MTV-15-07-00006-P Temporary Indicia of Registration and Inspection

4/11/07 N.Y. St. Reg. MTV-15-07-00006-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 15

April 11, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-15-07-00006-P

Temporary Indicia of Registration and Inspection

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend Part 21 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a), 306(b) and 403

Subject:

Temporary indicia of registration and inspection.

Purpose:

To permit motorists to use temporary indicia of registration and inspection stickers for a period not to exceed 15 days when a registration or inspection sticker is lost, stolen, destroyed or mutilated; and makes certain other minor changes to the language to make the text gender-neutral and clearer.

Text of proposed rule:

The heading of Part 21 is amended to read as follows:

Part 21

Temporary Indicia of Registration and Inspection

Statutory authority: Vehicle and Traffic Law, §§ 215(a), 306(b) and 403-a

Section 21.1 is amended to read as follows:

21.1 Introduction. [Section] Sections 306(b)and 403-a of the Vehicle and Traffic Law [permits] permit the Commissioner of Motor Vehicles to provide by regulation for the use of temporary registration number plates, registration validating [sticker] stickers and inspection [sticker] stickers to replace lost, stolen, destroyed or mutilated plates or stickers. [Previously, there was no provision in the Vehicle and Traffic Law to permit a person, who had discovered a plate missing or whose validating sticker and/or inspection sticker was missing or mutilated, to legally operate his motor vehicle. In some cases, the driver was practically forced to operate the vehicle illegally since the alternative was to park it.] Hereinafter in this Part, “lost, stolen or destroyed” plates or stickers shall be referred to collectively as “missing” plates or stickers. This Part sets forth the general rules governing the contents and use of such temporary indicia of registration and inspection.

Section 21.2 is amended to read as follows:

21.2 Temporary indicia of [Registration] registration. (a) Missing or mutilated registration plate(s). When [a motorist discovers that either] one or both [of his] registration number plates [or both of them] are missing or mutilated, [he] a motorist may operate or park [his] the motor vehicle or trailer upon the public highways before applying for, or while waiting for the issuance of, a duplicate of such missing or mutilated [item] plate(s), if [he] the motorist places a temporary substitute plate [or plates] of cardboard or [similar] other durable material of the approximate size of the missing [plate or plates] plate(s) in the [space] space(s) normally occupied by [the] each missing or mutilated [item or items] registration plate, and provided all the requirements of section 21.5 of this Part are met. [Such] Temporary substitute [plate or] plates shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss or mutilation, but not beyond the expiration date of the registration. The [content of such] temporary [plate or plates] plate(s) shall [be] set forth, in a manner so as to be legible at a distance of at least 50 feet: the words “New York”, the registration plate number and the date of loss or mutilation [, all legibly written].

(b) Missing or mutilated registration sticker. When a [windshield is replaced,] registration validating sticker is missing or mutilated, a motorist may operate or park [his] the motor vehicle upon the public highways, before applying for, or while waiting for the issuance of, a duplicate of [his] such missing or mutilated [validating] registration sticker, if [he] the motorist attaches a piece of paper of a size not to obstruct the driver's vision in the inside lower left hand corner of [his] the windshield, and provided all the requirements of section 21.5 of this Part are met. Such [piece of paper] temporary substitute registration sticker shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss or mutilation, but not beyond the expiration date of the registration. The [content of such piece of paper] temporary substitute registration sticker shall [be] set forth, in a legible manner, the name of the registrant, the year, make and color of the vehicle, the date of expiration of the validating sticker and the date of loss or mutilation.

Section 21.3 is amended to read as follows:

21.3 Temporary indicia of [Inspection] inspection. Missing or mutilated inspection sticker. When [a windshield is replaced,] an inspection sticker is missing or mutilated, a motorist may operate or park [his] the motor vehicle upon the public highways, before applying for, or while waiting for the issuance of, a duplicate of [his] such missing or mutilated inspection sticker, if [he] the motorist attaches a piece of paper of a size not to obstruct the driver's vision in the inside lower left hand corner of [his] the windshield, and provided all the requirements of section 21.5 of this Part are met. Such piece of paper, which shall serve as a temporary substitute inspection sticker, shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss, but not beyond the expiration date of the inspection. The [content of such piece of paper] temporary substitute inspection sticker shall [be] set forth, in a legible manner, the name of the registrant, the year, make and color of the vehicle, the date of expiration of the inspection sticker, the inspection sticker number [(obtained from the inspection sticker on the replaced windshield)], and the date of loss or mutilation.

Section 21.4 is amended to read as follows:

21.4 Combined temporary indicia of registration and inspection. Missing or mutilated registration and inspection stickers. When [a windshield is replaced and] both [the] a registration validating sticker and an inspection sticker are missing or mutilated, a motorist may attach a single piece of paper of a size not to obstruct the driver's vision to the inside lower left hand corner of [his] the windshield [combining the contents specified by section] in accordance with the combined requirements of sections 21.2(b) and 21.3 of this Part. Such piece of paper, which shall serve as a combination temporary substitute registration and inspection sticker, shall be provided by the motorist and shall be valid for a period not to exceed 15 days from the date of loss or mutilation, but not beyond the expiration date of the registration or inspection, whichever occurs first.

Section 21.5 is amended to read as follows:

21.5 Accompanying documents. (a) When temporary indicia of registration are in use. A motorist must carry [his] the registration certificate [with him] when [he operates or parks] operating a motor vehicle or trailer [with] bearing any temporary indicia of registration as provided in this Part. [In addition, a]

(b) When temporary indicia of inspection are in use. A motorist must carry [the windshield repair shop bill of sale with him] one of the following documents when [the] operating a motor vehicle bearing a temporary indicia of [registration or] inspection [consists of a piece of paper attached to the lower left hand corner of his windshield] as provided in this Part:

(i) the remains of the original inspection certificate showing the date of expiration, the sticker serial number and the mileage;

(ii) the inspection receipt;

(iii) a verification document (other than the inspection receipt) from the inspection station that issued the original certificate consisting of a statement on the station's letterhead indicating the original certificate serial number, vehicle description, plate number, date issued and mileage at the time of inspection, as described in Part 79 of this Title; or

(vi) an appropriate report from the computerized vehicle inspection system (CVIS, as described in Part 79 of this Title) containing the vehicle inspection information.

(c) In the case of a parked vehicle, presentation of the required documents in court before or on the return date or any adjourned date shall meet the requirements of this Part.

Text of proposed rule and any required statements and analyses may be obtained from:

Michele Welch, Counsel's Office, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Dinah M. Crossway, Assistant Counsel, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, [phone], e-mail: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed amendment is necessary to permit motorists to use temporary indicia of registration and inspection stickers for a period not to exceed 15 days when a registration or inspection sticker is lost, stolen, destroyed or mutilated. Currently, Part 21 only permits the use of temporary sticker indicia when a sticker is lost, stolen, destroyed or mutilated and the vehicle's windshield is replaced. That rule is considered to be unduly restrictive, since there are many motorists who have a legitimate need to use temporary indicia of registration or inspection when a sticker is lost, stolen, destroyed or mutilated in a situation in which the windshield is not replaced. Certain other minor changes to the language of Part 21 are proposed to make the text gender-neutral and clearer.

Job Impact Statement

A Job Impact Statement is not submitted with this proposed rule because it would not have an adverse impact on job development in New York State.