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Article 48 - NY Vehicle and Traffic Law

REGISTRATION OF VESSELS

S 2250. Jurisdiction of department. The registration of vessels shall
  be under the jurisdiction of the department. For the  purposes  of  this
  article, a vessel shall be every description of watercraft, other than a
  seaplane,  used or capable of being used as a means of transportation on
  water. A vessel propelled by an outboard motor shall include  the  hull,
  but shall not include the outboard motor.

  S 2251. Registration.  1.  No  person  shall  operate  or  permit  the
  operation of a vessel on the navigable waters of the state,  or  on  any
  other waters within the boundaries of the state, except waters which are
  privately owned, unless such vessel is registered and numbered and bears
  a  current  validation sticker in accordance with the provisions of this
  article.
    2. Issuance and period of validity. The commissioner is authorized  to
  register  a vessel, issue a registration certificate, validation sticker
  or stickers and assign a registration  number  to  such  vessel.  Unless
  otherwise prescribed by the commissioner, any such registration shall be
  valid for a period of three years unless, prior to such expiration date,
  it  is  surrendered,  cancelled,  revoked  or  suspended pursuant to the
  provisions of this article, or the  vessel  is  transferred  to  another
  owner.
    3.  Fees.  The  triennial  fee  for registration of a vessel shall be:
  twenty-two dollars and fifty cents  and  a  vessel  surcharge  of  three
  dollars  and  seventy-five  cents,  if less than sixteen feet in length;
  forty-five dollars and a vessel surcharge of twelve  dollars  and  fifty
  cents,  if sixteen feet or over but less than twenty-six feet in length;
  seventy-five dollars and a vessel  surcharge  of  eighteen  dollars  and
  seventy-five  cents,  if twenty-six feet or over. All funds derived from
  the  collection  of  the  vessel  access  surcharge  pursuant  to   this
  subdivision  are  to  be  deposited  in  a  subaccount of the "I love NY
  waterways"  vessel  access  account  established  pursuant  to   section
  ninety-seven-nn  of  the  state finance law. The vessel access surcharge
  shall not be considered a  registration  fee  for  purposes  of  section
  seventy-nine-b of the navigation law.
  Notwithstanding   any   inconsistent  provision  of  this  section,  the
  difference collected between the fees set forth in this  subdivision  in
  effect  on and after September first, two thousand nine and the fees set
  forth in this subdivision prior to such date shall be deposited  to  the
  credit  of  the dedicated highway and bridge trust fund. Notwithstanding
  any inconsistent provision of this  section,  the  difference  collected
  between  the vessel surcharge set forth in this subdivision in effect on
  and after September first, two thousand nine and  the  vessel  surcharge
  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.
    4. Application. The owner of each vessel requiring registration  under
  this  section  shall  present  an  application  for  registration to the
  commissioner, or an agent designated by 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 vessel described in the application as may be required
  by the commissioner.
    5. Renewal. Every owner of a vessel shall renew  his  registration  at
  such  times  and  in such manner as the commissioner shall prescribe, on
  payment of the same registration fees as  are  provided  in  subdivision
  three  of this section except that, in implementing the purposes of this
  act, the commissioner may schedule the commencement dates, duration  and
  expiration dates of such renewals to provide for a cycle of registration
  renewals  through  the course of a fiscal year. For registrations issued
  for less than the three year registration period, a portion of  a  month
  shall  be considered a month and the registration fee shall be levied on
  a prorated basis.
    6. Change of address. The owner of any vessel registered  pursuant  to
  the  provisions of this section shall notify the commissioner in writing
  of any change in his address within ten days after  such  change  occurs
  and  the  new  address  of  such  owner  shall  be  noted  by him on the
  certificate of registration for such vessel.
    7.  Change  of  ownership.  Upon  the  change in ownership of a vessel
  registered pursuant  to  this  section,  unless  otherwise  provided  by
  regulation of the commissioner, the certificate of registration shall be
  signed  and  dated  by the owner and surrendered to the new owner and at
  the same time the commissioner shall be notified by the former owner, in
  a manner prescribed by the commissioner, of the name and address of  the
  purchaser, the date of transfer and the identification number.
    8. Destruction, theft, loss or abandonment of vessel. The owner of any
  vessel  registered  pursuant  to  the  provisions  of this section shall
  notify the commissioner in writing of the destruction,  theft,  loss  or
  abandonment  of  such  vessel within fifteen days thereafter, and in the
  event of the loss,  destruction  or  abandonment  of  such  vessel,  the
  certificate of registration shall be surrendered with such notice.
    9.  Duplicate  certificates of registration or validating stickers. In
  the event of loss, mutilation  or  destruction  of  any  certificate  of
  registration  or  validation sticker, the owner of the registered vessel
  may file with the department such statement and proof of  the  facts  as
  the  commissioner  shall  require  with  a  fee of two dollars, with the
  department, for the issuance of a duplicate or substitute.

  S 2252. Exemption  from  registration.  1.  The  provisions of section
  twenty-two hundred fifty-one of this article  shall  not  apply  to  the
  following vessels:
    (a) Vessels having a valid marine document issued by the United States
  or a foreign government, while being used for commercial purposes.
    (b)  Vessels  displaying a valid identification or registration number
  issued by another state under a numbering system which has been approved
  in accordance with the provisions of federal law, provided  such  vessel
  shall  not  have been within this state for a period in excess of ninety
  consecutive days.
    (c) Vessels owned by residents of foreign countries temporarily  using
  the waters of the state.
    (d)  Vessels  owned  by  the  United States, a state, or a subdivision
  thereof.
    (e) Boats which are "lifeboats." No vessel which  is  used  for  other
  than  lifesaving  purposes  shall be deemed a "lifeboat" for purposes of
  this subdivision.
    (f) Vessels used exclusively for racing.
    (g) Any vessel which is not equipped with a motor by which it  may  be
  mechanically propelled.
    2.  Notwithstanding the provisions of subdivision one of this section,
  the owner of a vessel which is exempt from  the  provisions  of  section
  twenty-two  hundred  fifty-one  of  this  article may apply for, and the
  commissioner may issue, a  registration  for  such  vessel.  If  such  a
  registration  is  issued,  and while such registration is in effect, the
  provisions of this article relating  to  certificates  of  registration,
  registration numbers and validating stickers shall apply to such vessel.
  Upon  the  expiration  of  the  registration  of  any  such  vessel, the
  registration number assigned to it shall  be  effectively  removed  from
  such vessel.

    S 2253. Certificates   of   registration,  registration  numbers,  and
  validating stickers. 1. Issuance. Upon the approval  of  an  application
  for registration and payment of the fee as provided in this article, the
  commissioner  shall  assign  to  a  vessel  a  registration number, and,
  without further  expense  to  the  applicant,  issue  a  certificate  of
  registration  and, effective April first, nineteen hundred eighty-six, a
  validating  sticker  or  stickers,  in  such  manner  and  form  as  the
  commissioner shall prescribe.
    2. Certificate of registration. The certificate of registration issued
  by  the  commissioner  shall be available at all times for inspection on
  the vessel for which it is issued whenever such vessel is in  operation,
  unless  otherwise  provided by a rule or regulation of the commissioner.
  Every person operating a vessel shall, upon demand of any peace officer,
  federal officer or other person having  the  authority  to  enforce  the
  provisions  of this chapter, produce the certificate of registration for
  inspection. The failure to produce the certificate of  registration,  as
  provided  herein,  shall  not  be  an  offense, but shall be presumptive
  evidence of operating a vessel which is not registered  as  required  by
  this article.
    3. Registration number. A registration number once assigned under this
  section  shall  remain  with  the  vessel until the vessel is destroyed,
  abandoned or permanently removed from the state,  or  until  changed  or
  terminated  by the commissioner. The registration number assigned to the
  vessel shall be painted on or attached to each side of the forward  half
  of  the  vessel  by the owner in such a position as to be displayed in a
  conspicuous manner with figures and letters at  least  three  inches  in
  height.  The  registration  number  shall  be  maintained  in  a legible
  condition so that the figures and letters are readily discernible during
  daylight hours at a distance of one hundred feet. No other number  shall
  be  carried  on  the  forward  half  of such vessel. Notwithstanding the
  foregoing provisions of this subdivision, a vessel having a valid marine
  document issued by the United States or a foreign government  shall  not
  be required to display its assigned registration number on the vessel.
    4.  Validating  stickers.  Effective  April  first,  nineteen  hundred
  eighty-six, at the time of the original registration and at the time  of
  each  renewal  thereof,  the  commissioner  shall  also  issue  to  said
  registrant a validating sticker or stickers indicating the  validity  of
  the   current  registration  and  the  expiration  date  thereof,  which
  validating sticker or stickers shall be affixed to the  vessel  in  such
  manner  as  the commissioner may prescribe provided, however, that where
  the hull of a vessel equipped with a windshield is constructed of  wood,
  such  validating sticker or stickers may be affixed to the windshield of
  the vessel. From that time and notwithstanding the fact  that  a  vessel
  has  been  assigned a registration number, it shall not be considered as
  validly  registered  within  the  meaning  of  this  article  unless   a
  validating  sticker  and  current  registration  certificate  have  been
  issued. In addition, the commissioner may issue a validating sticker  or
  stickers  to the holder of a certificate of registration issued prior to
  April first, nineteen hundred eighty-six, without further expense to the
  holder, indicating the validity of  the  current  registration  and  the
  expiration  date  thereof, which validating sticker or stickers shall be
  affixed to  the  vessel  in  such  a  manner  as  the  commissioner  may
  prescribe. The commissioner shall establish by regulation such terms and
  conditions  as  may  be  necessary  to  accomplish  the issuance of such
  validating sticker or stickers and the date upon  which  their  issuance
  shall be completed. From thirty days after such date and notwithstanding
  the fact that a vessel has been assigned a registration number and has a
  current  certificate  of  registration,  it  shall  not be considered as
  validly  registered  within  the  meaning  of  this  article  unless   a
  validating sticker or stickers is displayed on the vessel.

  S 2254. Registration record. Upon the issuance of a registration for a
  vessel,  as  provided in this article, the commissioner shall enter upon
  the records of the department the registration of such vessel under  the
  registration number assigned to such vessel as provided in this article,
  and in any other manner which he deems appropriate.

   S 2255. Temporary registration. A temporary registration may be issued
  by a dealer registered in accordance with the provisions of this article
  to  the  purchaser  of  a  vessel sold by the dealer provided the dealer
  makes application on behalf  of  the  owner  for  a  registration  under
  section  twenty-two hundred fifty-one of this article no later than five
  calendar days after the issuance of  the  temporary  registration.  Such
  temporary  registration shall be valid, if issued and used in accordance
  with regulations promulgated by the commissioner, for the  operation  of
  the  vessel  for  which  it  is issued for thirty days after the date of
  issuance.  Such  temporary  registration  may   be   extended   by   the
  commissioner  for  an  additional  thirty  days.  The commissioner shall
  provide registered boat dealers with documents and forms to be  used  in
  the issuance of such temporary registrations.
  
  S 2256. Suspension and revocation of registrations; offenses;
  penalties. 1. The commissioner may suspend any registration pursuant  to
  this  article  for  violation  of  this  article  or  a violation of the
  navigation law upon the recommendation of  the  commissioner  of  parks,
  recreation  and  historic  preservation  by  the  holder  thereof.  Such
  suspension or revocation shall be ordered only after a  hearing,  unless
  waived. However, the commissioner may temporarily suspend a registration
  pending a hearing.
    2.  Any  person  who  violates  any  provisions  of  this  article  or
  regulation adopted pursuant thereto  shall  be  guilty  of  a  violation
  punishable  as provided in the penal law except the maximum fine may not
  exceed one hundred dollars.

  S 2257. Registration  of dealers. 1. For the purposes of this article,
  a dealer shall be any person engaged in the business of buying,  selling
  or trading vessels.  A person who sells three or more vessels for profit
  within  one  calendar  year  shall  be  presumed  to be a dealer if such
  vessels were purchased, acquired or otherwise obtained  by  such  person
  for the purpose of resale, and were never placed in his consumer use. On
  and  after  April  first,  nineteen  hundred eighty-six, no person shall
  engage in business as a dealer, or represent or  advertise  that  he  is
  engaged,  or  intends  to engage, in such business in this state, unless
  there shall have been issued to him a  certificate  of  registration  as
  provided  in  this  section.  A  person  shall  not  be  required  to be
  registered as a dealer  if  he  sells  no  vessels  other  than  vessels
  determined  by  regulation  of the commissioner to be vessels or devices
  which would not ordinarily be considered as usable for transportation on
  water.
    2.  Application  for  registration.  Every  dealer   shall   file   an
  application  for registration as a dealer with the commissioner of motor
  vehicles, together with all required fees, in such form and  detail  and
  containing   such  information  as  the  commissioner  shall  reasonably
  prescribe.
    3.  Issuance  of  certificate.  If  the  commissioner   approves   the
  application,  he  shall issue a certificate of registration in such form
  as he may prescribe. For the purposes of implementing this article,  the
  commissioner   may,  in  his  discretion,  issue  such  certificates  of
  registration and number plates on a staggered expiration basis, in which
  event the fees set forth in subdivision five of this  section  for  such
  certificate shall be prorated on a monthly basis.
    4. Demonstrator numbers and trailer number plates. (a) Upon payment of
  the  required  fee,  a  dealer  shall be entitled to receive one or more
  demonstrator numbers, which may be used in lieu of a registration issued
  under section twenty-two hundred  fifty-one  of  this  article  for  the
  operation  of  any vessel owned or controlled by the registrant and held
  for sale or demonstration. Demonstrator numbers shall be displayed in  a
  manner prescribed by the commissioner.
    (b)  Upon  payment  of the required fee, a dealer shall be entitled to
  receive one or more number plates which may  be  used  in  lieu  of  any
  registration  issued  under section four hundred one of this chapter for
  the operation of any boat trailer owned or controlled by the dealer  and
  held  for  the purpose of sale or demonstration, provided such operation
  is directly related to the sale or demonstration of any boat trailer  or
  vessel.  The provisions of section four hundred two of this chapter with
  respect to the care and display of number plates shall apply  to  number
  plates issued under this subdivision.
    (c)  The  commissioner  may,  in  his  discretion, limit the number of
  demonstrator numbers or number plates  which  shall  be  issued  to  any
  registrant. The fee for the replacement of lost, mutilated, or destroyed
  demonstrator numbers or number plates shall be two dollars.
    5. Fees. Every application, other than a renewal application, shall be
  accompanied  by  an  application  fee  of ten dollars, which shall in no
  event be refunded. The triennial fee for such  registration  or  renewal
  thereof   shall   be   seventy-five   dollars.  The  triennial  fee  for
  demonstrator numbers or number plates shall be sixty  dollars  for  each
  number  or  number plate. The application for registration, demonstrator
  numbers and number plates shall be accompanied  by  the  required  fees.
  There  shall  be  no  refund  of  any  registration  fee  or any fee for
  demonstrator numbers or number plates.
    6. No dealer shall sell a vessel except in accordance with regulations
  established  by  the  commissioner.  The  commissioner   may,   in   his
  discretion,  require  a  registrant to maintain a record in a prescribed
  form of all vessels received or disposed of by him. Upon request  of  an
  agent of the commissioner or of any peace officer acting pursuant to his
  special  duties, a registrant shall produce such records and permit said
  agent or peace officer to examine them, and any vessels on the  premises
  subject  to the record keeping requirements of this section during usual
  business hours or while  the  registrant  is  conducting  business.  The
  failure to produce such records or to permit such inspection as required
  by this subdivision shall be a violation.

 S 2257-a. Suspension,   revocation   or   refusal   to   issue  dealer
  registration; suspension or revocation of dealer demonstrator number  or
  trailer  plate; suspension of authority to issue temporary registration;
  civil  penalty.  1.  Suspension,  revocation  and  refusal  to  renew  a
  registration,  demonstrator number or number plate. The commissioner may
  deny the application  of  any  person  for  registration  under  section
  twenty-two  hundred  fifty-seven  of this article or suspend or revoke a
  certificate of registration, demonstrator number or number plate  issued
  under such section or refuse to issue a renewal thereof if he determines
  that  such  applicant  or  registrant  or  any  other person directly or
  indirectly interested in the business:
    (a) has made a material false statement or concealed a  material  fact
  in connection with his application;
    (b)  has  used  or permitted the use of demonstrator numbers or number
  plates contrary to law;
    (c) has been guilty of fraud or fraudulent or deceptive practices,  or
  has practiced dishonest or misleading advertising;
    (d)  does not have a place of business as defined by regulation of the
  commissioner;
    (e) was the former holder, or was an officer,  director,  stockholder,
  or  partner, in a corporation or partnership which was the former holder
  of a dealer's registration,  which  was  suspended  or  revoked  by  the
  commissioner; or
    (f)  has failed to comply with any of the rules and regulations of the
  commissioner for the enforcement of this article or with  any  provision
  of this chapter applicable thereto.
    2.  In  lieu of suspending or revoking the certificate of registration
  of a dealer, the commissioner may, for any of the grounds  specified  in
  subdivision  one  of  this section, suspend the authority of a dealer to
  issue temporary registrations pursuant  to  section  twenty-two  hundred
  fifty-five of this article.
    3. Civil penalty. The commissioner, or any person deputized by him, in
  addition  to  or  in  lieu  of revoking or suspending the certificate of
  registration, or in  addition  to  suspending  the  authority  to  issue
  temporary  registrations, may in any one proceeding by order require the
  registrant to pay to the people of this state a penalty  in  a  sum  not
  exceeding  one  thousand dollars for each violation and upon the failure
  of such registrant to pay such penalty  within  twenty  days  after  the
  mailing of such order, postage prepaid, registered, and addressed to the
  last  known  place  of business of such registrant, unless such order is
  stayed  by  an  order  of  a  court  of  competent   jurisdiction,   the
  commissioner  may  suspend  the  certificate  of  registration  of  such
  registrant until such penalty is paid. 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 registrant 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
  judgment of a court of record.
    4. No certificate of registration, demonstrator number or number plate
  shall be suspended or revoked, civil penalty  imposed  or  authority  to
  issue temporary registrations suspended until such registrant shall have
  been  given  the  opportunity  to  be  heard, upon written notice to the
  registrant, before an officer or employee of the  department  designated
  for  such  purpose  by  the  commissioner. However, the commissioner may
  temporarily suspend  a  registration,  demonstrator  numbers  or  number
  plates  and/or  the authority to issue temporary registrations pending a
  hearing.
    Upon the denial of an application for a certificate  of  registration,
  the applicant shall, upon written request made within ten days after the
  applicant is notified of such denial, be entitled to a hearing before an
  officer or employee of the department designated for such purpose by the
  commissioner.
    5.  Following  the  suspension  or  revocation  of  the certificate of
  registration of a dealer, demonstrator numbers or number plates, or  the
  suspension  of  the authority to issue temporary registrations, pursuant
  to this  section,  the  failure  of  the  holder  or  any  other  person
  possessing the certificate of registration, demonstrator numbers, number
  plates  or  temporary  registrations, issued to a dealer pursuant to the
  regulations of the commissioner, to deliver the same to  the  suspending
  or  revoking  officer  is  a  misdemeanor.  Failure of the holder or any
  person possessing the certificate of registration to deliver the same to
  any peace officer acting pursuant to his special duties, directed by the
  commissioner to secure possession thereof shall be a misdemeanor.

  S 2257-b. Yacht  brokers.  1.  A yacht broker is any person who, for a
  fee or commission, acts as an agent for either the buyer or seller of  a
  vessel.  On and after April first, nineteen hundred eighty-six, a person
  who engages  in  business  as  a  yacht  broker  shall  certify  to  the
  commissioner  that he is a yacht broker. The failure of a person engaged
  in business as a yacht broker to certify to the commissioner that he  is
  a yacht broker shall be a violation.
    2.   A  yacht  broker  shall  be  required  to  keep  records  of  all
  transactions concerning the purchase and sale of any vessel in which  he
  acted  as  agent  for  either the buyer or seller. Such records shall be
  maintained in a manner prescribed  by  the  commissioner  and  shall  be
  available  upon  request  during  business hours to any peace officer or
  agent of the commissioner.  The  failure  to  produce  such  records  as
  required by this section shall be a violation.

  S 2258. Rules and regulations. The commissioner is hereby empowered to
  make  such  rules  and regulations as he may deem necessary to carry out
  the provisions of this article.

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