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ARTICLE 3 - New York Vehicle and Traffic Law
EXEMPTION OF NON-RESIDENT OWNERS AND OPERATORS
Section 250. Exemption of non-resident owners and operators.
251. Exemption for members of the armed forces and their dependents.
252. Exemption of certain in-transit vehicle registrations.
253. Service of summons on non-residents.
254. Service of summons on residents who depart from state and
on residents' executors or administrators who are
nonresidents or who depart from state.
§ 250. Exemption of non-resident owners and operators. 1. Except as
otherwise provided in subdivision three of this section, the provisions
of this chapter relative to the registration and equipment of motor
vehicles, motorcycles and trailers and the display of registration
numbers shall not apply to a motor vehicle, motorcycle or trailer owned
by a non-resident of this state, provided that the owner thereof shall
have complied with the provisions of the law of the foreign country,
state, territory or federal district of his residence relative to
registration and equipment of such motor vehicle, motorcycle or trailer,
as the case may be, and the display of registration numbers thereon, and
shall conspicuously display his registration numbers as required
thereby. However, except for a vehicle owned by a person who has
obtained a waiver pursuant to the provisions of paragraph b of
subdivision three of this section, with respect to such vehicle, the
provisions of this subdivision shall be operative as to a motor vehicle,
motorcycle or trailer owned by a non-resident of this state only to the
extent that under the laws of the foreign country, state, territory or
federal district of his residence like exemptions and privileges are
granted to motor vehicles, motorcycles and trailers duly registered
under the laws of and owned by residents of this state. A person, firm,
association or corporation having a place of business in a foreign
country, state, territory or federal district and owning a motor
vehicle, motorcycle or trailer used in connection with and garaged at
such place of business which such owner is compelled to register in such
foreign jurisdiction shall be deemed a resident of such foreign
jurisdiction and a non-resident of this state within the meaning of this
subdivision for the purpose of enjoying the privileges of this
subdivision with respect to such vehicle.
In case a non-resident becomes a resident of this state, he shall be
entitled for a period not exceeding thirty days from the date he becomes
a resident to the same exemption from registering his vehicles in this
state as he would have enjoyed had he remained a non-resident.
2. A person of the age of sixteen years and upwards who shall be a
nonresident of this state, and a resident of a state, territory, federal
district or foreign country having laws, with which such person has
complied, which require such person, in order to operate a motor vehicle
or motorcycle therein, to be licensed, may operate or drive a motor
vehicle or motorcycle on the public highways of this state without being
so licensed under this chapter, provided, however, that the recognition
granted under this subdivision shall, with respect to a person under the
age of eighteen years, only permit the operation of a motor vehicle or
motorcycle in this state in accordance with the same restrictions
imposed upon New York residents operating or driving motor vehicles or
motorcycles with class DJ or MJ licenses under subdivision three of
section five hundred one of this chapter. A nonresident entitled to
operate a motor vehicle or motorcycle as herein provided who shall
become a resident of this state may operate or drive a motor vehicle or
motorcycle on the public highways of this state for a period not
exceeding thirty days from the date he becomes a resident pending the
obtaining of a license to operate such motor vehicle or motorcycle in
this state. The exemption granted in this subdivision shall not apply to
persons whose privilege of operating a motor vehicle in this state, or
whose former license to drive in this state, has been suspended or
revoked, until such suspension or revocation has been terminated or
privilege of operating a motor vehicle restored.
3. (a) The exemptions provided in subdivisions one and four of this
section shall not apply to a motor vehicle, motorcycle or trailer, other
than a semitrailer drawn by a tractor registered in this state which is
operated on any public highway of this state to transport persons or
property for hire or profit from one point in this state to another
point in this state or which is operated in doing any work performed
under a contract for a public improvement to which the state, a
municipal corporation, a school district or a commission appointed
pursuant to law is a party, except to transport machinery, tools or
other plant equipment to be used in the performance of such a contract;
provided, however, that the mere makeup or breakup of a tandem trailer
combination on the New York state thruway shall not, with respect to the
tractor hauling such tandem trailer combination, constitute, in and of
itself, a point in this state for the purpose of determining whether
there has been a transportation of property for hire or profit from one
point in this state to another point in this state; provided, further,
however, that the transportation by any tractor not registered in the
state of New York of a trailer carrying property for profit, placed
thereon within this state and consigned for delivery herein, shall be
prohibited.
(b) The commissioner may, in his discretion, waive the provisions of
this subdivision with respect to any motor vehicle, motorcycle, trailer
or semitrailer, duly registered in another state, territory, federal
district or foreign country, provided that the owner thereof has
registered annually in this state a number of vehicles equal to or in
excess of the average number of vehicles said owner will have available
annually in this state for hire or operation therein. The commissioner
is hereby authorized and empowered to adopt and amend rules and
regulations to effectuate the provisions of this paragraph. Such
regulations may include a requirement that the owner file annually and
at such time and in such manner as shall be prescribed by the
commissioner, a sworn statement including, but not limited to the
following information: (1) the owner's total number of motor vehicles,
motorcycles, trailers and/or semitrailers registered in Canada and the
United States; (2) the owner's total annual registration of such
vehicles in this state; and (3) the total number of such vehicles which
are rented, leased or used in this state for the preceding twelve month
period or in the absence of any past experience, the total anticipated
number of such vehicles that will be rented, leased or used in this
state. Nothing herein contained shall be construed as requiring the
granting of the waiver authorized by this paragraph.
(c) The provisions of paragraph (a) of this subdivision, insofar as
they require display of number plates issued by the commissioner, shall
not apply to any motor vehicle, other than a bus, which is duly
registered in another state and displays registration and number plates
as required by that state, which registration and number plates permit
the transportation of persons for-hire within that state, provided the
registrant has been issued a registration for such motor vehicle by the
commissioner, has paid the appropriate annual fee as provided in
schedule C of subdivision seven of section four hundred one of this
chapter and displays proof of such registration on such vehicle in
accordance with regulations promulgated by the commissioner.
Notwithstanding any other provision of this chapter, the commissioner
need not issue number plates to the registrant when issuing a
registration intended to secure the authorization for operation within
this state as provided by this paragraph.
4. a. The provisions of this chapter relative to the registration of
motor vehicles, motorcycles and trailers and the display of registration
numbers shall not apply to a motor vehicle, motorcycle or trailer owned
by a non-resident of the state who is a seasonal farm laborer, for a
period extending from the first day of April to and including the
thirtieth day of November in each year, provided that the owner thereof
shall have complied with the provisions of the law of the foreign
country, state, territory or federal district of his residence relative
to registration of such motor vehicle, motorcycle or trailer, as the
case may be, and the display of registration numbers thereof, and
provided further that the owner thereof shall furnish proof to the
commissioner that such owner has in effect with respect to such motor
vehicle an automobile liability policy issued by an insurance company
authorized to do business in this state or by an unauthorized insurer
authorized to transact business in the jurisdiction of his residence in
at least the amount of twenty-five thousand dollars because of bodily
injury to or fifty thousand dollars because of death of one person in
any one accident and, subject to said limit for one person, in at least
the amount of fifty thousand dollars because of bodily injury to or one
hundred thousand dollars because of death of two or more persons in any
accident, and in at least the amount of ten thousand dollars because of
injury to or destruction of property of others in any one accident.
b. Upon filing of such proof of financial security, the commissioner
shall issue to the owner of said motor vehicle, motorcycle or trailer,
upon payment of a fee of two dollars, a certificate, which certificate
shall be affixed to a prominent place on the interior of said motor
vehicle, motorcycle or trailer, and shall bear the following
information: (1) name and address of the owner of said motor vehicle,
motorcycle or trailer, (2) make and year of said motor vehicle,
motorcycle or trailer, (3) state of registration and registration number
thereof, (4) date of expiration of the exemption period provided in this
subdivision and (5) such other information as the commissioner may
direct.
c. The exemption provided in this subdivision shall in no way affect
the non-resident status of the owner of said motor vehicle, motorcycle
or trailer and he shall be subject to the provisions of all other laws,
rules, codes and regulations with respect to the ownership and/or
operation by a non-resident of a motor vehicle, motorcycle or trailer in
this state. However, all said motor vehicles, motorcycles and trailers
shall be subject to the provisions of article five of this chapter in
the same manner as if they are registered in this state.
d. A non-resident of the state who is a seasonal farm laborer shall be
entitled to a period not exceeding thirty days from the date of his
entrance into the state within which to file proof of financial security
and pay the fee required and secure the certificate authorized in
paragraph b of subdivision four of this section, provided, however, that
the limitations contained in subdivision three of this section shall be
applicable until such time as the certificate authorized in paragraph b
of this subdivision is obtained.
5. As used in this section, the term "resident" shall mean
domiciliary, that is, one who lives in this state with the intention of
making it a fixed and permanent abode. It shall be presumptive evidence
that a person who maintains a place of abode in this state for a period
of at least ninety days is a resident of this state.
§ 251. Exemption for members of the armed forces and their dependents.
1. The provisions of this chapter relative to the registration of motor
vehicles and motorcycles and the display of number plates shall not
apply to motor vehicles or motorcycles having registrations and
displaying plates issued by the armed forces of the United States for
vehicles owned by members of the armed forces or their dependents, but
such exemption shall be valid only for a period of forty-five days after
the owner thereof has entered this state for the purpose of traveling to
either his place of residence or a point of military duty.
2. A member of the armed forces who has been issued a license to
operate a motor vehicle or motorcycle by the armed forces of the United
States may operate a motor vehicle or motorcycle on the public highways
of this state without being licensed under this chapter for a period of
sixty days after such person has entered this state.
3. The provisions of this chapter relative to the registration and
equipment of motor vehilces, motorcycles and trailers and the display of
registration numbers shall not apply to motor vehicles, motorcycles or
trailers owned by members of the armed forces or their dependents who
are non-residents of this state, provided that the owner thereof shall
have complied with the provisions of the law of the foreign country,
state, territory or federal district of his residence relative to
registration and equipment of such motor vehicles, motorcycles or
trailers, as the case may be, and the display of registration numbers
thereon, and shall conspicuously display his registration numbers as
required thereby.
4. For the purposes of this section "member of the armed forces" shall
mean a person on active duty, other than annual active duty for
training, in a branch of the armed forces of the United States or a
person who has been discharged from such active duty within the
preceding sixty days, and "dependent" shall mean a spouse or child of a
member of the armed forces or other person residing in the same
household and dependent upon such member of the armed forces for
support.
§ 252. Exemption of certain in-transit vehicle registrations. The
provisions of this chapter relative to the registration of motor
vehicles and motorcycles and the display of number plates shall not
apply to motor vehicles or motorcycles having a temporary in-transit or
transporter registration or permit issued by another state directly to
the purchaser of such motor vehicle or motorcycle, but such exemption
shall be valid until the expiration date appearing on such registration
or permit or for a period of thirty days from the date of issuance of
such registration or permit, whichever is less, for the purpose of
transporting the vehicle to the jurisdiction in which it will be
regularly registered.
§ 253. Service of summons on non-residents. 1. The use or operation by
a non-resident of a vehicle in this state, or the use or operation in
this state of a vehicle in the business of a non-resident, or the use or
operation in this state of a vehicle owned by a non-resident if so used
or operated with his permission, express or implied, shall be deemed
equivalent to an appointment by such non-resident of the secretary of
state to be his true and lawful attorney upon whom may be served the
summons in any action against him, growing out of any accident or
collision in which such non-resident may be involved while using or
operating such vehicle in this state or in which such vehicle may be
involved while being used or operated in this state in the business of
such non-resident or with the permission, express or implied, of such
non-resident owner; and such use or operation shall be deemed a
signification of his agreement that any such summons against him which
is so served shall be of the same legal force and validity as if served
on him personally within the state and within the territorial
jurisdiction of the court from which the summons issues, and that such
appointment of the secretary of state shall be irrevocable and binding
upon his executor or administrator. Where such non-resident has died
prior to the commencement of an action brought pursuant to this section,
service of process shall be made on the executor or administrator of
such non-resident in the same manner and on the same notice as is
provided in the case of the non-resident himself. Where an action has
been duly commenced under the provisions of this section against a
non-resident who dies thereafter, the court must allow the action to be
continued against his executor or administrator upon motion with such
notice as the court deems proper.
2. A summons in an action described in this section may issue in any
court in the state having jurisdiction of the subject matter and be
served as hereinafter provided. Service of such summons shall be made by
mailing a copy thereof to the secretary of state at his office in the
city of Albany, or by personally delivering a copy thereof to one of his
regularly established offices, with a fee of ten dollars, and such
service shall be sufficient service upon such non-resident provided that
notice of such service and a copy of the summons and complaint are
forthwith sent by or on behalf of the plaintiff to the defendant by
certified mail or registered mail with return receipt requested. The
plaintiff shall file with the clerk of the court in which the action is
pending, or with the judge or justice of such court in case there be no
clerk, an affidavit of compliance herewith, a copy of the summons and
complaint, and either a return receipt purporting to be signed by the
defendant or a person qualified to receive his certified mail or
registered mail, in accordance with the rules and customs of the
post-office department; or, if acceptance was refused by the defendant
or his agent, the original envelope bearing a notation by the postal
authorities that receipt was refused, and an affidavit by or on behalf
of the plaintiff that notice of such mailing and refusal was forthwith
sent to the defendant by ordinary mail; or, if the registered or
certified letter was returned to the post office unclaimed, the original
envelope bearing a notation by the postal authorities of such mailing
and return, an affidavit by or on behalf of the plaintiff that the
summons was posted again by ordinary mail and proof of mailing
certificate of ordinary mail. Where the summons is mailed to a foreign
country, other official proof of the delivery of the mail may be filed
in case the post-office department is unable to obtain such a return
receipt. The foregoing papers shall be filed within thirty days after
the return receipt or other official proof of delivery or the original
envelope bearing a notation of refusal, as the case may be, is received
by the plaintiff. Service of process shall be complete when such papers
are filed. The return receipt or other official proof of delivery shall
constitute presumptive evidence that the summons mailed was received by
the defendant or a person qualified to receive his certified mail or
registered mail; and the notation of refusal shall constitute
presumptive evidence that the refusal was by the defendant or his agent.
Service of such summons also may be made by mailing a copy thereof to
the secretary of state at his office in the city of Albany, or by
personally delivering a copy thereof to one of his regularly established
offices, with a fee of ten dollars, and by delivering a duplicate copy
thereof with the complaint annexed thereto, to the defendant personally
without the state by a resident or citizen of the state of New York or a
sheriff, under-sheriff, deputy-sheriff or constable of the county or
other political subdivision in which the personal service is made, or an
officer authorized by the laws of this state, to take acknowledgements
of deeds to be recorded in this state, or an attorney and/or counselor
at law, solicitor, advocate or barrister duly qualified to practice in
the state or country where such service is made, or by a United States
marshall or deputy United States marshall. Proof of personal service
without the state shall be filed with the clerk of the court in which
the action is pending within thirty days after such service. Personal
service without the state is complete when proof thereof is filed. The
court in which the action is pending may order such extensions as may be
necessary to afford the defendant reasonable opportunity to defend the
action.
3. As used in this section, the term "vehicle" means a "motor
vehicle," "motorcycle," "semitrailer," and "trailer" as defined in
sections one hundred twenty-five, one hundred twenty-three, one hundred
forty-three and one hundred fifty-six, respectively, of this chapter,
whether or not such vehicles are used or operated upon a public highway.
§ 254. Service of summons on residents who depart from state and on
residents' executors or administrators who are nonresidents or who
depart from state. The provisions of section two hundred fifty-three of
this chapter shall also apply (a) to a resident who departs from the
state subsequent to the accident or collision and remains absent
therefrom for thirty days continuously, whether such absence is intended
to be temporary or permanent, and to any executor or administrator of
such resident, and (b) to an executor or administrator of a resident if
such executor or administrator is a nonresident or if, being a resident,
he departs from the state and remains absent therefrom for thirty days
continuously, whether such absence is intended to be temporary or
permanent.