Section 502. Highway use registration  


Latest version.
  • 1. a. Each carrier shall apply to the
      commissioner  for  a  certificate of registration for each motor vehicle
      operated or to be operated by him on the public highways in this  state.
      Application  shall  be  made upon a form prescribed by such commissioner
      and shall set forth the gross and unloaded weight of each motor vehicle,
      license  plate  information  for  each  motor  vehicle  and  such  other
      information  as  the  commissioner  may  require.  Such weights shall be
      subject to audit and approval by the commissioner. The application shall
      be accompanied by a fee of fifteen dollars for each motor vehicle listed
      in the application. The commissioner shall issue without further  charge
      a  certificate  of registration for each motor vehicle or a consolidated
      certificate of registration for all or any portion of such  vehicles  of
      such carrier which shall contain such information and be in such form as
      the commissioner shall prescribe. In the case of the loss, mutilation or
      destruction  of  a  certificate  of registration, the commissioner shall
      issue a duplicate thereof upon payment of a fee of two dollars. Any such
      certificate  of  registration  shall  not  be  transferable,  except  as
      hereinafter  provided,  and  shall  be valid until revoked, suspended or
      surrendered. Such certificate of registration shall be maintained in the
      carrier's regular place of business. In the event of an increase in  the
      gross  or  unloaded weight of any motor vehicle subject to this article,
      application for a corrected certificate of registration  shall  be  made
      upon  a  form prescribed by such commissioner setting forth the previous
      gross or unloaded weight, the new gross  or  unloaded  weight  and  such
      other  information  as  the  commissioner may require. In the event of a
      decrease in the gross or unloaded weight of any motor vehicle subject to
      this article, application may be made for  a  corrected  certificate  of
      registration  in a similar manner, provided that any such application on
      the basis of a decrease in the gross or unloaded  weight  of  any  motor
      vehicle  may be made only during the month of January. In the event of a
      decrease in the gross or unloaded weight of any motor vehicle subject to
      this article, an application to cancel a certificate of registration  on
      the  basis  of such decrease may be made during any month. The corrected
      gross or unloaded weight shall be subject to audit and approval  by  the
      commissioner.  In the event of a change to the license plate information
      of any motor vehicle subject to  this  article,  an  application  for  a
      corrected  certificate  of  registration  shall  be  made  upon  a  form
      prescribed by the commissioner setting forth the previous license  plate
      information,   the   new   license  plate  information  and  such  other
      information as the  commissioner  may  require.  Upon  surrendering  the
      certificate  of  registration previously issued, the commissioner shall,
      without further charge, issue a corrected certificate of registration.
        b. Every automotive fuel carrier shall apply to the commissioner for a
      special certificate of registration, in  place  of  the  certificate  of
      registration  described  in  paragraph  a  of this subdivision, for each
      motor vehicle operated or to be operated by him on the  public  highways
      in this state to transport automotive fuel. Provided, however, a special
      certificate  of  registration shall not be required under this paragraph
      for a tractor or other self-propelled device which, except with  respect
      to  the  fuel  in  the  ordinary  fuel tank intended for its propulsion,
      transports automotive fuel solely by means of a trailer, dolly or  other
      device  drawn  by  such  tractor  or  other  self-propelled  device if a
      certificate  of  registration  prescribed  by  paragraph   a   of   this
      subdivision  has  been issued for the self-propelled device. Application
      shall be made upon an application form prescribed by  the  commissioner.
      The  application  shall  be  accompanied by a fee of fifteen dollars for
      each  trailer,  semi-trailer,  dolly  or  other  device  listed  in  the
      application.  The  commissioner  shall issue without further charge such
    
      special certificate of registration for each motor vehicle listed in the
      application or a consolidated certificate of registration for all or any
      portion of such vehicles of such carrier. All of the provisions of  this
      article with respect to certificates of registration shall be applicable
      to  the  special  certificates of registration issued to automotive fuel
      carriers under this paragraph as if those provisions had been set  forth
      in  full  in  this  paragraph  and  expressly  referred  to  the special
      certificates of registration required by this paragraph  except  to  the
      extent  that  any such provision is either inconsistent with a provision
      of this paragraph or not relevant to the  certificates  of  registration
      required by this paragraph. Any certificate of registration shall not be
      transferable,   and   shall   be   valid  until  revoked,  suspended  or
      surrendered.  Such  special  certificate  of   registration   shall   be
      maintained in the carrier's regular place of business. Nothing contained
      in  this  paragraph  shall  in any way exempt an automotive fuel carrier
      from payment of the taxes imposed pursuant to this article.
        c. In  lieu  of  the  certificate  of  registration  provided  for  in
      paragraph  a of this subdivision, but not in place of any certificate of
      registration required by paragraph b of this subdivision,  any  carrier,
      except  as hereinafter limited, may apply to the commissioner for a trip
      certificate of registration for any motor vehicle to be operated by  him
      or  her  on  the public highways of this state. Application for the trip
      certificate of registration shall be made on a form  prescribed  by  the
      commissioner,  shall  set  forth  the license plate information for each
      such motor vehicle  and  such  information  as  the  commissioner  shall
      require.  The  application  shall be accompanied by a fee of twenty-five
      dollars for each motor vehicle. Each trip  certificate  of  registration
      shall  be  valid  for a period of seventy-two hours from the time of its
      issuance. The issuance of a trip certificate of registration for a motor
      vehicle shall exempt the carrier from the requirement of filing  returns
      and  payment  of the taxes imposed by section five hundred three of this
      article on the operation of such motor vehicle for the effective  period
      of the trip certificate of registration but no refund application may be
      filed  on  account  of  trip  certificate  of registration applications.
      Provided, however, that in order for any person liable for  the  tax  to
      claim  such  exemption,  such  person  must  retain  a  copy of the trip
      certificate of registration in his records for the  complete  period  of
      time  required  by section five hundred seven of this article. A carrier
      may not apply for more than ten trip certificates of registration during
      a single calendar year.
        2. The commissioner, for cause, may deny a certificate of registration
      and suspend or revoke any certificate of registration issued by  him  or
      her,  after  an opportunity for a hearing has been afforded the carrier,
      provided, however, that a certificate of  registration  may  be  denied,
      suspended or revoked for failure to file a return as required by section
      five  hundred  five  of this article or for nonpayment of any monies due
      under this  article  without  a  hearing.  Such  denial,  suspension  or
      revocation of a certificate of registration for any motor vehicle of any
      carrier  shall  automatically  result in suspension or revocation of all
      certificates of registration issued to such  carrier,  unless  otherwise
      specified  by  the commissioner. A violation of any of the provisions of
      this  article  or  of  any  rule  or  regulation  of  the   commissioner
      promulgated under this article shall constitute sufficient cause for the
      denial,  suspension  or revocation of a certificate of registration. The
      nonpayment of any monies due for any other tax or  imposition  which  is
      administered  by  the commissioner shall constitute sufficient cause for
      the denial of a certificate of registration.  Any  such  action  by  the
    
      commissioner  shall  be  reviewable  under  article seventy-eight of the
      civil practice law and rules.
        3.  If  the  certificate of registration of any motor vehicle has been
      suspended or revoked under this section the department of motor vehicles
      shall not thereafter  reregister  the  motor  vehicle  or  transfer  the
      registration  of ownership thereof upon the records of the department of
      motor vehicles until there is furnished to such department a certificate
      issued by the commissioner to the effect  that  such  person  has  fully
      complied  with  the  provisions of this article. The department of motor
      vehicles shall not reregister or transfer the  registered  ownership  of
      any  motor  vehicle  for  which  a  certificate of registration has been
      issued under this article until there is furnished to it  a  certificate
      of  tax  clearance  issued  by the commissioner. Such certificate of tax
      clearance shall be issued after the payment of all monies due under this
      article or after the payment of  any  such  amount  is  secured  to  the
      satisfaction of the commissioner.
        4.  Nothing  herein  contained shall be construed as authorizing motor
      vehicle weight limits in excess of those permitted by  the  vehicle  and
      traffic law.
        5.  For purposes of this section, monies due shall be considered to be
      due if the monies have been assessed or finally determined to be due.
        6. a. The commissioner may require the use of decals as evidence  that
      a carrier has a valid certificate of registration for each motor vehicle
      operated  or  to  be  operated  on  the public highways of this state as
      required by paragraph a of subdivision  one  of  this  section.  If  the
      commissioner  requires  the  use of decals, the commissioner shall issue
      for each motor vehicle with a valid certificate of registration a  decal
      that  shall  be  of a size and design and containing such information as
      the commissioner prescribes. The fee for any decal  issued  pursuant  to
      this  paragraph is four dollars. In the case of the loss, mutilation, or
      destruction of a decal, the commissioner shall issue a  new  decal  upon
      proof  of  the  facts  and  payment  of four dollars. The decal shall be
      firmly and conspicuously affixed upon the motor vehicle for which it  is
      issued as closely as practical to the registration or license plates and
      at  all  times be visible and legible. No decal is transferable. A decal
      shall  be  valid  until  it  expires  or  is  revoked,   suspended,   or
      surrendered.
        b.  The commissioner may require the use of special decals as evidence
      that an automotive fuel carrier  has  a  valid  special  certificate  of
      registration  for  each  motor vehicle operated or to be operated on the
      public highways of this state to transport automotive fuel  as  required
      by  paragraph  b of subdivision one of this section. If the commissioner
      requires the use of special decals, the  commissioner  shall  issue  for
      each  motor  vehicle  with a valid special certificate of registration a
      special decal that shall be distinctively colored  and  of  a  size  and
      design  and  containing such information as the commissioner prescribes.
      The fee for any special decal issued pursuant to this paragraph is  four
      dollars.  In  the  case  of  the  loss,  mutilation, or destruction of a
      special decal, the commissioner shall issue a  new  special  decal  upon
      proof  of the facts and payment of four dollars. The special decal shall
      be firmly and conspicuously affixed upon the motor vehicle for which  it
      is  issued  pursuant  to  the  rules  and  regulations prescribed by the
      commissioner to enable the easy identification of  the  automotive  fuel
      carrier  certificate  of registration number and at all times be visible
      and legible. No special decal is transferable and shall be  valid  until
      it expires or is revoked, suspended, or surrendered.
    
        c.  The  suspension  or  revocation of any certificate of registration
      issued under this article shall be deemed to include the suspension  and
      revocation of any decal issued under this subdivision.