N.Y. Comp. Codes R. & Regs. tit. 15 § 28.2

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

Section 28.2 - IRP registration in New York State

(a)General.

An applicant for IRP registration in this State must apply to the commissioner for a fleet registration. The International Registration Bureau has been established by the commissioner to provide information for and to process all IRP transactions. The address and phone number of the International Registration Bureau is set forth in section 28.11(a) of this Part. An applicant for an IRP registration in this State must have an established place of business in this State or in a jurisdiction which is not a member of IRP. A fleet consists of one or more vehicles which are subject to IRP registration and other vehicles which may be IRP registered which are to be proportionately registered in the same jurisdictions. An applicant for IRP registration in New York may register any number of separate fleets.

(b)Application procedure for original fleet registration.

An application for fleet registration must be made on forms provided by the commissioner and must be submitted to the address set forth on the application form. The application shall list all vehicles for which registration is requested within that fleet and must be completed in accordance with the directions contained on the forms constituting the application. The applicant must also submit proof of identity, a copy of the filing receipt issued by the New York Department of State for registrations in the corporation name, proof of established place of business or residency in New York State, proof of vehicle ownership, proof of insurance or exemption therefrom, and where required, evidence of payment or exemption from sales tax and the Federal heavy vehicle tax. In addition, the applicant must:

(1) supply its USDOT number and taxpayer identification number;

(2) supply the USDOT number and taxpayer identification number of the motor carrier responsible for safety for each vehicle in its fleet;

(3) comply with reporting requirements set forth in the Federal Motor Carrier Safety Administration's Performance and Registration Information Systems Management (PRISM) Program.

Failure to supply the information required in this subdivision may result in the denial of a registration application.

(c)Changes in fleet registration and replacement of IRP items.

(1) To make a change in a fleet registration or to replace or correct an IRP item during the registration period, an appropriate supplemental application form or forms provided by the commissioner must be completed and submitted to the department except that when Temporary Evidence of Apportioned Registration (TEAR) is requested simultaneously with such change, the appropriate schedules should be submitted as provided in paragraph (6) of this subdivision. Changes in fleet registrations which may be made consist of adding or deleting vehicles to a fleet, increasing or decreasing vehicle weights, transferring number plates to another vehicle, changing name and/or address of registrant and adding jurisdictions in which the fleet may operate. A jurisdiction may not be deleted from a fleet registration during the registration period.

(2) Assignment of license plates to vehicles will be done according to department procedures.

(3) Temporary Evidence of Apportioned Registration (TEAR). If a TEAR is requested simultaneously with a change in registration or replacement of IRP items, a copy of a properly completed application may be electronically transmitted to the department. In such case, the number of registration months which will be affected by the change in registration will include the full month in which the TEAR is issued.

(d)Renewals.

IRP registrants in New York will receive a renewal application from the Department of Motor Vehicles. The registrant must follow the directions provided with the application in order to renew.

(e)Payment of fees.

(1) The department shall process the application and send an invoice to the applicant indicating the total amount to be paid for the transaction. The invoice will contain the following information: fees due this State, the fees to be collected by this State on behalf of the other jurisdictions in which the fleet is being proportionately registered and any fees necessary for plates, stickers and cab cards which are being issued. The amount billed must be paid by certified check or money order made out to the Commissioner of Motor Vehicles. No plates, stickers or cab cards will be issued until proper payment is received.

(2) Fees should be submitted with an application for change of registration or for replacement of IRP items only as follows:

(i) If the only change being made consists of a decrease in weight, a fee of $2 should be submitted with the application for each vehicle for which a new cab card will be issued.

(ii) If only a name change is being made or if the application is for replacing plates, stickers and/or cab cards only and temporary authority is not being simultaneously requested, the appropriate fees should be submitted with the application. If plates are replaced, new cab cards will also be issued and the fees for both plates and cab cards should be submitted. A new cab card will not be issued for a change of address only and no fee need be submitted.

(f)Proof of insurance or exemption.

Proof of insurance consists of a valid New York State insurance identification card. Proof of exemption from insurance requirements consists of a valid Federal or New York State Department of Transportation permit number. Article 6 of the Vehicle and Traffic Law and Part 32 of this Title govern the insurance requirements for vehicles other than those engaged in the business of transporting passengers for hire. Article 8 of the Vehicle and Traffic Law governs the insurance requirements for vehicles engaged in the business of transporting passengers for hire.

(g)Proof of ownership.

(1) In order for a vehicle to be IRP registered in this State, the registrant must submit proof of ownership for the vehicle, and if the vehicle is owned by other than the registrant, the registrant must also submit proof that the registrant has permission from the owner to so register the vehicle. The following constitute acceptable proof of ownership:

(i) for 1973 and newer vehicles titled in this State in the registrant's name-a copy of the New York Certificate of Title or copy of the receipt for application for title;

(ii) for vehicles titled in another jurisdiction in the registrant's name-a copy of the title issued by such jurisdiction. If the title is held by a lienholder, a certified copy of the title in the owner's name and the lienholder's statement identifying the owner and the vehicle's year, make and VIN. The statement must be on the lienholder's letterhead and must state that the lienholder holds the original title and is aware that the title copy will be used to register the vehicle in this State.

(iii) for 1972 or older vehicles or for vehicles exempt from titling in the jurisdiction of origin which have been registered in the registrant's name-a copy of the transferable registration issued by that jurisdiction; and

(iv) for vehicles being registered in a name other than the owner's-the appropriate ownership document indicated above in the owner's name and a form, provided by the commissioner, properly completed by the owner authorizing the applicant to register the vehicle in the registrant's name (form MV-95). If the vehicle is a leased vehicle being registered in the name of the lessee, a letter from the lessor on the lessor's letterhead stating that the lessee may register the vehicle in the lessee's name may be substituted for the form MV-95.

(h)Sales tax clearance.

Proof of payment of sales tax or exemption from sales tax must be submitted with the IRP registration application when the proof of ownership for a vehicle is from another jurisdiction.

(i)Overweight registrations.

A vehicle may not be registered in this State for a maximum gross weight in excess of the maximum gross weights established in section 385 (10) of the Vehicle and Traffic Law. If a permit or authorization for a permit has been issued by the New York State or New York City Department of Transportation which allows the vehicle to operate with a higher maximum gross weight, upon submission of a copy of such permit or authorization, the vehicle may be registered in this State for the maximum gross weight contained on the permit or authorization.

(j)Miscellaneous.

The International Registration Bureau, the unit within the department which processes IRP registration applications, will not accept an application for issuance of a New York Certificate of Title nor will such office issue sales tax documents. Transactions involving applications for Certificates of Title or payment or exemption from sales tax must be processed at a regular issuing office of the department prior to application for the IRP registration.

(k)Proof of payment or exemption of heavy vehicle use tax.

Every applicant must submit proof of payment of the Federal heavy vehicle use tax ;for all vehicles registered for a weight of 55,000 pounds or more combined or load gross weight. Proof is not required upon initial IRP registration on new or used vehicles registered within 60 days of the date shown on the bill of sale. Proof of payment or exemption consists of a copy of a receipted Internal Revenue Service (IRS) Schedule I (Form 2290), listing vehicle identification numbers, or an unreceipted copy of IRS Schedule I with proof of payment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.2

Amended New York State Register September 6, 2017/Volume XXXIX, Issue 36, eff. 9/6/2017