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A08057 Summary:

BILL NOA08057
 
SAME ASSAME AS S03874-A
 
SPONSOROtis
 
COSPNSR
 
MLTSPNSR
 
Amd 415 & 416, V & T L
 
Authorizes the issuance of number plates to manufacturers of motor vehicles and relates to the use of such plates.
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A08057 Actions:

BILL NOA08057
 
05/31/2019referred to transportation
06/05/2019reported referred to ways and means
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A08057 Memo:

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.
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A08057 Text:



 
                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

        A. 8057                             2
 
     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

        A. 8057                             3
 
     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

        A. 8057                             4
 
     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.
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