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S 2220. Jurisdiction of department. The registration of snowmobiles shall be under the jurisdiction of the department. S 2221. Definitions. For the purposes of this article, the following terms shall have the following meanings. 1. Snowmobile. Any self-propelled vehicle designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats. 2. Cowling. The forward portion of the snowmobile usually surrounding the motor and clutch assembly. 3. Dealer. Any person engaged in the business of selling snowmobiles at wholesale or retail. S 2222. Registration. 1. Except as hereinafter provided, no person shall operate any snowmobile within the state unless such snowmobile has been registered and numbered in accordance with the provisions of this article, and the registration number for such snowmobile is in full force and effect and displayed as hereinafter provided. 2. The commissioner is authorized to register a snowmobile, issue a registration certificate and assign a registration number to such snowmobile. All such registrations shall be valid until the thirty-first day of August following the date of such registration; except that registrations issued between the first day of April and the thirty-first day of August, inclusive, shall be valid until the thirty-first day of August in the following year; and unless, prior to expiration of the period of registration, it is surrendered, cancelled, revoked or suspended pursuant to the provisions of this article. 3. A number once assigned under this section shall remain with the registered snowmobile until the snowmobile is destroyed, abandoned or permanently removed from the state, or until changed or terminated by the commissioner. 4. Fees. Fees for registration of snowmobiles, to be collected by the commissioner under this article, are as follows: (a) A fee of ten dollars for each individual resident registration. (b) A fee of ten dollars for each individual nonresident registration. (c) A fee of fifty dollars for each two-year dealer registration. (d) A fee of five dollars for each additional dealer demonstrator registration number. (e) A fee of one dollar for replacement of a lost, mutilated or destroyed certificate. 4-a. Additional fee. In addition to the other fees provided for in paragraphs (a), (b) and (c) of subdivision four of this section the commissioner shall, upon application in such cases for the registration of a snowmobile or the renewal thereof, collect the annual ninety dollar fee for residents and ninety dollar fee for nonresidents and a thirty-five dollar fee for residents and thirty-five dollar fee for nonresidents who provide proof, at the time of registration, that such individual is a member of an organized New York state snowmobile club that is a member of the New York state snowmobile association or is a member of an organized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association which are imposed by section 21.07 of the parks, recreation and historic preservation law. In the event that an individual seeking snowmobile club membership is unable, for any reason, to secure such club membership, he or she may contact the New York state snowmobile association, who shall secure such membership for such person. This fee shall also be collected from dealers at the time of original registration and at the time of each renewal. The commissioner shall effectuate regulations regarding what is required as proof of membership in an organized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association for the purposes of this subdivision. 5. Application. The owner of each snowmobile requiring registration under this section shall present an application for registration to the commissioner, on a blank to be prepared and furnished by the commissioner for that purpose. Such application shall contain or be accompanied by such evidence of the ownership of the snowmobile described in the application as may be required by the commissioner. 6. Dealers. Any person who is a dealer shall register as a dealer. The commissioner, upon receipt of an application and the required fee, shall assign a distinctive dealer registration number to the registrant and issue an appropriate registration certificate to him and assign two dealer demonstrator registration numbers and upon the payment of the appropriate fee, such additional numbers as shall be requested. Dealer registrations and dealer demonstrator registration numbers shall not be transferable. 7. Renewal. After payment of the registration fees as provided in subdivisions four and four-a of this section, every owner of a snowmobile shall renew his or her registration annually on or before September first of each year and every dealer shall renew his or her registration biennially in such form and manner as the commissioner shall prescribe. If a dealer registration is issued for a period of more or less than two years, the fee for such registration shall be prorated on a monthly basis. 8. The validating date tag. At the time of the original registration and at the time of each annual renewal thereof, the commissioner shall also issue to said registrant a date tag or tags indicating the validity of the current registration and the expiration date thereof, which validating date tag or tags should be affixed to the snowmobile in such manner as the commissioner may prescribe. Notwithstanding the fact that a snowmobile has been assigned an identifying number, it shall not be considered as validly registered within the meaning of this section unless a validating date tag and current registration certificate have been issued. 9. Denial of current registration. In the event that a snowmobile sought to be registered or re-registered does not, after inspection and testing, comply with the provisions respecting equipment established by section 25.17 of the parks and recreation law or by the regulations of the commissioner promulgated pursuant to this title, the commissioner may deny the issuance of a validating date tag and current certificate of registration. 10. Snowmobiles owned by governmental agencies. A registration number shall be assigned, without payment of a fee, for snowmobiles owned by governmental agencies, or by volunteer organizations if used exclusively for emergency purposes, provided that each such snowmobile shall display the proper registration number assigned to it. 11. Exemption. No registrations shall be required for the following described snowmobiles: (a) Snowmobiles owned and used by the United States. (b) Snowmobiles covered by a valid registration or license of another state, province or country, as provided in subdivision twelve of this section. (c) Snowmobiles operated on lands owned by the owner of such snowmobile, or on lands to which such owner has a contractual right other than as a member of a club or association provided (i) the snowmobile is not operated elsewhere within the state, and (ii) no consideration, either direct or indirect, is paid to the owner of the snowmobile with respect to such operation. 12. Out of state snowmobile registration. The registration provisions of this article shall apply to non-resident owners of snowmobiles used in New York state as provided for by the commissioner except when their snowmobile is used on trails which proceed along a New York state border and which, occasionally as dictated by the terrain, cross into another state, in which such snowmobile is registered; such cross border trails on which nonresident owned snowmobiles may proceed without New York state registration shall be designated by the state commissioner of the office of parks, recreation and historic preservation as provided in section 25.04 of the parks, recreation and historic preservation law and he shall publish such trail designation in the New York state register and other publications accessible to the snowmobiling public. Such non-resident registration applications shall be made available at the place of business of all registered dealers and by mail from the department. Nothing in this subdivision shall be construed to authorize the operation of any snowmobile contrary to the provisions of this article. 13. State aid. The Lake George park commission shall be entitled to receive state aid in an amount relating to the percentage of fees collected under this section that can be estimated to be attributed to snowmobile use within the Lake George park. The amount of such aid shall be annually determined by the commissioner of parks, recreation and historic preservation and the director of the budget. 14. Registration at time of sale. Snowmobiles sold by dealers shall be registered at the time of sale of such snowmobile. Such registration shall be valid until the thirty-first day of August following the date of such sale; provided however that snowmobiles sold after April first of each year shall be issued a registration valid until the thirty-first day of August in the year following that in which the snowmobile is sold. Snowmobiles purchased to be used in accordance with paragraph (c) of subdivision eleven of this section or for use exclusively outside of the state of New York shall not require registration at the time of purchase, and the purchaser of such snowmobile shall sign a declaration, provided by the dealer, which shall state that such purchaser understands the conditions under which a snowmobile must be registered and the penalty for violation of such registration provisions; the form of such declaration shall be provided by the commissioner to each dealer and shall be forwarded to the commissioner. S 2223. Display of registration numbers. 1. The registration numbers assigned to a snowmobile shall be displayed on the vehicle at all times in such manner as the commissioner may, by regulation, prescribe. No number other than the number assigned to a snowmobile by the commissioner or the identification number of the registration in another state should be painted, attached or otherwise displayed on either side of the cowling, except that racing numbers on a snowmobile being operated in special events, approved by the commissioner of parks and recreation, may be temporarily displayed for the duration of the race. 2. Dealer demonstrator registration numbers shall conform to the requirements set forth in subdivision one of this section with the exception that the numbers assigned may be printed upon or attached to a removable plaque or plaques to be temporarily but firmly affixed to the snowmobile being demonstrated or tested. 3. Numbers issued to dealers and manufacturers for the purpose of demonstration or testing shall be used exclusively for these purposes and no other use is permitted. S 2224. Registration record. Upon receipt of a sufficient application for registration of a snowmobile, as provided in this article, the commissioner shall enter upon the records of the department the registration of such vehicle under the distinctive number assigned to such snowmobile as provided in this article. S 2225. Certificate of registration. 1. Certificate. Upon the filing of the application and payment of the fee as provided in this article, the commissioner shall assign to such snowmobile a distinctive number, and, without further expense to the applicant, issue a certificate of registration, in such manner and form as the commissioner shall prescribe. In the event of the loss, mutilation or destruction of any certificate of registration, the owner of the registered snowmobile may file such statement and proof of the facts as the commissioner shall require with a fee of one dollar, with the department, for the issuance of a duplicate or substitute. 2. Carrying certificate. Every person operating a snowmobile registered in accordance with any of the provisions of this article shall, upon demand of any magistrate, police officer or peace officer, when acting pursuant to his special duties, produce for inspection the certificate of registration for such snowmobile and shall furnish to such person any information necessary for the identification of such snowmobile and its owner. The failure to produce the certificate of registration as provided herein shall not be an offense, but shall be presumptive evidence of operating a snowmobile which is not registered as required by this article. 3. Change of residence. It shall be the duty of every owner holding a certificate of registration to notify the department, in writing, of any change of residence of such owner within fifteen days after such change occurs, and to inscribe on such certificate, in the place provided a record of such change of residence. 4. Change of ownership. Whenever a snowmobile is transferred or its use discontinued, the registration portion of the certificate of registration shall be properly signed and executed by the owner showing that the ownership of the snowmobile has been transferred or its use discontinued and such certificate shall be returned to the department within fifteen days after such transfer or discontinuance. In the case of transfer, the new owner shall apply for a new certificate by completing an application for registration, using the original number issued for such snowmobile. Such application shall be submitted to the department together with the renewal or transfer of the old certificate of registration, properly signed by the previous owner, and the required fee of five dollars. The renewal or transfer of the old certificate of registration, properly signed by the previous owner, shall constitute a temporary registration for such new owner for a period determined by the commissioner from the date such snowmobile was transferred to the new owner. In the event that such snowmobile was purchased from a registered dealer, the application must be accompanied by a dealer's form, numbered, completed and signed by the dealer or his agent and signed by the new owner, as prescribed by the commissioner. 5. Destruction, theft or removal from state. It shall be the duty of every owner of a snowmobile registered pursuant to the provisions of this article to notify the department, in writing, of the destruction, theft or permanent removal of such snowmobile from the state, within fifteen days of acquiring knowledge thereof. In the event of destruction or theft, the certificate of registration shall be surrendered with such notice. S 2226. Licensing by municipalities. No municipality shall require licensing or registration of snowmobiles which are covered by the provisions of this article; nor shall it require possession of a valid motor vehicle operator's license as a condition for the operation of a snowmobile on lands owned or controlled by such municipality. Nothing herein shall prohibit the requirement of a permit by the agency having jurisdiction over any state or local park for use of snowmobiles on such park lands. No charge for such use may be made, except the usual charge, if any, for admission to such park, parking privileges or services provided. S 2227. Rules and regulations. The commissioner shall make such rules and regulations as he may deem necessary to carry out the provisions of this article. S 2228. Special events. Snowmobiles operated at special events approved by the commissioner of parks and recreation pursuant to section 25.11 of parks and recreation law shall be exempt from the provisions of this article concerning registration. S 2229. Snowmobile, not a motor vehicle. Notwithstanding its limited use on highways, a snowmobile shall not be determined a motor vehicle within the meaning of section one hundred twenty-five of this chapter or any other successor statutes. S 2230. Suspension and revocation of registrations; offenses; penalties. 1. The commissioner may suspend or revoke a registration issued pursuant to the provisions of this article, upon satisfactory proof of a violation of any provision of this article, or of the parks, recreation and historic preservation law at the request of the commissioner of parks, recreation and historic preservation, or of any rule, regulation, order, local law or ordinance adopted or promulgated pursuant thereto. Such suspension or revocation shall be issued only after a hearing unless such a hearing is waived by the registrant. Upon said suspension or revocation, all rights and privileges accruing to such registrant shall terminate. 2. Any person who violates any provision of this article or regulation adopted pursuant thereto shall be guilty of a violation punishable by a fine of two hundred dollars, and one-half of such fine shall be deposited in the snowmobile trail development and maintenance fund as set forth in section 21.07 of the parks, recreation and historic preservation law. S 2231. Disposition of fees. The commissioner shall deposit all monies received by him from the registration of snowmobiles and other services provided by the department and all fees otherwise collected by him under this article to the credit of the general fund except that additional fees imposed by section 21.07 of the parks, recreation and historic preservation law received by the commissioner pursuant to section two thousand two hundred twenty-two of this chapter shall be deposited to the credit of the snowmobile trail development and maintenance fund and that monies allocated to the Lake George park commission shall be deposited to the credit of the Lake George park trust fund pursuant to section ninety-seven-h of the state finance law. Top of Page
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