|410||Registration of motorcycles; fees; renewals.|
|410-a||Motorcycle safety program.|
|411||Distinctive number; form of number plates.|
|411-a||Issuance of special number plates.|
|411-b||Registration fee schedule for historical motorcycles.|
|412||Punishment for violation.|
S 410. Registration of motorcycles; fees; renewals. 1. Registration by owners. No motorcycles shall be operated or driven upon the public highways of this state without first being registered in accordance with the provisions of this article, except as otherwise expressly provided in this chapter. Every owner of a motorcycle which shall be operated or driven upon the public highways of this state shall, except as otherwise expressly provided, cause to be filed, by mail or otherwise, in the office or a branch office of the commissioner, or with an agent of the commissioner, constituted as provided in this chapter, an application for registration, addressed to the commissioner, and on a blank to be prepared under the direction of and furnished by the commissioner for that purpose, containing: (a) A brief description of the motorcycle to be registered, including the name of the manufacturer and factory number of such vehicle; (b) the name, residence, including county and business address of the owner of such motorcycle. 2. Registration record. Upon the receipt of a sufficient application for registration, as provided in this article, the commissioner or agent receiving it shall register such motorcycle, and maintain a record of the registration of such motorcycle under the distinctive number assigned to such motorcycle, as provided in this section, and the information in such record may be obtained upon payment of the fees specified in section two hundred two of this chapter. 3. Certificate of registration. Upon the filing of such application and the payment of the fee hereinafter provided, the commissioner shall assign to such motorcycle a distinctive number and, without expense to the applicant, issue and deliver in such manner as the commissioner may select to the owner a certificate of registration, in such form as the commissioner may prescribe, and a number plate at a place within the state of New York named by the applicant in his application. In the event of the loss, mutilation or destruction of any certificate of registration or number plate, the owner of a registered vehicle may file such statement and proof of the facts as the commissioner shall require, with a fee of three dollars, in the office of the commissioner, or, unless and until the commissioner shall otherwise direct, in the office of the agent who issued the certificate or plate and the commissioner or his agent, as the case may be, shall issue a duplicate or substitute. No application for registration shall be accepted unless the applicant is at least sixteen years of age. 4. Times for registration and reregistration. Registration applied for and certificates issued under any application shall expire on a date determined by the commissioner. Registration shall be renewed periodically in the same manner and upon payment of the same annual fee as provided in this section for registration, to take effect and to expire on dates to be determined by the commissioner. Provided, however, that the commissioner shall have authority to fix the length of time for which any such vehicle which is registered without fee shall be registered. Provided further, however, that renewal of a registration may be used preceding the expiration date of such registration including such expiration date. 5. Registration fees. a. The annual fee for registration or reregistration of a motorcycle shall be eleven dollars and fifty cents. Beginning April first, nineteen hundred ninety-eight the annual fee for registration or reregistration of a motorcycle shall be seventeen dollars and fifty cents, of which two dollars and fifty cents shall be deposited into the motorcycle safety fund established pursuant to section ninety-two-g of the state finance law. b. Where a registration is made for a period of more or less than one calendar year, the registration fee shall not be prorated. The provisions hereof with respect to the payment of registration fees shall not apply to motorcycles owned or controlled by the state, a city, county, village or town or any of the departments thereof, or any school district or county extension service association, but in other respects shall be applicable. 6. Fees in lieu of taxes. The registration fees imposed by this article upon such vehicles shall be in lieu of all taxes, general or local, to which motorcycles may be subject. 7. "Motorcycle" as used in this section shall mean a motorcycle as defined by section one hundred twenty-three of this chapter. S 410-a. Motorcycle safety program. 1. The commissioner shall establish and administer a motorcycle safety program which shall consist of approved motorcycle rider training courses, motorcycle course instructor training, program promotion, and public awareness. Approved rider training courses shall meet nationally recognized standards for motorcycle rider training courses, or standards for motorcycle rider safety programs which are approved by the department and are comparable to the standards of the motorcycle safety foundation's motorcycle rider safety program. Approved courses shall include at least eight hours of instruction in the actual operation of a motorcycle. Monies from the motorcycle safety fund established pursuant to section ninety-two-g of the state finance law shall be used for the establishment and implementation of this program. 2. The commissioner shall issue a request for proposals for the coordination of a motorcycle safety program which shall set requirements for the preparation of bids. The commissioner shall enter into a contract, for a period of five years, with a motorcycle rider training coordinating organization selected pursuant to such process. The contract shall be awarded following the consideration of factors which shall include, but not be limited to, the most favorable financial advantage for the state, the greatest utility to the motorcyclist, the comprehensiveness and effectiveness of such organization and its compatibility with the existing rider education programs. The motorcycle rider training coordination organization shall be subject to periodic reporting requirements established by the department outlining the administration and effectiveness of its program and an itemization of all motorcycle safety fund allocations. Such motorcycle rider training coordinating organization shall have at least three years experience in the administration of a statewide motorcycle rider education program, and have as its administrator an individual who has no financial or proprietary interest in a motorcycle training school or facility. 3. The motorcycle rider training coordinating organization shall submit to the commissioner for approval requests for advances pursuant to a contract and reimbursements from the motorcycle safety fund for equipment, operating and administrative costs and other expenses necessary to carry out the provisions of this section. The commissioner shall approve all such requests for expenditures that are in accordance with the provisions of this section. 4. The commissioner shall annually file a report on expenditures from the motorcycle safety fund, established pursuant to section ninety-two-g of the state finance law, with the legislature. Such report shall include the name of the funded motorcycle rider training coordinating organization and the amount of funds distributed to it and shall provide an evaluation of the overall effectiveness of the funded programs and any recommendations for programmatic changes. S 411. Distinctive number; form of number plates. 1. No person shall operate or drive a motorcycle on the public highways of this state unless such motorcycle shall have a distinctive number assigned to it by the commissioner and a number plate issued by the commissioner with a number corresponding to that of the certificate of registration conspicuously displayed on the rear of such motorcycle, securely fastened so as to prevent the same from swinging. 2. Such number plates shall be of such material, form, design and dimensions and contain or set forth such distinguishing number or other identification marks as the commissioner shall prescribe, provided, however, that there shall be at all times a marked contrast between the color of the number plates and that of the numerals or letters thereon, and provided further that no motorcycle shall display the number plates of more than one state at a time, nor shall any plate be used other than those issued by the commissioner. 3. No person shall operate or drive a motorcycle upon the public highways of this state having displayed thereon a number plate not proper for such motorcycle under the provisions of this chapter and, upon conviction for this offense, the number plate shall be surrendered to the court for delivery to the commissioner. 4. No person shall knowingly authorize or permit a number plate issued for a motorcycle owned and registered by him to be displayed on any motorcycle other than a motorcycle to which such number plate has been assigned by the commissioner, or upon which such number plate may legally be displayed under a temporary certificate of registration issued by a dealer under the provisions of section four hundred twenty of this chapter. S 411-a. Issuance of special number plates. 1. The commissioner may issue special number plates to applicants therefor in the same manner as other number plates are issued pursuant to this article. Such special number plates shall be issued only upon payment of an annual service charge of eighteen dollars and seventy-five cents in addition to the regular fee prescribed by section four hundred ten of this article. Application for special number plates shall be made in accordance with regulations promulgated by the commissioner with respect to issuance of such number plates. Notwithstanding any inconsistent provision of this section, the difference collected between the service charge set forth in this subdivision in effect on and after September first, two thousand nine and the service charge set forth in this subdivision in effect prior to such date shall be deposited to the credit of the dedicated highway and bridge trust fund. 2. For purposes of this section, a special number plate shall be a plate which contains not more than six letters, numerals or any combination thereof and which is reserved by the commissioner for issuance in accordance with the provisions of this section, or a plate reserved for issuance in a series for motorcycles owned by public officers, physicians, accredited representatives of the press or other groups. In issuing special number plates the commissioner shall give those applicants who held a special number plate at the time of the enactment of this section the right to retain such special number plate upon the payment of the annual service charge of fifteen dollars. Provided, however, that such right of retention shall apply only to the first renewal of the registration of such special number plate following the enactment of this section. 3. This section shall not apply to any plates in a series reserved in the public interest for purposes of facilitating identification of state and municipal motorcycles and those owned by members of international governmental organizations or any other vehicles which are exempt from the payment of registration fees, nor to plates or series of plates assigned by the commissioner for issuance by county clerks. 4. Nothing contained in this section shall be construed to require the commissioner to issue a special number plate or plates. S 411-b. Registration fee schedule for historical motorcycles. For each motorcycle which is owned and operated as an exhibition piece or collectors item, and is used for participation in club activities, exhibit, tours, parades, occasional transportation and similar uses, but not used for general daily transportation, an annual fee of twenty-five dollars. For purposes of this section, a historical motorcycle shall mean any motorcycle manufactured more than twenty-five years prior to the current calendar year, and any other model, year and type motorcycle which has unique characteristics and which is determined by the commissioner to be of historical, classic or exhibition value. Registration plates for such motorcycles shall be of a type and design approved by the commissioner, but shall be of a distinctive nature, except that, with the approval of the commissioner, an owner of any such motorcycle may utilize registration plates of this state with the date of year corresponding to the model year date when the vehicle was manufactured, if the model year date registration plate is legible and serviceable, as determined by the department, in lieu of the registration plates otherwise required by this chapter. Such plates shall be used only for the operation of the motorcycle listed on the registration application and on other motorcycles which would qualify for registration under this schedule owned by persons other than the registrant for the purpose of test driving by the registrant or his agent in anticipation of possible purchase. No such registration will be issued unless evidence of financial security, in a form prescribed by the commissioner, is submitted which provides coverage for the motorcycle listed on the registration application and for non-owned motorcycles being operated with such plates. Notwithstanding any inconsistent provision of this section, the difference collected between the fees set forth in this section in effect on and after September first, two thousand nine and the fees set forth in this section in effect prior to such date shall be deposited to the credit of the dedicated highway and bridge trust fund. S 412. Punishment for violation. The violation of any of the provisions of section four hundred ten of this chapter shall be punishable by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment except, if the violation consists of failure to renew a registration which was valid within sixty days, the fine shall be not less than twenty-five dollars. A violation of any of the provisions of section four hundred eleven of this chapter shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars or by imprisonment for not more than fifteen days, or by both such fine and imprisonment. Top of Page
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