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 section 78.23(a) of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 420-a
Subject:
Dealer Plate Program.
Purpose:
Waives one year waiting period for new dealers to enter the Dealer Plate Issuance Program.
Text of proposed rule:
Subdivision (a) of section 78.23 is amended to read as follows:
(a) Eligibility of dealers. Any dealer who has been a registered retail dealer in New York State or any other state for at least one year may make application to the Commissioner on a form provided by the Commissioner for authorization to issue temporary registrations pursuant to Section 420-a of the Vehicle and Traffic Law. The Commissioner may waive the one year waiting period for a dealer adding another dealership [or for a new dealer] if the person or persons operating the business have a history of satisfactory participation in the dealer issued plate program within the last five years or for a newly licensed dealer who sells new vehicles.
Text of proposed rule and any required statements and analyses may be obtained from:
Michelle Seabury, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: michelle.seabury@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida L. Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: ida.traschen@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
The Department of Motor Vehicles’ Dealer Plate Program allows auto dealers to stock and distribute license plates from their business locations. By contrast, when a customer buys a vehicle from a dealer that is not in the Dealer Plate Program, a license plate must be obtained from a local DMV office before the buyer can drive the vehicle off the lot. This can be done, for example, using a “runner” working for the dealership. Thus, the Dealer Plate Program is of great convenience for both dealerships and vehicle purchasers.”
This amendment would make franchised new car dealers eligible to enter into the Dealer Plate Issuance Program immediately upon being licensed in New York and eliminate the current one year in business requirement for new car dealers. The amendment would also clarify that the applicant otherwise must have been a registered retail dealer, in NYS or any other state, for at least one year.
By eliminating the one year waiting period, this proposal would be beneficial to both franchised new car dealers and their customers, because these dealers would be able to assign plates and issue temporary registrations for their customers on site as opposed to having to wait to deliver applications to a motor vehicle office for processing and assignment of plates, thus making it possible for virtually immediate delivery of vehicles to their customers.
Job Impact Statement
A JIS is not submitted because this rule will have no adverse impact on job creation or job development in New York State.
