N.Y. Comp. Codes R. & Regs. tit. 15 § 28.5

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

Section 28.5 - Temporary evidence of apportioned registration

(a) General. The department is aware that IRP registrants in this State may find that in some emergency situations it may be necessary to make changes in fleet registrations or to replace lost or stolen IRP documents more rapidly than can be accomplished following routine established procedures. The department will attempt to service these emergency situations through the use of a procedure for the issuance of the Temporary Evidence of Apportioned Registration. However, the use of such emergency procedures will not be allowed to unduly interfere with the routine processing of registration applications. Therefore, upon notice, the department may eliminate specific registration changes from such Temporary Evidence of Apportioned Registration procedure.

(b) Procedure for issuance of Temporary Evidence of Apportioned Registration (TEAR).

(1) A registrant who has a fleet IRP registered in this State, and is in good standing may apply to the International Registration Bureau of the department to purchase one or more TEARs. An established wire service may apply to the International Registration Bureau of the department on behalf of the department. With respect to the processing of TEARs, an established wire service shall act solely as a transmitter of requests for issuance of TEARs and transmitter of issued TEARs to qualified registrants.

(2) In order to have an assigned TEAR issued, the following information must be submitted to the International Registration Bureau of the department by electronic means: the vehicle identification number of the vehicle for which the TEAR is requested, the name and address of the registrant to which the TEAR will be issued, the name and address of the established wire service, if the request is being submitted by a registrant through an established wire service, the fax number to which the issued TEAR is to be sent, and a copy of a properly completed form provided by the commissioner for the transaction which is being made.

(3) Upon receipt of request for issuance of a TEAR, the department shall verify the information submitted and that the registered or established wire service is eligible to have TEARs issued. If it is appropriate to issue the TEAR, the transaction will be partially processed by the department and an invoice produced. The department shall then issue the TEAR and electronically transmit it to the fax number provided. If the TEAR is transmitted to an established-wire service, that service shall be responsible for delivery of the TEAR or a copy of the TEAR to the registrant to whom the TEAR is being issued. The department shall then mail the invoice to the registrant together with a list of any documentation which may be required to be submitted. The documentation which is required is the documentation that is necessary for the registration change that is being made or is necessary for the replacement of IRP items as set forth in section 28.2 of this Part. The amount which will be contained on the invoice will be the total fee required for the registration change or replacement of IRP items and a TEAR fee per vehicle, which fee shall not be refundable.

(4) The registrant to whom the TEAR has been issued must submit all required documents and fees indicated on the invoice to the International Registration Bureau of the department within 30 days from the date the TEAR was processed. Upon receipt of proper documentation and fees, the transaction processing will be completed and the appropriate IRP documents will be produced by the department and mailed to the registrant. Failure of the registrant to submit required documentation and fees within that 30-day period will result in suspension of the registration of all vehicles for any fleet registered in its name and may result in the inability of that registrant to obtain TEARs in the future for any vehicle registered in its name.

(c) TEAR document and its use.

(1) A TEAR issued by the department shall be a computer- generated and electronically transmitted document.

(2) A TEAR issued by the department shall be valid for use in accordance with its terms without further IRP items for that vehicle (i.e., cab card and/or number plate/sticker). A TEAR issued by any other IRP jurisdiction which TEAR specifically provides for operation in this State shall be valid for operation in this State in accordance with the terms contained on such TEAR.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 28.5