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Article 2 - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title II ›
• Article 2

  S 200. Department  of  motor vehicles; commissioner. 1. There shall be
  in the state government a department of motor vehicles. The head of  the
  department  shall  be  the  commissioner  of motor vehicles who shall be
  appointed by the governor, by and with the advice  and  consent  of  the
  senate,  and  hold  office  until  the end of the term of the appointing
  governor and until a successor is appointed and has qualified,  and  who
  shall  receive an annual salary within the amount appropriated therefor.
  The commissioner of motor vehicles shall have the  immediate  charge  of
  the  department.  The commissioner of motor vehicles may appoint, and at
  pleasure  remove,  such  deputy   commissioners   of   motor   vehicles,
  inspectors,   examiners  and  other  assistants  and  employees  of  the
  department  as  are  deemed  necessary,  within  the  amounts  available
  therefor  by  appropriation.  The commissioner of motor vehicles and all
  other officers and employees of the department shall be paid and allowed
  their necessary, actual and reasonable expenses incurred in the exercise
  of their duties. All salaries and expenses of the  department  shall  be
  paid  out  of  the  state  treasury  on  the  audit  and  warrant of the
  comptroller on the certificate of the commissioner  of  motor  vehicles.
  The principal office of the department shall be in the city of Albany.
    2.  (a)  The  commissioner of motor vehicles may enter into a contract
  for the publication of a driver's manual. Such contract may provide  for
  the sale of advertising by the contractor. A contract for publication of
  a  driver's  manual  shall be awarded following consideration of factors
  which shall include, but not be limited to, the most favorable financial
  advantage for the state, and the greatest utility to the  motorist.  The
  commissioner  shall  issue a request for proposal for publication of the
  driver's manual which shall set  requirements  for  the  preparation  of
  bids;  responsibility  for  preparation  and  placement  of  appropriate
  advertising content, which shall be  limited  to  no  more  than  thirty
  percent  of  the  total space available; approval of the commissioner at
  critical  stages  of  the   driver's   manual   development,   including
  appropriate  timetables and schedules; approval of advertising standards
  and rates; any securities which shall be required of the contractor  and
  deadlines for selection of a competent contractor.
    (b)  On  or  before  February  first  of each year following enactment
  hereof, the department shall submit a report  to  the  director  of  the
  division  of the budget detailing any proposed privatization initiatives
  it would like to undertake including a summary of each  initiative,  the
  cost  savings  associated  with  each  initiative and the impact of each
  initiative on customer service and departmental staffing levels.  Copies
  of  such  report  shall be simultaneously filed with the chairpersons of
  the senate finance committee and the assembly ways and means committee.

 S 201. Custody of records. 1. Documents. The commissioner may destroy:
  (a)  any  application,  including supporting documents, for registration
  and/or title of a motor vehicle or trailer, other  than  an  application
  for  renewal of registration, or any notice of a lien on a motor vehicle
  or trailer, after such application shall have been on file for a  period
  of five years;
    (b) any application for renewal of a registration which results in the
  issuance of a registration renewal of any motor vehicle or trailer, upon
  entry of an electronic record of renewal on the files;
    (c)  any  application  for  a driver's license, including any document
  required to be filed with any such application, after  such  application
  shall have been on file for a period of five years;
    (d)   any   application,   including  supporting  documents,  for  the
  registration, other than a renewal of a registration,  of  a  snowmobile
  after  such  application  shall  have  been  on file for a period of two
  years;
    (e) any application for renewal of a registration which results in the
  issuance  of  a  registration  renewal  for  any  snowmobile,  upon  the
  expiration of the registration renewal issued;
    (f)  any application, including supporting documents, for registration
  and/or title of a motorboat, other than an application  for  renewal  of
  registration,  or  any  notice  of  a  lien  on  a  motorboat after such
  application shall have been on file for a period of four years;
    (g) any application for renewal of a registration which results in the
  issuance  of  a  registration  renewal  for  any  motorboat,  upon   the
  expiration of the registration renewal issued;
    (h)  any  application,  including  supporting  documents  relating  to
  ownership, for any other registration,  license  or  certificate  issued
  under  this  chapter and not specifically otherwise provided for in this
  subdivision, after such application shall have been on file for a period
  of five years;
    (i) (i) any accident reports filed with the  commissioner,  conviction
  certificates,  police  reports,  complaints, satisfied judgment records,
  closed suspension and revocation orders,  hearing  records,  other  than
  audio  tape  recordings of hearings, significant correspondence relating
  to any of the same, and any other record on file after remaining on file
  for four years except that if the commissioner shall receive, during the
  last year of such period of four years, written notice to retain one  or
  more of such papers or documents, the same shall be retained for another
  four  years  in addition to said period of four years. The provisions of
  this paragraph shall not apply to certificates of conviction filed  with
  respect  to convictions which affect sentencing or administrative action
  required by law beyond such four year period. Such certificates  may  be
  destroyed   after   they   have   no   legal  effect  on  sentencing  or
  administrative action;
    (ii)(A) Notwithstanding the provisions of  subparagraph  (i)  of  this
  paragraph,  the commissioner may destroy any conviction certificates and
  closed suspension and revocation orders after remaining on file for:
    (1) fifty-five years where the conviction and suspension or revocation
  order relates to a conviction, suspension or revocation by the holder of
  any driver's license when  operating  a  commercial  motor  vehicle,  as
  defined  in  subdivision  four  of  section  five  hundred one-a of this
  chapter, or by the holder of a commercial driver's license or commercial
  learner's permit when operating any motor vehicle, who: has  refused  to
  submit to a chemical test pursuant to section eleven hundred ninety-four
  of  this chapter or has been convicted of any of the following offenses:
  any violation of subdivision  two,  two-a,  three,  four  or  four-a  of
  section  eleven  hundred  ninety-two  of  this chapter, any violation of
  subdivision one or two of section  six  hundred  of  this  chapter,  any
  felony  involving  the  use  of a motor vehicle, other than the use of a
  motor vehicle in the commission of  a  felony  involving  manufacturing,
  distributing,  dispensing  a  controlled  substance;  or the conviction,
  suspension or revocation involves any of the  following  offenses  while
  operating  a commercial motor vehicle: any violation of subdivision five
  or six of section eleven hundred ninety-two of this chapter,  driving  a
  commercial  motor vehicle when as a result of prior violations committed
  while operating a commercial  motor  vehicle,  the  driver's  commercial
  driver's license or commercial learner's permit is suspended or revoked,
  or  has  been  convicted  of  causing  a  fatality through the negligent
  operation of a commercial motor vehicle, including but  not  limited  to
  the  crimes  of vehicular manslaughter and criminally negligent homicide
  as set forth in article one hundred twenty-five of the penal law;
    (2)  fifteen  years  for violating an out of service order as provided
  for in the rules and regulations of  the  department  of  transportation
  while operating a commercial motor vehicle.
    (B)  Any  conviction  arising out of the use of a motor vehicle in the
  commission  of  a  felony  involving  manufacturing,  distributing,   or
  dispensing a controlled substance shall never be destroyed.
    (C)  The  provisions  of this subparagraph shall only apply to records
  requested by a state, the United States secretary of transportation, the
  person who is the subject of the record, or a motor carrier who  employs
  or  who  prospectively  may  employ the person who is the subject of the
  record.
    (j) audio tape recordings of hearings, two years after  such  hearing;
  provided,  however, that audio tape recordings of hearings held pursuant
  to section two hundred twenty-seven of this  chapter  may  be  destroyed
  ninety  days  after  a determination has been made as prescribed in such
  section.
    (k) any records, including any reproductions or electronically created
  images of such  records  and  including  any  records  received  by  the
  commissioner  from  a court pursuant to paragraph (c) of subdivision ten
  of  section  eleven  hundred  ninety-two  of  this  chapter  or  section
  forty-nine-b of the navigation law, relating to a finding of a violation
  of  section  eleven  hundred ninety-two-a of this chapter or a waiver of
  the right to a hearing under section  eleven  hundred  ninety-four-a  of
  this  chapter  or  a  finding of a refusal following a hearing conducted
  pursuant to subdivision three of section eleven hundred ninety-four-a of
  this chapter or a finding of a violation of section forty-nine-b of  the
  navigation  law  or  a  waiver of the right to a hearing or a finding of
  refusal following a hearing conducted pursuant to  such  section,  after
  remaining  on  file  for three years after such finding or entry of such
  waiver or refusal or until the person that is  found  to  have  violated
  such  section  reaches  the  age of twenty-one, whichever is the greater
  period of time. Upon the expiration of the  period  for  destruction  of
  records  pursuant  to  this  paragraph,  the entirety of the proceedings
  concerning the violation or alleged violation  of  such  section  eleven
  hundred ninety-two-a of this chapter or such section forty-nine-b of the
  navigation  law,  from the initial stop and detention of the operator to
  the entering of a finding and imposition of sanctions  pursuant  to  any
  subdivision  of  section eleven hundred ninety-four-a of this chapter or
  of section forty-nine-b of the navigation law shall be deemed a nullity,
  and the operator shall be restored, in  contemplation  of  law,  to  the
  status he occupied before the initial stop and prosecution.
    2.  Reproduction  of  documents  by  commissioner.  The  provisions of
  subdivision one of this section shall not prevent the commissioner  from
  reproducing a copy of any document specified in that subdivision or from
  electronically creating and storing an image of any documents maintained
  by  the  department. Such image or reproduction may be designated as the
  official departmental record. The original  document  may  be  destroyed
  after  such  reproduction  or  image  has  been  made  and filed and the
  destruction of the reproduction  or  image  shall  be  governed  by  the
  provisions of subdivision one of this section.
    3.  Electronically  or mechanically stored records. Any electronically
  or mechanically stored record relating to:
    (a) certificates of title shall be retained  for  a  period  of  seven
  years  from  the  date  of  the issuance of the title plus an additional
  three consecutive years of inactivity regarding the titled vehicle;
    (b) liens and satisfaction of liens shall be  retained  for  one  year
  from the date of satisfaction;
    (c)  renewal of the registration of any motor vehicle or trailer shall
  be retained for a period of one year from the date of expiration of  the
  registration issued;
    (d) driver's licenses shall be retained for a period of two years from
  the date of expiration of the last driver's license issued;
    (e)  registrations,  licenses,  or certificates not otherwise provided
  for in this subdivision shall be retained for a period of one year  from
  the date of expiration of the last registration, license or certificate;
    (f)  documents  specified  in paragraph (i) of subdivision one of this
  section shall be retained until the document itself may be destroyed.
    4. Whenever any document  referred  to  in  subdivision  one  of  this
  section  shall  have  been  destroyed,  a  document  produced  from  the
  surviving electronically or mechanically stored  data  record  shall  be
  considered the original record of such document.
    5.  Whenever  any  document  referred  to  in  subdivision one of this
  section or any record retained in subdivision three of this section  has
  been  retained  beyond the required retention period of such document or
  record, the document or record shall not be a public record; and, to the
  extent that any document referred to in paragraph (k) of subdivision one
  of this section  has  not  been  destroyed  at  the  expiration  of  the
  retention  period  set  forth  therein,  such  document  shall be deemed
  destroyed as a matter of law for all purposes upon the expiration of the
  retention period.
    6. Whenever any document  referred  to  in  subdivision  one  of  this
  section  is  filed  with  this  department when it is not required to be
  filed and is used by this department for no other purposes,  other  than
  for  statistics  or research, the document shall not be a public record.
  Provided, however, that an accident report filed  with  this  department
  when  it is not required to be filed shall not be a public record except
  as follows:  for use by the state or any political  subdivision  thereof
  for  no other purposes other than for statistics or research relating to
  highway safety; for any lawful purpose by a person to whom  such  report
  pertains   or   named   in   such  report,  or  his  or  her  authorized
  representative; and, for  use  by  any  other  person,  or  his  or  her
  authorized  representative,  who has demonstrated to the satisfaction of
  the commissioner that such person is or may be a party to a civil action
  arising out of the conduct described in such accident report.
    7. Where a  judge  or  magistrate  reports  a  license  suspension  or
  revocation   to   the   commissioner,   following  a  youthful  offender
  determination, as is required by section five hundred thirteen  of  this
  chapter,  the  commissioner  shall not make available the finding of the
  court of youthful offender status to any person, or  public  or  private
  agency.

  S 202. Fees  for searches and copies of documents.  1. Except in those
  cases in which it is provided by law that no fee shall be  charged,  the
  fees  for searching the records of the department of motor vehicles kept
  pursuant to the provisions of this chapter and for furnishing copies  of
  documents  in  said  department  kept pursuant to the provisions of this
  chapter shall be as provided in this section.   Provided, however,  that
  no  fee  shall  be  charged any public officer, board or body, volunteer
  fire company, volunteer  ambulance  service,  or  legal  aid  bureau  or
  society  or  other  private entity when acting pursuant to section seven
  hundred twenty-two  of  the  county  law,  for  searches  or  copies  of
  documents to be used for a public purpose.
    2.  Fees  for searches of records. * (a) The fee for a search which is
  made manually by the department shall be ten dollars.
    * NB Effective until April 1, 2020
    * (a) The fee for a search which is made manually  by  the  department
  shall be five dollars.
    * NB Effective April 1, 2020
    * (b)  The  fee  for  a  search  which  is  made  by direct entry by a
  requester who has been approved for such entry by the commissioner shall
  be seven dollars.
    * NB Effective until April 1, 2020
    * (b) The fee for a  search  which  is  made  by  direct  entry  by  a
  requester who has been approved for such entry by the commissioner shall
  be four dollars.
    * NB Effective April 1, 2020
    * (c)  The  fee  for  a search which is made by means of an electronic
  medium which has been prepared by a requester who has been approved  for
  such  service  by  the  commissioner  and  which  is  processed  by  the
  department shall be seven dollars.
    * NB Effective until April 1, 2020
    * (c) The fee for a search which is made by  means  of  an  electronic
  medium  which has been prepared by a requester who has been approved for
  such  service  by  the  commissioner  and  which  is  processed  by  the
  department shall be four dollars.
    * NB Effective April 1, 2020
    (d)  The  commissioner  may  condition  approval for direct entry of a
  request or  use  of  an  electronic  medium  by  a  requester  upon  the
  establishment  and  maintenance of an account with the department with a
  minimum  balance  established  by  the  commissioner  from  which   fees
  chargeable  to  the  requester  shall  be  deducted.  In  addition,  the
  commissioner shall prescribe the specifications and procedures  for  use
  of  electronic media and may establish a minimum and/or a maximum number
  of searches which may be contained on any  one  such  electronic  medium
  submission.
    (e)  For  the  purposes  of  this section, a search shall consist of a
  single entry of an acceptable identifier for the purpose of obtaining  a
  specific category of information relating to a person, vehicle or number
  plate.  The  commissioner shall by regulation define such categories and
  identifiers acceptable  for  such  categories.  Except  as  provided  in
  subdivision  three  of  this  section,  a  search  of  the record of the
  department shall include the furnishing of the information disclosed  by
  such  search,  and  with  respect  to  searches  made  manually  by  the
  department, shall include a certification of such record.
    3. Fees for copies of documents. The fees  for  copies  of  documents,
  other  than accident reports, shall be one dollar per page. A page shall
  consist of either a single or double side of any document. The fee for a
  copy of an accident report shall  be  fifteen  dollars.  All  copies  of
  documents  shall  be  certified at no additional fee. Whenever search of
  records of the department is required in conjunction with a request  for
  a  copy of a document, the fee for such search shall be the fee provided
  in paragraph (a) of subdivision two of this section. The result of  such
  search  will  be  the  locating  of  the document to be copied, or if no
  document can be located, a certification to  that  effect  will  be  the
  result of the search.
    4.  Registration  lists  and  title  information. (a) The commissioner
  shall have discretion to contract with the highest responsible bidder or
  bidders to  furnish  the  registration  information  specified  in  this
  section   from  the  records  of  all  vehicle  registrations  from  any
  registration period, or number of periods not exceeding  five  years  in
  the  aggregate,  with  respect  to  a  given territory or information on
  titles. In such event, the fees provided by this section shall not apply
  to copies of  records  furnished  under  any  such  contract.  Any  such
  contract entered into by the commissioner pursuant to this section shall
  not  be  for  a  term  of more than two years and shall contain language
  prohibiting the successful bidder from assigning the contract  and  from
  any  use  or  resale  of the information received which use or resale is
  contrary to the public policy of this state or is contrary to the public
  morals  or  welfare.  In  addition,  any  such  sale   of   registration
  information   shall  be  limited  to  only  that  part  of  the  vehicle
  registration records describing the name and address of the owner of the
  vehicle and the  make,  model,  year,  weight,  body  style,  number  of
  passengers and cylinders, fuel, license number, type of registration and
  transaction,  validation  and expiration date and vehicle identification
  number of the vehicle.
    (b) The commissioner shall notify each  vehicle  registrant  that  the
  registration  information specified in paragraph (a) of this subdivision
  has been or will be furnished to the contracting party. The commissioner
  shall inform each vehicle registrant when such  registrant  first  makes
  application  for  a vehicle registration or when such registrant applies
  to renew an existing vehicle registration how to achieve the deletion of
  such information from the contracting party's file. The contract between
  the commissioner and the contracting party shall provide that, upon  the
  request  of the registrant made in such manner and in such form as shall
  be prescribed by the commissioner, such registration  information  shall
  be  deleted  from the contracting party's file for all purposes, except:
  (i) issuance  of  manufacturer's  warranty,  safety  recall  or  similar
  notices, or (ii) statistical complications.
    (c)  Any  material  violation  of  the  terms  of such contract by the
  successful bidder not  corrected  or  discontinued  within  thirty  days
  following  receipt of notice of such violation will automatically cancel
  and void its contract with  the  commissioner  and  disqualify  it  from
  bidding for the five successive years following such cancellation.
    (d)  Any  contract  authorized by this section shall be subject to the
  provisions of article nine of the state finance law.
    (e)  The  commissioner  may  from  time  to  time  require  that   the
  contracting  party  pursuant  to this section submit written reports, in
  form satisfactory to  the  commissioner,  concerning  the  use  of  such
  registration or title information.
    5.  Miscellaneous  charges.  The commissioner upon request may furnish
  copies of documents and records of searches by means  other  than  first
  class  mail  upon  prior payment of any additional cost involved in such
  transmission. Where the cost of such requested  transmission  cannot  be
  readily determined before transmission, the commissioner may establish a
  reasonable  fee  to  cover the cost of such transmission. Nothing herein
  shall be construed to require the commissioner to provide such service.

    S 202-b. Penalties for submission of dishonored checks and credit card
  payments.  (a)  A thirty-five dollar penalty fee shall be charged to any
  person who has submitted a check to the commissioner or his or her agent
  as payment for any license, permit or registration or any other type  of
  fee  for  any  type  of transaction as required by this chapter and such
  check has been dishonored. Such  thirty-five  dollar  penalty  shall  be
  added  to  the  amount  due to the commissioner. In addition, any or all
  licenses, permits or registrations issued in the name of such person may
  be suspended and, if a suspension has been issued, any other transaction
  in the name of such person with this department may be prohibited  until
  full  satisfaction  of  the  amount  due  to  the  commissioner  and the
  thirty-five dollar penalty fee is paid  to  the  commissioner.  No  such
  suspension shall be issued until thirty days after notification that the
  check  has  been dishonored is mailed to such person. If satisfaction is
  made within thirty days from the date of mailing of  such  notification,
  no suspension shall be issued. (b) In any case where a person has made a
  credit  card  payment to the commissioner or his or her agent as payment
  for any license, permit or registration or any other type of fee for any
  type of transaction as required by this chapter, and  such  credit  card
  payment  is contested and is not honored by the credit card company, any
  other transaction in the name of such person with the department may  be
  prohibited, upon at least thirty days notice, until full satisfaction of
  the amount due to the commissioner has been paid.

  S 203. Oaths  and acknowledgments. The commissioner of motor vehicles,
  a deputy commissioner, an  assistant  deputy  commissioner  or  a  motor
  vehicle referee shall have power to administer oaths and take affidavits
  and  acknowledgments  in  relation  to  any  matter or proceeding in the
  exercise of  the  powers  or  the  performance  of  the  duties  of  the
  commissioner  under  this  chapter.  Any  officer  or  employee  of  the
  department of  motor  vehicles,  designated  for  that  purpose  by  the
  commissioner  of  motor  vehicles, or any assistant to a county clerk as
  may be designated by such county clerk, shall have  power  to  take  any
  affidavit  or  acknowledgment  which any person is required to file with
  the department of motor vehicles.

  S 204. Subpoenaing  hearing  referees.  No  officer or employee of the
  department of motor vehicles who has conducted a hearing  concerning  an
  owner  or operator of a motor vehicle or motorcycle shall be required to
  appear in any court as a witness in a civil action in which  such  owner
  or  operator  is a party except pursuant to a subpoena signed by a judge
  of a court of record, or a judge of the court in  which  the  action  is
  pending,  issued  upon an application to such judge after, at least, one
  day's notice to the commissioner  or  a  deputy  commissioner  of  motor
  vehicles.

  S 205. County clerks as agents of the commissioner; fees. 1. The clerk
  of  each  county,  except the counties of Rockland, Albany, Westchester,
  Suffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond and New  York,
  shall  act as the agent of the commissioner in the registration of motor
  vehicles,  motorcycles,  and   when   directed   by   the   commissioner
  snowmobiles,  vessels  and  all terrain vehicles, and in the issuance of
  certificates thereof and number plates therefor, in receiving  documents
  relating to certificates of title, and unless and until the commissioner
  shall  otherwise  direct  in  any  county, in the issuance of non-driver
  identification cards and drivers' licenses  upon  the  certification  of
  inspectors,  and motor vehicle enforcement transactions. Each such agent
  shall  remit  to  the  commissioner  all  fees  collected  by  him   for
  registrations,  licenses, identification cards and transfers or relating
  to certificates of title, except as hereinafter provided, together  with
  a  complete  record  of  such  registrations,  identification  cards and
  licenses issued and transfers made, in  accordance  with  the  procedure
  prescribed  by  the  commissioner,  and  with  all documents relating to
  certificates  of  title  received  and  such  record  thereof   as   the
  commissioner prescribes.
    2.  The  commissioner may authorize such county clerk to establish one
  or  more  temporary  branch  offices  within  the  county,  when  deemed
  necessary,  to  issue  certificates  of  registration, and number plates
  therefor for motor vehicles, motorcycles, snowmobiles and vessels or the
  renewal or issuance of  non-driver  identification  cards  and  drivers'
  licenses on certification of inspectors or to receive documents relating
  to  certificates  of  title.  The  work in such temporary branch offices
  shall be performed by one  or  more  employees  of  the  clerk's  office
  designated for the purpose without additional compensation. The expenses
  actually  and necessarily incurred by the county clerk or such employees
  shall be a charge against the county.
    3. Each such county clerk shall retain from  fees  collected  for  any
  motor  vehicle  related  service  described  in  subdivision one of this
  section processed by such county clerk an amount based on  a  percentage
  of  gross  receipts  collected.  For  purposes of this section, the term
  "gross receipts" shall include all fines, fees and  penalties  collected
  pursuant  to  this  chapter  by  a  county  clerk acting as agent of the
  commissioner, but  shall  not  include  any  state  or  local  sales  or
  compensating  use  taxes  imposed  under or pursuant to the authority of
  articles twenty-eight and twenty-nine of the tax law  and  collected  by
  such  clerk  on  behalf of the commissioner of taxation and finance. The
  retention percentage shall be 12.7 percent and shall take  effect  April
  first,  nineteen  hundred  ninety-nine; provided, however, the retention
  percentage shall be thirty percent of the thirty dollar fee  established
  in  paragraph  (e) of subdivision two of section four hundred ninety-one
  and paragraph f-one of subdivision two of section five hundred three  of
  this chapter.
    3-a. In addition to the fees retained pursuant to subdivision three of
  this  section, each county clerk acting as the agent of the commissioner
  pursuant to subdivision one of this section shall retain four percent of
  "enhanced internet and electronic  partner  revenue"  collected  by  the
  commissioner.  For  the purposes of this subdivision, "enhanced internet
  and electronic partner revenue" shall mean the amount of gross  receipts
  attributable  to all transactions conducted on the internet by residents
  of such county and by designated partners of the department on behalf of
  such residents for the current calendar year that exceeds the amount  of
  such  revenue  collected  by  the  commissioner during calendar year two
  thousand eleven. The  commissioner  shall  certify  the  amounts  to  be
  retained  by  each  county clerk pursuant to this subdivision. Provided,
  however, that if the aggregate amount of fees retained by county  clerks
  pursuant  to  this subdivision in calendar years two thousand twelve and
  two thousand thirteen combined exceeds eighty-eight million five hundred
  thousand  dollars, then the percentage of fees to be retained thereafter
  shall be reduced to a percentage that, if applied to the fees  collected
  during  calendar  years  two  thousand  twelve and two thousand thirteen
  combined, would have resulted in an aggregate retention of  eighty-eight
  million  five  hundred  thousand  dollars  or  2.5  percent  of enhanced
  internet and electronic partner revenue, whichever  is  higher.  If  the
  aggregate  amount  of  fees  retained  by county clerks pursuant to this
  subdivision in calendar years  two  thousand  twelve  and  two  thousand
  thirteen  combined  is  less  than  eighty-eight  million  five  hundred
  thousand dollars, then the percentage of fees to be retained  thereafter
  shall  be  increased  to  a  percentage  that,  if  applied  to the fees
  collected during calendar years two thousand  twelve  and  two  thousand
  thirteen  combined,  would  have  resulted  in an aggregate retention of
  eighty-eight million five hundred thousand dollars, or  six  percent  of
  enhanced  internet and electronic partner revenue, whichever is less. On
  and after April first, two thousand sixteen,  the  percent  of  enhanced
  internet  and electronic partner revenue to be retained by county clerks
  shall be the average of the  annual  percentages  that  were  in  effect
  between  April  first,  two  thousand twelve and March thirty-first, two
  thousand sixteen.
    4. The commissioner may prescribe minimum  staff  requirements  to  be
  maintained  by  county  clerks  for  the  performance of their duties as
  agents of the commissioner. No such  staff  requirements  shall  require
  expenditures in excess of the amount of the percentage of gross receipts
  retained  by any county or county clerk pursuant to subdivision three of
  this section.
    5. For registration renewals pursuant to subdivision  two  of  section
  four  hundred  three  of  this chapter, the commissioner shall reimburse
  each county clerk the actual postage expense incurred by such  clerk  in
  mailing  a number plate or plates to a registrant, provided that mailing
  of such number plate or plates has been done in a manner  prescribed  by
  the commissioner.

 S 206. Deputization   of   agents.   The   commissioner  may,  in  his
  discretion, deputize any person to act for the commissioner, subject  to
  rules  and  limitations prescribed by him, for the purpose of issuing or
  renewing licenses, registrations and number plates.  Any  such  license,
  registration  or  number  plate so issued or renewed shall be subject to
  cancellation by the commissioner, if improperly  issued.  Such  deputies
  shall not receive compensation from the state under this section, and no
  fee  in  addition  to  the  fees  prescribed by law shall be charged any
  applicant unless such fee has been approved  by  the  commissioner.  The
  commissioner  may,  without  a hearing, revoke at any time the authority
  granted to any person under this section.

  S 207. Uniform  traffic  summons and complaint. 1. Except as otherwise
  provided, the commissioner shall be authorized to prescribe the form  of
  summons  and  complaint  in  all  cases  involving  a  violation  of any
  provision of this chapter, including section twelve hundred three-c,  or
  of  any provision of the tax law or of the transportation law regulating
  traffic, or of any ordinance, rule or regulation  relating  to  traffic,
  and  to establish procedures for proper administrative controls over the
  disposition thereof. The commissioner is not authorized to prescribe the
  form  of  summons  and  complaint  for  parking,  stopping  or  standing
  violations  or a violation of article forty-seven or forty-eight of this
  chapter.
    2. The chief executive officer of each local  police  force  including
  county,  town,  city  and  village police departments, sheriffs, and the
  superintendent of state police shall prepare or  cause  to  be  prepared
  such records and reports as may be prescribed hereunder.
    3.  The  commissioner  shall have the power from time to time to adopt
  such rules and  regulations  as  may  be  necessary  to  accomplish  the
  purposes   and   enforce   the  provisions  of  this  section  including
  requirements for reporting by  trial  courts  having  jurisdiction  over
  traffic violations.
    4.  The provisions of this section shall not apply to or supersede any
  ordinance, rule or regulation heretofore or hereafter made,  adopted  or
  prescribed  pursuant  to  law  in  any  city  having a population of one
  million or over, and the commissioner may limit the application  of  any
  rule or regulation to exclude specified violations based upon conditions
  or  factors  making differentiation or separate classification necessary
  or desirable.
    5. Any  person  who  disposes  of  any  uniform  traffic  summons  and
  complaint  in  any  manner  other  than  that prescribed by law shall be
  guilty of a misdemeanor.

 S 208. Affirmation  of  complaints.  Where  a traffic summons has been
  served by a police officer, police cadet or bridge and  tunnel  officers
  employed  by  the  triborough  bridge  and  tunnel authority in cases of
  violations of any provision of this chapter, except title eleven, or  of
  any  ordinance,  rule or regulation enacted pursuant thereto or pursuant
  to any other law relating to traffic, any chief, deputy chief,  captain,
  lieutenant  or  acting  lieutenant,  or sergeant or acting sergeant of a
  police department, or any sheriff, undersheriff,  chief  deputy,  deputy
  sergeant  or deputy in charge of a road patrol maintained by any sheriff
  in any county to whom the service of the traffic summons is reported, is
  hereby authorized to administer to such police officer, police cadet  or
  bridge  and  tunnel officer employed by the triborough bridge and tunnel
  authority all necessary oaths in connection with the  execution  of  the
  complaint  to be presented in court by such police officer, police cadet
  or bridge and tunnel officer  employed  by  the  triborough  bridge  and
  tunnel  authority  in  the  prosecution of such offense, but a complaint
  need not be verified provided it shall  be  affirmed  under  penalty  of
  perjury.

  S 209. Bureau  of  motor  vehicles  abolished;  transfer of functions;
  officers and employees. The bureau of motor vehicles in  the  department
  of  taxation  and finance is hereby abolished. The functions, powers and
  duties of the bureau of motor vehicles in the department of taxation and
  finance are hereby assigned to the department of  motor  vehicles.  Each
  deputy commissioner in the bureau of motor vehicles in the department of
  taxation  and finance shall continue in office as deputy commissioner in
  the department of motor vehicles and shall serve during the pleasure  of
  the  commissioner. All civil service employees in the existing bureau of
  motor vehicles in the department of taxation and finance, in service  at
  the  time  this  section  takes effect, shall retain their present civil
  service classification and be transferred to  the  department  of  motor
  vehicles   without  further  examination  or  classification,  and  such
  employees shall perform such duties therein as may be assigned  to  them
  by the commissioner.

  S 210. Highway  safety  powers  and  duties. The commissioner of motor
  vehicles shall have power to:
    1. Formulate  uniform  highway  safety  programs  and  coordinate  the
  efforts   of   all   interested  individuals  and  agencies  engaged  in
  safety-education.
    2.  Conduct  a  highway  safety  and  driver  training   program,   in
  conjunction with any interested public or private agencies, as an aid to
  the national defense.

 S 211. Continuity of authority. The department of motor vehicles shall
  be  deemed  to constitute a continuation of the powers and duties of the
  bureau of motor vehicles in the department of taxation and  finance  and
  not  a new authority for the purpose of succession to the rights, powers
  and duties and obligations hereby assigned to the department.

 S 212. Transfer of records and property. All books, papers and records
  of  the  bureau  of  motor  vehicles  in  the department of taxation and
  finance shall be transmitted to the department of motor vehicles and the
  commissioner shall take possession thereof.

 S 213. Terms occurring in contracts and other documents.  Whenever the
  bureau  of  motor  vehicles in the department of taxation and finance is
  referred to or designated in any contract or document, such reference or
  designation shall be deemed to mean and refer to the department of motor
  vehicles.

 S  214.  Proof of mailing of notice or order. The production of a copy
  of a notice  or  order  issued  by  the  department,  together  with  an
  electronically-generated  record  of  entry of such order or notice upon
  the appropriate driver's license or registration file of the  department
  and an affidavit by an employee designated by the commissioner as having
  responsibility  for  the  issuance of such order or notice issued by the
  department setting forth the procedure for the issuance and the  mailing
  of  such  notice or order at the address of such person on file with the
  department or at the current  address  provided  by  the  United  States
  postal  service  shall  be  presumptive  evidence  that  such  notice of
  suspension, revocation or order was produced and  mailed  in  accordance
  with such procedures. The foregoing procedure shall not preclude the use
  of an affidavit of service by mail, a certificate of mailing or proof of
  certified  or  registered  mail as proof of mailing of any such order or
  notice.

 S 215. Rules   and   regulations.  (a)  General.  Subject  to  and  in
  conformity with the provisions of the vehicle and traffic  law  and  the
  constitution  and  laws  of the state, the commissioner may enact, amend
  and repeal rules and regulations which shall regulate  and  control  the
  exercise  of  the  powers  of  the department and the performance of the
  duties of officers, agents and other employees thereof.
    (b) Vehicle equipment. If the commissioner and  the  attorney  general
  shall  determine that any provision of this chapter relating to required
  vehicle  equipment  has  been  preempted  by  a  federal  regulation  or
  standard,   the  commissioner  may,  in  his  discretion,  promulgate  a
  regulation governing such item  or  items  of  equipment,  in  a  manner
  consistent  with  such  federal regulation or standard. Such regulation,
  when filed with the secretary of state, shall supersede  the  provisions
  of  this  chapter  relating  to  the  same  item  or items of equipment,
  provided that such regulation shall only  remain  in  force  and  effect
  until thirty days after the next adjournment of a regular session of the
  legislature  provided,  however,  that  the authority to promulgate such
  regulation shall only be exercised if the federal regulation or standard
  involved does not take effect at a  time  when  the  legislature  is  in
  regular  session,  and  the commissioner's regulation is promulgated and
  takes  effect  prior  to  the  next  ensuing  regular  session  of   the
  legislature.
    (c)   The   commissioner  shall  determine  the  degree  to  which  an
  identification card issued to veterans by the United  States  department
  of  veterans  affairs  may  be  used as proof of name and/or age for the
  purpose of obtaining a driver's  license  or  non-driver  identification
  card under this chapter.

  S  Automotive-medical  research  division.  The  commissioner shall
  establish an automotive-medical research division with  such  facilities
  and   such  expert  assistants  as  are  necessary  to  do  medical  and
  engineering  research  in  the  field  of  motor  vehicle  safety.   The
  commissioner shall from time to time make reports and recommendations to
  the  governor,  and  the  legislature on the findings and studies of the
  agency. The  commissioner  shall  be  empowered  to  contract  with  the
  department  of  health  for  medical research necessary to carry out the
  purposes of this section, and, subject to the provisions  of  the  state
  finance  law,  to  take  and administer for the state any grant, gift or
  bequest to be applied, principal or income, or both,  for  the  purposes
  specified  in such grant, to the maintenance and operation of a research
  program under this section.

  S 216-a. Statistics on driving while intoxicated.  1. The commissioner
  shall  collect and analyze statistical information and data with respect
  to: (i) the  number  of  persons  charged  with  violating  any  of  the
  provisions   of  section  eleven  hundred  ninety-two  of  this  chapter
  prohibiting the operation of a motor vehicle while under  the  influence
  of  alcohol  or  drugs,  or  the  provisions  of  section eleven hundred
  ninety-two-a of this  chapter  prohibiting  persons  under  the  age  of
  twenty-one from operating a motor vehicle after having consumed alcohol,
  or  the  provisions  of  section  forty-nine-b  of  the  navigation  law
  prohibiting persons under the age of twenty-one from operating a  vessel
  after  having  consumed alcohol; and (ii) the disposition of such charge
  and (iii) if a conviction or finding was had thereon,  the  category  of
  the  offense  for  which  such conviction or finding was had, whether it
  resulted from a plea of guilty or after trial or after a hearing  before
  a  hearing  officer  and  the  sentence  thereon;  and  (iv)  such other
  information as the commissioner shall deem relevant. Provided,  however,
  that  nothing  herein  shall  be  deemed  to  authorize the reporting or
  collecting of any information relating to the identity of any person  so
  charged, and no such information shall be so reported to or collected by
  the  commissioner except for the purposes of assisting courts or hearing
  officers in the suspension of licenses pursuant to sections five hundred
  ten and five hundred fourteen of  this  chapter  or  the  suspension  of
  operating  privileges pursuant to section forty-nine-b of the navigation
  law, and no such information may be disseminated except to  such  courts
  or hearing officers.
    2.  The  commissioner  shall  from  time  to  time  make  reports  and
  recommendations to the governor  and  the  legislature  based  upon  the
  compilation  and  analysis  of the information and data made pursuant to
  this section.

 S 217. Record of hearings. At any hearing held by the commissioner, or
  a  person deputized by him to conduct a hearing to determine whether any
  license or registration issued pursuant to this chapter or any privilege
  of operating or privilege of operation should be suspended or revoked, a
  mechanical or electronic recording device may be used for the making  of
  a record of the proceedings.

 S 218. Special  classification  of vehicles. Notwithstanding any other
  provision of this chapter, any vehicle or  class  of  vehicles  may,  by
  regulation  of the commissioner, be added to or exempted from any of the
  definitions or classifications contained in  this  chapter,  where  such
  addition  or  exemption  is deemed, in his discretion, either necessary,
  desirable or equitable because of the particular characteristics of such
  vehicle or class of vehicles; provided, however, that no  vehicle  which
  is  exempted  from  registration by any provision of this chapter may be
  reclassified pursuant to this section to require  registration,  and  no
  vehicle  which  is  specifically enumerated in schedule F of subdivision
  seven of section four hundred one of this chapter  may  be  reclassified
  pursuant to this section to require registration at an increased fee.

 S 219. Interstate  compacts.  Whenever  any  provision of this chapter
  shall provide for or establish a compact or  reciprocal  recognition  of
  vehicle  registrations  with  another  state  or states, the governor or
  commissioner may enter into a written  agreement  or  compact  with  any
  state  authorized  to  be  a  party  to such compact or affected by such
  reciprocal provisions, provided that the conditions and  terms  of  such
  agreement  or compact are consistent with the provisions of this chapter
  pertaining  to  such  compact  or  reciprocal  recognition  of   vehicle
  registrations.

  S 220. Exemptions  for safety equipment. (1) Notwithstanding any other
  provision of this chapter or other  law,  whether  general,  special  or
  local,  the commissioner may permit the installation and use of any item
  of equipment which he, in his discretion, determines will either  reduce
  accidents,  injuries  and fatalities, or otherwise contribute to highway
  safety.
    (2) Where an exemption  is  granted  pursuant  to  the  provisions  of
  subdivision   one,   the  commissioner  may,  by  regulation,  establish
  standards for the manufacture and use of any  equipment  for  which  the
  exemption is granted.

  S 221. Annual  compilation  of  this  chapter.  The commissioner shall
  cause to be published by the  department,  and  make  available  to  the
  public, an annual paperback compilation of all of the provisions of this
  chapter.  The  commissioner shall establish a reasonable fee, chargeable
  on a per copy basis, sufficient to cover the  cost  of  preparation  and
  distribution of such books.

  S 222. Exemptions  for testing, demonstration or experimentation.  The
  commissioner, upon application of a person, or upon his own application,
  may grant an exemption from any requirement of this chapter relating  to
  registration  or  equipment to any designated vehicle for the purpose of
  testing, demonstration or experimentation.  Any such exemption shall  be
  limited  to  specific  areas  and  times,  and  such exemptions shall be
  evidenced by a certificate issued by the commissioner or his  designated
  agent, which certificate shall contain a description of the vehicle, the
  exemptions  granted,  and  the  areas  and times to which the exemptions
  apply. For the purposes  of  this  section,  testing,  demonstration  or
  experimentation  shall  be limited to such activities being performed at
  the request of, or with the consent of a governmental  agency.  For  the
  purposes of articles six, seven and eight of this chapter, a certificate
  issued  pursuant  to  this section shall be deemed to be a registration,
  and all the provisions of articles six, seven and eight of this  chapter
  with  regard  to proof of financial security at the time of registration
  and all the penalties found in said articles with respect to the failure
  to maintain such financial security shall apply to vehicles for which  a
  certificate is issued pursuant to this section.

 S 223. Motor  vehicle theft prevention program. 1. The commissioner is
  hereby authorized and  directed  to  establish  a  motor  vehicle  theft
  prevention  program within the department which shall have trained motor
  vehicle investigators and police officers participating in it.
    2. It shall be the duty of  such  investigators  to  conduct  detailed
  investigations,  in cooperation with law enforcement officials, of those
  entities which may be  possible  sources  for  the  disposal  of  stolen
  vehicles  or  major  component  parts;  to  determine the reliability of
  applicants required to be registered under provisions of the vehicle and
  traffic law; to provide  assistance  to  law  enforcement  personnel  in
  determining  sources  of  outlets  for  stolen motor vehicles and stolen
  motor  vehicle  parts;  to  cooperate  with  law  enforcement  personnel
  relative to the investigation of organized motor vehicle theft rings; to
  examine  motor  vehicles prior to the issuance of a New York state motor
  vehicle title at the discretion of  the  commissioner;  and  to  inspect
  motor vehicles for which a notice of acquisition is required to be filed
  pursuant  to  section  four hundred twenty-nine of this chapter whenever
  such a vehicle is to be registered for use upon the public highway.
    3. The commissioner, in consultation  with  the  commissioner  of  the
  division  of  criminal justice services, shall establish a motor vehicle
  theft prevention program to be known as the " Watch Your  Car  Program,"
  which  shall  include  the issuance of official decals to identify motor
  vehicles that are not normally operated between the hours of  1:00  A.M.
  and  5:00 A.M. Participation in the program shall be voluntary in nature
  and shall involve the following:
    (a) In the presence of a duly authorized police  officer  in  any  law
  enforcement  agency  participating in such program, the registered owner
  of a motor vehicle shall sign an informed consent  statement  indicating
  that the motor vehicle registered to such owner is not normally operated
  between  the  hours of 1:00 A.M. and 5:00 A.M. The form of such informed
  consent  statement  shall  be  promulgated  by  the  commissioner  after
  consultation  with  the commissioner of the division of criminal justice
  services.
    (b) (i) Upon signing such informed consent statement,  the  registered
  owner  shall  be  issued  decals  approved  by the commissioner and such
  decals shall be affixed to the owner's vehicle in a conspicuous place as
  prescribed by the commissioner. The decals shall be issued  by  the  law
  enforcement agency participating in the program.
    (ii) The law enforcement agency issuing the decals shall make a record
  of  the  decals  issued  to each registered owner. Such records shall be
  maintained by the law enforcement agencies participating in the  program
  and  shall  be  available  to the commissioner, to the superintendent of
  state police, to the commissioner of the division  of  criminal  justice
  services and to law enforcement agencies.
    (c)  Informed  consent  statement  forms  shall  be  available  at all
  participating  law  enforcement  agencies  throughout  the  state.   The
  commissioner  may  accept  the format used for the decal and application
  used by local police officials in municipalities that  implemented  such
  programs prior to the effective date of this subdivision.
    4.  The  commissioner  shall,  no  later  than January first, nineteen
  hundred eighty-two, submit to the governor and the legislature a  report
  on  the  results  and  operation  of  the motor vehicle theft prevention
  program.
    5. The expenses incurred by the commissioner in implementing the motor
  vehicle theft prevention program created by this section shall be funded
  from revenues collected pursuant to  sections  four  hundred  fifteen-a,
  four  hundred  twenty-one,  subdivision  five  of  section  four hundred
  twenty-three-a and four hundred thirty of this chapter.

 S 224. Simplification   of   business   application   procedures   and
  administration. 1. For the purposes of reducing the amount of  paperwork
  required of businesses which are licensed or registered pursuant to this
  chapter,  and  to  provide  for  the  most  efficient  servicing of such
  businesses, the  commissioner  shall,  to  the  extent  administratively
  feasible,  provide that: (i) applications for licenses or registrations,
  or renewals thereof, to be issued pursuant  to  sections  three  hundred
  three,  three  hundred  ninety-eight-c,  four  hundred  fifteen and four
  hundred fifteen-a of this chapter simultaneously made by the same entity
  shall  be  made  on  one  application,  (ii)  all  such   licenses   and
  registrations  issued  to the same entity shall expire at the same time,
  and (iii) the expiration dates for all licensees and registrants subject
  to such sections shall be staggered as effectively as  possible  over  a
  two year period.
    2. The provisions of the sections set forth in subdivision one of this
  section  shall  be  construed to achieve the purposes enunciated in that
  subdivision.
    3. Notwithstanding any other provisions  of  this  chapter,  only  one
  original  application  fee  shall  be required of the same applicant who
  simultaneously makes application for  the  issuance  of  more  than  one
  license  or  registration pursuant to section three hundred three, three
  hundred ninety-eight-c, four hundred fifteen or four  hundred  fifteen-a
  of  this  chapter. Such fee shall be the highest application fee for any
  one of the licenses or registrations being applied for.

 S  224-a.  Establishment  of  the highway construction and maintenance
  safety education program. 1. The commissioner of  transportation,  after
  consultation  with  the commissioner of the department, shall promulgate
  rules and regulations regarding the establishment and implementation  of
  a  highway  construction  and  maintenance safety education program. The
  highway construction and maintenance safety education program  shall  be
  established  for  the  purpose  of  providing  education,  advocacy  and
  increased awareness of laws  pertaining  to  protecting  the  safety  of
  highway  construction and maintenance workers. The program shall provide
  funding for activities such  as  public  service  announcements,  public
  education  and  awareness campaigns, distribution of literature, and any
  other activities that are consistent with such purposes.
    2. It shall be the duty of the commissioner of transportation to  make
  a biennial report to the governor, the temporary president of the senate
  and the speaker of the assembly which shall be due on the first of April
  every  second  year  following  implementation  of the program and shall
  include  an  assessment   of   the   effectiveness   of   the   program,
  recommendations  for expanding or improving the program and any problems
  or other matters related to the administration of the program.

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