NY Veh & Traf L § 250 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 3 - Exemption of Non-Resident Owners and Operators 250 - Exemption of Non-Resident Owners and Operators.

§ 250. Exemption  of  non-resident  owners and operators. 1. Except as otherwise provided in subdivision three of this section, the  provisions of  this  chapter  relative  to  the registration and equipment of motor vehicles, motorcycles and  trailers  and  the  display  of  registration numbers  shall not apply to a motor vehicle, motorcycle or trailer owned by a non-resident of this state, provided that the owner  thereof  shall have  complied  with  the  provisions of the law of the foreign country, state, territory or  federal  district  of  his  residence  relative  to registration and equipment of such motor vehicle, motorcycle or trailer, as the case may be, and the display of registration numbers thereon, and shall   conspicuously  display  his  registration  numbers  as  required thereby. However, except for  a  vehicle  owned  by  a  person  who  has obtained  a  waiver  pursuant  to  the  provisions  of  paragraph  b  of subdivision three of this section, with respect  to  such  vehicle,  the provisions of this subdivision shall be operative as to a motor vehicle, motorcycle  or trailer owned by a non-resident of this state only to the extent that under the laws of the foreign country, state,  territory  or federal  district  of  his  residence like exemptions and privileges are granted to motor vehicles,  motorcycles  and  trailers  duly  registered under the laws of and owned by residents of this state.   A  person, firm, association or corporation having a place of business in a foreign country, state, territory or federal district and owning  a motor vehicle, motorcycle or trailer used in connection with and garaged at  such  place of business which such owner is compelled to register in such foreign jurisdiction shall be deemed a  resident  of  such  foreign jurisdiction and a non-resident of this state within the meaning of this subdivision   for  the  purpose  of  enjoying  the  privileges  of  this subdivision with respect to such vehicle.   In case a non-resident becomes a resident of this state, he  shall  be entitled for a period not exceeding thirty days from the date he becomes a  resident  to the same exemption from registering his vehicles in this state as he would have enjoyed had he remained a non-resident.   2. A person of the age of sixteen years and upwards  who  shall  be  a nonresident of this state, and a resident of a state, territory, federal district  or  foreign  country  having  laws, with which such person has complied, which require such person, in order to operate a motor vehicle or motorcycle therein, to be licensed, may  operate  or  drive  a  motor vehicle or motorcycle on the public highways of this state without being so  licensed under this chapter, provided, however, that the recognition granted under this subdivision shall, with respect to a person under the age of eighteen years, only permit the operation of a motor  vehicle  or motorcycle  in  this  state  in  accordance  with  the same restrictions imposed upon New York residents operating or driving motor  vehicles  or motorcycles  with  class  DJ  or  MJ licenses under subdivision three of section five hundred one of this  chapter.  A  nonresident  entitled  to operate  a  motor  vehicle  or  motorcycle  as herein provided who shall become a resident of this state may operate or drive a motor vehicle  or motorcycle  on  the  public  highways  of  this  state  for a period not exceeding thirty days from the date he becomes a  resident  pending  the obtaining  of  a  license to operate such motor vehicle or motorcycle in this state. The exemption granted in this subdivision shall not apply to persons whose privilege of operating a motor vehicle in this  state,  or whose  former  license  to  drive  in  this state, has been suspended or revoked, until such suspension or  revocation  has  been  terminated  or privilege of operating a motor vehicle restored.   3.  (a)  The  exemptions provided in subdivisions one and four of this section shall not apply to a motor vehicle, motorcycle or trailer, other than a semitrailer drawn by a tractor registered in this state which  is  operated  on  any  public  highway of this state to transport persons or property for hire or profit from one point  in  this  state  to  another point  in  this  state  or which is operated in doing any work performed under  a  contract  for  a  public  improvement  to  which  the state, a municipal corporation, a  school  district  or  a  commission  appointed pursuant  to  law  is  a  party, except to transport machinery, tools or other plant equipment to be used in the performance of such a  contract; provided,  however,  that the mere makeup or breakup of a tandem trailer combination on the New York state thruway shall not, with respect to the tractor hauling such tandem trailer combination, constitute, in  and  of itself,  a  point  in  this state for the purpose of determining whether there has been a transportation of property for hire or profit from  one point  in  this state to another point in this state; provided, further, however, that the transportation by any tractor not  registered  in  the state  of  New  York  of  a trailer carrying property for profit, placed thereon within this state and consigned for delivery  herein,  shall  be prohibited.  (b)  The  commissioner may, in his discretion, waive the provisions of this subdivision with respect to any motor vehicle, motorcycle,  trailer or  semitrailer,  duly  registered  in another state, territory, federal district or  foreign  country,  provided  that  the  owner  thereof  has registered  annually  in  this state a number of vehicles equal to or in excess of the average number of vehicles said owner will have  available annually  in  this state for hire or operation therein. The commissioner is hereby  authorized  and  empowered  to  adopt  and  amend  rules  and regulations  to  effectuate  the  provisions  of  this  paragraph.  Such regulations may include a requirement that the owner file  annually  and at  such  time  and  in  such  manner  as  shall  be  prescribed  by the commissioner, a sworn  statement  including,  but  not  limited  to  the following  information:  (1) the owner's total number of motor vehicles, motorcycles, trailers and/or semitrailers registered in Canada  and  the United  States;  (2)  the  owner's  total  annual  registration  of such vehicles in this state; and (3) the total number of such vehicles  which are  rented, leased or used in this state for the preceding twelve month period or in the absence of any past experience, the  total  anticipated number  of  such  vehicles  that  will be rented, leased or used in this state. Nothing herein contained shall  be  construed  as  requiring  the granting of the waiver authorized by this paragraph.  (c)  The  provisions  of paragraph (a) of this subdivision, insofar as they require display of number plates issued by the commissioner,  shall not  apply  to  any  motor  vehicle,  other  than  a  bus, which is duly registered in another state and displays registration and number  plates as  required  by that state, which registration and number plates permit the transportation of persons for-hire within that state,  provided  the registrant  has been issued a registration for such motor vehicle by the commissioner, has  paid  the  appropriate  annual  fee  as  provided  in schedule  C  of  subdivision  seven  of section four hundred one of this chapter and displays proof of  such  registration  on  such  vehicle  in accordance   with   regulations   promulgated   by   the   commissioner. Notwithstanding any other provision of this  chapter,  the  commissioner need   not  issue  number  plates  to  the  registrant  when  issuing  a registration intended to secure the authorization for  operation  within this state as provided by this paragraph.   4.  a.  The provisions of this chapter relative to the registration of motor vehicles, motorcycles and trailers and the display of registration numbers shall not apply to a motor vehicle, motorcycle or trailer  owned by  a  non-resident  of  the state who is a seasonal farm laborer, for a period extending from the first  day  of  April  to  and  including  the  thirtieth  day of November in each year, provided that the owner thereof shall have complied with the  provisions  of  the  law  of  the  foreign country,  state, territory or federal district of his residence relative to  registration  of  such  motor vehicle, motorcycle or trailer, as the case may be, and  the  display  of  registration  numbers  thereof,  and provided  further  that  the  owner  thereof  shall furnish proof to the commissioner that such owner has in effect with respect  to  such  motor vehicle  an  automobile  liability policy issued by an insurance company authorized to do business in this state or by  an  unauthorized  insurer authorized  to transact business in the jurisdiction of his residence in at least the amount of twenty-five thousand dollars  because  of  bodily injury  to  or  fifty thousand dollars because of death of one person in any one accident and, subject to said limit for one person, in at  least the  amount of fifty thousand dollars because of bodily injury to or one hundred thousand dollars because of death of two or more persons in  any accident,  and in at least the amount of ten thousand dollars because of injury to or destruction of property of others in any one accident.   b. Upon filing of such proof of financial security,  the  commissioner shall  issue  to the owner of said motor vehicle, motorcycle or trailer, upon payment of a fee of two dollars, a certificate,  which  certificate shall  be  affixed  to  a  prominent place on the interior of said motor vehicle,  motorcycle  or  trailer,  and   shall   bear   the   following information:  (1)  name  and address of the owner of said motor vehicle, motorcycle or  trailer,  (2)  make  and  year  of  said  motor  vehicle, motorcycle or trailer, (3) state of registration and registration number thereof, (4) date of expiration of the exemption period provided in this subdivision  and  (5)  such  other  information  as the commissioner may direct.   c. The exemption provided in this subdivision shall in no  way  affect the  non-resident  status of the owner of said motor vehicle, motorcycle or trailer and he shall be subject to the provisions of all other  laws, rules,  codes  and  regulations  with  respect  to  the ownership and/or operation by a non-resident of a motor vehicle, motorcycle or trailer in this state. However, all said motor vehicles, motorcycles  and  trailers shall  be  subject  to the provisions of article five of this chapter in the same manner as if they are registered in this state.   d. A non-resident of the state who is a seasonal farm laborer shall be entitled to a period not exceeding thirty days  from  the  date  of  his entrance into the state within which to file proof of financial security and  pay  the  fee  required  and  secure  the certificate authorized in paragraph b of subdivision four of this section, provided, however, that the limitations contained in subdivision three of this section shall  be applicable  until such time as the certificate authorized in paragraph b of this subdivision is obtained.   5.  As  used  in  this  section,  the  term  "resident"   shall   mean domiciliary,  that is, one who lives in this state with the intention of making it a fixed and permanent abode. It shall be presumptive  evidence that  a person who maintains a place of abode in this state for a period of at least ninety days is a resident of this state.