|Department of motor vehicles; commissioner.
|Custody of records.
|Fees for searches and copies of documents.
|Penalties for submission of dishonored checks and credit card payments.
|Oaths and acknowledgments.
|Subpoenaing hearing referees.
|County clerks as agents of the commissioner; fees.
|Deputization of agents.
|Uniform traffic summons and complaint.
|Affirmation of complaints.
|Bureau of motor vehicles abolished; transfer of functions; officers and employees.
|Highway safety powers and duties.
|Continuity of authority.
|Transfer of records and property.
|Terms occurring in contracts and other documents.
|Proof of mailing of notice or order.
|Rules and regulations.
|Automotive-medical research division.
|Statistics on driving while intoxicated.
|Record of hearings.
|Special classification of vehicles.
|Exemptions for safety equipment.
|Annual compilation of this chapter.
|Exemptions for testing, demonstration or experimentation.
|Motor vehicle theft prevention program.
|Simplification of business application procedures and administration.
|Establishment of the highway construction and maintenance safety education program.
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 216 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. Top of Page
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