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Vehicle and Traffic Law

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Article 3 - NY Vehicle and Traffic Law

EXEMPTION OF NON-RESIDENT OWNERS AND OPERATORS

Section Description
250 Exemption of non-resident owners and operators.
251 Exemption for members of the armed forces and their dependents.
252 Exemption of certain in-transit vehicle registrations.
253 Service of summons on non-residents.
254 Service of summons on residents who depart from state and on residents' executors or administrators who are nonresidents or who depart from state.
 S 250. Exemption  of  non-resident  owners and operators. 1. Except as
  otherwise provided in subdivision three of this section, the  provisions
  of  this  chapter  relative  to  the registration and equipment of motor
  vehicles, motorcycles and  trailers  and  the  display  of  registration
  numbers  shall not apply to a motor vehicle, motorcycle or trailer owned
  by a non-resident of this state, provided that the owner  thereof  shall
  have  complied  with  the  provisions of the law of the foreign country,
  state, territory or  federal  district  of  his  residence  relative  to
  registration and equipment of such motor vehicle, motorcycle or trailer,
  as the case may be, and the display of registration numbers thereon, and
  shall   conspicuously  display  his  registration  numbers  as  required
  thereby. However, except for  a  vehicle  owned  by  a  person  who  has
  obtained  a  waiver  pursuant  to  the  provisions  of  paragraph  b  of
  subdivision three of this section, with respect  to  such  vehicle,  the
  provisions of this subdivision shall be operative as to a motor vehicle,
  motorcycle  or trailer owned by a non-resident of this state only to the
  extent that under the laws of the foreign country, state,  territory  or
  federal  district  of  his  residence like exemptions and privileges are
  granted to motor vehicles,  motorcycles  and  trailers  duly  registered
  under  the laws of and owned by residents of this state. A person, firm,
  association or corporation having a  place  of  business  in  a  foreign
  country,  state,  territory  or  federal  district  and  owning  a motor
  vehicle, motorcycle or trailer used in connection with  and  garaged  at
  such place of business which such owner is compelled to register in such
  foreign  jurisdiction  shall  be  deemed  a  resident  of  such  foreign
  jurisdiction and a non-resident of this state within the meaning of this
  subdivision  for  the  purpose  of  enjoying  the  privileges  of   this
  subdivision with respect to such vehicle.
    In  case  a non-resident becomes a resident of this state, he shall be
  entitled for a period not exceeding thirty days from the date he becomes
  a resident to the same exemption from registering his vehicles  in  this
  state as he would have enjoyed had he remained a non-resident.
    2.  A  person  of  the age of sixteen years and upwards who shall be a
  nonresident of this state, and a resident of a state, territory, federal
  district or foreign country having laws,  with  which  such  person  has
  complied, which require such person, in order to operate a motor vehicle
  or  motorcycle  therein,  to  be  licensed, may operate or drive a motor
  vehicle or motorcycle on the public highways of this state without being
  so licensed under this chapter, provided, however, that the  recognition
  granted under this subdivision shall, with respect to a person under the
  age  of  eighteen years, only permit the operation of a motor vehicle or
  motorcycle in this  state  in  accordance  with  the  same  restrictions
  imposed  upon  New York residents operating or driving motor vehicles or
  motorcycles with class DJ or MJ  licenses  under  subdivision  three  of
  section  five  hundred  one  of  this chapter. A nonresident entitled to
  operate a motor vehicle or  motorcycle  as  herein  provided  who  shall
  become  a resident of this state may operate or drive a motor vehicle or
  motorcycle on the public  highways  of  this  state  for  a  period  not
  exceeding  thirty  days  from the date he becomes a resident pending the
  obtaining of a license to operate such motor vehicle  or  motorcycle  in
  this state. The exemption granted in this subdivision shall not apply to
  persons  whose  privilege of operating a motor vehicle in this state, or
  whose former license to drive in  this  state,  has  been  suspended  or
  revoked,  until  such  suspension  or  revocation has been terminated or
  privilege of operating a motor vehicle restored.
    3. (a) The exemptions provided in subdivisions one and  four  of  this
  section shall not apply to a motor vehicle, motorcycle or trailer, other
  than  a semitrailer drawn by a tractor registered in this state which is
  operated on any public highway of this state  to  transport  persons  or
  property  for  hire  or  profit  from one point in this state to another
  point in this state or which is operated in  doing  any  work  performed
  under  a  contract  for  a  public  improvement  to  which  the state, a
  municipal corporation, a  school  district  or  a  commission  appointed
  pursuant  to  law  is  a  party, except to transport machinery, tools or
  other plant equipment to be used in the performance of such a  contract;
  provided,  however,  that the mere makeup or breakup of a tandem trailer
  combination on the New York state thruway shall not, with respect to the
  tractor hauling such tandem trailer combination, constitute, in  and  of
  itself,  a  point  in  this state for the purpose of determining whether
  there has been a transportation of property for hire or profit from  one
  point  in  this state to another point in this state; provided, further,
  however, that the transportation by any tractor not  registered  in  the
  state  of  New  York  of  a trailer carrying property for profit, placed
  thereon within this state and consigned for delivery  herein,  shall  be
  prohibited.
    (b)  The  commissioner may, in his discretion, waive the provisions of
  this subdivision with respect to any motor vehicle, motorcycle,  trailer
  or  semitrailer,  duly  registered  in another state, territory, federal
  district or  foreign  country,  provided  that  the  owner  thereof  has
  registered  annually  in  this state a number of vehicles equal to or in
  excess of the average number of vehicles said owner will have  available
  annually  in  this state for hire or operation therein. The commissioner
  is hereby  authorized  and  empowered  to  adopt  and  amend  rules  and
  regulations  to  effectuate  the  provisions  of  this  paragraph.  Such
  regulations may include a requirement that the owner file  annually  and
  at  such  time  and  in  such  manner  as  shall  be  prescribed  by the
  commissioner, a sworn  statement  including,  but  not  limited  to  the
  following  information:  (1) the owner's total number of motor vehicles,
  motorcycles, trailers and/or semitrailers registered in Canada  and  the
  United  States;  (2)  the  owner's  total  annual  registration  of such
  vehicles in this state; and (3) the total number of such vehicles  which
  are  rented, leased or used in this state for the preceding twelve month
  period or in the absence of any past experience, the  total  anticipated
  number  of  such  vehicles  that  will be rented, leased or used in this
  state. Nothing herein contained shall  be  construed  as  requiring  the
  granting of the waiver authorized by this paragraph.
    (c)  The  provisions  of paragraph (a) of this subdivision, insofar as
  they require display of number plates issued by the commissioner,  shall
  not  apply  to  any  motor  vehicle,  other  than  a  bus, which is duly
  registered in another state and displays registration and number  plates
  as  required  by that state, which registration and number plates permit
  the transportation of persons for-hire within that state,  provided  the
  registrant  has been issued a registration for such motor vehicle by the
  commissioner, has  paid  the  appropriate  annual  fee  as  provided  in
  schedule  C  of  subdivision  seven  of section four hundred one of this
  chapter and displays proof of  such  registration  on  such  vehicle  in
  accordance   with   regulations   promulgated   by   the   commissioner.
  Notwithstanding any other provision of this  chapter,  the  commissioner
  need   not  issue  number  plates  to  the  registrant  when  issuing  a
  registration intended to secure the authorization for  operation  within
  this state as provided by this paragraph.
    4.  a.  The provisions of this chapter relative to the registration of
  motor vehicles, motorcycles and trailers and the display of registration
  numbers shall not apply to a motor vehicle, motorcycle or trailer  owned
  by  a  non-resident  of  the state who is a seasonal farm laborer, for a
  period extending from the first  day  of  April  to  and  including  the
  thirtieth  day of November in each year, provided that the owner thereof
  shall have complied with the  provisions  of  the  law  of  the  foreign
  country,  state, territory or federal district of his residence relative
  to  registration  of  such  motor vehicle, motorcycle or trailer, as the
  case may be, and  the  display  of  registration  numbers  thereof,  and
  provided  further  that  the  owner  thereof  shall furnish proof to the
  commissioner that such owner has in effect with respect  to  such  motor
  vehicle  an  automobile  liability policy issued by an insurance company
  authorized to do business in this state or by  an  unauthorized  insurer
  authorized  to transact business in the jurisdiction of his residence in
  at least the amount of twenty-five thousand dollars  because  of  bodily
  injury  to  or  fifty thousand dollars because of death of one person in
  any one accident and, subject to said limit for one person, in at  least
  the  amount of fifty thousand dollars because of bodily injury to or one
  hundred thousand dollars because of death of two or more persons in  any
  accident,  and in at least the amount of ten thousand dollars because of
  injury to or destruction of property of others in any one accident.
    b. Upon filing of such proof of financial security,  the  commissioner
  shall  issue  to the owner of said motor vehicle, motorcycle or trailer,
  upon payment of a fee of two dollars, a certificate,  which  certificate
  shall  be  affixed  to  a  prominent place on the interior of said motor
  vehicle,  motorcycle  or  trailer,  and   shall   bear   the   following
  information:  (1)  name  and address of the owner of said motor vehicle,
  motorcycle or  trailer,  (2)  make  and  year  of  said  motor  vehicle,
  motorcycle or trailer, (3) state of registration and registration number
  thereof, (4) date of expiration of the exemption period provided in this
  subdivision  and  (5)  such  other  information  as the commissioner may
  direct.
    c. The exemption provided in this subdivision shall in no  way  affect
  the  non-resident  status of the owner of said motor vehicle, motorcycle
  or trailer and he shall be subject to the provisions of all other  laws,
  rules,  codes  and  regulations  with  respect  to  the ownership and/or
  operation by a non-resident of a motor vehicle, motorcycle or trailer in
  this state. However, all said motor vehicles, motorcycles  and  trailers
  shall  be  subject  to the provisions of article five of this chapter in
  the same manner as if they are registered in this state.
    d. A non-resident of the state who is a seasonal farm laborer shall be
  entitled to a period not exceeding thirty days  from  the  date  of  his
  entrance into the state within which to file proof of financial security
  and  pay  the  fee  required  and  secure  the certificate authorized in
  paragraph b of subdivision four of this section, provided, however, that
  the limitations contained in subdivision three of this section shall  be
  applicable  until such time as the certificate authorized in paragraph b
  of this subdivision is obtained.
    5.  As  used  in  this  section,  the  term  "resident"   shall   mean
  domiciliary,  that is, one who lives in this state with the intention of
  making it a fixed and permanent abode. It shall be presumptive  evidence
  that  a person who maintains a place of abode in this state for a period
  of at least ninety days is a resident of this state.

  S 251. Exemption for members of the armed forces and their dependents.
  1.  The provisions of this chapter relative to the registration of motor
  vehicles and motorcycles and the display  of  number  plates  shall  not
  apply   to  motor  vehicles  or  motorcycles  having  registrations  and
  displaying plates issued by the armed forces of the  United  States  for
  vehicles  owned  by members of the armed forces or their dependents, but
  such exemption shall be valid only for a period of forty-five days after
  the owner thereof has entered this state for the purpose of traveling to
  either his place of residence or a point of military duty.
    2. A member of the armed forces who  has  been  issued  a  license  to
  operate  a motor vehicle or motorcycle by the armed forces of the United
  States may operate a motor vehicle or motorcycle on the public  highways
  of  this state without being licensed under this chapter for a period of
  sixty days after such person has entered this state.
    3. The provisions of this chapter relative  to  the  registration  and
  equipment of motor vehicles, motorcycles and trailers and the display of
  registration  numbers  shall not apply to motor vehicles, motorcycles or
  trailers owned by members of the armed forces or  their  dependents  who
  are  non-residents  of this state, provided that the owner thereof shall
  have complied with the provisions of the law  of  the  foreign  country,
  state,  territory  or  federal  district  of  his  residence relative to
  registration and  equipment  of  such  motor  vehicles,  motorcycles  or
  trailers,  as  the  case may be, and the display of registration numbers
  thereon, and shall conspicuously display  his  registration  numbers  as
  required thereby.
    4. For the purposes of this section "member of the armed forces" shall
  mean  a  person  on  active  duty,  other  than  annual  active duty for
  training, in a branch of the armed forces of  the  United  States  or  a
  person  who  has  been  discharged  from  such  active  duty  within the
  preceding sixty days, and "dependent" shall mean a spouse or child of  a
  member  of  the  armed  forces  or  other  person  residing  in the same
  household and dependent  upon  such  member  of  the  armed  forces  for
  support.

  S 252. Exemption  of  certain  in-transit  vehicle  registrations. The
  provisions of  this  chapter  relative  to  the  registration  of  motor
  vehicles  and  motorcycles  and  the  display of number plates shall not
  apply to motor vehicles or motorcycles having a temporary in-transit  or
  transporter  registration  or permit issued by another state directly to
  the purchaser of such motor vehicle or motorcycle,  but  such  exemption
  shall  be valid until the expiration date appearing on such registration
  or permit or for a period of thirty days from the date  of  issuance  of
  such  registration  or  permit,  whichever  is  less, for the purpose of
  transporting the vehicle  to  the  jurisdiction  in  which  it  will  be
  regularly registered.

  S 253. Service of summons on non-residents. 1. The use or operation by
  a  non-resident  of  a vehicle in this state, or the use or operation in
  this state of a vehicle in the business of a non-resident, or the use or
  operation in this state of a vehicle owned by a non-resident if so  used
  or  operated  with  his  permission, express or implied, shall be deemed
  equivalent to an appointment by such non-resident of  the  secretary  of
  state  to  be  his  true and lawful attorney upon whom may be served the
  summons in any action against  him,  growing  out  of  any  accident  or
  collision  in  which  such  non-resident  may be involved while using or
  operating such vehicle in this state or in which  such  vehicle  may  be
  involved  while  being used or operated in this state in the business of
  such non-resident or with the permission, express or  implied,  of  such
  non-resident  owner;  and  such  use  or  operation  shall  be  deemed a
  signification of his agreement that any such summons against  him  which
  is  so served shall be of the same legal force and validity as if served
  on  him  personally  within  the  state  and  within   the   territorial
  jurisdiction  of  the court from which the summons issues, and that such
  appointment of the secretary of state shall be irrevocable  and  binding
  upon  his  executor  or  administrator. Where such non-resident has died
  prior to the commencement of an action brought pursuant to this section,
  service of process shall be made on the  executor  or  administrator  of
  such  non-resident  in  the  same  manner  and  on the same notice as is
  provided in the case of the non-resident himself. Where  an  action  has
  been  duly  commenced  under  the  provisions  of this section against a
  non-resident who dies thereafter, the court must allow the action to  be
  continued  against  his  executor or administrator upon motion with such
  notice as the court deems proper.
    2. A summons in an action described in this section may issue  in  any
  court  in  the  state  having  jurisdiction of the subject matter and be
  served as hereinafter provided. Service of such summons shall be made by
  mailing a copy thereof to the secretary of state at his  office  in  the
  city of Albany, or by personally delivering a copy thereof to one of his
  regularly  established  offices,  with  a  fee  of ten dollars, and such
  service shall be sufficient service upon such non-resident provided that
  notice of such service and a copy  of  the  summons  and  complaint  are
  forthwith  sent  by  or  on  behalf of the plaintiff to the defendant by
  certified mail or registered mail with  return  receipt  requested.  The
  plaintiff  shall file with the clerk of the court in which the action is
  pending, or with the judge or justice of such court in case there be  no
  clerk,  an  affidavit  of compliance herewith, a copy of the summons and
  complaint, and either a return receipt purporting to be  signed  by  the
  defendant  or  a  person  qualified  to  receive  his  certified mail or
  registered mail, in  accordance  with  the  rules  and  customs  of  the
  post-office  department;  or, if acceptance was refused by the defendant
  or his agent, the original envelope bearing a  notation  by  the  postal
  authorities  that  receipt was refused, and an affidavit by or on behalf
  of the plaintiff that notice of such mailing and refusal  was  forthwith
  sent  to  the  defendant  by  ordinary  mail;  or,  if the registered or
  certified letter was returned to the post office unclaimed, the original
  envelope bearing a notation by the postal authorities  of  such  mailing
  and  return,  an  affidavit  by  or  on behalf of the plaintiff that the
  summons  was  posted  again  by  ordinary  mail  and  proof  of  mailing
  certificate  of  ordinary mail. Where the summons is mailed to a foreign
  country, other official proof of the delivery of the mail may  be  filed
  in  case  the  post-office  department is unable to obtain such a return
  receipt. The foregoing papers shall be filed within  thirty  days  after
  the  return  receipt or other official proof of delivery or the original
  envelope bearing a notation of refusal, as the case may be, is  received
  by  the plaintiff. Service of process shall be complete when such papers
  are filed. The return receipt or other official proof of delivery  shall
  constitute  presumptive evidence that the summons mailed was received by
  the  defendant  or  a  person qualified to receive his certified mail or
  registered  mail;  and  the  notation  of   refusal   shall   constitute
  presumptive evidence that the refusal was by the defendant or his agent.
  Service  of  such  summons also may be made by mailing a copy thereof to
  the secretary of state at his office  in  the  city  of  Albany,  or  by
  personally delivering a copy thereof to one of his regularly established
  offices,  with  a fee of ten dollars, and by delivering a duplicate copy
  thereof with the complaint annexed thereto, to the defendant  personally
  without the state by a resident or citizen of the state of New York or a
  sheriff,  under-sheriff,  deputy-sheriff  or  constable of the county or
  other political subdivision in which the personal service is made, or an
  officer authorized by the laws of this state, to  take  acknowledgements
  of  deeds  to be recorded in this state, or an attorney and/or counselor
  at law, solicitor, advocate or barrister duly qualified to  practice  in
  the  state  or country where such service is made, or by a United States
  marshall or deputy United States marshall.  Proof  of  personal  service
  without  the  state  shall be filed with the clerk of the court in which
  the action is pending within thirty days after  such  service.  Personal
  service  without  the state is complete when proof thereof is filed. The
  court in which the action is pending may order such extensions as may be
  necessary to afford the defendant reasonable opportunity to  defend  the
  action.
    3.  As  used  in  this  section,  the  term  "vehicle"  means a "motor
  vehicle," "motorcycle,"  "semitrailer,"  and  "trailer"  as  defined  in
  sections  one hundred twenty-five, one hundred twenty-three, one hundred
  forty-three and one hundred fifty-six, respectively,  of  this  chapter,
  whether or not such vehicles are used or operated upon a public highway.

   S 254. Service  of  summons  on residents who depart from state and on
  residents' executors or  administrators  who  are  nonresidents  or  who
  depart from state.  The provisions of section two hundred fifty-three of
  this  chapter  shall  also  apply (a) to a resident who departs from the
  state subsequent  to  the  accident  or  collision  and  remains  absent
  therefrom for thirty days continuously, whether such absence is intended
  to  be  temporary  or permanent, and to any executor or administrator of
  such resident, and (b) to an executor or administrator of a resident  if
  such executor or administrator is a nonresident or if, being a resident,
  he  departs  from the state and remains absent therefrom for thirty days
  continuously, whether such  absence  is  intended  to  be  temporary  or
  permanent.

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