Title VAT, Vehicle & Traffic

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

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

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

§ 1810. Compensation of officers shall not depend upon apprehension or arrests. (a) No city or village shall employ any officer, agent or person whose compensation shall in any way depend upon the apprehension or arrest of any person or persons for violating any ordinance adopte…

§ 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 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 vehi…

§ 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 copie…

§ 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, 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 ex…

§ 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 owne…

§ 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 …

§ 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, regist…

§ 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…

§ 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 an…

§ 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 an…

§ 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…

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

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

§ 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 which is in this state and is not excluded from provisions of this title by section two thousand one hundred two of this article, and for which no certificate of title has been issued by the commissioner shall m…

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

§ 2105-a. Liens on motor vehicles for failure to make child support payments. (a) The commissioner, on behalf of the department, shall enter into a written agreement with the commissioner of the office of temporary and disability assistance which shall set forth the procedures f…

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

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

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

§ 2109. Delivery. The certificate of title shall be mailed to the owner.

§ 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, p…

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

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

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

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

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

§ 2115. Transfer by operation of law. (a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subdivision (b), promptly mail or deliver to the commissioner the last certificate of title, if avai…

§ 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 manufactured home. (a) The owner or owners of a manufactured home who possess the manufacturer's certificate of origin to the manufactured home that is affixed to a permanent foundation as provided in subdivision…

* § 2117-b. Surrender of title to a manufactured home. (a) The owner or owners of a manufactured home that is covered by a certificate of title and that is affixed to a permanent foundation as provided in section three hundred forty-four-a of the real property law, or which the …

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

§ 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 a vehicle: (a) The owner shall, if the lienholder so requests, execute the application, in the space provided therefor on the certificate of title or on a separate form the commissioner prescribes, to name the…

§ 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.

§ 2120. Assignment by lienholder. (a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of th…

§ 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 title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his security agreement and the indebtedness secured by it. The office of …

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

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

§ 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 and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out the provisions of this article. (b) The commissioner may:…

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

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