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Article 3 - NY Vehicle and Traffic Law

EXEMPTION OF NON-RESIDENT OWNERS AND OPERATORS Section Description 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.

S 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. S 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 vehicles, 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. S 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. S 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. S 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. Top of Page