N.Y. Comp. Codes R. & Regs. tit. 15 § 78.23

Current through Register Vol. 46, No. 25, June 18, 2024

Section 78.23 - Dealer-issued temporary registration-Vehicle and Traffic Law, section 420-a

(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 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.

(b)Distribution of registration number plates to authorized dealers.

(1) Upon approval of an application submitted pursuant to subdivision (a) of this section, a dealer may request a supply of registration number plates on a form provided by the commissioner. Such requests must be addressed to the commissioner at the location designated on the request form, and each such request must be accompanied by a fee of $2 for each set of registration number plates requested.

(2) The commissioner will prescribe the minimum and maximum number of registration number plates which can be requested by a dealer at any one time and the time at which a dealer may submit a request for additional supplies of registration number plates. The number of registration number plates which will be issued to a dealer will be based upon the number of such plates which can reasonably be anticipated to be issued by the dealer during a specific period of time. Number plates will only be issued to a dealer by boxes of plates.

(3) Registration number plates will be delivered by the department to the place of business of the dealer. Upon delivery, the dealer must immediately forward to the commissioner a receipt for the plates delivered.

(4) Boxes of registration number plates should not be opened until the box is to be used. At that time the dealer must examine all registration number plates in the box being opened. The dealer must immediately notify the commissioner of any missing or mutilated plates or sets of plates in that box. Notification should be on the letterhead of the dealer and should be sent to the commissioner at the location given on the request form for such plates. Mutilated plates and the remaining plate of an incomplete set must be returned to the commissioner with the letter.

(c)Temporary certificates of registration.

(1) A retail dealer shall issue a form MV-TCR as the temporary certificate of registration issued pursuant to section 420-a of the Vehicle and Traffic Law and this section.

(2) The MV-TCR shall be completed in the same manner as it would be for issuance pursuant to section 420 of the Vehicle and Traffic Law and section 78.20 of this Part.

(d)Issuance of temporary registrations by dealers.

(1) A dealer may only issue a temporary registration pursuant to this section:

(i) to a retail customer to whom a properly inspected new or certified used vehicle has been sold or transferred by such dealer; and

(ii) for a vehicle which is eligible for registration with a standard series plate (passenger vehicle), a motorcycle plate, a commercial series plate or a trailer plate (tractor plates and special purpose commercial plates are not included); and

(iii) when a certificate of sale (form MV-50) with a matching serial number has been completed.

(2) Before issuing such a registration, the dealer must have physical possession of all documents which are necessary in order to have a registration and certificate of title issued by the department for the vehicle.

(3) The dealer shall exhaust the supply of plates in a series previously issued to him before issuing plates from a supply of plates in that series delivered later. He shall also issue plates within a series within any one delivery made to him in alphanumeric order.

(4) The dealer shall place the appropriate registration number plates on the vehicle in accordance with section 402 or section 411 of the Vehicle and Traffic Law. He shall place the temporary certificate of registration on the inside of the windshield in the lower left-hand corner with the front of the certificate facing out if the motor vehicle has a windshield; and if it does not have a windshield, he shall deliver it to the registrant so that it may be produced to a police officer upon request.

(e)Submission of registration and title application.

(1) Within five calendar days of the date of issuance of the temporary registration, the issuing dealer must submit the completed application for registration and title (including the number of the registration plate issued by the dealer), together with all necessary documents and fees to an issuing office of the department or to a county clerk acting as agent of the commissioner. If submitted to a department issuing office, the completed application must be sent by mail.

(2) The application (form MV-82) and the certificate of sale (form MV-50) shall be completed in the normal manner except that on the MV-50 the dealer shall put the notation "D.T." and the number of the registration plate he has issued in the space titled "plate number of purchaser" and on the application for registration (form MV-82) the dealer shall enter all information called for in section entitled "Only To Be Completed by a Licensed New York State Dealer or DMV Staff" and sign the certification.

(3) If there are any errors in the application for registration, documents or fees submitted, the submitting dealer will be notified and the dealer shall submit corrected material without unnecessary delay.

(f)Issuance of registration.

Upon receipt of proper application, documentation and fee, the department issuing office will mail, or the county clerk will mail or deliver the registration certificate to the registrant.

(g)Records.

(1) A dealer who issues a temporary registration pursuant to this section must keep, at the dealer's place of business, a record of all such registrations issued by him, both by plate number and by name of registrant. Such record must contain all of the information with respect to the registrant and the vehicle which is contained on the application for registration, as well as the date the temporary registration was issued. Such records must be recorded on a daily basis and such information must be available to police enforcement agencies at all times, and to agents of the commissioner during normal business hours.

(2) The dealer shall also keep a record of the date the application for registration was submitted to the commissioner. Such record must be entered by the close of the succeeding business day and must be available to police enforcement agencies and to agents of the commissioner during reasonable business hours.

(3) If any registration number plates are stolen or lost by the dealer, the dealer shall notify the local police agency and the commissioner of such theft or loss. Notification to the commissioner shall be on the letterhead of the dealer and shall be sent to the location on the request form for such plates.

(h)Miscellaneous.

(1) A dealer may not make any charge for the issuance of a temporary registration pursuant to this section in addition to the charge permitted by subdivision (c) of section 78.19 of this Part.

(2) A dealer may not issue a temporary registration pursuant to this section for any vehicle which is eligible for issuance of a temporary certificate of registration pursuant to section 420 of the Vehicle and Traffic Law and section 78.20 of this Part.

(3) Registration number plates issued to a dealer must be kept in a secure location with limited access which, when not being used, must be locked up.

(4) Any violation of section 420-a of the Vehicle and Traffic Law and of this section may result in a denial of approval to issue temporary registrations pursuant to such section and may also result in action being taken against the dealer registration.

(5) No dealer shall transfer, lend or permit the use of registration number plates issued under this section to another dealer or any other person except as specifically permitted by this section.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.23

Amended, New York State Register, Volume XXXVI, Issue 25, effective 6/25/2014