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Article 47 - NY Vehicle and Traffic Law
REGISTRATION OF SNOWMOBILES
S 2220. Jurisdiction of department. The registration of snowmobiles
shall be under the jurisdiction of the department.
S 2221. Definitions. For the purposes of this article, the following
terms shall have the following meanings.
1. Snowmobile. Any self-propelled vehicle designed for travel on snow
or ice, steered by skis or runners and supported in whole or in part by
one or more skis, belts or cleats.
2. Cowling. The forward portion of the snowmobile usually surrounding
the motor and clutch assembly.
3. Dealer. Any person engaged in the business of selling snowmobiles
at wholesale or retail.
S 2222. Registration. 1. Except as hereinafter provided, no person
shall operate any snowmobile within the state unless such snowmobile has
been registered and numbered in accordance with the provisions of this
article, and the registration number for such snowmobile is in full
force and effect and displayed as hereinafter provided.
2. The commissioner is authorized to register a snowmobile, issue a
registration certificate and assign a registration number to such
snowmobile. All such registrations shall be valid until the thirty-first
day of August following the date of such registration; except that
registrations issued between the first day of April and the thirty-first
day of August, inclusive, shall be valid until the thirty-first day of
August in the following year; and unless, prior to expiration of the
period of registration, it is surrendered, cancelled, revoked or
suspended pursuant to the provisions of this article.
3. A number once assigned under this section shall remain with the
registered snowmobile until the snowmobile is destroyed, abandoned or
permanently removed from the state, or until changed or terminated by
the commissioner.
4. Fees. Fees for registration of snowmobiles, to be collected by the
commissioner under this article, are as follows:
(a) A fee of ten dollars for each individual resident registration.
(b) A fee of ten dollars for each individual nonresident registration.
(c) A fee of fifty dollars for each two-year dealer registration.
(d) A fee of five dollars for each additional dealer demonstrator
registration number.
(e) A fee of one dollar for replacement of a lost, mutilated or
destroyed certificate.
4-a. Additional fee. In addition to the other fees provided for in
paragraphs (a), (b) and (c) of subdivision four of this section the
commissioner shall, upon application in such cases for the registration
of a snowmobile or the renewal thereof, collect the annual ninety dollar
fee for residents and ninety dollar fee for nonresidents and a
thirty-five dollar fee for residents and thirty-five dollar fee for
nonresidents who provide proof, at the time of registration, that such
individual is a member of an organized New York state snowmobile club
that is a member of the New York state snowmobile association or is a
member of an organized New York state snowmobile club that is a trail
maintenance entity and a member of the New York state snowmobile
association which are imposed by section 21.07 of the parks, recreation
and historic preservation law. In the event that an individual seeking
snowmobile club membership is unable, for any reason, to secure such
club membership, he or she may contact the New York state snowmobile
association, who shall secure such membership for such person. This fee
shall also be collected from dealers at the time of original
registration and at the time of each renewal. The commissioner shall
effectuate regulations regarding what is required as proof of membership
in an organized New York state snowmobile club that is a trail
maintenance entity and a member of the New York state snowmobile
association for the purposes of this subdivision.
5. Application. The owner of each snowmobile requiring registration
under this section shall present an application for registration to the
commissioner, on a blank to be prepared and furnished by the
commissioner for that purpose. Such application shall contain or be
accompanied by such evidence of the ownership of the snowmobile
described in the application as may be required by the commissioner.
6. Dealers. Any person who is a dealer shall register as a dealer. The
commissioner, upon receipt of an application and the required fee, shall
assign a distinctive dealer registration number to the registrant and
issue an appropriate registration certificate to him and assign two
dealer demonstrator registration numbers and upon the payment of the
appropriate fee, such additional numbers as shall be requested. Dealer
registrations and dealer demonstrator registration numbers shall not be
transferable.
7. Renewal. After payment of the registration fees as provided in
subdivisions four and four-a of this section, every owner of a
snowmobile shall renew his or her registration annually on or before
September first of each year and every dealer shall renew his or her
registration biennially in such form and manner as the commissioner
shall prescribe. If a dealer registration is issued for a period of more
or less than two years, the fee for such registration shall be prorated
on a monthly basis.
8. The validating date tag. At the time of the original registration
and at the time of each annual renewal thereof, the commissioner shall
also issue to said registrant a date tag or tags indicating the validity
of the current registration and the expiration date thereof, which
validating date tag or tags should be affixed to the snowmobile in such
manner as the commissioner may prescribe. Notwithstanding the fact that
a snowmobile has been assigned an identifying number, it shall not be
considered as validly registered within the meaning of this section
unless a validating date tag and current registration certificate have
been issued.
9. Denial of current registration. In the event that a snowmobile
sought to be registered or re-registered does not, after inspection and
testing, comply with the provisions respecting equipment established by
section 25.17 of the parks and recreation law or by the regulations of
the commissioner promulgated pursuant to this title, the commissioner
may deny the issuance of a validating date tag and current certificate
of registration.
10. Snowmobiles owned by governmental agencies. A registration number
shall be assigned, without payment of a fee, for snowmobiles owned by
governmental agencies, or by volunteer organizations if used exclusively
for emergency purposes, provided that each such snowmobile shall display
the proper registration number assigned to it.
11. Exemption. No registrations shall be required for the following
described snowmobiles:
(a) Snowmobiles owned and used by the United States.
(b) Snowmobiles covered by a valid registration or license of another
state, province or country, as provided in subdivision twelve of this
section.
(c) Snowmobiles operated on lands owned by the owner of such
snowmobile, or on lands to which such owner has a contractual right
other than as a member of a club or association provided (i) the
snowmobile is not operated elsewhere within the state, and (ii) no
consideration, either direct or indirect, is paid to the owner of the
snowmobile with respect to such operation.
12. Out of state snowmobile registration. The registration provisions
of this article shall apply to non-resident owners of snowmobiles used
in New York state as provided for by the commissioner except when their
snowmobile is used on trails which proceed along a New York state border
and which, occasionally as dictated by the terrain, cross into another
state, in which such snowmobile is registered; such cross border trails
on which nonresident owned snowmobiles may proceed without New York
state registration shall be designated by the state commissioner of the
office of parks, recreation and historic preservation as provided in
section 25.04 of the parks, recreation and historic preservation law and
he shall publish such trail designation in the New York state register
and other publications accessible to the snowmobiling public. Such
non-resident registration applications shall be made available at the
place of business of all registered dealers and by mail from the
department. Nothing in this subdivision shall be construed to authorize
the operation of any snowmobile contrary to the provisions of this
article.
13. State aid. The Lake George park commission shall be entitled to
receive state aid in an amount relating to the percentage of fees
collected under this section that can be estimated to be attributed to
snowmobile use within the Lake George park. The amount of such aid shall
be annually determined by the commissioner of parks, recreation and
historic preservation and the director of the budget.
14. Registration at time of sale. Snowmobiles sold by dealers shall be
registered at the time of sale of such snowmobile. Such registration
shall be valid until the thirty-first day of August following the date
of such sale; provided however that snowmobiles sold after April first
of each year shall be issued a registration valid until the thirty-first
day of August in the year following that in which the snowmobile is
sold. Snowmobiles purchased to be used in accordance with paragraph (c)
of subdivision eleven of this section or for use exclusively outside of
the state of New York shall not require registration at the time of
purchase, and the purchaser of such snowmobile shall sign a declaration,
provided by the dealer, which shall state that such purchaser
understands the conditions under which a snowmobile must be registered
and the penalty for violation of such registration provisions; the form
of such declaration shall be provided by the commissioner to each dealer
and shall be forwarded to the commissioner.
S 2223. Display of registration numbers. 1. The registration numbers
assigned to a snowmobile shall be displayed on the vehicle at all times
in such manner as the commissioner may, by regulation, prescribe. No
number other than the number assigned to a snowmobile by the
commissioner or the identification number of the registration in another
state should be painted, attached or otherwise displayed on either side
of the cowling, except that racing numbers on a snowmobile being
operated in special events, approved by the commissioner of parks and
recreation, may be temporarily displayed for the duration of the race.
2. Dealer demonstrator registration numbers shall conform to the
requirements set forth in subdivision one of this section with the
exception that the numbers assigned may be printed upon or attached to a
removable plaque or plaques to be temporarily but firmly affixed to the
snowmobile being demonstrated or tested.
3. Numbers issued to dealers and manufacturers for the purpose of
demonstration or testing shall be used exclusively for these purposes
and no other use is permitted.
S 2224. Registration record. Upon receipt of a sufficient application
for registration of a snowmobile, as provided in this article, the
commissioner shall enter upon the records of the department the
registration of such vehicle under the distinctive number assigned to
such snowmobile as provided in this article.
S 2225. Certificate of registration. 1. Certificate. Upon the filing
of the application and payment of the fee as provided in this article,
the commissioner shall assign to such snowmobile a distinctive number,
and, without further expense to the applicant, issue a certificate of
registration, in such manner and form as the commissioner shall
prescribe. In the event of the loss, mutilation or destruction of any
certificate of registration, the owner of the registered snowmobile may
file such statement and proof of the facts as the commissioner shall
require with a fee of one dollar, with the department, for the issuance
of a duplicate or substitute.
2. Carrying certificate. Every person operating a snowmobile
registered in accordance with any of the provisions of this article
shall, upon demand of any magistrate, police officer or peace officer,
when acting pursuant to his special duties, produce for inspection the
certificate of registration for such snowmobile and shall furnish to
such person any information necessary for the identification of such
snowmobile and its owner. The failure to produce the certificate of
registration as provided herein shall not be an offense, but shall be
presumptive evidence of operating a snowmobile which is not registered
as required by this article.
3. Change of residence. It shall be the duty of every owner holding a
certificate of registration to notify the department, in writing, of any
change of residence of such owner within fifteen days after such change
occurs, and to inscribe on such certificate, in the place provided a
record of such change of residence.
4. Change of ownership. Whenever a snowmobile is transferred or its
use discontinued, the registration portion of the certificate of
registration shall be properly signed and executed by the owner showing
that the ownership of the snowmobile has been transferred or its use
discontinued and such certificate shall be returned to the department
within fifteen days after such transfer or discontinuance. In the case
of transfer, the new owner shall apply for a new certificate by
completing an application for registration, using the original number
issued for such snowmobile. Such application shall be submitted to the
department together with the renewal or transfer of the old certificate
of registration, properly signed by the previous owner, and the required
fee of five dollars. The renewal or transfer of the old certificate of
registration, properly signed by the previous owner, shall constitute a
temporary registration for such new owner for a period determined by the
commissioner from the date such snowmobile was transferred to the new
owner. In the event that such snowmobile was purchased from a registered
dealer, the application must be accompanied by a dealer's form,
numbered, completed and signed by the dealer or his agent and signed by
the new owner, as prescribed by the commissioner.
5. Destruction, theft or removal from state. It shall be the duty of
every owner of a snowmobile registered pursuant to the provisions of
this article to notify the department, in writing, of the destruction,
theft or permanent removal of such snowmobile from the state, within
fifteen days of acquiring knowledge thereof. In the event of destruction
or theft, the certificate of registration shall be surrendered with such
notice.
S 2226. Licensing by municipalities. No municipality shall require
licensing or registration of snowmobiles which are covered by the
provisions of this article; nor shall it require possession of a valid
motor vehicle operator's license as a condition for the operation of a
snowmobile on lands owned or controlled by such municipality. Nothing
herein shall prohibit the requirement of a permit by the agency having
jurisdiction over any state or local park for use of snowmobiles on such
park lands. No charge for such use may be made, except the usual charge,
if any, for admission to such park, parking privileges or services
provided.
S 2227. Rules and regulations. The commissioner shall make such rules
and regulations as he may deem necessary to carry out the provisions of
this article.
S 2228. Special events. Snowmobiles operated at special events
approved by the commissioner of parks and recreation pursuant to section
25.11 of parks and recreation law shall be exempt from the provisions of
this article concerning registration.
S 2229. Snowmobile, not a motor vehicle. Notwithstanding its limited
use on highways, a snowmobile shall not be determined a motor vehicle
within the meaning of section one hundred twenty-five of this chapter or
any other successor statutes.
S 2230. Suspension and revocation of registrations; offenses;
penalties. 1. The commissioner may suspend or revoke a registration
issued pursuant to the provisions of this article, upon satisfactory
proof of a violation of any provision of this article, or of the parks,
recreation and historic preservation law at the request of the
commissioner of parks, recreation and historic preservation, or of any
rule, regulation, order, local law or ordinance adopted or promulgated
pursuant thereto. Such suspension or revocation shall be issued only
after a hearing unless such a hearing is waived by the registrant. Upon
said suspension or revocation, all rights and privileges accruing to
such registrant shall terminate.
2. Any person who violates any provision of this article or regulation
adopted pursuant thereto shall be guilty of a violation punishable by a
fine of two hundred dollars, and one-half of such fine shall be
deposited in the snowmobile trail development and maintenance fund as
set forth in section 21.07 of the parks, recreation and historic
preservation law.
S 2231. Disposition of fees. The commissioner shall deposit all monies
received by him from the registration of snowmobiles and other services
provided by the department and all fees otherwise collected by him under
this article to the credit of the general fund except that additional
fees imposed by section 21.07 of the parks, recreation and historic
preservation law received by the commissioner pursuant to section two
thousand two hundred twenty-two of this chapter shall be deposited to
the credit of the snowmobile trail development and maintenance fund and
that monies allocated to the Lake George park commission shall be
deposited to the credit of the Lake George park trust fund pursuant to
section ninety-seven-h of the state finance law.
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