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Article 2 - NY Vehicle and Traffic Law
DEPARTMENT OF MOTOR VEHICLES; COMMISSIONER
Section |
Description |
200 |
Department of motor vehicles; commissioner. |
201 |
Custody of records. |
202 |
Fees for searches and copies of documents. |
202-b |
Penalties for submission of dishonored checks and credit card payments. |
203 |
Oaths and acknowledgments. |
204 |
Subpoenaing hearing referees. |
205 |
County clerks as agents of the commissioner; fees. |
206 |
Deputization of agents. |
207 |
Uniform traffic summons and complaint. |
208 |
Affirmation of complaints. |
209 |
Bureau of motor vehicles abolished; transfer of functions; officers and employees. |
210 |
Highway safety powers and duties. |
211 |
Continuity of authority. |
212 |
Transfer of records and property. |
213 |
Terms occurring in contracts and other documents. |
214 |
Proof of mailing of notice or order. |
215 |
Rules and regulations. |
216 |
Automotive-medical research division. |
216-a |
Statistics on driving while intoxicated. |
217 |
Record of hearings. |
218 |
Special classification of vehicles. |
219 |
Interstate compacts. |
220 |
Exemptions for safety equipment. |
221 |
Annual compilation of this chapter. |
222 |
Exemptions for testing, demonstration or experimentation. |
223 |
Motor vehicle theft prevention program. |
224 |
Simplification of business application procedures and administration. |
224-a |
Establishment of the highway construction and maintenance safety education program. |
S 200. Department of motor vehicles; commissioner. 1. There shall be
in the state government a department of motor vehicles. The head of the
department shall be the commissioner of motor vehicles who shall be
appointed by the governor, by and with the advice and consent of the
senate, and hold office until the end of the term of the appointing
governor and until a successor is appointed and has qualified, and who
shall receive an annual salary within the amount appropriated therefor.
The commissioner of motor vehicles shall have the immediate charge of
the department. The commissioner of motor vehicles may appoint, and at
pleasure remove, such deputy commissioners of motor vehicles,
inspectors, examiners and other assistants and employees of the
department as are deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor vehicles and all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of their duties. All salaries and expenses of the department shall be
paid out of the state treasury on the audit and warrant of the
comptroller on the certificate of the commissioner of motor vehicles.
The principal office of the department shall be in the city of Albany.
Notwithstanding the provisions of section sixty-two of the public
officers law, the commissioner of motor vehicles may designate certain
branch offices of the department to be open to serve the public and
transact business on Saturdays. Such designation by the commissioner of
motor vehicles shall not waive or impair the terms of an existing
agreement negotiated between the state and an employee organization nor
limit any obligation to bargain terms and conditions of employment
pursuant to article fourteen of the civil service law.
* NB Effective until March 29, 2015
* 1. There shall be in the state government a department of motor
vehicles. The head of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the advice
and consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has
qualified, and who shall receive an annual salary within the amount
appropriated therefor. The commissioner of motor vehicles shall have the
immediate charge of the department. The commissioner of motor vehicles
may appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants and employees of
the department as are deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor vehicles and all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of their duties. All salaries and expenses of the department shall be
paid out of the state treasury on the audit and warrant of the
comptroller on the certificate of the commissioner of motor vehicles.
The principal office of the department shall be in the city of Albany.
* NB Effective March 29, 2015
2. (a) The commissioner of motor vehicles may enter into a contract
for the publication of a driver's manual. Such contract may provide for
the sale of advertising by the contractor. A contract for publication of
a driver's manual shall be awarded following consideration of factors
which shall include, but not be limited to, the most favorable financial
advantage for the state, and the greatest utility to the motorist. The
commissioner shall issue a request for proposal for publication of the
driver's manual which shall set requirements for the preparation of
bids; responsibility for preparation and placement of appropriate
advertising content, which shall be limited to no more than thirty
percent of the total space available; approval of the commissioner at
critical stages of the driver's manual development, including
appropriate timetables and schedules; approval of advertising standards
and rates; any securities which shall be required of the contractor and
deadlines for selection of a competent contractor.
(b) On or before February first of each year following enactment
hereof, the department shall submit a report to the director of the
division of the budget detailing any proposed privatization initiatives
it would like to undertake including a summary of each initiative, the
cost savings associated with each initiative and the impact of each
initiative on customer service and departmental staffing levels. Copies
of such report shall be simultaneously filed with the chairpersons of
the senate finance committee and the assembly ways and means committee.
S 201. Custody of records. 1. Documents. The commissioner may destroy:
(a) any application, including supporting documents, for registration
and/or title of a motor vehicle or trailer, other than an application
for renewal of registration, or any notice of a lien on a motor vehicle
or trailer, after such application shall have been on file for a period
of five years;
(b) any application for renewal of a registration which results in the
issuance of a registration renewal of any motor vehicle or trailer, upon
entry of an electronic record of renewal on the files;
(c) any application for a driver's license, including any document
required to be filed with any such application, after such application
shall have been on file for a period of five years;
(d) any application, including supporting documents, for the
registration, other than a renewal of a registration, of a snowmobile
after such application shall have been on file for a period of two
years;
(e) any application for renewal of a registration which results in the
issuance of a registration renewal for any snowmobile, upon the
expiration of the registration renewal issued;
(f) any application, including supporting documents, for registration
and/or title of a motorboat, other than an application for renewal of
registration, or any notice of a lien on a motorboat after such
application shall have been on file for a period of four years;
(g) any application for renewal of a registration which results in the
issuance of a registration renewal for any motorboat, upon the
expiration of the registration renewal issued;
(h) any application, including supporting documents relating to
ownership, for any other registration, license or certificate issued
under this chapter and not specifically otherwise provided for in this
subdivision, after such application shall have been on file for a period
of five years;
(i) (i) any accident reports filed with the commissioner, conviction
certificates, police reports, complaints, satisfied judgment records,
closed suspension and revocation orders, hearing records, other than
audio tape recordings of hearings, significant correspondence relating
to any of the same, and any other record on file after remaining on file
for four years except that if the commissioner shall receive, during the
last year of such period of four years, written notice to retain one or
more of such papers or documents, the same shall be retained for another
four years in addition to said period of four years. The provisions of
this paragraph shall not apply to certificates of conviction filed with
respect to convictions which affect sentencing or administrative action
required by law beyond such four year period. Such certificates may be
destroyed after they have no legal effect on sentencing or
administrative action;
(ii)(A) Notwithstanding the provisions of subparagraph (i) of this
paragraph, the commissioner may destroy any conviction certificates and
closed suspension and revocation orders after remaining on file for:
(1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any driver's license when operating a commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this
chapter, or by the holder of a commercial driver's license when
operating any motor vehicle, who: has refused to submit to a chemical
test pursuant to section eleven hundred ninety-four of this chapter or
has been convicted of any of the following offenses: any violation of
subdivision two, three or four of section eleven hundred ninety-two of
this chapter, any violation of subdivision one or two of section six
hundred of this chapter, any felony involving the use of a motor
vehicle, other than the use of a motor vehicle in the commission of a
felony involving manufacturing, distributing, dispensing a controlled
substance; or the conviction, suspension or revocation involves any of
the following offenses while operating a commercial motor vehicle: any
violation of subdivision five or six of section eleven hundred
ninety-two of this chapter, driving a commercial motor vehicle when as a
result of prior violations committed while operating a commercial motor
vehicle, the driver's commercial driver's license is suspended or
revoked, or has been convicted of causing a fatality through the
negligent operation of a commercial motor vehicle, including but not
limited to the crimes of vehicular manslaughter and criminally negligent
homicide as set forth in article one hundred twenty-five of the penal
law;
(2) fifteen years for violating an out of service order as provided
for in the rules and regulations of the department of transportation
while operating a commercial motor vehicle.
(B) Any conviction arising out of the use of a motor vehicle in the
commission of a felony involving manufacturing, distributing, or
dispensing a controlled substance shall never be destroyed.
(C) The provisions of this subparagraph shall only apply to records
requested by a state, the United States secretary of transportation, the
person who is the subject of the record, or a motor carrier who employs
or who prospectively may employ the person who is the subject of the
record.
(j) audio tape recordings of hearings, two years after such hearing;
provided, however, that audio tape recordings of hearings held pursuant
to section two hundred twenty-seven of this chapter may be destroyed
ninety days after a determination has been made as prescribed in such
section.
(k) any records, including any reproductions or electronically created
images of such records and including any records received by the
commissioner from a court pursuant to paragraph (c) of subdivision ten
of section eleven hundred ninety-two of this chapter or section
forty-nine-b of the navigation law, relating to a finding of a violation
of section eleven hundred ninety-two-a of this chapter or a waiver of
the right to a hearing under section eleven hundred ninety-four-a of
this chapter or a finding of a refusal following a hearing conducted
pursuant to subdivision three of section eleven hundred ninety-four-a of
this chapter or a finding of a violation of section forty-nine-b of the
navigation law or a waiver of the right to a hearing or a finding of
refusal following a hearing conducted pursuant to such section, after
remaining on file for three years after such finding or entry of such
waiver or refusal or until the person that is found to have violated
such section reaches the age of twenty-one, whichever is the greater
period of time. Upon the expiration of the period for destruction of
records pursuant to this paragraph, the entirety of the proceedings
concerning the violation or alleged violation of such section eleven
hundred ninety-two-a of this chapter or such section forty-nine-b of the
navigation law, from the initial stop and detention of the operator to
the entering of a finding and imposition of sanctions pursuant to any
subdivision of section eleven hundred ninety-four-a of this chapter or
of section forty-nine-b of the navigation law shall be deemed a nullity,
and the operator shall be restored, in contemplation of law, to the
status he occupied before the initial stop and prosecution.
2. Reproduction of documents by commissioner. The provisions of
subdivision one of this section shall not prevent the commissioner from
reproducing a copy of any document specified in that subdivision or from
electronically creating and storing an image of any documents maintained
by the department. Such image or reproduction may be designated as the
official departmental record. The original document may be destroyed
after such reproduction or image has been made and filed and the
destruction of the reproduction or image shall be governed by the
provisions of subdivision one of this section.
3. Electronically or mechanically stored records. Any electronically
or mechanically stored record relating to:
(a) certificates of title shall be retained for a period of seven
years from the date of the issuance of the title plus an additional
three consecutive years of inactivity regarding the titled vehicle;
(b) liens and satisfaction of liens shall be retained for one year
from the date of satisfaction;
(c) renewal of the registration of any motor vehicle or trailer shall
be retained for a period of one year from the date of expiration of the
registration issued;
(d) driver's licenses shall be retained for a period of two years from
the date of expiration of the last driver's license issued;
(e) registrations, licenses, or certificates not otherwise provided
for in this subdivision shall be retained for a period of one year from
the date of expiration of the last registration, license or certificate;
(f) documents specified in paragraph (i) of subdivision one of this
section shall be retained until the document itself may be destroyed.
4. Whenever any document referred to in subdivision one of this
section shall have been destroyed, a document produced from the
surviving electronically or mechanically stored data record shall be
considered the original record of such document.
5. Whenever any document referred to in subdivision one of this
section or any record retained in subdivision three of this section has
been retained beyond the required retention period of such document or
record, the document or record shall not be a public record; and, to the
extent that any document referred to in paragraph (k) of subdivision one
of this section has not been destroyed at the expiration of the
retention period set forth therein, such document shall be deemed
destroyed as a matter of law for all purposes upon the expiration of the
retention period.
6. Whenever any document referred to in subdivision one of this
section is filed with this department when it is not required to be
filed and is used by this department for no other purposes, other than
for statistics or research, the document shall not be a public record.
Provided, however, that an accident report filed with this department
when it is not required to be filed shall not be a public record except
as follows: for use by the state or any political subdivision thereof
for no other purposes other than for statistics or research relating to
highway safety; for any lawful purpose by a person to whom such report
pertains or named in such report, or his or her authorized
representative; and, for use by any other person, or his or her
authorized representative, who has demonstrated to the satisfaction of
the commissioner that such person is or may be a party to a civil action
arising out of the conduct described in such accident report.
7. Where a judge or magistrate reports a license suspension or
revocation to the commissioner, following a youthful offender
determination, as is required by section five hundred thirteen of this
chapter, the commissioner shall not make available the finding of the
court of youthful offender status to any person, or public or private
agency.
S 202. Fees for searches and copies of documents. 1. Except in those
cases in which it is provided by law that no fee shall be charged, the
fees for searching the records of the department of motor vehicles kept
pursuant to the provisions of this chapter and for furnishing copies of
documents in said department kept pursuant to the provisions of this
chapter shall be as provided in this section. Provided, however, that
no fee shall be charged any public officer, board or body, volunteer
fire company, volunteer ambulance service, or legal aid bureau or
society or other private entity when acting pursuant to section seven
hundred twenty-two of the county law, for searches or copies of
documents to be used for a public purpose.
2. Fees for searches of records. * (a) The fee for a search which is
made manually by the department shall be ten dollars.
* NB Effective until April 1, 2020
* (a) The fee for a search which is made manually by the department
shall be five dollars.
* NB Effective April 1, 2020
* (b) The fee for a search which is made by direct entry by a
requester who has been approved for such entry by the commissioner shall
be seven dollars.
* NB Effective until April 1, 2020
* (b) The fee for a search which is made by direct entry by a
requester who has been approved for such entry by the commissioner shall
be four dollars.
* NB Effective April 1, 2020
* (c) The fee for a search which is made by means of an electronic
medium which has been prepared by a requester who has been approved for
such service by the commissioner and which is processed by the
department shall be seven dollars.
* NB Effective until April 1, 2020
* (c) The fee for a search which is made by means of an electronic
medium which has been prepared by a requester who has been approved for
such service by the commissioner and which is processed by the
department shall be four dollars.
* NB Effective April 1, 2020
(d) The commissioner may condition approval for direct entry of a
request or use of an electronic medium by a requester upon the
establishment and maintenance of an account with the department with a
minimum balance established by the commissioner from which fees
chargeable to the requester shall be deducted. In addition, the
commissioner shall prescribe the specifications and procedures for use
of electronic media and may establish a minimum and/or a maximum number
of searches which may be contained on any one such electronic medium
submission.
(e) For the purposes of this section, a search shall consist of a
single entry of an acceptable identifier for the purpose of obtaining a
specific category of information relating to a person, vehicle or number
plate. The commissioner shall by regulation define such categories and
identifiers acceptable for such categories. Except as provided in
subdivision three of this section, a search of the record of the
department shall include the furnishing of the information disclosed by
such search, and with respect to searches made manually by the
department, shall include a certification of such record.
3. Fees for copies of documents. The fees for copies of documents,
other than accident reports, shall be one dollar per page. A page shall
consist of either a single or double side of any document. The fee for a
copy of an accident report shall be fifteen dollars. All copies of
documents shall be certified at no additional fee. Whenever search of
records of the department is required in conjunction with a request for
a copy of a document, the fee for such search shall be the fee provided
in paragraph (a) of subdivision two of this section. The result of such
search will be the locating of the document to be copied, or if no
document can be located, a certification to that effect will be the
result of the search.
4. Registration lists and title information. (a) The commissioner
shall have discretion to contract with the highest responsible bidder or
bidders to furnish the registration information specified in this
section from the records of all vehicle registrations from any
registration period, or number of periods not exceeding five years in
the aggregate, with respect to a given territory or information on
titles. In such event, the fees provided by this section shall not apply
to copies of records furnished under any such contract. Any such
contract entered into by the commissioner pursuant to this section shall
not be for a term of more than two years and shall contain language
prohibiting the successful bidder from assigning the contract and from
any use or resale of the information received which use or resale is
contrary to the public policy of this state or is contrary to the public
morals or welfare. In addition, any such sale of registration
information shall be limited to only that part of the vehicle
registration records describing the name and address of the owner of the
vehicle and the make, model, year, weight, body style, number of
passengers and cylinders, fuel, license number, type of registration and
transaction, validation and expiration date and vehicle identification
number of the vehicle.
(b) The commissioner shall notify each vehicle registrant that the
registration information specified in paragraph (a) of this subdivision
has been or will be furnished to the contracting party. The commissioner
shall inform each vehicle registrant when such registrant first makes
application for a vehicle registration or when such registrant applies
to renew an existing vehicle registration how to achieve the deletion of
such information from the contracting party's file. The contract between
the commissioner and the contracting party shall provide that, upon the
request of the registrant made in such manner and in such form as shall
be prescribed by the commissioner, such registration information shall
be deleted from the contracting party's file for all purposes, except:
(i) issuance of manufacturer's warranty, safety recall or similar
notices, or (ii) statistical complications.
(c) Any material violation of the terms of such contract by the
successful bidder not corrected or discontinued within thirty days
following receipt of notice of such violation will automatically cancel
and void its contract with the commissioner and disqualify it from
bidding for the five successive years following such cancellation.
(d) Any contract authorized by this section shall be subject to the
provisions of article nine of the state finance law.
(e) The commissioner may from time to time require that the
contracting party pursuant to this section submit written reports, in
form satisfactory to the commissioner, concerning the use of such
registration or title information.
5. Miscellaneous charges. The commissioner upon request may furnish
copies of documents and records of searches by means other than first
class mail upon prior payment of any additional cost involved in such
transmission. Where the cost of such requested transmission cannot be
readily determined before transmission, the commissioner may establish a
reasonable fee to cover the cost of such transmission. Nothing herein
shall be construed to require the commissioner to provide such service.
S 202-b. Penalties for submission of dishonored checks and credit card
payments. (a) A thirty-five dollar penalty fee shall be charged to any
person who has submitted a check to the commissioner or his or her agent
as payment for any license, permit or registration or any other type of
fee for any type of transaction as required by this chapter and such
check has been dishonored. Such thirty-five dollar penalty shall be
added to the amount due to the commissioner. In addition, any or all
licenses, permits or registrations issued in the name of such person may
be suspended and, if a suspension has been issued, any other transaction
in the name of such person with this department may be prohibited until
full satisfaction of the amount due to the commissioner and the
thirty-five dollar penalty fee is paid to the commissioner. No such
suspension shall be issued until thirty days after notification that the
check has been dishonored is mailed to such person. If satisfaction is
made within thirty days from the date of mailing of such notification,
no suspension shall be issued. (b) In any case where a person has made a
credit card payment to the commissioner or his or her agent as payment
for any license, permit or registration or any other type of fee for any
type of transaction as required by this chapter, and such credit card
payment is contested and is not honored by the credit card company, any
other transaction in the name of such person with the department may be
prohibited, upon at least thirty days notice, until full satisfaction of
the amount due to the commissioner has been paid.
S 203. Oaths and acknowledgments. The commissioner of motor vehicles,
a deputy commissioner, an assistant deputy commissioner or a motor
vehicle referee shall have power to administer oaths and take affidavits
and acknowledgments in relation to any matter or proceeding in the
exercise of the powers or the performance of the duties of the
commissioner under this chapter. Any officer or employee of the
department of motor vehicles, designated for that purpose by the
commissioner of motor vehicles, or any assistant to a county clerk as
may be designated by such county clerk, shall have power to take any
affidavit or acknowledgment which any person is required to file with
the department of motor vehicles.
S 204. Subpoenaing hearing referees. No officer or employee of the
department of motor vehicles who has conducted a hearing concerning an
owner or operator of a motor vehicle or motorcycle shall be required to
appear in any court as a witness in a civil action in which such owner
or operator is a party except pursuant to a subpoena signed by a judge
of a court of record, or a judge of the court in which the action is
pending, issued upon an application to such judge after, at least, one
day's notice to the commissioner or a deputy commissioner of motor
vehicles.
S 205. County clerks as agents of the commissioner; fees. 1. The clerk
of each county, except the counties of Rockland, Albany, Westchester,
Suffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond and New York,
shall act as the agent of the commissioner in the registration of motor
vehicles, motorcycles, and when directed by the commissioner
snowmobiles, vessels and all terrain vehicles, and in the issuance of
certificates thereof and number plates therefor, in receiving documents
relating to certificates of title, and unless and until the commissioner
shall otherwise direct in any county, in the issuance of non-driver
identification cards and drivers' licenses upon the certification of
inspectors, and motor vehicle enforcement transactions. Each such agent
shall remit to the commissioner all fees collected by him for
registrations, licenses, identification cards and transfers or relating
to certificates of title, except as hereinafter provided, together with
a complete record of such registrations, identification cards and
licenses issued and transfers made, in accordance with the procedure
prescribed by the commissioner, and with all documents relating to
certificates of title received and such record thereof as the
commissioner prescribes.
2. The commissioner may authorize such county clerk to establish one
or more temporary branch offices within the county, when deemed
necessary, to issue certificates of registration, and number plates
therefor for motor vehicles, motorcycles, snowmobiles and vessels or the
renewal or issuance of non-driver identification cards and drivers'
licenses on certification of inspectors or to receive documents relating
to certificates of title. The work in such temporary branch offices
shall be performed by one or more employees of the clerk's office
designated for the purpose without additional compensation. The expenses
actually and necessarily incurred by the county clerk or such employees
shall be a charge against the county.
3. Each such county clerk shall retain from fees collected for any
motor vehicle related service described in subdivision one of this
section processed by such county clerk an amount based on a percentage
of gross receipts collected. For purposes of this section, the term
"gross receipts" shall include all fines, fees and penalties collected
pursuant to this chapter by a county clerk acting as agent of the
commissioner, but shall not include any state or local sales or
compensating use taxes imposed under or pursuant to the authority of
articles twenty-eight and twenty-nine of the tax law and collected by
such clerk on behalf of the commissioner of taxation and finance. The
retention percentage shall be 12.7 percent and shall take effect April
first, nineteen hundred ninety-nine; provided, however, the retention
percentage shall be thirty percent of the thirty dollar fee established
in paragraph (e) of subdivision two of section four hundred ninety-one
and paragraph f-one of subdivision two of section five hundred three of
this chapter.
3-a. In addition to the fees retained pursuant to subdivision three of
this section, each county clerk acting as the agent of the commissioner
pursuant to subdivision one of this section shall retain four percent of
"enhanced internet and electronic partner revenue" collected by the
commissioner. For the purposes of this subdivision, "enhanced internet
and electronic partner revenue" shall mean the amount of gross receipts
attributable to all transactions conducted on the internet by residents
of such county and by designated partners of the department on behalf of
such residents for the current calendar year that exceeds the amount of
such revenue collected by the commissioner during calendar year two
thousand eleven. The commissioner shall certify the amounts to be
retained by each county clerk pursuant to this subdivision. Provided,
however, that if the aggregate amount of fees retained by county clerks
pursuant to this subdivision in calendar years two thousand twelve and
two thousand thirteen combined exceeds eighty-eight million five hundred
thousand dollars, then the percentage of fees to be retained thereafter
shall be reduced to a percentage that, if applied to the fees collected
during calendar years two thousand twelve and two thousand thirteen
combined, would have resulted in an aggregate retention of eighty-eight
million five hundred thousand dollars or 2.5 percent of enhanced
internet and electronic partner revenue, whichever is higher. If the
aggregate amount of fees retained by county clerks pursuant to this
subdivision in calendar years two thousand twelve and two thousand
thirteen combined is less than eighty-eight million five hundred
thousand dollars, then the percentage of fees to be retained thereafter
shall be increased to a percentage that, if applied to the fees
collected during calendar years two thousand twelve and two thousand
thirteen combined, would have resulted in an aggregate retention of
eighty-eight million five hundred thousand dollars, or six percent of
enhanced internet and electronic partner revenue, whichever is less. On
and after April first, two thousand sixteen, the percent of enhanced
internet and electronic partner revenue to be retained by county clerks
shall be the average of the annual percentages that were in effect
between April first, two thousand twelve and March thirty-first, two
thousand sixteen.
4. The commissioner may prescribe minimum staff requirements to be
maintained by county clerks for the performance of their duties as
agents of the commissioner. No such staff requirements shall require
expenditures in excess of the amount of the percentage of gross receipts
retained by any county or county clerk pursuant to subdivision three of
this section.
5. For registration renewals pursuant to subdivision two of section
four hundred three of this chapter, the commissioner shall reimburse
each county clerk the actual postage expense incurred by such clerk in
mailing a number plate or plates to a registrant, provided that mailing
of such number plate or plates has been done in a manner prescribed by
the commissioner.
S 206. Deputization of agents. The commissioner may, in his
discretion, deputize any person to act for the commissioner, subject to
rules and limitations prescribed by him, for the purpose of issuing or
renewing licenses, registrations and number plates. Any such license,
registration or number plate so issued or renewed shall be subject to
cancellation by the commissioner, if improperly issued. Such deputies
shall not receive compensation from the state under this section, and no
fee in addition to the fees prescribed by law shall be charged any
applicant unless such fee has been approved by the commissioner. The
commissioner may, without a hearing, revoke at any time the authority
granted to any person under this section.
S 207. Uniform traffic summons and complaint. 1. Except as otherwise
provided, the commissioner shall be authorized to prescribe the form of
summons and complaint in all cases involving a violation of any
provision of this chapter, including section twelve hundred three-c, or
of any provision of the tax law or of the transportation law regulating
traffic, or of any ordinance, rule or regulation relating to traffic,
and to establish procedures for proper administrative controls over the
disposition thereof. The commissioner is not authorized to prescribe the
form of summons and complaint for parking, stopping or standing
violations or a violation of article forty-seven or forty-eight of this
chapter.
2. The chief executive officer of each local police force including
county, town, city and village police departments, sheriffs, and the
superintendent of state police shall prepare or cause to be prepared
such records and reports as may be prescribed hereunder.
3. The commissioner shall have the power from time to time to adopt
such rules and regulations as may be necessary to accomplish the
purposes and enforce the provisions of this section including
requirements for reporting by trial courts having jurisdiction over
traffic violations.
4. The provisions of this section shall not apply to or supersede any
ordinance, rule or regulation heretofore or hereafter made, adopted or
prescribed pursuant to law in any city having a population of one
million or over, and the commissioner may limit the application of any
rule or regulation to exclude specified violations based upon conditions
or factors making differentiation or separate classification necessary
or desirable.
5. Any person who disposes of any uniform traffic summons and
complaint in any manner other than that prescribed by law shall be
guilty of a misdemeanor.
S 208. Affirmation of complaints. Where a traffic summons has been
served by a police officer, police cadet or bridge and tunnel officers
employed by the triborough bridge and tunnel authority in cases of
violations of any provision of this chapter, except title eleven, or of
any ordinance, rule or regulation enacted pursuant thereto or pursuant
to any other law relating to traffic, any chief, deputy chief, captain,
lieutenant or acting lieutenant, or sergeant or acting sergeant of a
police department, or any sheriff, undersheriff, chief deputy, deputy
sergeant or deputy in charge of a road patrol maintained by any sheriff
in any county to whom the service of the traffic summons is reported, is
hereby authorized to administer to such police officer, police cadet or
bridge and tunnel officer employed by the triborough bridge and tunnel
authority all necessary oaths in connection with the execution of the
complaint to be presented in court by such police officer, police cadet
or bridge and tunnel officer employed by the triborough bridge and
tunnel authority in the prosecution of such offense, but a complaint
need not be verified provided it shall be affirmed under penalty of
perjury.
S 209. Bureau of motor vehicles abolished; transfer of functions;
officers and employees. The bureau of motor vehicles in the department
of taxation and finance is hereby abolished. The functions, powers and
duties of the bureau of motor vehicles in the department of taxation and
finance are hereby assigned to the department of motor vehicles. Each
deputy commissioner in the bureau of motor vehicles in the department of
taxation and finance shall continue in office as deputy commissioner in
the department of motor vehicles and shall serve during the pleasure of
the commissioner. All civil service employees in the existing bureau of
motor vehicles in the department of taxation and finance, in service at
the time this section takes effect, shall retain their present civil
service classification and be transferred to the department of motor
vehicles without further examination or classification, and such
employees shall perform such duties therein as may be assigned to them
by the commissioner.
S 210. Highway safety powers and duties. The commissioner of motor
vehicles shall have power to:
1. Formulate uniform highway safety programs and coordinate the
efforts of all interested individuals and agencies engaged in
safety-education.
2. Conduct a highway safety and driver training program, in
conjunction with any interested public or private agencies, as an aid to
the national defense.
S 211. Continuity of authority. The department of motor vehicles shall
be deemed to constitute a continuation of the powers and duties of the
bureau of motor vehicles in the department of taxation and finance and
not a new authority for the purpose of succession to the rights, powers
and duties and obligations hereby assigned to the department.
S 212. Transfer of records and property. All books, papers and records
of the bureau of motor vehicles in the department of taxation and
finance shall be transmitted to the department of motor vehicles and the
commissioner shall take possession thereof.
S 213. Terms occurring in contracts and other documents. Whenever the
bureau of motor vehicles in the department of taxation and finance is
referred to or designated in any contract or document, such reference or
designation shall be deemed to mean and refer to the department of motor
vehicles.
S 214. Proof of mailing of notice or order. The production of a copy
of a notice or order issued by the department, together with an
electronically-generated record of entry of such order or notice upon
the appropriate driver's license or registration file of the department
and an affidavit by an employee designated by the commissioner as having
responsibility for the issuance of such order or notice issued by the
department setting forth the procedure for the issuance and the mailing
of such notice or order at the address of such person on file with the
department or at the current address provided by the United States
postal service shall be presumptive evidence that such notice of
suspension, revocation or order was produced and mailed in accordance
with such procedures. The foregoing procedure shall not preclude the use
of an affidavit of service by mail, a certificate of mailing or proof of
certified or registered mail as proof of mailing of any such order or
notice.
S 215. Rules and regulations. (a) General. Subject to and in
conformity with the provisions of the vehicle and traffic law and the
constitution and laws of the state, the commissioner may enact, amend
and repeal rules and regulations which shall regulate and control the
exercise of the powers of the department and the performance of the
duties of officers, agents and other employees thereof.
(b) Vehicle equipment. If the commissioner and the attorney general
shall determine that any provision of this chapter relating to required
vehicle equipment has been preempted by a federal regulation or
standard, the commissioner may, in his discretion, promulgate a
regulation governing such item or items of equipment, in a manner
consistent with such federal regulation or standard. Such regulation,
when filed with the secretary of state, shall supersede the provisions
of this chapter relating to the same item or items of equipment,
provided that such regulation shall only remain in force and effect
until thirty days after the next adjournment of a regular session of the
legislature provided, however, that the authority to promulgate such
regulation shall only be exercised if the federal regulation or standard
involved does not take effect at a time when the legislature is in
regular session, and the commissioner's regulation is promulgated and
takes effect prior to the next ensuing regular session of the
legislature.
(c) The commissioner shall determine the degree to which an
identification card issued to veterans by the United States department
of veterans affairs may be used as proof of name and/or age for the
purpose of obtaining a driver's license or non-driver identification
card under this chapter.
S 216 Automotive-medical research division. The commissioner shall
establish an automotive-medical research division with such facilities
and such expert assistants as are necessary to do medical and
engineering research in the field of motor vehicle safety. The
commissioner shall from time to time make reports and recommendations to
the governor, and the legislature on the findings and studies of the
agency. The commissioner shall be empowered to contract with the
department of health for medical research necessary to carry out the
purposes of this section, and, subject to the provisions of the state
finance law, to take and administer for the state any grant, gift or
bequest to be applied, principal or income, or both, for the purposes
specified in such grant, to the maintenance and operation of a research
program under this section.
S 216-a. Statistics on driving while intoxicated. 1. The commissioner
shall collect and analyze statistical information and data with respect
to: (i) the number of persons charged with violating any of the
provisions of section eleven hundred ninety-two of this chapter
prohibiting the operation of a motor vehicle while under the influence
of alcohol or drugs, or the provisions of section eleven hundred
ninety-two-a of this chapter prohibiting persons under the age of
twenty-one from operating a motor vehicle after having consumed alcohol,
or the provisions of section forty-nine-b of the navigation law
prohibiting persons under the age of twenty-one from operating a vessel
after having consumed alcohol; and (ii) the disposition of such charge
and (iii) if a conviction or finding was had thereon, the category of
the offense for which such conviction or finding was had, whether it
resulted from a plea of guilty or after trial or after a hearing before
a hearing officer and the sentence thereon; and (iv) such other
information as the commissioner shall deem relevant. Provided, however,
that nothing herein shall be deemed to authorize the reporting or
collecting of any information relating to the identity of any person so
charged, and no such information shall be so reported to or collected by
the commissioner except for the purposes of assisting courts or hearing
officers in the suspension of licenses pursuant to sections five hundred
ten and five hundred fourteen of this chapter or the suspension of
operating privileges pursuant to section forty-nine-b of the navigation
law, and no such information may be disseminated except to such courts
or hearing officers.
2. The commissioner shall from time to time make reports and
recommendations to the governor and the legislature based upon the
compilation and analysis of the information and data made pursuant to
this section.
S 217. Record of hearings. At any hearing held by the commissioner, or
a person deputized by him to conduct a hearing to determine whether any
license or registration issued pursuant to this chapter or any privilege
of operating or privilege of operation should be suspended or revoked, a
mechanical or electronic recording device may be used for the making of
a record of the proceedings.
S 218. Special classification of vehicles. Notwithstanding any other
provision of this chapter, any vehicle or class of vehicles may, by
regulation of the commissioner, be added to or exempted from any of the
definitions or classifications contained in this chapter, where such
addition or exemption is deemed, in his discretion, either necessary,
desirable or equitable because of the particular characteristics of such
vehicle or class of vehicles; provided, however, that no vehicle which
is exempted from registration by any provision of this chapter may be
reclassified pursuant to this section to require registration, and no
vehicle which is specifically enumerated in schedule F of subdivision
seven of section four hundred one of this chapter may be reclassified
pursuant to this section to require registration at an increased fee.
S 219. Interstate compacts. Whenever any provision of this chapter
shall provide for or establish a compact or reciprocal recognition of
vehicle registrations with another state or states, the governor or
commissioner may enter into a written agreement or compact with any
state authorized to be a party to such compact or affected by such
reciprocal provisions, provided that the conditions and terms of such
agreement or compact are consistent with the provisions of this chapter
pertaining to such compact or reciprocal recognition of vehicle
registrations.
S 220. Exemptions for safety equipment. (1) Notwithstanding any other
provision of this chapter or other law, whether general, special or
local, the commissioner may permit the installation and use of any item
of equipment which he, in his discretion, determines will either reduce
accidents, injuries and fatalities, or otherwise contribute to highway
safety.
(2) Where an exemption is granted pursuant to the provisions of
subdivision one, the commissioner may, by regulation, establish
standards for the manufacture and use of any equipment for which the
exemption is granted.
S 221. Annual compilation of this chapter. The commissioner shall
cause to be published by the department, and make available to the
public, an annual paperback compilation of all of the provisions of this
chapter. The commissioner shall establish a reasonable fee, chargeable
on a per copy basis, sufficient to cover the cost of preparation and
distribution of such books.
S 222. Exemptions for testing, demonstration or experimentation. The
commissioner, upon application of a person, or upon his own application,
may grant an exemption from any requirement of this chapter relating to
registration or equipment to any designated vehicle for the purpose of
testing, demonstration or experimentation. Any such exemption shall be
limited to specific areas and times, and such exemptions shall be
evidenced by a certificate issued by the commissioner or his designated
agent, which certificate shall contain a description of the vehicle, the
exemptions granted, and the areas and times to which the exemptions
apply. For the purposes of this section, testing, demonstration or
experimentation shall be limited to such activities being performed at
the request of, or with the consent of a governmental agency. For the
purposes of articles six, seven and eight of this chapter, a certificate
issued pursuant to this section shall be deemed to be a registration,
and all the provisions of articles six, seven and eight of this chapter
with regard to proof of financial security at the time of registration
and all the penalties found in said articles with respect to the failure
to maintain such financial security shall apply to vehicles for which a
certificate is issued pursuant to this section.
S 223. Motor vehicle theft prevention program. 1. The commissioner is
hereby authorized and directed to establish a motor vehicle theft
prevention program within the department which shall have trained motor
vehicle investigators and police officers participating in it.
2. It shall be the duty of such investigators to conduct detailed
investigations, in cooperation with law enforcement officials, of those
entities which may be possible sources for the disposal of stolen
vehicles or major component parts; to determine the reliability of
applicants required to be registered under provisions of the vehicle and
traffic law; to provide assistance to law enforcement personnel in
determining sources of outlets for stolen motor vehicles and stolen
motor vehicle parts; to cooperate with law enforcement personnel
relative to the investigation of organized motor vehicle theft rings; to
examine motor vehicles prior to the issuance of a New York state motor
vehicle title at the discretion of the commissioner; and to inspect
motor vehicles for which a notice of acquisition is required to be filed
pursuant to section four hundred twenty-nine of this chapter whenever
such a vehicle is to be registered for use upon the public highway.
3. The commissioner, in consultation with the commissioner of the
division of criminal justice services, shall establish a motor vehicle
theft prevention program to be known as the " Watch Your Car Program,"
which shall include the issuance of official decals to identify motor
vehicles that are not normally operated between the hours of 1:00 A.M.
and 5:00 A.M. Participation in the program shall be voluntary in nature
and shall involve the following:
(a) In the presence of a duly authorized police officer in any law
enforcement agency participating in such program, the registered owner
of a motor vehicle shall sign an informed consent statement indicating
that the motor vehicle registered to such owner is not normally operated
between the hours of 1:00 A.M. and 5:00 A.M. The form of such informed
consent statement shall be promulgated by the commissioner after
consultation with the commissioner of the division of criminal justice
services.
(b) (i) Upon signing such informed consent statement, the registered
owner shall be issued decals approved by the commissioner and such
decals shall be affixed to the owner's vehicle in a conspicuous place as
prescribed by the commissioner. The decals shall be issued by the law
enforcement agency participating in the program.
(ii) The law enforcement agency issuing the decals shall make a record
of the decals issued to each registered owner. Such records shall be
maintained by the law enforcement agencies participating in the program
and shall be available to the commissioner, to the superintendent of
state police, to the commissioner of the division of criminal justice
services and to law enforcement agencies.
(c) Informed consent statement forms shall be available at all
participating law enforcement agencies throughout the state. The
commissioner may accept the format used for the decal and application
used by local police officials in municipalities that implemented such
programs prior to the effective date of this subdivision.
4. The commissioner shall, no later than January first, nineteen
hundred eighty-two, submit to the governor and the legislature a report
on the results and operation of the motor vehicle theft prevention
program.
5. The expenses incurred by the commissioner in implementing the motor
vehicle theft prevention program created by this section shall be funded
from revenues collected pursuant to sections four hundred fifteen-a,
four hundred twenty-one, subdivision five of section four hundred
twenty-three-a and four hundred thirty of this chapter.
S 224. Simplification of business application procedures and
administration. 1. For the purposes of reducing the amount of paperwork
required of businesses which are licensed or registered pursuant to this
chapter, and to provide for the most efficient servicing of such
businesses, the commissioner shall, to the extent administratively
feasible, provide that: (i) applications for licenses or registrations,
or renewals thereof, to be issued pursuant to sections three hundred
three, three hundred ninety-eight-c, four hundred fifteen and four
hundred fifteen-a of this chapter simultaneously made by the same entity
shall be made on one application, (ii) all such licenses and
registrations issued to the same entity shall expire at the same time,
and (iii) the expiration dates for all licensees and registrants subject
to such sections shall be staggered as effectively as possible over a
two year period.
2. The provisions of the sections set forth in subdivision one of this
section shall be construed to achieve the purposes enunciated in that
subdivision.
3. Notwithstanding any other provisions of this chapter, only one
original application fee shall be required of the same applicant who
simultaneously makes application for the issuance of more than one
license or registration pursuant to section three hundred three, three
hundred ninety-eight-c, four hundred fifteen or four hundred fifteen-a
of this chapter. Such fee shall be the highest application fee for any
one of the licenses or registrations being applied for.
S 224-a. Establishment of the highway construction and maintenance
safety education program. 1. The commissioner of transportation, after
consultation with the commissioner of the department, shall promulgate
rules and regulations regarding the establishment and implementation of
a highway construction and maintenance safety education program. The
highway construction and maintenance safety education program shall be
established for the purpose of providing education, advocacy and
increased awareness of laws pertaining to protecting the safety of
highway construction and maintenance workers. The program shall provide
funding for activities such as public service announcements, public
education and awareness campaigns, distribution of literature, and any
other activities that are consistent with such purposes.
2. It shall be the duty of the commissioner of transportation to make
a biennial report to the governor, the temporary president of the senate
and the speaker of the assembly which shall be due on the first of April
every second year following implementation of the program and shall
include an assessment of the effectiveness of the program,
recommendations for expanding or improving the program and any problems
or other matters related to the administration of the program.
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