
30 an annual fee to any such county, city, town or village, and for any
31 such omnibus, without regard to the seating capacity, the annual fee
32 shall be twelve dollars and fifty cents. The foregoing schedules shall
33 not apply to trackless trolleys, but if such omnibus shall not be oper-
34 ated in local transit service pursuant to a certificate of convenience
35 and necessity issued by the commissioner of transportation the foregoing
36 schedule of fees shall apply.
37 § 4. Paragraph 4 of schedule E of subdivision 7 of section 401 of the
38 vehicle and traffic law, as amended by chapter 527 of the laws of 2015,
39 is amended to read as follows:
40 4. An agricultural truck and an agricultural trailer may be registered
41 [or reregistered] for periods of less than one calendar year upon appli-
42 cation forms furnished by the commissioner for such purpose, and the
43 annual fees as provided in this schedule shall be reduced proportionate-
44 ly on a monthly computation basis.
45 § 5. Paragraph a of subdivision 8 of section 401 of the vehicle and
46 traffic law, as amended by section 13 of part G of chapter 59 of the
47 laws of 2009, is amended to read as follows:
48 a. The provisions of this chapter in relation to registration books
49 and registration, certificates of registration, number plates, dupli-
50 cates of certificates and number plates, [times] validity of registra-
51 tion [and reregistration] and the duration thereof, for motor vehicles,
52 shall apply also to trailers. The following fees shall be paid upon the
53 registration [or reregistration] of a trailer, other than a coach or
54 house trailer or a semitrailer, in accordance with the provisions of
55 this article: The annual fee of five dollars and thirty-nine cents for
56 each five hundred pounds or fraction thereof of maximum gross weight but
S. 5993 14
1 in no case shall the annual fee be less than fourteen dollars and thir-
2 ty-eight cents. The following fees shall be paid upon the registration
3 [or reregistration] of a coach or house trailer in accordance with the
4 provisions of this article: The annual fee of one dollar and seventy-
5 three cents for each one hundred pounds or major fraction thereof of
6 unladen weight but in no case shall the annual fee be less than twenty-
7 one dollars and fifty-seven cents. The following fees shall be paid upon
8 the registration [or reregistration] of a semitrailer in accordance with
9 provisions of this article: The annual fee of twenty-eight dollars and
10 seventy-five cents. However, upon the request of the applicant upon the
11 registration [or renewal of a registration] of a nineteen hundred eight-
12 y-nine or later model year semitrailer, such semitrailer may be regis-
13 tered for a period of not less than five and one-half nor more than six
14 and one-half years for a fee of eighty-six dollars and twenty-five
15 cents. A semitrailer, used with any device for converting it to a trail-
16 er, other than one being drawn by a tractor semitrailer combination as
17 part of a double tandem combination, shall be registered as a trailer.
18 For the purposes of this paragraph, the unladen weight of a coach or
19 house trailer shall include the weight of any equipment permanently
20 attached to or installed in such trailer. Notwithstanding the foregoing
21 provisions and pursuant to regulations and limitations to be established
22 by the commissioner and upon payment of a fee of two dollars and thirty
23 cents therefor a temporary permit to move a coach or house trailer on
24 the public highways from one site to another shall be issued to the
25 owner thereof upon application therefor. Such application shall be made
26 in the manner prescribed by the commissioner.
27 § 6. Subdivision 18 of section 401 of the vehicle and traffic law, as
28 amended by section 10 of part C of chapter 62 of the laws of 2003, is
29 amended to read as follows:
30 18. A violation of subdivision one of this section shall be punishable
31 by a fine of not less than seventy-five nor more than three hundred
32 dollars, or by imprisonment for not more than fifteen days, or by both
33 such fine and imprisonment [except, if the violation consists of failure
34 to renew a registration which was valid within sixty days, the fine
35 shall be not less than forty dollars]. A violation of subdivision seven
36 or eight of this section shall be punishable by a fine of not less than
37 one hundred fifty nor more than three hundred seventy-five dollars, or
38 by imprisonment for not more than thirty days, or by both such fine and
39 imprisonment, for the first offense, except where the violation was
40 committed with a vehicle having a maximum gross weight of less than
41 eighteen thousand pounds the violation should be punished by a fine of
42 not less than forty nor more than three hundred seventy-five dollars; by
43 a fine of not less than three hundred seventy-five dollars nor more than
44 seven hundred fifty dollars, or by imprisonment for not more than sixty
45 days, or by both such fine and imprisonment, for the second or subse-
46 quent offense; provided that a sentence or execution thereof for any
47 violation under this subdivision may not be suspended. For any violation
48 of said subdivision seven or eight of this section, the registration of
49 the vehicle may be suspended for a period of not less than ten days nor
50 more than six months whether at the time of the violation the vehicle
51 was in charge of the owner or his agent. The provisions of section five
52 hundred ten of this chapter shall apply to such suspension except as
53 otherwise provided herein.
54 § 7. The fifteenth undesignated paragraph of subdivision 21 of section
55 401 of the vehicle and traffic law, as added by section 3 of part G of
56 chapter 59 of the laws of 2009, is amended to read as follows:
S. 5993 15
1 Notwithstanding any inconsistent provision of this section, eleven
2 dollars and fifty cents of the registration fees collected pursuant to
3 paragraph (a) of subdivision five of section four hundred ten of this
4 title shall be deposited pursuant to this subdivision. Three dollars and
5 fifty cents of such fees collected in relation to applications for new
6 registrations [and renewals of existing registrations] expiring on and
7 after September first, two thousand nine shall be deposited to the cred-
8 it of the dedicated highway and bridge trust fund. Two dollars and fifty
9 cents of such registration fees shall be deposited into the motorcycle
10 safety fund established pursuant to section ninety-two-g of the state
11 finance law.
12 § 8. Subdivisions a, b and h of section 11-809.1 of the administrative
13 code of the city of New York, as added by local law number 57 of the
14 city of New York for the year 1996, are amended to read as follows:
15 a. Notwithstanding any provision of this chapter to the contrary, the
16 tax imposed by this chapter on any commercial motor vehicle with a maxi-
17 mum gross weight of ten thousand pounds or less and on any motor vehicle
18 for transportation of passengers, other than a medallion taxicab, shall
19 be collected by the commissioner of motor vehicles, provided that any
20 such motor vehicle is registered or required to be registered pursuant
21 to any provision of section four hundred one of the vehicle and traffic
22 law. The owner of each such motor vehicle shall pay the tax due thereon
23 to the commissioner of motor vehicles on or before the date upon which
24 such owner registers [or renews the registration] such motor vehicle of
25 such motor vehicle or is required to register [or renew the registra-
26 tion] such motor vehicle thereof pursuant to section four hundred one of
27 the vehicle and traffic law.
28 b. Notwithstanding any provision of section four hundred of the vehi-
29 cle and traffic law to the contrary, payment of the tax with respect to
30 a motor vehicle described in subdivision a of this section shall be a
31 condition precedent to the registration [or renewal thereof] of such
32 motor vehicle and to the issuance of any certificate of registration and
33 plates or removable date tag in accordance with the vehicle and traffic
34 law and the rules and regulations promulgated thereunder, and no such
35 certificate of registration, plates or tag shall be issued unless such
36 tax has been paid. If the registration period applicable to any such
37 vehicle is a period of not less than two years, as a result of the
38 application of the provisions of paragraph c of subdivision five of
39 section four hundred one of the vehicle and traffic law, the tax
40 required to be paid pursuant to this section shall be the annual tax
41 specified in section 11-802 of this chapter multiplied by the number of
42 years in the registration period. The commissioner of motor vehicles,
43 upon payment of the tax pursuant to this section or upon the application
44 of any person exempt therefrom, shall furnish to each taxpayer paying
45 the tax a receipt for such tax and to each other taxpayer or exempt
46 person a statement, document or other form prescribed by the commission-
47 er of motor vehicles, showing that such tax has been paid or is not due
48 with respect to such motor vehicle.
49 h. Notwithstanding any provision of section 11-807 of this chapter to
50 the contrary, at the time a tax is required to be paid to the commis-
51 sioner of motor vehicles pursuant to this section, the person required
52 to pay such tax shall file a return with the commissioner of motor vehi-
53 cles in such form and containing such information as he or she may
54 prescribe. The taxpayer's application for registration [or the renewal
55 thereof] shall constitute the return required under this subdivision
56 unless the commissioner of motor vehicles shall otherwise provide by
S. 5993 16
1 rule. A return filed pursuant to this subdivision with respect to a
2 motor vehicle for a tax year or years shall be in lieu of any return
3 otherwise required to be filed with respect thereto pursuant to section
4 11-807 of this chapter.
5 § 9. Paragraphs a and b of subdivision 1 of section 11-2202 of the
6 administrative code of the city of New York are amended to read as
7 follows:
8 a. Upon each individual resident for each such motor vehicle regis-
9 tered or for which registration is [renewed, or] required to be regis-
10 tered [or renewed] by him or her; and
11 b. Upon each other resident of each such motor vehicle regularly kept,
12 stored, garaged or maintained in the city and registered or required to
13 be registered [or renewed] by such other resident; and
14 § 10. Section 11-2204 of the administrative code of the city of New
15 York is amended to read as follows:
16 § 11-2204 Payment of tax and evidence of tax payment. Every owner of a
17 motor vehicle subject to tax hereunder shall pay the tax thereon to the
18 commissioner of motor vehicles of the state of New York on or before the
19 date upon which he or she registers [or renews his or her registration
20 thereof] or is required to register [or renew his or her registration
21 thereof] pursuant to section four hundred one of the vehicle and traffic
22 law.
23 Notwithstanding the provisions of section four hundred of the vehicle
24 and traffic law to the contrary, the payment of such tax shall be a
25 condition precedent to the registration [or renewal thereof] of such
26 motor vehicle and to the issuance of any certificate of registration and
27 plates or removable tag specified in subdivision three of section four
28 hundred one and in sections four hundred three and four hundred four of
29 the vehicle and traffic law, and no such certificate of registration,
30 plates or tag shall be issued unless such tax has been paid. The commis-
31 sioner of motor vehicles shall not issue a registration certificate for
32 any motor vehicle for which the registrant's address is within any such
33 city, except upon proof, in a form approved by the commissioner of motor
34 vehicles, that such tax has been paid, or is not due, with respect to
35 such motor vehicle. The commissioner of motor vehicles, upon the payment
36 of such tax or upon the application of any person exempt therefrom,
37 shall furnish to each taxpayer paying the tax a receipt for such tax and
38 to each such taxpayer or exempt person a statement, document or other
39 form approved by the commissioner of motor vehicles pursuant to the last
40 sentence, showing that such tax has been paid or is not due, with
41 respect to such motor vehicle.
42 § 11. Subdivision j of section 19-506 of the administrative code of
43 the city of New York, as added by local law number 115 of the city of
44 New York for the year 1993, is amended to read as follows:
45 j. Where the commission or administrative tribunal thereof finds an
46 owner liable for operating a vehicle as a commuter van without an
47 authorization to operate a commuter van service or without a commuter
48 van license, the commission shall notify the [New York state] commis-
49 sioner of motor vehicles pursuant to subparagraph four of paragraph a of
50 subdivision five of section eighty of the [New York state] transporta-
51 tion law of such finding. Upon such notification, the commissioner of
52 motor vehicles, pursuant to such subparagraph four, shall thereupon
53 suspend the registration of such vehicle and shall deny any application
54 for the registration of such vehicle [or any application for the renewal
55 thereof] pursuant to subdivision five-a of section four hundred one of
56 the vehicle and traffic law until such time as the commission may give
S. 5993 17
1 notice that the violation has been corrected to its satisfaction. Oper-
2 ation of any motor vehicle for which the registration has been suspended
3 as herein provided shall constitute a class A misdemeanor. The commis-
4 sion shall also notify the department of finance where it finds an owner
5 liable for operating a vehicle as a commuter van without an authori-
6 zation to operate a commuter van service or without a commuter van
7 license.
8 § 12. Subdivision (g) of section 9110 of the insurance law, as added
9 by chapter 55 of the laws of 1992, is amended to read as follows:
10 (g) The fees imposed by this section shall be applicable to motor
11 vehicles insured under policies issued [or renewed] on or after July
12 first, nineteen hundred ninety-two.
13 § 13. Subdivision (g) of section 1201 of the tax law, as amended by
14 chapter 402 of the laws of 1971, paragraphs 1 and 2 as amended by chap-
15 ter 576 of the laws of 1994, is amended to read as follows:
16 (g) A tax not to exceed fifteen dollars per annum per vehicle to be
17 paid by the owner thereof: (1) for every motor vehicle registered or
18 required to be registered pursuant to subdivision six of section four
19 hundred one of the vehicle and traffic law if such vehicle is owned by
20 (i) one or more natural persons, other than a firm, co-partnership,
21 limited liability company, trustee or trustees conducting a business or
22 association, who, or one of whom: (A) at the time when he makes applica-
23 tion for the registration[, re-registration or renewal thereof] of such
24 motor vehicle is domiciled in the city, unless he maintains no permanent
25 place of abode in the city, maintains a permanent place of abode else-
26 where, and during the period of one year next preceding the date upon
27 which such application is made, spent in the aggregate not more than
28 thirty days in the city, or (B) at the time when he makes such applica-
29 tion, is not domiciled in the city, but maintains a permanent place of
30 abode in the city and, during the period of one year next preceding the
31 date upon which such application is made, spent in the aggregate more
32 than one hundred and eighty-three days in the city, unless such individ-
33 ual is in the armed forces of the United States; or
34 (ii) a person, firm, co-partnership, limited liability company, trus-
35 tee or trustees conducting a business or association, or a corporation
36 who or which at the time when such owner makes application for registra-
37 tion[, re-registration or renewal thereof] of such motor vehicle, regu-
38 larly keeps, stores, garages or maintains such motor vehicle in the
39 city; and
40 (2) for every motor vehicle owned by a person, firm, partnership,
41 limited liability company, association or corporation engaged in the
42 business of renting or leasing motor vehicles to be operated upon the
43 public highways for carrying passengers registered or required to be
44 registered pursuant to any provision of section four hundred one of the
45 vehicle and traffic law, which vehicle at the time when such owner makes
46 application for registration[, re-registration or renewal thereof] is
47 regularly kept, stored, garaged or maintained in the city including such
48 vehicles which have been rented or leased by the owner and are in
49 possession of lessees when such application for registration[, re-regis-
50 tration or renewal] is made.
51 (3) The payment of such tax shall be a condition [precendent] prece-
52 dent to the registration[, re-registration or renewal therof] of such
53 motor vehicle and to the issuance of any certificate of registration and
54 plates or removable date tag specified in subdivision three of section
55 four hundred one and in sections four hundred three and four hundred
56 four of the vehicle and traffic law, and no such certificate of regis-
S. 5993 18
1 tration, plates or tag shall be issued unless such tax has been paid.
2 The commissioner of motor vehicles shall not issue a registration
3 certificate for any motor vehicle for which the registrant's address is
4 within any such city, except upon proof, in a form approved by the
5 commissioner of motor vehicles, that such tax, if imposed by such city,
6 has been paid, or is not due, with respect to such motor vehicle.
7 § 14. Subparagraph 4 of paragraph a of subdivision 5 of section 80 of
8 the transportation law, as amended by chapter 487 of the laws of 1993,
9 is amended to read as follows:
10 (4) Such local law or ordinance shall provide that where such agency
11 or administrative tribunal finds an owner liable for operating a vehicle
12 as a van service or other such common carrier without the operating
13 authority required by such local law or ordinance, such agency or admin-
14 istrative tribunal may notify the commissioner of motor vehicles of such
15 finding and the commissioner shall thereupon suspend the registration of
16 such vehicle and shall deny any application for the registration of such
17 vehicle [or any application for the renewal thereof] pursuant to subdi-
18 vision five-a of section four hundred one of the vehicle and traffic law
19 until such time as such agency or administrative tribunal may give
20 notice that the violation has been corrected to its satisfaction. The
21 procedure on any such suspension shall be the same as in the case of a
22 suspension under the vehicle and traffic law. Operation of any motor
23 vehicle for which the registration has been suspended as herein provided
24 shall constitute a class A misdemeanor.
25 § 15. Paragraph a and subparagraph (i) of paragraph b of subdivision 9
26 of section 140 of the transportation law, paragraph a as amended by
27 section 3 of part III of chapter 59 of the laws of 2019, and subpara-
28 graph (i) of paragraph b as amended by chapter 9 of the laws of 2020,
29 are amended to read as follows:
30 a. If, after notice and opportunity to be heard, the commissioner
31 shall find that any person is operating in violation of the provisions
32 of this section, the commissioner may penalize such person pursuant to
33 subdivision three of section one hundred forty-five of this article. The
34 commissioner may also notify the commissioner of motor vehicles that
35 such person is operating in violation of this section and the commis-
36 sioner of motor vehicles shall thereupon suspend the registration of all
37 motor vehicles owned or operated by such person, with the exception of
38 private passenger automobiles, until such time as the commissioner may
39 give notice that the violation has been satisfactorily adjusted, and the
40 commissioner of motor vehicles may direct any police officer to secure
41 possession of the number plates of such motor vehicles and to return the
42 same to the commissioner of motor vehicles. Failure of the holder or of
43 any person possessing such number plates to deliver such number plates
44 to any police officer who requests the same pursuant to this subdivision
45 shall constitute a misdemeanor. The commissioner of motor vehicles shall
46 have the authority to deny a registration [or renewal] application to
47 any other person for the same vehicle and may deny a registration [or
48 renewal] application for any other motor vehicle registered in the name
49 of the applicant where it has been determined that such registrant's
50 intent has been to evade the purposes of this subdivision and where the
51 commissioner of motor vehicles has reasonable grounds to believe that
52 such registration [or renewal] will have the effect of defeating the
53 purposes of this subdivision. The procedure on any such suspension shall
54 be the same as in the case of a suspension under the vehicle and traffic
55 law. Operation of any motor vehicle while under suspension as herein
56 provided shall constitute a class A misdemeanor. A person who operates a
S. 5993 19
1 motor vehicle while such vehicle is under suspension as provided in this
2 subdivision in a manner that causes the death of another person, knowing
3 that the operation of such vehicle is in violation of this subdivision,
4 shall be guilty of a class E felony.
5 (i) Whenever an altered motor vehicle commonly referred to as a
6 "stretch limousine" has failed an inspection and been placed out-of-ser-
7 vice, the commissioner may direct a police officer or his or her agent
8 to immediately secure possession of the number plates of such vehicle
9 and return the same to the commissioner of motor vehicles. The commis-
10 sioner shall notify the commissioner of motor vehicles to that effect,
11 and the commissioner of motor vehicles shall thereupon suspend the
12 registration of such vehicle until such time as the commissioner gives
13 notice that the out-of-service defect has been satisfactorily adjusted.
14 Provided, however, that the commissioner shall give notice and an oppor-
15 tunity to be heard within not more than thirty days of the suspension.
16 Failure of the holder or of any person possessing such plates to deliver
17 to the commissioner or his or her agent who requests the same pursuant
18 to this paragraph shall be a misdemeanor. The commissioner of motor
19 vehicles shall have the authority to deny a registration [or renewal]
20 application to any other person for the same vehicle where it has been
21 determined that such registrant's intent has been to evade the purposes
22 of this paragraph and where the commissioner of motor vehicles has
23 reasonable grounds to believe that such registration [or renewal] will
24 have the effect of defeating the purposes of this paragraph. The proce-
25 dure on any such suspension shall be the same as in the case of a
26 suspension under the vehicle and traffic law. Operation of such motor
27 vehicle while under suspension as provided in this subdivision shall
28 constitute a class A misdemeanor.
29 § 16. Paragraph (c) of subdivision 1 of section 318 of the vehicle and
30 traffic law, as amended by chapter 781 of the laws of 1983, is amended
31 to read as follows:
32 (c) Suspension shall not be made under this subdivision upon the basis
33 of a lapse or termination of insurance if the registration certificate
34 and number plates of the motor vehicle are surrendered prior to the time
35 at which the termination of insurance becomes effective. Such surrender
36 shall be made to such officers of the department as the commissioner
37 shall direct, but the registrant at his option may surrender the regis-
38 tration and number plates to any county clerk who is acting as an agent
39 of the commissioner pursuant to section two hundred five of this chap-
40 ter. Such county clerk may accept a surrender of registration and number
41 plates and require the payment of a fee of one dollar whether such
42 surrender is made before or after the effective date of termination of
43 insurance. The county clerk shall retain any such fee which may have
44 been collected, and shall return such registration certificates and
45 number plates, or dispose of the same, only as prescribed by the commis-
46 sioner. For the purposes of this section the expiration of a registra-
47 tion [without renewal of such registration] shall be deemed to be a
48 surrender of registration as of the date of expiration.
49 § 17. Subdivision 2 of section 404 of the vehicle and traffic law, as
50 amended by section 22 of part G of chapter 59 of the laws of 2009, is
51 amended to read as follows:
52 2. For purposes of this section, a special number plate shall be a
53 plate which contains not more than eight letters, numerals or any combi-
54 nation thereof and which is reserved by the commissioner for issuance in
55 accordance with the provisions of this section, or a plate reserved for
56 issuance in a series for vehicles owned by public officers, physicians,
S. 5993 20
1 visiting nurses, accredited representatives of the press or other
2 groups. In issuing special number plates the commissioner shall give
3 those applicants who held a special number plate at the time of the
4 enactment of this section the right to retain such special number plate
5 upon the payment of the annual service charge of thirty-one dollars and
6 twenty-five cents. [Provided, however, that such right of retention
7 shall apply only to the first renewal of the registration of such
8 special number plate following the enactment of this section.] Notwith-
9 standing any inconsistent provision of this section, the difference
10 collected between the annual service charge set forth in this subdivi-
11 sion in effect on and after September first, two thousand nine and the
12 annual service charge set forth in this subdivision in effect prior to
13 such date shall be deposited to the credit of the dedicated highway and
14 bridge trust fund.
15 § 18. Paragraph (b) of subdivision 5 of section 404-a of the vehicle
16 and traffic law, as amended by chapter 376 of the laws of 2015, is
17 amended to read as follows:
18 (b) The commissioner may require the applicant for registration to
19 furnish such proof of his or her disability or such proof of disability
20 of such members of his or her family from a physician, physician assist-
21 ant or nurse practitioner, to the extent authorized by law and consist-
22 ent with subdivision three of section six thousand nine hundred two of
23 the education law, or podiatrist pursuant to subdivision four-a of this
24 section or optometrist pursuant to subdivision four-b of this section,
25 as the commissioner deems necessary [either] for [initial] registration
26 [or renewal thereof]; provided, however, that a handicapped or disabled
27 permit issued by a municipality to such applicant pursuant to section
28 twelve hundred three-a of this chapter shall be deemed sufficient proof
29 of disability for purposes of this paragraph.
30 § 19. Subdivision 7 of section 404-a of the vehicle and traffic law,
31 as added by chapter 332 of the laws of 2000, is amended to read as
32 follows:
33 7. Refueling notice. Upon the issuance [or renewal] of a registration
34 pursuant to this section, the commissioner shall notify the registrant
35 of the availability of full service motor vehicle refueling at self
36 service prices as provided for in section three hundred ninety-six-bb of
37 the general business law.
38 § 20. Subdivision 5 of section 404-c of the vehicle and traffic law,
39 as amended by chapter 485 of the laws of 2004, is amended to read as
40 follows:
41 5. Notwithstanding subdivision three of this section and the fees
42 prescribed or permitted by section four hundred one of this article,
43 there shall be no charge for the issuance of a number plate pursuant to
44 this section to a former prisoner of war, nor shall there be imposed an
45 additional service charge for the issuance of such a plate to such a
46 person. Furthermore, upon the issuance of a distinctive plate pursuant
47 to this section, such a former prisoner of war shall be exempt from the
48 payment of any fees relating to the registration [or renewal thereof] as
49 prescribed by section four hundred one of this article.
50 § 21. Section 499-b of the vehicle and traffic law, as added by
51 section 1 of part B of chapter 25 of the laws of 2009, is amended to
52 read as follows:
53 § 499-b. Collection of supplemental fee. All registrants of motor
54 vehicles who reside in the metropolitan commuter transportation district
55 shall pay to the commissioner or his or her agent the supplemental
56 registration fee provided for in this article upon registration [or
S. 5993 21
1 renewal] of motor vehicles subject to registration fees pursuant to the
2 following sections of this chapter: paragraph a of subdivision six of
3 section four hundred one; schedules A, B, C, E, F, G, I and K of subdi-
4 vision seven of section four hundred one; paragraph a of subdivision
5 eight of section four hundred one; paragraph a of subdivision five of
6 section four hundred ten; and section four hundred eleven-b.
7 § 22. Subparagraph (iii) of paragraph b of subdivision 2 of section
8 510 of the vehicle and traffic law, as amended by section 1 of part A of
9 chapter 58 of the laws of 2018, is amended to read as follows:
10 (iii) such registrations shall be suspended when necessary to comply
11 with subdivision nine of section one hundred forty or subdivision four
12 of section one hundred forty-five of the transportation law or with an
13 out of service order issued by the United States department of transpor-
14 tation. The commissioner shall have the authority to deny a registration
15 [or renewal] application to any other person for the same vehicle and
16 may deny a registration [or renewal] application for any other motor
17 vehicle registered in the name of the applicant where it has been deter-
18 mined that such registrant's intent has been to evade the purposes of
19 this subdivision and where the commissioner has reasonable grounds to
20 believe that such registration [or renewal] will have the effect of
21 defeating the purposes of this subdivision. Any suspension issued pursu-
22 ant to this subdivision by reason of an out of service order issued by
23 the United States department of transportation shall remain in effect
24 until such time as the commissioner is notified by the United States
25 department of transportation or the commissioner of transportation that
26 the order resulting in the suspension is no longer in effect.
27 § 23. Subdivision 4-g of section 510 of the vehicle and traffic law,
28 as added by section 3 of part H of chapter 58 of the laws of 2020, is
29 amended to read as follows:
30 4-g. Suspension of registration for unlawful solicitation of ground
31 transportation services at an airport. Upon the receipt of a notifica-
32 tion from a court or an administrative tribunal that an owner of a motor
33 vehicle was convicted of a second conviction of unlawful solicitation of
34 ground transportation services at an airport in violation of subdivision
35 one of section twelve hundred twenty-b of this chapter both of which
36 were committed within a period of eighteen months, the commissioner or
37 his agent shall suspend the registration of the vehicle involved in the
38 violation for a period of ninety days; upon the receipt of such notifi-
39 cation of a third or subsequent conviction for a violation of such
40 subdivision all of which were committed within a period of eighteen
41 months, the commissioner or his agent shall suspend such registration
42 for a period of one hundred eighty days. Such suspension shall take
43 effect no less than thirty days from the date on which notice thereof is
44 sent by the commissioner to the person whose registration or privilege
45 is suspended. The commissioner shall have the authority to deny a regis-
46 tration [or renewal] application to any other person for the same vehi-
47 cle, where it has been determined that such registrant's intent has been
48 to evade the purposes of this subdivision and where the commissioner has
49 reasonable grounds to believe that such registration [or renewal] will
50 have the effect of defeating the purposes of this subdivision.
51 § 24. Subdivision 7 of section 510 of the vehicle and traffic law, as
52 amended by section 5 of part K of chapter 59 of the laws of 2010, is
53 amended to read as follows:
54 7. Miscellaneous provisions. Except as expressly provided, a court
55 conviction shall not be necessary to sustain a revocation or suspension.
56 Revocation or suspension hereunder shall be deemed an administrative act
S. 5993 22
1 reviewable by the supreme court as such. Notice of revocation or suspen-
2 sion, as well as any required notice of hearing, where the holder is not
3 present, may be given by mailing the same in writing to him or her at
4 the address contained in his or her license, certificate of registration
5 or at the current address provided by the United States postal service,
6 as the case may be. Proof of such mailing by certified mail to the hold-
7 er shall be presumptive evidence of the holder's receipt and actual
8 knowledge of such notice. Attendance of witnesses may be compelled by
9 subpoena. Failure of the holder or any other person possessing the
10 license card or number plates, to deliver the same to the suspending or
11 revoking officer is a misdemeanor. Suspending or revoking officers shall
12 place such license cards and number plates in the custody of the commis-
13 sioner except where the commissioner shall otherwise direct. If any
14 person shall fail to deliver a license card or number plates as provided
15 herein, any police officer, bridge and tunnel officer of the Triborough
16 bridge and tunnel authority, or agent of the commissioner having know-
17 ledge of such facts shall have the power to secure possession thereof
18 and return the same to the commissioner, and the commissioner may forth-
19 with direct any police officer, bridge and tunnel officer of the Tribor-
20 ough bridge and tunnel authority, acting pursuant to his or her special
21 duties, or agent of the commissioner to secure possession thereof and to
22 return the same to the commissioner. Failure of the holder or of any
23 person possessing the license card or number plates to deliver to any
24 police officer, bridge and tunnel officer of the Triborough bridge and
25 tunnel authority, or agent of the commissioner who requests the same
26 pursuant to this subdivision shall be a misdemeanor. Notice of revoca-
27 tion or suspension of any license or registration shall be transmitted
28 forthwith by the commissioner to the chief of police of the city or
29 prosecuting officer of the locality in which the person whose license or
30 registration so revoked or suspended resides. [In case any license or
31 registration shall expire before the end of any period for which it has
32 been revoked or suspended, and before it shall have been restored as
33 provided in this chapter, then and in that event any renewal thereof may
34 be withheld until the end of such period of suspension or until restora-
35 tion, as the case may be.]
36 The revocation of a learner's permit shall automatically cancel the
37 application for a license of the holder of such permit.
38 No suspension or revocation of a license or registration shall be made
39 because of a judgment of conviction if the suspending or revoking offi-
40 cer is satisfied that the magistrate who pronounced the judgment failed
41 to comply with subdivision one of section eighteen hundred seven of this
42 chapter. In case a suspension or revocation has been made and the
43 commissioner is satisfied that there was such failure, the commissioner
44 shall restore the license or registration or both as the case may be.
45 § 25. Paragraphs (b) and (c) of subdivision 4 of section 514 of the
46 vehicle and traffic law, paragraph (b) as amended by chapter 163 of the
47 laws of 2008, and paragraph (c) as added by chapter 164 of the laws of
48 1970, are amended to read as follows:
49 (b) Upon such certification, the trial court, the clerk thereof, or
50 the administrative tribunal shall notify the registrant by certified or
51 registered mail, return receipt requested, that the commissioner shall
52 deny the registration [or renewal] application until proof from the
53 court wherein the charges were pending is provided to the commissioner
54 by such court, administrative tribunal, or registrant that such regis-
55 trant has answered or appeared, or in the case of an administrative
56 tribunal provides proof that such registrant has complied with the rules
S. 5993 23
1 and regulations of said tribunal following entry of a final decision.
2 Thereafter and upon the appearance or answer of any such person in
3 response to such summonses the trial court or clerk thereof shall forth-
4 with certify that fact to the registrant, and to the commissioner in a
5 manner and form prescribed by the commissioner. In the case of an admin-
6 istrative tribunal such certification shall be made to the registrant
7 and to the commissioner upon compliance with the rules and regulations
8 of such tribunal. Provided, however, that proof provided to the commis-
9 sioner by a registrant in the form of a certification provided to such
10 registrant pursuant to this paragraph shall have the same effect as
11 proof provided to the commissioner by such court or administrative
12 tribunal.
13 [(c) At least sixty days prior to renewal date the commissioner shall
14 notify the registrant that unless he complies with the provisions of
15 this section as set forth above, his registration or renewal thereof,
16 will be denied.]
17 § 26. Subdivision 3 of section 2261 of the vehicle and traffic law, as
18 added by chapter 869 of the laws of 1976, paragraph (b) as amended by
19 section 19 of part G of chapter 59 of the laws of 2009, is amended to
20 read as follows:
21 3. Fees. (a) The fees for the registration[, renewal, reregistration]
22 or amendment or duplicate of a registration of a limited use automobile
23 shall be the same fees as if such vehicle were registered pursuant to
24 section four hundred one of this chapter.
25 (b) The annual fee for the registration[, renewal, reregistration] or
26 amendment or duplicate of a registration of a limited use motorcycle
27 shall be six dollars and twenty-five cents. Any such registration will
28 commence and expire on dates to be determined by the commissioner. A fee
29 for a registration for periods of more or less than one year shall not
30 be prorated.
31 § 27. This act shall take effect on the one hundred eightieth day
32 after it shall have become a law; provided that:
33 (a) the amendments to paragraph a of subdivision 5-a of section 401 of
34 the vehicle and traffic law made by section one of this act shall not
35 affect the expiration of such paragraph and shall be deemed to expire
36 therewith, when upon such date the provisions of section one-a of this
37 act shall take effect;
38 (b) the amendments to paragraph a of subdivision 5-a of section 401 of
39 the vehicle and traffic law made by section one-a of this act shall not
40 affect the expiration of such paragraph and shall be deemed to expire
41 therewith, when upon such date the provisions of section one-b of this
42 act shall take effect;
43 (c) the amendments to paragraph a of subdivision 5-a of section 401 of
44 the vehicle and traffic law made by section one-b of this act shall not
45 affect the expiration of such paragraph and shall be deemed to expire
46 therewith, when upon such date the provisions of section one-c of this
47 act shall take effect;
48 (d) the amendments to paragraph a of subdivision 5-a of section 401 of
49 the vehicle and traffic law made by section one-c of this act shall not
50 affect the expiration of such paragraph and shall be deemed to expire
51 therewith, when upon such date the provisions of section one-d of this
52 act shall take effect;
53 (e) the amendments to paragraph a of subdivision 5-a of section 401 of
54 the vehicle and traffic law made by section one-d of this act shall not
55 affect the expiration of such paragraph and shall be deemed to expire
S. 5993 24
1 therewith, when upon such date the provisions of section one-e of this
2 act shall take effect;
3 (f) the amendments to paragraph a of subdivision 5-a of section 401 of
4 the vehicle and traffic law made by section one-e of this act shall not
5 affect the expiration of such paragraph and shall be deemed to expire
6 therewith, when upon such date the provisions of section one-f of this
7 act shall take effect;
8 (g) the amendments to paragraph a of subdivision 5-a of section 401 of
9 the vehicle and traffic law made by section one-f of this act shall not
10 affect the expiration of such paragraph and shall be deemed to expire
11 therewith, when upon such date the provisions of section one-g of this
12 act shall take effect; and
13 (h) the amendments to paragraph a of subdivision 5-a of section 401 of
14 the vehicle and traffic law made by section one-g of this act shall not
15 affect the expiration of such paragraph and shall be deemed to expire
16 therewith, when upon such date the provisions of section one-h of this
17 act shall take effect.
18 Effective immediately the addition, amendment and/or repeal of any
19 rule or regulation necessary for the implementation of this act on its
20 effective date are authorized to be made and completed on or before such
21 date.
