N.Y. Comp. Codes R. & Regs. tit. 15 § 16.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 16.5 - Restrictions

(a) Personalized plates.

1. No person has a right to a particular personalized plate. Personalized plates are issued by DMV in the sole discretion of the commissioner.

2. Personalized plates bearing a plate number that represents a word, phrase, expression, or that has a meaning, connotation or format that the commissioner deems objectionable shall not be issued. Such plates shall include, but need not be limited to, those that the commissioner determines:

(i) Are obscene, profane, vulgar, repulsive, depraved, or lewd;

(ii) Describe or refer to a sexual or intimate body part, area or function;

(iii) Describe or refer to eliminatory or other bodily functions;

(iv) Are derogatory, contemptuous, degrading, disrespectful or inflammatory;

(v) Express, describe, advertise, advocate, promote, encourage, glorify, or condone violence, crime or unlawful conduct;

(vi) Describe, connote, or refer to illegal drug(s), controlled substance(s) or related paraphernalia;

(vii) May constitute copyright infringement, or infringement of a trademark, trade name, service mark, or patent;

(viii) Refer to, suggest, or may appear to refer to or to suggest any governmental or law enforcement purpose, function or entity;

(ix) Do not have at least one letter, consist of six numbers followed by one letter, or may be misleading or confusing in identifying a plate number (e.g., the substitution of the numeral zero for the letter "O") or

(x) Are reserved for issuance to specific classes of vehicles other than passenger vehicles (e.g., plates assigned to county clerks, members of certain professions, historic motor vehicles, etc.).

3. Personalized plates that the commissioner may deem to be objectionable shall include plates bearing a combination of letters or numerals that in any language, or by means of a slang term, abbreviation, phonetic spelling or mirror image, in the judgment of the commissioner, forms a word, phrase, or expression, or has a meaning or connotation listed in paragraph (2) of this subdivision.

4. The commissioner may determine at any time that a personalized plate is objectionable, regardless of whether the plate is requested, approved but not yet issued, or issued. If, after the commissioner receives a request for a personalized plate, the commissioner deems the requested plate to be objectionable, the commissioner shall deny the applicant's request. In such cases, the applicant shall be deemed to have consented to withdraw the application for the personalized plate. If, after the issuance of a personalized plate, the commissioner deems the issued plate to be objectionable, the commissioner shall invalidate the plate. The registrant will be required to remove the invalidated plate from the registered vehicle and will be issued a standard registration plate. When the commissioner either withdraws approval for a requested personalized plate or invalidates an issued personalized plate, the registrant may select a nonobjectionable personalized plate or a non-personalized plate at no additional cost.

(b) Reserved Series.

(1) No person, organization or other entity has a right to a requested reserved series. Reserved series are issued by DMV in the sole discretion of the commissioner.

(2) Reserved series bearing a message, image or other mark that has a meaning, connotation or format that the commissioner deems objectionable shall not be issued. Such series shall include, but not be limited to, those that the commissioner determines are described within subparagraphs (i) through (viii) of paragraph (2) of subdivision two of this section.

(3) The commissioner shall issue an acceptable reserved series upon the applicant's delivery to the Department of:

(a) a bond in a form acceptable to the Department, executed by a surety company authorized by the New York State Department of Financial Services to transact business in the state, in the amount of $6,000; or,

(b) at least 200 non-refundable, pre-paid orders for the proposed plates in the reserved series; Such delivery shall cover the Department's development costs for the design and production of the approved reserve series. If 200 or more plate orders are received within the two years following the date on which plates in the reserved series are first available for sale, then the commissioner shall not seek to recover against the bond. If fewer than 200 plate orders are received within such time, the commissioner shall be entitled to recover against the bond in an amount proportionate to such shortfall. Any such action against a bond shall be made by crediting the applicant with the service charge prescribed by sections 404 or 411-a of Vehicle and Traffic Law for each plate order timely received within the applicant's reserved series. This paragraph shall not apply to any plates in a proposed series reserved for employees or members of a governmental agency or body where such series cannot be issued to more than 200 individuals because of the criteria established for eligibility for a plate in such series (e.g., plates issued to members of the New York State Court of Appeals).

(4) The commissioner may determine at any time that a plate in a reserved series, or a series itself, is objectionable, regardless of whether the plate is requested, approved but not yet issued, or issued. If, after the commissioner receives a request for such a plate or plates, the commissioner deems the requested plate or plates to be objectionable, the commissioner shall invalidate such plate or plates. If such plate or plates have already been issued, the registrant will be required to remove the invalidated plate from the registered vehicle and will be issued a standard registration plate at no additional cost.

(c) In making any determination under this section, the commissioner shall rely upon the reasonably objective meaning of a proposed plate combination or reserved series and shall not consider or inquire of the applicant's subjective intent.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 16.5

Adopted New York State Register August 10, 2016/Volume XXXVIII, Issue 32, eff.8/10/2016