Sec. 102.2. Registration and titling

(a) General.

A limited use automobile is required to be titled in accordance with the provisions of article 46 of the Vehicle and Traffic Law and Part 20 of this Title. A limited use motorcycle is exempt from such titling requirements. In order to be operated on a public highway in this State, a limited use vehicle must be registered with the Department of Motor Vehicles.

(b) Registration categories.

(1) Limited use automobile. A motor vehicle with a maximum performance speed of not more than 40 miles per hour which would be subject to registration pursuant to subdivision (6) of section 401 of the Vehicle and Traffic Law (passenger automobile) must be registered as a limited use automobile in order to be operated on any public highway in this State.

(2) Class A limited use motorcycle. A motor vehicle with a maximum performance speed of more than 30 but not more than 40 miles per hour which would be subject to registration pursuant to section 410 of the Vehicle and Traffic Law (motorcycle) must be registered as a class A limited use motorcycle in order to be operated on any public highway in this State.

(3) Class B limited use motorcycle. A motor vehicle with a maximum performance speed of more than 20, but not more than 30 miles per hour which would be subject to registration pursuant to section 410 of the Vehicle and Traffic Law (motorcycle) must be registered as a class B limited use motorcycle in order to be operated on any public highway in this State. Such registration shall only permit the operation of such a vehicle on a public highway in the right- hand lane available for traffic or upon a usable shoulder on the right side of the highway. The limitation with respect to operation in the right-hand lane or upon a usable shoulder shall not apply when preparing for a left turn at an intersection or into or from a private road or driveway.

(4) Class C limited use motorcycle. A motor vehicle with a maximum performance speed of not more than 20 miles per hour which would be subject to registration pursuant to section 410 of the Vehicle and Traffic Law (motorcycle) must be registered as a class C limited use motorcycle in order to be operated on any public highway in this State. Such registration shall only permit the operation of such a vehicle on a public highway in the right-hand lane available for traffic or upon a usable shoulder on the right side of the highway. The limitation with respect to operation in the right-hand lane or upon a usable shoulder shall not apply when preparing for a left turn at an intersection or into or from a private road or driveway.

(c) Procedures.

(1) All requirements of the Vehicle and Traffic Law, the regulations of the Commissioner of Motor Vehicles and procedures established thereunder with respect to the registration and titling of passenger automobiles and the registration of motorcycles shall apply to the registration and titling of limited use automobiles and the registration of limited use motorcycles respectively, except as otherwise provided in this Part. These requirements and procedures include, among other things: registration application procedures; required proof of ownership; sales tax procedures; insurance, inspection and equipment requirements; and display of number plates.

(2) A dealer shall not be required to submit an application for registration of a limited use motorcycle which he has sold. The application for registration may be made by the applicant himself.

(3) An application for registration of a class C limited use motorcycle with a maximum performance speed of not more than 17 miles per hour which was sold prior to October 1, 1977 by a person engaged in the business of selling such vehicles who was not registered as a dealer at the time of such sale, may be supported by a completed statement of sale made on a form prescribed or furnished by the commissioner. Such statement shall contain the name and address of the seller, the name and address of the purchaser, the date of sale, a complete description of the vehicle, including the vehicle identification number, the maximum performance speed at the time of the sale, the dealer's sales tax number and a statement that the proper sales tax was or was not paid. The form shall have a printed statement that false statements made therein are punishable pursuant to section 210.45 of the Penal Law. The form must be signed by the seller and the purchaser. If the seller was registered at the time of sale as a dealer, he may issue an MV-50 supported by a manufacturer's statement of origin or he may use the above form.

(4) An office supervisor may, in his discretion, waive any specific requirement as to required proof of ownership in an appropriate situation and may in lieu thereof accept an affidavit or affidavits from the purchaser and/or any other parties he may deem necessary. (Examples, an affidavit or affidavits may be accepted when a limited use motorcycle was purchased out-of-State and such State did not require ownership documents upon sale, or, in a situation in which the selling dealer is no longer in business.)

(5) If a limited use motorcycle registration application is supported by documents which indicate a maximum performance speed other than that certified by the manufacturer for that model or sub-model, the limited use motorcycle will be registered in accordance with the next highest maximum performance speed certified by the manufacturer.