New York State Law

Vehicle and Traffic Law

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Article 12 - NY Vehicle and Traffic Law

OTHER PROVISIONS

Section Description
390Inspection of motor vehicles and motorcycles.
391Rates of toll on motor vehicles.
392False statements, alteration of records or substitution in connection with any examination.
392-aSale or purchase of stolen, false or fraudulent license, identification card, certificate of registration, or number plate.
392-bPowers of motor vehicle investigators.
393Measurement and weight of vehicles; responsibility for damages.
393-aInspection of commercial motor vehicles exceeding ten thousand pounds manufacturers' gross vehicle weight rating.
394Drivers' schools.
395Certain private service bureaus to be licensed.
396Use of state and other seals and insignia on private vehicles prohibited.
397Equipping motor vehicles with radio receiving sets capable of receiving signals on the frequencies allocated for police use.
397-aRadar detectors and laser detectors prohibited.
397-bVehicle leases that are not sales or security interests.
S 390. Inspection   of   motor   vehicles   and   motorcycles.     The
  superintendent of state police shall cause inspection to be made of  the
  motor  vehicles  and  motorcycles  operating  on  the public highways to
  detect inadequacy of equipment, overloading and other violations of  law
  governing  the  use  of  the  public  highways  by  motor  vehicles  and
  motorcycles.

  S 391. Rates of toll on motor vehicles.  Where a different rate is not
  otherwise  prescribed  or  permitted  by  law, any person or corporation
  maintaining a plank road, turnpike road or  bridge  and  authorized,  or
  which shall be hereafter authorized, to receive tolls for the passage of
  motor  vehicles over the same, may charge and receive for each and every
  motor vehicle propelled by any power other than  animal  power,  passing
  over  the same, a toll rate not greater than the maximum rate allowed by
  law to be charged and received for the passage of a vehicle  drawn  over
  such  road  or  bridge  by  two  animals,  provided  that for such motor
  vehicles designed to carry only two persons the rate of toll charged  or
  received  shall not exceed the maximum rate allowed by law to be charged
  and received for the passage of  a  vehicle  drawn  over  such  road  or
  bridge, without a load, by a single animal.

  S 392. False  statements,  alteration  of  records  or substitution in
  connection with any examination. Any person  knowingly  making  a  false
  statement  in an application for any document issued by the commissioner
  or in any proof or statement in  writing  in  connection  with  such  an
  application,  or  who  shall  deceive  or substitute or cause another to
  deceive or substitute in connection with any examination  hereunder,  or
  who shall wilfully alter a number plate (except for restoration purposes
  pursuant  to schedule G of subdivision seven of section four hundred one
  of this chapter), or make a material alteration on any  document  issued
  pursuant  to  this  chapter,  or unlawfully use a validating device on a
  certificate of registration, license or any other form, shall be  guilty
  of  a misdemeanor. A person who operates a motor vehicle upon the public
  highway displaying or using any document that he or she knows  has  been
  obtained in violation of this section, shall be guilty of a misdemeanor.
  Nothing  contained  in  this  section shall prohibit the imposition of a
  charge of any other offense set forth  in  this  chapter  or  any  other
  provision of law for any acts arising out of the same incident.

  S 392-a. Sale  or  purchase  of  stolen,  false or fraudulent license,
  identification card, certificate of registration,  or  number  plate.  A
  person  who knowingly sells or offers to sell or buys or offers to buy a
  false, fraudulent or stolen license, identification card, certificate of
  registration or number plate, shall be guilty  of  a  misdemeanor  as  a
  first  offense  and  a  class E felony as a second or subsequent offense
  committed within ten years of the prior offense.

  S 392-b. Powers  of  motor vehicle investigators. Investigators of the
  department of motor vehicles during the course of and actual performance
  of their official duties shall have all the powers of peace officers, as
  set forth in section 2.20 of the criminal procedure law.

   S 393. Measurement and weight of vehicles; responsibility for damages.
  Any  peace officer in this state, acting pursuant to his special duties,
  police officer or employee of the department of  transportation,  having
  reason  to  believe  that any vehicle registered under the provisions of
  subdivision seven or eight of section four hundred one or  described  in
  section three hundred eighty-five of this chapter or the load thereon is
  unlawful is authorized to stop, measure and weigh the same on any public
  highway  by  means  of  portable  or stationary measures and scales. Any
  peace officer in this state, acting pursuant to his special  duties,  or
  police  officer  may  require  that  such vehicle shall be driven to the
  nearest scales in the event such scales are within three miles,  and  if
  he  finds  that such vehicle is loaded in violation of the provisions of
  said subdivision seven or eight of section four hundred one  or  section
  three  hundred eighty-five, he shall cause the excess load to be removed
  from such vehicle; and all material or goods so removed shall be removed
  and cared for by the owner or operator of such vehicle at  the  risk  of
  such  owner or operator of such vehicle; provided further that the owner
  and operator of any vehicle unlawfully operated or moved on any highway,
  or over any bridge or culvert in any highway, and  the  carrier  in  the
  conduct  of whose business such vehicle is being operated at the time of
  violation, if such vehicle is then being  operated  in  the  conduct  of
  business  of a motor carrier, shall be jointly and severally responsible
  for all damages to such highway, bridge or culvert, as the result of the
  movement thereover of any vehicle, the weight or size of which  violates
  any  of  the  provisions  of said section three hundred eighty-five. The
  department of transportation,  in  the  case  of  highways,  bridges  or
  culverts  under  its jurisdiction, and the authority having jurisdiction
  thereover, in the case of highways, bridges or culverts situated  within
  municipalities, may bring such civil action or actions against the owner
  and  operator of the vehicle or the motor carrier as may be necessary to
  recover the damages sustained; and all funds recovered by the department
  of transportation in behalf of the state shall  be  paid  to  the  state
  treasurer  to  the  credit of the fund available for the maintenance and
  repair  of  state  highways,  and  funds  recovered  in  behalf   of   a
  municipality  shall  be  applied  in improving the highways, bridges and
  culverts in such municipality.

  S 393-a. Inspection   of   commercial  motor  vehicles  exceeding  ten
  thousand pounds manufacturers' gross vehicle weight rating.  Any  police
  officer  having  lawfully  stopped  a  commercial  motor  vehicle with a
  manufacturers' gross vehicle weight rating in  excess  of  ten  thousand
  pounds  for  the purpose of conducting a motor carrier safety inspection
  may, when necessary to insure the safety of  the  officer,  the  vehicle
  occupants and the motoring public, require that the vehicle be driven to
  the  nearest  safe  inspection  site  designated  by  such officer. Such
  location designated by the police officer shall not exceed a distance of
  five miles from the place where the vehicle was stopped.

  S 394. Drivers' schools. 1. Definitions. As used in this section:
    (a)  "Drivers'  school"  means  the business of giving instruction for
  hire in driving motor vehicles or motorcycles.
    (b) "Person" includes an individual, firm,  corporation,  partnership,
  joint venture, joint adventurer or association.
    (c)  "Place  of  business"  means  a  designated location at which the
  business of a drivers' school is transacted and its records kept.
    2. License. No person shall engage in the  business  of  conducting  a
  drivers'  school  without being the holder of a license for such purpose
  issued by the  commissioner.  An  application  for  license  under  this
  section  shall  be  filed  with  the commissioner and shall contain such
  information as he shall  prescribe.  Every  such  application  shall  be
  accompanied  by  an  application fee of fifty dollars, which shall in no
  event be refunded. If an application is approved  by  the  commissioner,
  the  applicant upon the payment of an additional fee of five dollars for
  each month or fraction thereof from the date of issuance to the date  of
  expiration  prescribed  by the commissioner, but in no event more than a
  total of fifty dollars, shall be granted a license which shall be  valid
  until  such date of expiration. The annual fee for renewal thereof shall
  be fifty dollars. Upon renewal, the commissioner may in  his  discretion
  issue  a  license  which shall be valid for up to a two-year period. The
  fee for a two-year renewal  shall  be  one  hundred  dollars.  Fees  for
  renewal  of a license valid for a period of less than two years shall be
  prorated on a quarterly basis and any portion  of  a  quarter  shall  be
  considered a quarter. The commissioner shall issue a license certificate
  to  each licensee, which certificate shall be conspicuously displayed in
  the place of business of the licensee. In case of the  loss,  mutilation
  or  destruction of a license certificate, the commissioner shall issue a
  duplicate thereof upon proof of the facts and payment of a  fee  of  two
  dollars.
    3.  Place  of  business. (a) No license shall be issued, nor shall any
  renewal of a license be made, for conducting a drivers' school in a city
  having a population of two hundred fifty thousand or more  according  to
  the  latest  federal census, unless the place of business of such school
  is located  in  a  store,  office  or  portion  of  a  building  devoted
  exclusively to nonresidential use.
    (b)  No license shall be issued, nor shall any renewal of a license be
  made for conducting a drivers' school in a city having a  population  of
  fifty  thousand  or  more according to the latest federal census, if the
  place of business of such school or branch thereof,  is  within  fifteen
  hundred feet of a building owned or leased by the state, the county or a
  city,  in  which  motor vehicle registrations or licenses to drive motor
  vehicles are issued to the public. The said distance of fifteen  hundred
  feet  shall  be  measured  along the public streets by the nearest route
  from such place of business, or branch thereof, to such building.
    4.  Refusal  to  issue  a  license.  The  commissioner  may  deny  the
  application  of  any  person  for  a  license, if, in his discretion, he
  determines that:
    (a) Such applicant has made a material false statement or concealed  a
  material fact in connection with his application;
    (b)  Such applicant, any officer, director, stockholder or partner, or
  any other person directly or indirectly interested in the  business  was
  the  former holder, or was an officer, director, stockholder or partner,
  in a corporation or  partnership  which  was  the  former  holder  of  a
  drivers'   school   license  which  was  revoked  or  suspended  by  the
  commissioner;
    (c) Such applicant or any  officer,  director,  stockholder,  partner,
  employee,  or  any other person directly or indirectly interested in the
  business has been convicted of a  felony,  or  of  any  crime  involving
  violence, dishonesty, deceit, indecency, degeneracy or moral turpitude;
    (d) Such applicant has failed to furnish satisfactory evidence of good
  character, reputation and fitness;
    (e)  Such  applicant  does not have a place of business as required by
  this section;
    (f) Such applicant is not the true owner of the drivers' school.
    5.  Suspension,  revocation  and  refusal  to  renew  a  license.  The
  commissioner,  or  any  employee  of  the  department  of motor vehicles
  deputized by him, may suspend or revoke a license or refuse to  issue  a
  renewal thereof for any of the following causes:
    (a)  the  conviction of the licensee or any partner, officer, agent or
  employee of such licensee, of  a  felony,  or  of  any  crime  involving
  violence,  dishonesty, deceit, indecency, degeneracy or moral turpitude;
  (b) where the licensee has made a material false statement or  concealed
  a  material  fact  in connection with his application for a license or a
  renewal thereof; (c) where the licensee has failed to comply with any of
  the provisions of this section or any of the rules  and  regulations  of
  the  commissioner  made  pursuant thereto: (d) where the licensee or any
  partner, officer, agent or employee of such licensee has been guilty  of
  fraud  or  fraudulent  practices  in  relation to the business conducted
  under the license, or guilty of inducing another to resort to  fraud  or
  fraudulent  practices  in  relation to securing for himself or another a
  license to drive a motor vehicle or  motorcycle.  The  term  "fraudulent
  practices"  as  used  in  this  section  shall include, but shall not be
  limited to, any conduct or representation on the part of  the  licensee,
  or  any  partner,  officer, agent, or employee of a licensee, tending to
  induce another or to give the impression that a  license  to  operate  a
  motor  vehicle  or  motorcycle,  or  any  other license, registration or
  service granted by the commissioner, may be obtained by any means  other
  than  the ones prescribed by law, or furnishing or obtaining the same by
  illegal  or  improper  means,  or  requesting,  accepting,  exacting  or
  collecting money for such purpose.
    Notwithstanding  the renewal of a license, the commissioner may revoke
  or suspend such license for causes and violations, as prescribed by this
  section, occurring during the two license periods immediately  preceding
  the renewal of such license.
    The commissioner, or any person deputized by him, in addition to or in
  lieu  of revoking or suspending a license to conduct a driving school in
  accordance with the provisions of this section, may by order require the
  licensee to pay to the people of this state  a  penalty  in  a  sum  not
  exceeding  five hundred dollars for each violation, and upon the failure
  of such licensee to pay  such  penalty  within  twenty  days  after  the
  mailing  of  such  order,  postage prepaid, registered or certified, and
  addressed to the last known place of business of such  licensee,  unless
  such  order  is  stayed  by  a  court  of  competent  jurisdiction or in
  accordance with the provisions of article three-A of this  chapter,  the
  commissioner  may revoke the license of such licensee or may suspend the
  same for such period as he may determine. Civil penalties assessed under
  this subdivision shall be paid to the commissioner for deposit into  the
  state  treasury,  and  unpaid  civil  penalties  may be recovered by the
  commissioner in a civil action in  the  name  of  the  commissioner.  In
  addition,  as  an alternative to such civil action, and provided that no
  proceeding for judicial review shall then be pending and  the  time  for
  initiation  of  such proceeding shall have expired, the commissioner may
  file with the county clerk of  the  county  in  which  the  licensee  is
  located  a  final order of the commissioner containing the amount of the
  penalty assessed. The filing of such final order  shall  have  the  full
  force and effect of a judgment duly docketed in the office of such clerk
  and  may be enforced in the same manner and with the same effect as that
  provided by law in respect to executions issued  against  property  upon
  judgments of a court of record.
    6.  Hearing.  Except where a refusal to issue a license or renewal, or
  revocation or suspension, is based  solely  on  a  court  conviction  or
  convictions,  a  licensee  or  applicant shall have an opportunity to be
  heard,  such  hearing  to  be  held  at  such  time  and  place  as  the
  commissioner  shall  prescribe. Provided, however, upon a written notice
  of temporary suspension delivered by certified mail to the  licensee,  a
  license  may be temporarily suspended pending a hearing. Any such notice
  of temporary suspension shall provide that the suspension  is  effective
  seventy-two  hours after mailing of such notice and shall provide that a
  hearing be scheduled within ten days after the  effective  date  of  the
  temporary suspension.
    A  licensee  or  applicant  entitled  to  a hearing shall be given due
  notice thereof. The sending of a notice of a hearing by registered  mail
  to  the  last known address of a licensee or applicant ten days prior to
  the date of the hearing shall be deemed due notice. The commissioner, or
  the person deputized by him to conduct a hearing, shall  have  power  to
  subpoena  witnesses, administer oaths to witnesses and take testimony of
  any person or cause his deposition to be taken. A subpoena issued  under
  this  section  shall  be  regulated by the civil practice law and rules.
  Officers or employees in the department of taxation and finance,  making
  service of such subpoenas are not entitled to fees and mileage.
    7.  Supervision;  records.  The commissioner shall approve the form of
  contract used by all  licensees,  and  may  prescribe  reasonable  rules
  governing  the  terms  which  may  be  included in such contracts. Every
  licensee shall keep such records as the commissioner may  by  regulation
  require.  The records of the licensee shall be open to the inspection of
  the commissioner or his representatives at all times  during  reasonable
  business  hours.  The commissioner shall prescribe such reasonable rules
  and regulations as he may deem necessary to carry out the provisions  of
  this section.
    7-a.  Certification  of driving time. The commissioner shall establish
  by regulation a certification process by drivers' schools of the  amount
  of  time  a  holder  of  a  learner's permit has spent operating a motor
  vehicle or motorcycle while under the immediate supervision of a driving
  instructor  holding  an  instructor's  certificate  issued  pursuant  to
  subdivision eight of this section. A certificate issued pursuant to this
  section  shall  be  deemed  to  be  proof  of  all  or  a portion of the
  supervised driving experience required under certification  pursuant  to
  paragraph  (d)  of  subdivision  two of section five hundred two of this
  chapter.
    8. Instructors. (a) No person shall be employed by  a  licensee  as  a
  driving  instructor,  nor shall any person give instructions for hire in
  the operation of motor vehicles or motorcycles unless such person is the
  holder of a driver's license valid for operation in this  state  and  an
  instructor's  certificate  issued by the commissioner. Such certificates
  shall be issued only to persons of good reputation and moral  character,
  whose  driving  records, as determined by the commissioner, qualify them
  as instructors in the operation of motor  vehicles  or  motorcycles.  An
  application  for  an  instructor's certificate must identify the driving
  school or schools in which the applicant is to act as an instructor  and
  shall   contain   such  other  information  as  the  commissioner  shall
  prescribe. Each such application shall be accompanied by a  fee  of  ten
  dollars  which  shall in no event be refunded. Such certificate shall be
  issued without payment of any additional fee and shall be limited to use
  in connection with the business  of  the  specified  driving  school  or
  schools.  Such  certificate  shall be valid until the date of expiration
  prescribed  by  the  commissioner  and  may  be  validated  for  use  in
  connection with the business of other driving schools without payment of
  any  additional  fee.  The  fee  for annual renewal thereof shall be ten
  dollars. Upon renewal, the commissioner may, in his discretion, issue  a
  renewal  which shall be valid for up to a two-year period. The fee for a
  two-year renewal  shall  be  twenty  dollars.  Fees  for  renewal  of  a
  certificate  valid for a period of less than two years shall be prorated
  on a quarterly basis and any portion of a quarter shall be considered  a
  quarter.
    (b)  The  commissioner  or  any  employee  of  the department of motor
  vehicles deputized  by  him,  may  suspend  or  revoke  an  instructor's
  certificate  for any of the following causes: (1) expiration, suspension
  or revocation of the  required  license  of  such  instructor;  (2)  the
  commissioner  has  determined that the driving record of such instructor
  indicates that  such  instructor  does  not  possess  the  qualities  or
  competence  necessary  or  desirable  for a driving instructor; (3) such
  instructor  has  failed  to  comply  with  the  rules  and   regulations
  prescribed  by  the commissioner; (4) conviction of such instructor of a
  felony or any crime involving violence, dishonesty,  deceit,  indecency,
  degeneracy  or  moral turpitude; and (5) such instructor has been guilty
  of fraud or fraudulent practices.
    8-a. Fees; deposited. Fees assessed under this section shall  be  paid
  to the commissioner for deposit to the general fund.
    9. Employees. No licensee shall knowingly employ, in connection with a
  driving  school  in  any  capacity  whatsoever,  any person who has been
  convicted of a felony, or of any crime involving  violence,  dishonesty,
  deceit, indecency, degeneracy or moral turpitude.
    10.  Judicial  review.  The  action of the commissioner in refusing to
  issue or renew, or revoking or  suspending  a  license  or  instructor's
  certificate  may be reviewed in a proceeding under article seventy-eight
  of the civil practice law and rules.
    11. Penalties. (a) A violation  of  any  of  the  provisions  of  this
  section shall constitute a misdemeanor.
    (b)  During  the  pendency  of  any  criminal prosecution based upon a
  violation of this section or if any such prosecution has been terminated
  and the defendant has been sentenced to pay a fine as provided  in  this
  chapter,  no  proceeding  to  recover civil penalties under this section
  shall be commenced and any such pending proceeding shall be stayed.
    12.  Unlicensed  operation;  procedures   and   penalties.   (a)   The
  commissioner or any person deputized by him shall hear and determine any
  allegation  that  a  person has operated a drivers' school without being
  licensed as  required  by  subdivision  two  of  this  section.  Upon  a
  determination  that a person has so operated, the commissioner or person
  deputized by him shall assess civil penalties as provided in  paragraphs
  (b) and (c) of this subdivision.
    (b)  Except  as  provided  in  paragraph  (c) of this subdivision, any
  person who operates a drivers' school without being  licensed  shall  be
  required  to  pay to the people of this state a civil penalty in the sum
  of one thousand dollars. However, any  such  person  against  whom  such
  penalty has been assessed may avoid all but five hundred dollars of such
  penalty  by  obtaining  a  license as required by this section, provided
  that application for such license is made not more than ten  days  after
  the imposition of such penalty.
    (c)  (i)  Any person who operates a drivers' school while his drivers'
  school license is revoked or suspended, shall pay to the people of  this
  state  a  civil  penalty  in the sum of one thousand dollars. Such civil
  penalty may not be avoided.
    (ii)  Any person who operates a drivers' school without being licensed
  as required by subdivision two of this section who has previously had  a
  civil  penalty assessed for unlicensed operation shall pay to the people
  of this state a civil penalty in the sum of one thousand  dollars.  Such
  civil penalty may not be avoided.
    (d)  Civil  penalties assessed under this section shall be paid to the
  commissioner for deposit into  the  state  treasury,  and  unpaid  civil
  penalties  may be recovered by the commissioner in a civil action in the
  name of the commissioner. In addition, as an alternative to  such  civil
  action,  and  provided that no proceeding for judicial review shall then
  be pending and the time for initiation of  such  proceeding  shall  have
  expired,  the  commissioner may file with the county clerk of the county
  in which the licensee is located  a  final  order  of  the  commissioner
  containing  the amount of the penalty assessed. The filing of such final
  order shall have the full force and effect of a judgment  duly  docketed
  in  the  office of such clerk and may be enforced in the same manner and
  with the same effect as that provided by law in  respect  to  executions
  issued against property upon judgments of a court of record.

  S 395. Certain  private  service  bureaus  to be licensed.   Except as
  otherwise provided herein, no person, firm, association  or  corporation
  shall, engage in the business of assisting for hire in securing licenses
  to  drive  motor  vehicles or registrations or titles of motor vehicles,
  nor shall any person, firm, association or corporation for  compensation
  give  instructions  as  to procuring licenses to drive motor vehicles or
  registrations or titles of motor vehicles, without being the holder of a
  license for such purpose issued by the commissioner of  motor  vehicles.
  An  applicant  for  a  license  shall furnish the commissioner with such
  information and  such  references  as  to  moral  character  as  he  may
  reasonably  require.  Every application shall be accompanied by a fee of
  twenty-five dollars, which shall be regarded as an application  fee  and
  shall  in  no  event  be  refunded. If an application be approved by the
  commissioner, the applicant upon the payment of  an  additional  fee  of
  twenty-five dollars shall be granted a license which shall expire on the
  thirtieth   day  of  June  following  the  date  of  its  issuance.  The
  commissioner shall issue a license certificate to  each  licensee  which
  certificate shall be conspicuously displayed in the place of business of
  the  licensee,  or,  if  the  licensee  has  no  place of business, such
  certificates shall be exhibited at the request of any person. In case of
  the loss, mutilation or destruction of a certificate,  the  commissioner
  shall issue a duplicate upon proof of the facts and the payment of a fee
  of  one  dollar.  The  refusal  to  issue a license may be reviewed by a
  proceeding under article seventy-eight of the  civil  practice  law  and
  rules.  Such license shall be renewed annually upon the payment of a fee
  of twenty-five dollars, such renewal to take effect on the first day  of
  July  in  each  year.    Upon  renewal,  the  commissioner  may,  in his
  discretion, issue a license which shall be valid for a two year  period.
  The fee for any such two year renewal shall be fifty dollars.
    No license shall be issued under this section nor shall any renewal of
  a license issued under this section be made for conducting business in a
  city  having  a  population  of fifty thousand or more, according to the
  latest federal census if the place  of  business  of  the  licensee,  or
  branch  thereof,  is within fifteen hundred feet of a building, owned or
  leased by the state,  a  county  or  a  city,  in  which  motor  vehicle
  registrations  or  licenses  to  drive  motor vehicles are issued to the
  public.  The said distance of fifteen hundred  feet  shall  be  measured
  along  the  public  streets  by  the  nearest  route  from such place of
  business, or branch thereof, to such building. The  provisions  of  this
  paragraph  shall  not apply to a holder of a certificate of registration
  issued pursuant to section four hundred fifteen of this chapter.
    A licensee shall be subject to such reasonable regulations  concerning
  the  business  conducted  under  his  license  as  the  commissioner may
  prescribe and he shall permit the commissioner, or his  representatives,
  to  inspect  his place of business on any business day and shall furnish
  to the commissioner, or his representative, such information  concerning
  the conduct of the business as may be reasonably required.
    The  provisions  of subdivisions five and six of section three hundred
  ninety-four of this chapter shall be applicable  with  respect  to  this
  section.
    The  holder  of  a  license  issued  pursuant to section three hundred
  ninety-four  of  this  chapter  or  the  holder  of  a  certificate   of
  registration  issued  pursuant  to  section four hundred fifteen of this
  chapter shall not be required to secure a license under this section  in
  order  to  conduct  a  business  for which a license is required by this
  section but any such licensee, or registrant,  who  shall  conduct  such
  business,  shall be subject to the same visitation and regulation by the
  commissioner with reference to such business as provided in this section
  with respect to a licensee under this section.
    As  used in this section the phrase "licenses to drive motor vehicles"
  includes the term "learners' permits".
    A violation of any of the provisions of this section shall  constitute
  a misdemeanor.

  S 396. Use  of  state and other seals and insignia on private vehicles
  prohibited.  1. A person who shall use any seal, device of  arms,  sign,
  lettering  or  insignia  of  the  United  States,  or  of  this state or
  political subdivision thereof, on any vehicle not owned or used  by  the
  United  States,  this  state  or  by such political subdivision thereof,
  which such seal, device of arms, sign, lettering or insignia represents,
  is guilty of a traffic infraction.
    2. A person who shall use or display the  words  "Police  Department,"
  "Police"  or  any  sign, lettering or device with the letters "P.D.," or
  any other matter indicating ownership, possession or  use  by  a  police
  department,  on  any  motor  vehicle  or  motor cycle not used by a duly
  organized police department within this state and not actually  operated
  or used by a member or an employee of a duly organized police department
  on any public highway, is guilty of a traffic infraction.
    3.  A  person  who  shall  use or display the words "Fire Department,"
  "Fire" or any sign, lettering or device with the letters "F.D.N.Y.,"  or
  any  other  matter  indicating  ownership,  possession  or use by a fire
  department, on any motor vehicle or motor  cycle  not  used  by  a  duly
  organized fire department within this state and not actually operated or
  used  by  a member or an employee of a duly organized fire department on
  any public highway, is guilty of a traffic infraction.

   S 397. Equipping  motor  vehicles with radio receiving sets capable of
  receiving signals on the  frequencies  allocated  for  police  use.    A
  person,  not  a  police officer or peace officer, acting pursuant to his
  special duties, who equips a motor vehicle with a  radio  receiving  set
  capable of receiving signals on the frequencies allocated for police use
  or  knowingly  uses  a  motor  vehicle  so  equipped  or  who in any way
  knowingly interferes with the transmission  of  radio  messages  by  the
  police  without  having  first secured a permit so to do from the person
  authorized to issue such a permit by the local governing body  or  board
  of the city, town or village in which such person resides, or where such
  person  resides outside of a city or village in a county having a county
  police department by the board of supervisors of such county, is  guilty
  of  a  misdemeanor,  punishable  by  a  fine  not exceeding one thousand
  dollars, or imprisonment not exceeding six months, or both.  Nothing  in
  this  section  contained  shall  be construed to apply to any person who
  holds a valid amateur radio operator's license  issued  by  the  federal
  communications  commission  and  who  operates  a duly licensed portable
  mobile transmitter and in connection therewith a receiver  or  receiving
  set  on  frequencies exclusively allocated by the federal communications
  commission to duly licensed radio amateurs.

  S  397-a.  Radar detectors and laser detectors prohibited. 1. No radar
  detector or laser detector shall be used in any  motor  vehicle  with  a
  gross  vehicle weight rating of more than eighteen thousand pounds or in
  any commercial vehicle with a gross vehicle weight rating of  more  than
  ten  thousand pounds.   The presence in such vehicle of a radar detector
  or laser detector connected  to  a  power  source  and  in  an  operable
  condition  is  presumptive  evidence  of its use by any person operating
  such vehicle.  Such presumption shall be rebutted by  any  credible  and
  reliable  evidence which tends to show that such radar detector or laser
  detector was not in use.
    2.  The  provisions  of  this  section  shall  not  be  construed   as
  authorizing  the  seizure  or  forfeiture  of  a radar detector or laser
  detector, unless otherwise provided by law.
    3. A violation of the provisions of this section  shall  constitute  a
  traffic infraction punishable by a fine of not less than twenty-five nor
  more than one hundred dollars.

  S 397-b. Vehicle  leases  that  are  not  sales or security interests.
  Notwithstanding any other  provision  of  law,  in  the  case  of  motor
  vehicles  or  trailers which are not vehicles or trailers leased or used
  primarily for personal, family, or  household  purposes,  a  transaction
  does  not  create a conditional sale or security interest merely because
  it provides that the  rental  price  is  permitted  or  required  to  be
  adjusted  under  the agreement either upward or downward by reference to
  the amount realized upon sale or other disposition of the motor  vehicle
  or trailer.

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Vehicle and Traffic Law - Table of Contents

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