S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3051

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. REILICH -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
  motor vehicle requirements for the registration of motor vehicle title

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 2102 of the vehicle and  traffic
law,  as  amended  by  chapter  262  of the laws of 1978, paragraph 2 as
amended by chapter 169 of the laws of 1996, paragraph 3  as  amended  by
chapter  160  of the laws of 1989, paragraph 8 as amended by chapter 602
of the laws of 1986, paragraph 11 as amended by chapter 905 of the  laws
of  1983,  paragraph  12 as amended and paragraph 13 as added by chapter
484 of the laws of 1985, paragraphs 14 and 15 as amended  and  paragraph
16  as added by chapter 142 of the laws of 1986, paragraph 17 as amended
and paragraph 18 as added by chapter 135 of the laws of 1991, and  para-
graph 19 as added by chapter 322 of the laws of 1993, is amended to read
as follows:
  (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 or used for purposes of
testing or demonstration; or a vehicle used by a manufacturer solely for
testing other than: (i) a vehicle registered by a dealer or  manufactur-
er, or (ii) a vehicle for which a physical examination is required under
section  four  hundred  thirty  of  this chapter before a certificate of
title may be issued, or (iii) a vehicle held for sale by a dealer  which
was  purchased  by the dealer as a result of sale upon repossession or a
sale by a sheriff or marshall to satisfy a judgment, or (iv)  a  vehicle
held for sale by a dealer for which a certificate of title containing an
error  attributable  to processing by the department has been issued, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01602-01-3
              

A. 3051                             2

(v) a vehicle held for sale by a dealer for which ordinarily  acceptable
proof  of  ownership  cannot  be  obtained by the dealer with reasonable
diligence but for which a  certificate  of  title  would  ordinarily  be
issued  upon the filing of a bond with the commissioner as prescribed in
subdivision (d) of section twenty-one hundred five of this  article,  or
(vi) a vehicle for which a manufacturer or dealer has submitted a notice
of  repurchase  as  required  by subdivision two of section four hundred
seventeen-a of this chapter and  regulations  of  the  commissioner,  or
(vii) a vehicle held for sale by a dealer which was purchased by a deal-
er  as  the result of a sale by a police department, or (viii) a vehicle
held for sale by a dealer which was purchased by a dealer as the  result
of a sale by the United States government;
  (3)  A  vehicle owned by a non-resident of this state and not required
by law to be registered in this state provided, however, that a  certif-
icate  of  title  may  be  issued  to  such a non-resident for a vehicle
purchased by or transferred to such non-resident as a result of  a  sale
after  repossession,  or  a  sale  by a sheriff or marshall to satisfy a
[judgement] JUDGMENT,  or  a  sale  to  foreclose  a  garageman's  lien,
provided such sale was held in this state, or a result of the settlement
of  an  estate  of  a  deceased  if  such  settlement is pursuant to the
estates, powers and trusts law of this state  or  a  sale  by  a  police
department, provided such sale was held in this state;
  (4)  A  vehicle  regularly engaged in the interstate transportation of
persons or property for which a currently effective certificate of title
has been issued in another state;
  (5) A vehicle moved solely by animal power;
  (6) An implement of husbandry;
  (7) Special mobile equipment;
  (8) A self-propelled wheel chair or an adapted  tricycle  operated  or
driven by a person with a disability;
  (9)  A  pole  trailer or a trailer with an unladen weight of less than
one thousand pounds;
  (10) [A vehicle manufactured prior to  July  first,  nineteen  hundred
seventy-two  and  designated  by  the  manufacturer  as being a nineteen
hundred seventy-two or earlier model year vehicle, and any vehicle manu-
factured or assembled prior to January first, nineteen hundred  seventy-
three for which the manufacturer or assembler has not designated a model
year;
  (11)]  Snowmobiles,  off-highway  motorcycles and limited use motorcy-
cles;
  [(12)] (11) A motor vehicle set off to a surviving spouse or surviving
minor child pursuant to section 5-3.1 of the estates, powers and  trusts
law  until  an  application for registration is made by such survivor or
until after the survivor transfers the vehicle, in which case the trans-
feree must apply for a certificate of title;
  [(13)] (12) A vessel not required to be registered in this  state  and
which is not registered in this state;
  [(14)]  (13)  A vessel designated by the manufacturer as being a nine-
teen hundred eighty-six or earlier model  year  vessel  and  any  vessel
manufactured or assembled prior to August first, nineteen hundred eight-
y-six for which the manufacturer or assembler has not designated a model
year;
  [(15)]  (14)  Any  vessel having a valid marine document issued by the
United States or a foreign government;
  [(16)] (15) Any vessel under fourteen feet in length;

A. 3051                             3

  [(17)] (16) A vehicle owned or leased by the state  of  New  York  and
regularly  utilized or intended to be utilized for undisclosed or under-
cover law enforcement purposes;
  [(18)]  (17) A vehicle owned by a non-resident of this state for which
a currently effective certificate of title has been  issued  in  another
state  and  which  is  leased  to a resident of, and registered in, this
state.
  [(19)] (18) A mobile home or a manufactured home,  manufactured  prior
to  July  first,  nineteen  hundred  ninety-four  and  designated by the
manufacturer as being a nineteen hundred ninety-four  or  earlier  model
year  mobile  home or manufactured home, and any mobile home or manufac-
tured home manufactured or assembled prior to  January  first,  nineteen
hundred  ninety-four  for  which  the  manufacturer has not designated a
model year.
  S 2. The commissioner of motor vehicles, as part of the motor  vehicle
registration renewal process, shall notify affected motor vehicle owners
about such new title requirements.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
motor vehicle registration renewals occurring on or after such date.