Section 2257. Registration of dealers  


Latest version.
  • 1. For the purposes of this article,
      a dealer shall be any person engaged in the business of buying,  selling
      or trading vessels.  A person who sells three or more vessels for profit
      within  one  calendar  year  shall  be  presumed  to be a dealer if such
      vessels were purchased, acquired or otherwise obtained  by  such  person
      for the purpose of resale, and were never placed in his consumer use. On
      and  after  April  first,  nineteen  hundred eighty-six, no person shall
      engage in business as a dealer, or represent or  advertise  that  he  is
      engaged,  or  intends  to engage, in such business in this state, unless
      there shall have been issued to him a  certificate  of  registration  as
      provided  in  this  section.  A  person  shall  not  be  required  to be
      registered as a dealer  if  he  sells  no  vessels  other  than  vessels
      determined  by  regulation  of the commissioner to be vessels or devices
      which would not ordinarily be considered as usable for transportation on
      water.
        2.  Application  for  registration.  Every  dealer   shall   file   an
      application  for registration as a dealer with the commissioner of motor
      vehicles, together with all required fees, in such form and  detail  and
      containing   such  information  as  the  commissioner  shall  reasonably
      prescribe.
        3.  Issuance  of  certificate.  If  the  commissioner   approves   the
      application,  he  shall issue a certificate of registration in such form
      as he may prescribe. For the purposes of implementing this article,  the
      commissioner   may,  in  his  discretion,  issue  such  certificates  of
      registration and number plates on a staggered expiration basis, in which
      event the fees set forth in subdivision five of this  section  for  such
      certificate shall be prorated on a monthly basis.
        4. Demonstrator numbers and trailer number plates. (a) Upon payment of
      the  required  fee,  a  dealer  shall be entitled to receive one or more
      demonstrator numbers, which may be used in lieu of a registration issued
      under section twenty-two hundred  fifty-one  of  this  article  for  the
      operation  of  any vessel owned or controlled by the registrant and held
      for sale or demonstration. Demonstrator numbers shall be displayed in  a
      manner prescribed by the commissioner.
        (b)  Upon  payment  of the required fee, a dealer shall be entitled to
      receive one or more number plates which may  be  used  in  lieu  of  any
      registration  issued  under section four hundred one of this chapter for
      the operation of any boat trailer owned or controlled by the dealer  and
      held  for  the purpose of sale or demonstration, provided such operation
      is directly related to the sale or demonstration of any boat trailer  or
      vessel.  The provisions of section four hundred two of this chapter with
      respect to the care and display of number plates shall apply  to  number
      plates issued under this subdivision.
        (c)  The  commissioner  may,  in  his  discretion, limit the number of
      demonstrator numbers or number plates  which  shall  be  issued  to  any
      registrant. The fee for the replacement of lost, mutilated, or destroyed
      demonstrator numbers or number plates shall be two dollars.
        5. Fees. Every application, other than a renewal application, shall be
      accompanied  by  an  application  fee  of ten dollars, which shall in no
      event be refunded. The triennial fee for such  registration  or  renewal
      thereof   shall   be   seventy-five   dollars.  The  triennial  fee  for
      demonstrator numbers or number plates shall be sixty  dollars  for  each
      number  or  number plate. The application for registration, demonstrator
      numbers and number plates shall be accompanied  by  the  required  fees.
      There  shall  be  no  refund  of  any  registration  fee  or any fee for
      demonstrator numbers or number plates.
        6. No dealer shall sell a vessel except in accordance with regulations
      established  by  the  commissioner.  The  commissioner   may,   in   his
    
      discretion,  require  a  registrant to maintain a record in a prescribed
      form of all vessels received or disposed of by him. Upon request  of  an
      agent of the commissioner or of any peace officer acting pursuant to his
      special  duties, a registrant shall produce such records and permit said
      agent or peace officer to examine them, and any vessels on the  premises
      subject  to the record keeping requirements of this section during usual
      business hours or while  the  registrant  is  conducting  business.  The
      failure to produce such records or to permit such inspection as required
      by this subdivision shall be a violation.