Title VAT, Vehicle & Traffic

§ 1809-c. Additional surcharge required for certain violations\nrelating to driving while intoxicated and driving while impaired. 1.\nNotwithstanding any other provision of law, whenever proceedings in a\ncourt of this state result in a conviction pursuant to section eleven\nhun…

§ 1809-d. Mandatory surcharge for violation of maximum speed limits in\nhighway construction or maintenance work areas. 1. Notwithstanding any\nother provision of law, whenever proceedings in an administrative\ntribunal or court result in a finding of liability or conviction for…

§ 1809-e. Additional surcharge required for certain violations. 1. a.\nNotwithstanding any other provision of law, whenever proceedings in a\ncourt or an administrative tribunal of this state result in a conviction\nfor an offense under this chapter, except a conviction pursuant…

§ 1810. Compensation of officers shall not depend upon apprehension or\narrests. (a) No city or village shall employ any officer, agent or\nperson whose compensation shall in any way depend upon the apprehension\nor arrest of any person or persons for violating any ordinance ado…

§ 200. Department of motor vehicles; commissioner. 1. There shall be\nin the state government a department of motor vehicles. The head of the\ndepartment shall be the commissioner of motor vehicles who shall be\nappointed by the governor, by and with the advice and consent of th…

§ 201. Custody of records. 1. Documents. The commissioner may destroy:\n (a) any application, including supporting documents, for registration\nand/or title of a motor vehicle or trailer, other than an application\nfor renewal of registration, or any notice of a lien on a motor …

§ 202. Fees for searches and copies of documents. 1. Except in those\ncases in which it is provided by law that no fee shall be charged, the\nfees for searching the records of the department of motor vehicles kept\npursuant to the provisions of this chapter and for furnishing co…

§ 202-b. Penalties for submission of dishonored checks and credit card\npayments. (a) A thirty-five dollar penalty fee shall be charged to any\nperson who has submitted a check to the commissioner or his or her agent\nas payment for any license, permit or registration or any oth…

§ 203. Oaths and acknowledgments. The commissioner of motor vehicles,\na deputy commissioner, an assistant deputy commissioner or a motor\nvehicle referee shall have power to administer oaths and take affidavits\nand acknowledgments in relation to any matter or proceeding in the…

§ 204. Subpoenaing hearing referees. No officer or employee of the\ndepartment of motor vehicles who has conducted a hearing concerning an\nowner or operator of a motor vehicle or motorcycle shall be required to\nappear in any court as a witness in a civil action in which such o…

§ 205. County clerks as agents of the commissioner; fees. 1. The clerk\nof each county, except the counties of Rockland, Albany, Westchester,\nSuffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond and New York,\nshall act as the agent of the commissioner in the registration …

§ 206. Deputization of agents. The commissioner may, in his\ndiscretion, deputize any person to act for the commissioner, subject to\nrules and limitations prescribed by him, for the purpose of issuing or\nrenewing licenses, registrations and number plates. Any such license,\nre…

§ 207. Uniform traffic summons and complaint. 1. Except as otherwise\nprovided, the commissioner shall be authorized to prescribe the form of\nsummons and complaint in all cases involving a violation of any\nprovision of this chapter, including section twelve hundred three-c, or…

§ 208. Affirmation of complaints. Where a traffic summons has been\nserved by a police officer, police cadet or bridge and tunnel officers\nemployed by the triborough bridge and tunnel authority in cases of\nviolations of any provision of this chapter, except title eleven, or of…

§ 209. Bureau of motor vehicles abolished; transfer of functions;\nofficers and employees. The bureau of motor vehicles in the department\nof taxation and finance is hereby abolished. The functions, powers and\nduties of the bureau of motor vehicles in the department of taxation…

§ 210. Highway safety powers and duties. The commissioner of motor\nvehicles shall have power to:\n 1. Formulate uniform highway safety programs and coordinate the\nefforts of all interested individuals and agencies engaged in\nsafety-education.\n 2. Conduct a highway safety and…

§ 2101. Definitions. Except when the context otherwise requires, as\nused in this article:\n (a) "Dealer" means a person registered as a dealer under section four\nhundred fifteen or twenty-two hundred fifty-seven of this chapter.\n (b) "Commissioner" includes the office and a b…

§ 2102. Exclusions. (a) The following are excluded from the provisions\nof this title:\n (1) A vehicle owned by the United States unless it is registered in\nthis state;\n (2) A vehicle owned by a manufacturer or dealer and held for sale,\neven though incidentally moved on the h…

§ 2103. Excepted liens and security interests; buyer from manufacturer\nor dealer. This article does not apply to or affect:\n (a) A lien given by statute or rule of law to a supplier of services\nor materials for the vehicle;\n (b) A lien given by statute to the United States, …

§ 2104. Certificate of title required. (a) Every owner of a vehicle\nwhich is in this state and is not excluded from provisions of this title\nby section two thousand one hundred two of this article, and for which\nno certificate of title has been issued by the commissioner shal…

§ 2105. Application for first certificate of title. (a) The\napplication for the first certificate of title of a vehicle in this\nstate shall be made by the owner to the commissioner on the form he\nprescribes and shall contain or be accompanied by:\n (1) The name, residence and…

§ 2105-a. Liens on motor vehicles for failure to make child support\npayments. (a) The commissioner, on behalf of the department, shall enter\ninto a written agreement with the commissioner of the office of\ntemporary and disability assistance which shall set forth the procedure…

§ 2106. Examination of records. The commissioner, upon receiving\napplication for a first certificate of title, shall check the\nidentifying number of the vehicle and the name or other identifier of\nthe owner shown in the application against the appropriate records of\nvehicles…

§ 2107. Issuance and records. (a) The commissioner shall file each\napplication received and, when satisfied as to its genuineness and\nregularity and that the applicant is entitled to the issuance of a\ncertificate of title, shall issue a certificate of title of the vehicle,\ne…

§ 2108. Contents and effect. (a) Each certificate of title issued by\nthe commissioner shall contain:\n (1) The date issued;\n (2) The name and address of the owner;\n (3) The names and addresses of any lienholders, in the order of their\napparent priority as shown on the applic…

§ 2109. Delivery. The certificate of title shall be mailed to the\nowner.\n

§ 211. Continuity of authority. The department of motor vehicles shall\nbe deemed to constitute a continuation of the powers and duties of the\nbureau of motor vehicles in the department of taxation and finance and\nnot a new authority for the purpose of succession to the rights…

§ 2110. Registration without certificate of title. If the commissioner\nis not satisfied as to the ownership of the vehicle or that there are no\nundisclosed security interests in it, the commissioner may register the\nvehicle but shall withold issuance of a certificate of title…

§ 2111. Refusing certificate of title. The commissioner shall refuse\nissuance of a certificate of title if any required fee is not paid or if\nhe has reasonable grounds to believe that:\n (a) The applicant is not the owner of the vehicle;\n (b) The application contains a false …

§ 2112. Lost, stolen or mutilated certificates. (a) If a certificate\nof title is lost, stolen, mutilated or destroyed or becomes illegible,\nthe owner or legal representative of the owner named in the certificate,\nas shown by the records of the commissioner, shall promptly mak…

§ 2113. Transfer. (a) If an owner transfers his interest in a vehicle,\nother than by the creation of a security interest, he shall, at the time\nof the delivery of the vehicle, execute an assignment and warranty of\ntitle to the transferee in the space provided therefor on the\…

§ 2114. Transfer to or from dealer; records. (a) If a dealer buys a\nvehicle and holds it for resale and procures the certificate of title\nfrom the owner within ten days after delivery to him of the vehicle, he\nneed not send the certificate to the commissioner but, upon transf…

§ 2115. Transfer by operation of law. (a) If the interest of an owner\nin a vehicle passes to another other than by voluntary transfer, the\ntransferee shall, except as provided in subdivision (b), promptly mail\nor deliver to the commissioner the last certificate of title, if\n…

§ 2116. Additional requirements for applications. (a) An application\nfor a certificate of title shall be accompanied by the required fee when\nmailed or delivered to the commissioner.\n (b) Except as provided for in subdivision (c) of this section, an\napplication for the namin…

§ 2117. When commissioner to issue new certificate. (a) The\ncommissioner, upon receipt of a properly assigned certificate of title,\nwith an application for a new certificate of title, the required fee and\nany other documents required by law, shall check the identifying number…

* § 2117-a. Surrender of manufacturer's certificate of origin to a\nmanufactured home. (a) The owner or owners of a manufactured home who\npossess the manufacturer's certificate of origin to the manufactured\nhome that is affixed to a permanent foundation as provided in\nsubdivi…

* § 2117-b. Surrender of title to a manufactured home. (a) The owner\nor owners of a manufactured home that is covered by a certificate of\ntitle and that is affixed to a permanent foundation as provided in\nsection three hundred forty-four-a of the real property law, or which\n…

* § 2117-c. Confirmation of conversion of a manufactured home. (a) The\nowner or owners of a manufactured home that is not covered by a\ncertificate of title or a manufacturer's certificate of origin, or of a\nmanufactured home that is covered by a manufacturer's certificate of\…

§ 2118. Perfection of security interests. (a) Unless excepted by\nsection two thousand one hundred three of this title, a security\ninterest in a vehicle of a type for which a certificate of title is\nrequired is not valid against creditors of the owner or subsequent\ntransferee…

§ 2119. Security interest. If an owner creates a security interest in\na vehicle:\n (a) The owner shall, if the lienholder so requests, execute the\napplication, in the space provided therefor on the certificate of title\nor on a separate form the commissioner prescribes, to nam…

§ 212. Transfer of records and property. All books, papers and records\nof the bureau of motor vehicles in the department of taxation and\nfinance shall be transmitted to the department of motor vehicles and the\ncommissioner shall take possession thereof.\n

§ 2120. Assignment by lienholder. (a) A lienholder may assign,\nabsolutely or otherwise, his security interest in the vehicle to a\nperson other than the owner without affecting the interest of the owner\nor the validity of the security interest, but any person without notice\no…

§ 2121. Release of security interest. (a) Upon the satisfaction of a\nsecurity interest in a vehicle the lienholder shall immediately upon\nclearance of payment execute a release of his security interest in a\nmanner prescribed by the commissioner and mail or deliver the release…

§ 2122. Duty of lienholder. A lienholder named in a certificate of\ntitle shall, upon written request of the owner or of another lienholder\nnamed on the certificate, disclose any pertinent information as to his\nsecurity agreement and the indebtedness secured by it. The office …

* § 2123. Exclusiveness of procedure. The method provided in this\narticle of perfecting and giving notice of security interests subject to\nthis article is exclusive. Security interests subject to this article\nare hereby exempted from the provisions of law which otherwise rela…

§ 2124. Suspension or revocation of certificates. (a) (1) The\ncommissioner shall suspend or revoke a certificate of title, upon notice\nand reasonable opportunity to be heard in accordance with section two\nthousand one hundred twenty-seven, when authorized by any other\nprovis…

§ 2125. Fees. (a) The commissioner shall be paid the following fees:\n * (1) for filing an application for a certificate of title, fifty\ndollars except where the application relates to a mobile home or a\nmanufactured home as defined in section one hundred twenty-two-c of this\…

§ 2126. Powers of commissioner. (a) The commissioner shall prescribe\nand provide suitable forms of applications, certificates of title,\nnotices of security interests, and all other notices and forms necessary\nto carry out the provisions of this article.\n (b) The commissioner…

§ 2127. Hearings. A person aggrieved by an act or omission to act of\nthe commissioner under this article is entitled to a hearing. The\ncommissioner shall grant a hearing to an applicant therefor as soon as\npracticable, except that if a certificate of title is temporarily\nsus…

§ 2128. Court review. An act or omission to act of the commissioner\nunder this article shall be subject to review by the supreme court in\nthe manner provided in article seventy-eight of the civil practice law\nand rules.\n