New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter III - Fuel and Carrier Taxes › Subchapter C - Truck Mileage and Fuel Use Taxes › Article 1 - Highway Use and Fuel Use Permits › Part 474 - Permits, Plates And Stickers › Section 474.5 - Transfer of permit and plate or sticker

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 502
(a) A permit and plate or sticker issued for
					 a particular motor vehicle to a carrier may not be transferred to any other
					 motor vehicle whether owned by the carrier or by any other person. A permit and
					 plate or sticker issued to a carrier for a particular motor vehicle may not be
					 transferred to any other carrier or entity although the latter operates the
					 same motor vehicle. However, a lessee for a period of 30 days or less is not
					 required to obtain a permit (see section
					 473.8  of this
					 Title) but may operate a motor vehicle under the permit and plate or sticker
					 issued to the owner thereof. If the owner to whom a permit and plate or sticker
					 were issued sells the motor vehicle or leases it under an agreement covering a
					 period of more than 30 consecutive days, a new permit and plate or sticker must
					 be obtained by the new owner or the lessee. A permit and plate or sticker
					 issued to a lessee are valid only during the term of the lease or an extension
					 thereof. Any subsequent leasing of the motor vehicle to another lessee under an
					 agreement covering a period of more than 30 consecutive days requires a new
					 permit and plate or sticker.
Example 1:
A, the owner of a motor vehicle, has obtained a permit.
						If A sells the motor vehicle to B, B must obtain a new permit.
Example 2:
C, the owner of a motor vehicle, has obtained a permit.
						If C leases the motor vehicle to D for a period of one year, under the terms of
						a lease or agreement granting D direct control thereof, D must obtain a new
						permit.
Example 3:
E, the owner of the motor vehicle, has obtained a permit.
						If E leases the motor vehicle to F for one week and to G for 10 days, neither F
						nor G is required to obtain a permit but may operate the motor vehicle under
						E's permit.
Example 4:
H leases a motor vehicle from J for six months. H obtains
						a permit therefor. If J at the termination of the lease, leases it to K for one
						year, K must obtain a new permit.
Example 5:
L leases a motor vehicle from M for six months. L obtains
						a permit therefor, and returns the motor vehicle to M at the termination of the
						lease. M must obtain a new permit if he had not obtained a permit prior to the
						execution of the lease.
Example 6:
N leases a motor vehicle from O for six months and N
						obtains a permit therefor. If the lease is renewed for a further six months, N
						is not required to obtain a new permit.
Example 7:
P has a permit for a motor vehicle and interchanges it
						with Q. Q need not obtain a new permit but may operate the motor vehicle under
						the permit issued to P.
(b)
					 If a corporation transfers a motor vehicle to a subsidiary or affiliated
					 corporation, a new permit and plate or sticker must be obtained by the
					 subsidiary or affiliated corporation. However, if the motor vehicle is
					 transferred by the corporation to a branch, division or plant of the same
					 corporation, no new permit is required. If a business is dissolved, and
					 reorganized in another form, the new organization is required to obtain a new
					 permit and plate or sticker for the motor vehicle.
Example:
A corporation has a permit for a motor vehicle. The
						corporation is dissolved and partnership B is formed to operate the business. B
						must obtain a new permit.