|405||Authority to enter into agreements.|
|405-a||Application of article.|
|405-b||Administration of agreement.|
|405-e||Effect of issuance.|
|405-f||Disposition of fees.|
|405-h||Effect on reciprocal recognition of registrations and other reciprocity or proration agreements.|
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. Top of Page
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