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Article 14A - NY Vehicle and Traffic Law
APPORTIONMENT OR ALLOCATION OF REGISTRATION FEE AGREEMENT
S 405. Authority to enter into agreements. The commissioner is
authorized and empowered to enter into a reciprocal agreement or
agreements on behalf of this state with the duly authorized
representatives of any state of the United States, the District of
Columbia, or a state or province of a foreign country, or territory or
possession of either the United States or of a foreign country to become
a member of the international registration plan, or such other
designation that may, from time to time, be given to such plan,
developed by the American association of motor vehicle administrators
for the purpose of providing for the registration of vehicles on an
apportionment or allocation basis.
S 405-a. Application of article. The provisions of the succeeding
sections of this article shall take effect when this state enters into
an agreement pursuant to the authority granted in section four hundred
five of this article and shall remain in effect only so long as this
state is a party to such an agreement.
S 405-b. Administration of agreement. The commissioner may: 1. Accept
applications for registrations, trip permits and any other document
which he may be empowered to issue under any agreement authorized by
section four hundred five of this article;
2. Collect from any applicant any and all fees required to be paid
either to this state or to any other jurisdiction which is a party to
such agreement;
3. Provide for the crediting of fees previously paid for the unexpired
portion of a registration when a conversion is made from a registration
issued under article fourteen of this chapter to a registration issued
under such agreement;
4. Accept any fees which are due to this state under any such
agreement which are paid to any other jurisdiction or agency and which
have been transmitted to him pursuant to any such agreement;
5. Pay or authorize the payment of any moneys collected by him on
behalf of any other jurisdiction which is party to such agreement to
such other jurisdictions;
6. Issue any number plate or plates, cab card, trip permit or any
other document which he is authorized to issue under such agreement;
7. Appoint agents to act for him in the issuance of trip permits,
provided that such agents shall not receive compensation from the state;
and
8. By regulation establish limitations upon the period of validity of
any trip permit issued for operation in this state or the number of such
permits which may be issued to any vehicle or applicant.
S 405-c. Fees. 1. The schedules of annual registration fees set forth
in section four hundred one of this chapter shall constitute the
schedules of registration fees applicable to vehicles registered in
accordance with the provisions of any agreement entered into pursuant to
the authority granted in section four hundred five of this article.
Notwithstanding the provisions of section four hundred one of this
chapter, proration of fees due to this state for a registration issued
for a period of more or less than one year shall be prorated on a
monthly basis and any portion of a month shall be considered a month. In
addition, registration fees shall be subject to proration and
apportionment as provided in any such agreement.
2. In addition to the registration fees provided in subdivision one of
this section, each applicant for such registration shall pay a fee of
two dollars and fifty cents for each cab card, including a duplicate,
issued by the commissioner in accordance with such agreement. If a
number plate or plates is or are to be issued as a result of such
application, the applicant shall also pay any fee which would be
required of any applicant for registration of a similar type vehicle
under section four hundred one of this title for the issuance of a
number plate or plates.
3. The fee for a trip permit which allows operation of a vehicle
within this state shall be eighteen dollars and seventy-five cents.
4. Notwithstanding any inconsistent provision of this section, the
difference collected between the fees set forth in subdivisions two and
three of this section in effect on and after September first, two
thousand nine and the fees set forth in such subdivisions in effect
prior to such date shall be deposited to the credit of the dedicated
highway and bridge trust fund.
S 405-d. Registration period. The registration period for any vehicle
registered pursuant to this article shall take effect and expire on
dates determined by the commissioner after consultation with appropriate
representatives of the commercial trucking industry in New York state.
S 405-e. Effect of issuance. 1. Any vehicle for which a registration
has been validly issued by another jurisdiction which is a member of any
agreement entered into pursuant to the authority granted in section four
hundred five of this article and for which a cab card which indicates
that operation in this state is permitted under the agreement has been
validly issued, shall be deemed for the purposes of article fourteen of
this chapter to be registered in accordance with the provisions of this
article, provided a proper number plate or plates is or are affixed to
the vehicle and the cab card is carried in such vehicle and is displayed
upon the lawful request of a police officer or peace officer acting
pursuant to his special duties.
2. Any vehicle for which a trip permit which indicates that operation
in this state is permitted has been validly issued under such agreement
shall be deemed for the purposes of article fourteen of this chapter to
be registered in accordance with the provisions of that article,
provided a number plate or plates is or are affixed to the vehicle and
such trip permit is carried in or on the vehicle and is displayed upon
the lawful request of a police officer or peace officer acting pursuant
to his special duties.
3. Notwithstanding the provisions of subdivisions one and two of this
section, a vehicle owned by a non-resident of this state shall not be
deemed to be required to be registered in this state for the purposes of
article forty-six of this chapter, the uniform vehicle certificate of
title act.
S 405-f. Disposition of fees. 1. Except as otherwise herein provided
the provisions of section four hundred twenty-seven of this chapter
shall not apply to any fee collected in accordance with the provisions
of any agreement entered into pursuant to the authority granted in
section four hundred five of this article.
2. The commissioner shall deposit all fees collected or accepted by
him under this article in a responsible bank, banking house or trust
company in the city of Albany which shall pay the highest rate of
interest to the state for such deposit to the credit of the comptroller
on account of the International Registration Plan. Every such bank,
banking house or trust company shall execute and file in the office of
the department of audit and control an undertaking to the state, in the
sum, and with such sureties, as are required and approved by the
comptroller for the safekeeping and prompt payment on legal demand
therefor of all such moneys held by or on deposit in such bank, banking
house or trust company, with interest thereon on daily balances at such
rate as the comptroller may fix. Every such undertaking shall have
endorsed thereon or annexed thereto the approval of the attorney general
as to its form. The comptroller shall on the first day of each month
make a verified return to the department of taxation and finance, of all
fees received by him under this chapter during the preceding calendar
month.
3. The commissioner shall at least on a quarterly basis determine the
amount of fees in such account collected on behalf of and due and owing
to other jurisdictions which are members of the agreement and certify
the same to the comptroller. The comptroller shall then pay to the
appropriate official of each such jurisdiction the amount of fees due to
each such jurisdiction.
4. The comptroller, after reserving an amount sufficient to pay any
refund under this article approved by the commissioner and by him and an
amount, if any, that may be required to make payments to other
jurisdictions pursuant to subdivision three of this section, shall on or
before the tenth day of each month pay into the general fund of the
state treasury the balance to his credit in such bank, banking house or
trust company on account of fees collected under this article at the
close of business on the last day of the month preceding the date of
such payment.
5. The amount paid into the general fund pursuant to subdivision four
of this section shall be deemed to be registration fees collected
pursuant to article fourteen of this chapter and shall be subject to the
provisions of law applicable to the disposition of such fees.
S 405-g. Refunds. 1. The provisions of section four hundred
twenty-eight of this chapter shall not apply to refunds of fees paid in
accordance with the provisions of any agreement entered into pursuant to
authority granted in section four hundred five of this article.
2. Any fee paid directly to the commissioner for the registration of a
vehicle for operation within this state under the provisions of this
article which is to be paid into the general fund pursuant to section
four hundred five-f of this article shall be refunded, less the sum of
five dollars, provided that the commissioner is satisfied that the
registration has not been used and all number plates, cab cards, and
other documents have been surrendered to the commissioner within two
months after the date the fee was paid or the beginning of the
registration period for which the registration was issued, whichever
comes later and application therefor is filed with the commissioner
within the period of validity for which such registration was issued.
3. Any fee paid to any other jurisdiction on behalf of this state for
operation of a vehicle within this state which has been forwarded to the
commissioner by that jurisdiction shall be refunded less the sum of five
dollars provided the jurisdiction which collected the fee has refunded
to the applicant any fee collected by that jurisdiction on its behalf
and any number plate, cab card or other document affecting operation in
this state has been surrendered to such jurisdiction and the
commissioner is satisfied that any such plate, cab card or other
document has not been used within this state and an application for
refund is made within the period of validity for which such registration
was issued.
4. Where a refund of any part of a registration fee is made pursuant
to the foregoing provisions of this section, the registration shall
thereupon be automatically cancelled.
5. No fee paid for a trip permit for a cab card or for a number plate
or plates shall be refunded.
6. Money paid for fees in conjunction with an application for
registration under this article in excess of the amounts required by law
may be refunded subject to approval of the commissioner provided
application therefor is filed with the commissioner within one year
after the date the fee was paid or on or before the expiration of the
registration for which such fee was paid or within one year after
issuance of an audit report indicating such excess payment whichever
occurs later.
S 405-h. Effect on reciprocal recognition of registrations and other
reciprocity or proration agreements. 1. The provisions of article
fourteen-B of this chapter and of paragraph (b) of subdivision three of
section two hundred fifty of this chapter shall be applicable only with
respect to jurisdictions which are not parties to any agreement this
state has entered into pursuant to the authority granted in section four
hundred five of this article.
2. Except as otherwise provided in this section, the provisions of
section two hundred fifty of this chapter governing reciprocal
recognition of registrations shall apply to any vehicle not covered by
any agreement entered into by this state pursuant to the authority
granted in section four hundred five of this article.
S 405-i. Regulatory authority. The commissioner is authorized to
promulgate rules and regulations to implement the administration of any
agreement entered into pursuant to the authority granted in section four
hundred five of this article.
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