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Article 14A - NY Vehicle and Traffic Law

APPORTIONMENT OR ALLOCATION OF REGISTRATION FEE AGREEMENT

Section Description
405Authority to enter into agreements.
405-aApplication of article.
405-bAdministration of agreement.
405-cFees.
405-dRegistration period.
405-eEffect of issuance.
405-fDisposition of fees.
405-gRefunds.
405-hEffect on reciprocal recognition of registrations and other reciprocity or proration agreements.
405-iRegulatory authority.
S 405. Authority   to  enter  into  agreements.  The  commissioner  is
  authorized and  empowered  to  enter  into  a  reciprocal  agreement  or
  agreements   on   behalf   of   this  state  with  the  duly  authorized
  representatives of any state of  the  United  States,  the  District  of
  Columbia,  or  a state or province of a foreign country, or territory or
  possession of either the United States or of a foreign country to become
  a  member  of  the  international  registration  plan,  or  such   other
  designation  that  may,  from  time  to  time,  be  given  to such plan,
  developed by the American association of  motor  vehicle  administrators
  for  the  purpose  of  providing  for the registration of vehicles on an
  apportionment or allocation basis.

   S 405-a. Application  of  article.  The  provisions  of the succeeding
  sections of this article shall take effect when this state  enters  into
  an  agreement  pursuant to the authority granted in section four hundred
  five of this article and shall remain in effect only  so  long  as  this
  state is a party to such an agreement.

  S 405-b. Administration  of agreement. The commissioner may: 1. Accept
  applications for registrations, trip  permits  and  any  other  document
  which  he  may  be  empowered to issue under any agreement authorized by
  section four hundred five of this article;
    2. Collect from any applicant any and all fees  required  to  be  paid
  either  to  this  state or to any other jurisdiction which is a party to
  such agreement;
    3. Provide for the crediting of fees previously paid for the unexpired
  portion of a registration when a conversion is made from a  registration
  issued  under  article fourteen of this chapter to a registration issued
  under such agreement;
    4. Accept any fees  which  are  due  to  this  state  under  any  such
  agreement  which  are paid to any other jurisdiction or agency and which
  have been transmitted to him pursuant to any such agreement;
    5. Pay or authorize the payment of any  moneys  collected  by  him  on
  behalf  of  any  other  jurisdiction which is party to such agreement to
  such other jurisdictions;
    6. Issue any number plate or plates, cab  card,  trip  permit  or  any
  other document which he is authorized to issue under such agreement;
    7.  Appoint  agents  to  act  for him in the issuance of trip permits,
  provided that such agents shall not receive compensation from the state;
  and
    8. By regulation establish limitations upon the period of validity  of
  any trip permit issued for operation in this state or the number of such
  permits which may be issued to any vehicle or applicant.

  S 405-c. Fees.  1. The schedules of annual registration fees set forth
  in section four  hundred  one  of  this  chapter  shall  constitute  the
  schedules  of  registration  fees  applicable  to vehicles registered in
  accordance with the provisions of any agreement entered into pursuant to
  the authority granted in section four  hundred  five  of  this  article.
  Notwithstanding  the  provisions  of  section  four  hundred one of this
  chapter, proration of fees due to this state for a  registration  issued
  for  a  period  of  more  or  less  than one year shall be prorated on a
  monthly basis and any portion of a month shall be considered a month. In
  addition,  registration  fees  shall  be  subject   to   proration   and
  apportionment as provided in any such agreement.
    2. In addition to the registration fees provided in subdivision one of
  this  section,  each  applicant for such registration shall pay a fee of
  two dollars and fifty cents for each cab card,  including  a  duplicate,
  issued  by  the  commissioner  in  accordance  with such agreement. If a
  number plate or plates is or are to  be  issued  as  a  result  of  such
  application,  the  applicant  shall  also  pay  any  fee  which would be
  required of any applicant for registration of  a  similar  type  vehicle
  under  section  four  hundred  one  of  this title for the issuance of a
  number plate or plates.
    3. The fee for a trip permit  which  allows  operation  of  a  vehicle
  within this state shall be eighteen dollars and seventy-five cents.
    4.  Notwithstanding  any  inconsistent  provision of this section, the
  difference collected between the fees set forth in subdivisions two  and
  three  of  this  section  in  effect  on  and after September first, two
  thousand nine and the fees set forth  in  such  subdivisions  in  effect
  prior  to  such  date  shall be deposited to the credit of the dedicated
  highway and bridge trust fund.

  S 405-d. Registration period. The registration period for any vehicle
  registered pursuant to this article shall  take  effect  and  expire  on
  dates determined by the commissioner after consultation with appropriate
  representatives of the commercial trucking industry in New York state.

    S 405-e. Effect  of  issuance. 1. Any vehicle for which a registration
  has been validly issued by another jurisdiction which is a member of any
  agreement entered into pursuant to the authority granted in section four
  hundred five of this article and for which a cab  card  which  indicates
  that  operation  in this state is permitted under the agreement has been
  validly issued, shall be deemed for the purposes of article fourteen  of
  this  chapter to be registered in accordance with the provisions of this
  article, provided a proper number plate or plates is or are  affixed  to
  the vehicle and the cab card is carried in such vehicle and is displayed
  upon  the  lawful  request  of  a police officer or peace officer acting
  pursuant to his special duties.
    2. Any vehicle for which a trip permit which indicates that  operation
  in  this state is permitted has been validly issued under such agreement
  shall be deemed for the purposes of article fourteen of this chapter  to
  be  registered  in  accordance  with  the  provisions  of  that article,
  provided a number plate or plates is or are affixed to the  vehicle  and
  such  trip  permit is carried in or on the vehicle and is displayed upon
  the lawful request of a police officer or peace officer acting  pursuant
  to his special duties.
    3.  Notwithstanding the provisions of subdivisions one and two of this
  section, a vehicle owned by a non-resident of this state  shall  not  be
  deemed to be required to be registered in this state for the purposes of
  article  forty-six  of  this chapter, the uniform vehicle certificate of
  title act.

  S 405-f. Disposition  of  fees. 1. Except as otherwise herein provided
  the provisions of section four  hundred  twenty-seven  of  this  chapter
  shall  not  apply to any fee collected in accordance with the provisions
  of any agreement entered into  pursuant  to  the  authority  granted  in
  section four hundred five of this article.
    2.  The  commissioner  shall deposit all fees collected or accepted by
  him under this article in a responsible bank,  banking  house  or  trust
  company  in  the  city  of  Albany  which  shall pay the highest rate of
  interest to the state for such deposit to the credit of the  comptroller
  on  account  of  the  International  Registration Plan. Every such bank,
  banking house or trust company shall execute and file in the  office  of
  the  department of audit and control an undertaking to the state, in the
  sum, and with such  sureties,  as  are  required  and  approved  by  the
  comptroller  for  the  safekeeping  and  prompt  payment on legal demand
  therefor of all such moneys held by or on deposit in such bank,  banking
  house  or trust company, with interest thereon on daily balances at such
  rate as the comptroller may fix.   Every  such  undertaking  shall  have
  endorsed thereon or annexed thereto the approval of the attorney general
  as  to  its  form.  The comptroller shall on the first day of each month
  make a verified return to the department of taxation and finance, of all
  fees received by him under this chapter during  the  preceding  calendar
  month.
    3.  The commissioner shall at least on a quarterly basis determine the
  amount of fees in such account collected on behalf of and due and  owing
  to  other  jurisdictions  which are members of the agreement and certify
  the same to the comptroller. The  comptroller  shall  then  pay  to  the
  appropriate official of each such jurisdiction the amount of fees due to
  each such jurisdiction.
    4.  The  comptroller,  after reserving an amount sufficient to pay any
  refund under this article approved by the commissioner and by him and an
  amount, if  any,  that  may  be  required  to  make  payments  to  other
  jurisdictions pursuant to subdivision three of this section, shall on or
  before  the  tenth  day  of  each month pay into the general fund of the
  state treasury the balance to his credit in such bank, banking house  or
  trust  company  on  account  of fees collected under this article at the
  close of business on the last day of the month  preceding  the  date  of
  such payment.
    5.  The amount paid into the general fund pursuant to subdivision four
  of this section shall  be  deemed  to  be  registration  fees  collected
  pursuant to article fourteen of this chapter and shall be subject to the
  provisions of law applicable to the disposition of such fees.

  S 405-g. Refunds.   1.   The   provisions   of  section  four  hundred
  twenty-eight of this chapter shall not apply to refunds of fees paid  in
  accordance with the provisions of any agreement entered into pursuant to
  authority granted in section four hundred five of this article.
    2. Any fee paid directly to the commissioner for the registration of a
  vehicle  for  operation  within  this state under the provisions of this
  article which is to be paid into the general fund  pursuant  to  section
  four  hundred  five-f of this article shall be refunded, less the sum of
  five dollars, provided that  the  commissioner  is  satisfied  that  the
  registration  has  not  been  used and all number plates, cab cards, and
  other documents have been surrendered to  the  commissioner  within  two
  months  after  the  date  the  fee  was  paid  or  the  beginning of the
  registration period for which the  registration  was  issued,  whichever
  comes  later  and  application  therefor  is filed with the commissioner
  within the period of validity for which such registration was issued.
    3. Any fee paid to any other jurisdiction on behalf of this state  for
  operation of a vehicle within this state which has been forwarded to the
  commissioner by that jurisdiction shall be refunded less the sum of five
  dollars  provided  the jurisdiction which collected the fee has refunded
  to the applicant any fee collected by that jurisdiction  on  its  behalf
  and  any number plate, cab card or other document affecting operation in
  this  state  has  been  surrendered  to  such   jurisdiction   and   the
  commissioner  is  satisfied  that  any  such  plate,  cab  card or other
  document has not been used within this  state  and  an  application  for
  refund is made within the period of validity for which such registration
  was issued.
    4.  Where  a refund of any part of a registration fee is made pursuant
  to the foregoing provisions of  this  section,  the  registration  shall
  thereupon be automatically cancelled.
    5.  No fee paid for a trip permit for a cab card or for a number plate
  or plates shall be refunded.
    6. Money  paid  for  fees  in  conjunction  with  an  application  for
  registration under this article in excess of the amounts required by law
  may  be  refunded  subject  to  approval  of  the  commissioner provided
  application therefor is filed with  the  commissioner  within  one  year
  after  the  date  the fee was paid or on or before the expiration of the
  registration for which such fee  was  paid  or  within  one  year  after
  issuance  of  an  audit  report indicating such excess payment whichever
  occurs later.

  S 405-h. Effect  on  reciprocal recognition of registrations and other
  reciprocity or proration agreements.  1.    The  provisions  of  article
  fourteen-B  of this chapter and of paragraph (b) of subdivision three of
  section two hundred fifty of this chapter shall be applicable only  with
  respect  to  jurisdictions  which  are not parties to any agreement this
  state has entered into pursuant to the authority granted in section four
  hundred five of this article.
    2. Except as otherwise provided in this  section,  the  provisions  of
  section   two   hundred  fifty  of  this  chapter  governing  reciprocal
  recognition of registrations shall apply to any vehicle not  covered  by
  any  agreement  entered  into  by  this  state pursuant to the authority
  granted in section four hundred five of this article.

   S 405-i. Regulatory  authority.  The  commissioner  is  authorized  to
  promulgate rules and regulations to implement the administration of  any
  agreement entered into pursuant to the authority granted in section four
  hundred five of this article.

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