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Article 47 - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title XI ›
• Article 47

S . Jurisdiction  of  department.  The registration of snowmobiles
  shall be under the jurisdiction of the department.

 S . Definitions.  For  the purposes of this article, the following
  terms shall have the following meanings.
    1. Snowmobile. Any self-propelled vehicle designed for travel on  snow
  or  ice, steered by skis or runners and supported in whole or in part by
  one or more skis, belts or cleats.
    2. Cowling. The forward portion of the snowmobile usually  surrounding
  the motor and clutch assembly.
    3.  Dealer.  Any person engaged in the business of selling snowmobiles
  at wholesale or retail.

  S . Registration.  1.  Except  as  hereinafter provided, no person
  shall operate any snowmobile within the state unless such snowmobile has
  been registered and numbered in accordance with the provisions  of  this
  article,  and  the  registration  number  for such snowmobile is in full
  force and effect and displayed as hereinafter provided.
    2. The commissioner is authorized to register a  snowmobile,  issue  a
  registration  certificate  and  assign  a  registration  number  to such
  snowmobile. All such registrations shall be valid until the thirty-first
  day of August following the  date  of  such  registration;  except  that
  registrations issued between the first day of April and the thirty-first
  day  of  August, inclusive, shall be valid until the thirty-first day of
  August in the following year; and unless, prior  to  expiration  of  the
  period  of  registration,  it  is  surrendered,  cancelled,  revoked  or
  suspended pursuant to the provisions of this article.
    3. A number once assigned under this section  shall  remain  with  the
  registered  snowmobile  until  the snowmobile is destroyed, abandoned or
  permanently removed from the state, or until changed  or  terminated  by
  the commissioner.
    4.  Fees. Fees for registration of snowmobiles, to be collected by the
  commissioner under this article, are as follows:
    (a) A fee of ten dollars for each individual resident registration.
    (b) A fee of ten dollars for each individual nonresident registration.
    (c) A fee of fifty dollars for each two-year dealer registration.
    (d) A fee of five dollars  for  each  additional  dealer  demonstrator
  registration number.
    (e)  A  fee  of  one  dollar  for  replacement of a lost, mutilated or
  destroyed certificate.
    4-a. Additional fee. In addition to the other  fees  provided  for  in
  paragraphs  (a),  (b)  and  (c)  of subdivision four of this section the
  commissioner shall, upon application in such cases for the  registration
  of a snowmobile or the renewal thereof, collect the annual ninety dollar
  fee  for  residents  and  ninety  dollar  fee  for  nonresidents  and  a
  thirty-five dollar fee for residents  and  thirty-five  dollar  fee  for
  nonresidents  who  provide proof, at the time of registration, that such
  individual is a member of an organized New York  state  snowmobile  club
  that  is  a  member of the New York state snowmobile association or is a
  member of an organized New York state snowmobile club that  is  a  trail
  maintenance  entity  and  a  member  of  the  New  York state snowmobile
  association which are imposed by section 21.07 of the parks,  recreation
  and  historic  preservation law. In the event that an individual seeking
  snowmobile club membership is unable, for any  reason,  to  secure  such
  club  membership,  he  or  she may contact the New York state snowmobile
  association, who shall secure such membership for such person. This  fee
  shall   also   be  collected  from  dealers  at  the  time  of  original
  registration and at the time of each  renewal.  The  commissioner  shall
  effectuate regulations regarding what is required as proof of membership
  in  an  organized  New  York  state  snowmobile  club  that  is  a trail
  maintenance entity and  a  member  of  the  New  York  state  snowmobile
  association for the purposes of this subdivision.
    5.  Application.  The  owner of each snowmobile requiring registration
  under this section shall present an application for registration to  the
  commissioner,   on   a  blank  to  be  prepared  and  furnished  by  the
  commissioner for that purpose. Such  application  shall  contain  or  be
  accompanied  by  such  evidence  of  the  ownership  of  the  snowmobile
  described in the application as may be required by the commissioner.
    6. Dealers. Any person who is a dealer shall register as a dealer. The
  commissioner, upon receipt of an application and the required fee, shall
  assign a distinctive dealer registration number to  the  registrant  and
  issue  an  appropriate  registration  certificate  to him and assign two
  dealer demonstrator registration numbers and upon  the  payment  of  the
  appropriate  fee,  such additional numbers as shall be requested. Dealer
  registrations  and dealer demonstrator registration numbers shall not be
  transferable.
    7. Renewal. After payment of the  registration  fees  as  provided  in
  subdivisions  four  and  four-a  of  this  section,  every  owner  of  a
  snowmobile shall renew his or her registration  annually  on  or  before
  September  first  of  each  year and every dealer shall renew his or her
  registration biennially in such form  and  manner  as  the  commissioner
  shall prescribe. If a dealer registration is issued for a period of more
  or  less than two years, the fee for such registration shall be prorated
  on a monthly basis.
    8. The validating date tag. At the time of the  original  registration
  and  at  the time of each annual renewal thereof, the commissioner shall
  also issue to said registrant a date tag or tags indicating the validity
  of the current registration  and  the  expiration  date  thereof,  which
  validating  date tag or tags should be affixed to the snowmobile in such
  manner as the commissioner may prescribe. Notwithstanding the fact  that
  a  snowmobile  has  been assigned an identifying number, it shall not be
  considered as validly registered within  the  meaning  of  this  section
  unless  a  validating date tag and current registration certificate have
  been issued.
    9. Denial of current registration. In  the  event  that  a  snowmobile
  sought  to be registered or re-registered does not, after inspection and
  testing, comply with the provisions respecting equipment established  by
  section  25.17  of the parks and recreation law or by the regulations of
  the commissioner promulgated pursuant to this  title,  the  commissioner
  may  deny  the issuance of a validating date tag and current certificate
  of registration.
    10. Snowmobiles owned by governmental agencies. A registration  number
  shall  be  assigned,  without payment of a fee, for snowmobiles owned by
  governmental agencies, or by volunteer organizations if used exclusively
  for emergency purposes, provided that each such snowmobile shall display
  the proper registration number assigned to it.
    11. Exemption. No registrations shall be required  for  the  following
  described snowmobiles:
    (a) Snowmobiles owned and used by the United States.
    (b)  Snowmobiles covered by a valid registration or license of another
  state, province or country, as provided in subdivision  twelve  of  this
  section.
    (c)  Snowmobiles  operated  on  lands  owned  by  the  owner  of  such
  snowmobile, or on lands to which such  owner  has  a  contractual  right
  other  than  as  a  member  of  a  club  or association provided (i) the
  snowmobile is not operated elsewhere  within  the  state,  and  (ii)  no
  consideration,  either  direct  or indirect, is paid to the owner of the
  snowmobile with respect to such operation.
    12. Out of state snowmobile registration. The registration  provisions
  of  this  article shall apply to non-resident owners of snowmobiles used
  in New York state as provided for by the commissioner except when  their
  snowmobile is used on trails which proceed along a New York state border
  and  which,  occasionally as dictated by the terrain, cross into another
  state, in which such snowmobile is registered; such cross border  trails
  on  which  nonresident  owned  snowmobiles  may proceed without New York
  state registration shall be designated by the state commissioner of  the
  office  of  parks,  recreation  and historic preservation as provided in
  section 25.04 of the parks, recreation and historic preservation law and
  he shall publish such trail designation in the New York  state  register
  and  other  publications  accessible  to  the  snowmobiling public. Such
  non-resident registration applications shall be made  available  at  the
  place  of  business  of  all  registered  dealers  and  by mail from the
  department.  Nothing in this subdivision shall be construed to authorize
  the operation of any snowmobile  contrary  to  the  provisions  of  this
  article.
    13.  State  aid.  The Lake George park commission shall be entitled to
  receive state aid in an  amount  relating  to  the  percentage  of  fees
  collected  under  this section that can be estimated to be attributed to
  snowmobile use within the Lake George park. The amount of such aid shall
  be annually determined by the  commissioner  of  parks,  recreation  and
  historic preservation and the director of the budget.
    14. Registration at time of sale. Snowmobiles sold by dealers shall be
  registered  at  the  time  of sale of such snowmobile. Such registration
  shall be valid until the thirty-first day of August following  the  date
  of  such  sale; provided however that snowmobiles sold after April first
  of each year shall be issued a registration valid until the thirty-first
  day of August in the year following that  in  which  the  snowmobile  is
  sold.  Snowmobiles purchased to be used in accordance with paragraph (c)
  of subdivision eleven of this section or for use exclusively outside  of
  the  state  of  New  York  shall not require registration at the time of
  purchase, and the purchaser of such snowmobile shall sign a declaration,
  provided  by  the  dealer,  which  shall  state  that   such   purchaser
  understands  the  conditions under which a snowmobile must be registered
  and the penalty for violation of such registration provisions; the  form
  of such declaration shall be provided by the commissioner to each dealer
  and shall be forwarded to the commissioner.

  S . Display  of  registration numbers. 1. The registration numbers
  assigned to a snowmobile shall be displayed on the vehicle at all  times
  in  such  manner  as  the commissioner may, by regulation, prescribe. No
  number  other  than  the  number  assigned  to  a  snowmobile   by   the
  commissioner or the identification number of the registration in another
  state  should be painted, attached or otherwise displayed on either side
  of the cowling,  except  that  racing  numbers  on  a  snowmobile  being
  operated  in  special  events, approved by the commissioner of parks and
  recreation, may be temporarily displayed for the duration of the race.
    2. Dealer demonstrator  registration  numbers  shall  conform  to  the
  requirements  set  forth  in  subdivision  one  of this section with the
  exception that the numbers assigned may be printed upon or attached to a
  removable plaque or plaques to be temporarily but firmly affixed to  the
  snowmobile being demonstrated or tested.
    3.  Numbers  issued  to  dealers  and manufacturers for the purpose of
  demonstration or testing shall be used exclusively  for  these  purposes
  and no other use is permitted.

  S . Registration  record. Upon receipt of a sufficient application
  for registration of a snowmobile,  as  provided  in  this  article,  the
  commissioner  shall  enter  upon  the  records  of  the  department  the
  registration of such vehicle under the distinctive  number  assigned  to
  such snowmobile as provided in this article.

  S . Certificate  of  registration. 1. Certificate. Upon the filing
  of the application and payment of the fee as provided in  this  article,
  the  commissioner  shall assign to such snowmobile a distinctive number,
  and, without further expense to the applicant, issue  a  certificate  of
  registration,  in  such  manner  and  form  as  the  commissioner  shall
  prescribe. In the event of the loss, mutilation or  destruction  of  any
  certificate  of registration, the owner of the registered snowmobile may
  file such statement and proof of the facts  as  the  commissioner  shall
  require  with a fee of one dollar, with the department, for the issuance
  of a duplicate or substitute.
    2.  Carrying  certificate.  Every  person   operating   a   snowmobile
  registered  in  accordance  with  any  of the provisions of this article
  shall, upon demand of any magistrate, police officer or  peace  officer,
  when  acting  pursuant to his special duties, produce for inspection the
  certificate of registration for such snowmobile  and  shall  furnish  to
  such  person  any  information  necessary for the identification of such
  snowmobile and its owner. The failure  to  produce  the  certificate  of
  registration  as  provided  herein shall not be an offense, but shall be
  presumptive evidence of operating a snowmobile which is  not  registered
  as required by this article.
    3.  Change of residence. It shall be the duty of every owner holding a
  certificate of registration to notify the department, in writing, of any
  change of residence of such owner within fifteen days after such  change
  occurs,  and  to  inscribe  on such certificate, in the place provided a
  record of such change of residence.
    4. Change of ownership. Whenever a snowmobile is  transferred  or  its
  use  discontinued,  the  registration  portion  of  the  certificate  of
  registration shall be properly signed and executed by the owner  showing
  that  the  ownership  of  the snowmobile has been transferred or its use
  discontinued and such certificate shall be returned  to  the  department
  within  fifteen  days after such transfer or discontinuance. In the case
  of transfer, the  new  owner  shall  apply  for  a  new  certificate  by
  completing  an  application  for registration, using the original number
  issued for such snowmobile. Such application shall be submitted  to  the
  department  together with the renewal or transfer of the old certificate
  of registration, properly signed by the previous owner, and the required
  fee of five dollars. The renewal or transfer of the old  certificate  of
  registration,  properly signed by the previous owner, shall constitute a
  temporary registration for such new owner for a period determined by the
  commissioner from the date such snowmobile was transferred  to  the  new
  owner. In the event that such snowmobile was purchased from a registered
  dealer,  the  application  must  be  accompanied  by  a  dealer's  form,
  numbered, completed and signed by the dealer or his agent and signed  by
  the new owner, as prescribed by the commissioner.
    5.  Destruction,  theft or removal from state. It shall be the duty of
  every owner of a snowmobile registered pursuant  to  the  provisions  of
  this  article  to notify the department, in writing, of the destruction,
  theft or permanent removal of such snowmobile  from  the  state,  within
  fifteen days of acquiring knowledge thereof. In the event of destruction
  or theft, the certificate of registration shall be surrendered with such
  notice.

  S . Licensing  by  municipalities.  No  municipality shall require
  licensing or registration  of  snowmobiles  which  are  covered  by  the
  provisions  of  this article; nor shall it require possession of a valid
  motor vehicle operator's license as a condition for the operation  of  a
  snowmobile  on  lands  owned or controlled by such municipality. Nothing
  herein shall prohibit the requirement of a permit by the  agency  having
  jurisdiction over any state or local park for use of snowmobiles on such
  park lands. No charge for such use may be made, except the usual charge,
  if  any,  for  admission  to  such  park, parking privileges or services
  provided.

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

  S . Special   events.   Snowmobiles  operated  at  special  events
  approved by the commissioner of parks and recreation pursuant to section
  25.11 of parks and recreation law shall be exempt from the provisions of
  this article concerning registration.

   S . Snowmobile,  not  a motor vehicle. Notwithstanding its limited
  use on highways, a snowmobile shall not be determined  a  motor  vehicle
  within the meaning of section one hundred twenty-five of this chapter or
  any other successor statutes.

   S . Suspension   and   revocation   of   registrations;  offenses;
  penalties.  1. The commissioner may suspend  or  revoke  a  registration
  issued  pursuant  to  the  provisions of this article, upon satisfactory
  proof of a violation of any provision of this article, or of the  parks,
  recreation   and  historic  preservation  law  at  the  request  of  the
  commissioner of parks, recreation and historic preservation, or  of  any
  rule,  regulation,  order, local law or ordinance adopted or promulgated
  pursuant thereto.  Such suspension or revocation shall  be  issued  only
  after  a hearing unless such a hearing is waived by the registrant. Upon
  said suspension or revocation, all rights  and  privileges  accruing  to
  such registrant shall terminate.
    2. Any person who violates any provision of this article or regulation
  adopted  pursuant thereto shall be guilty of a violation punishable by a
  fine of two  hundred  dollars,  and  one-half  of  such  fine  shall  be
  deposited  in  the  snowmobile trail development and maintenance fund as
  set forth in  section  21.07  of  the  parks,  recreation  and  historic
  preservation law.

  S . Disposition of fees. The commissioner shall deposit all monies
  received  by him from the registration of snowmobiles and other services
  provided by the department and all fees otherwise collected by him under
  this article to the credit of the general fund  except  that  additional
  fees  imposed  by  section  21.07  of the parks, recreation and historic
  preservation law received by the commissioner pursuant  to  section  two
  thousand  two  hundred  twenty-two of this chapter shall be deposited to
  the credit of the snowmobile trail development and maintenance fund  and
  that  monies  allocated  to  the  Lake  George  park commission shall be
  deposited to the credit of the Lake George park trust fund  pursuant  to
  section ninety-seven-h of the state finance law.

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