1 public highways a motor vehicle to which any such manufacturer's or dealer's number plates are attached unless the manufacturer or dealer is the owner or entitled to the possession of such vehicle. 3. Registration under this section shall be renewed and new plates procured annually, to take effect on the first day of January of each year. All registrations under this section, including original registrations made after January first of any year, shall expire on the first day of January following the time the registration takes effect. 4. The provisions of this section shall apply to trailers and to manufacturers thereof and dealers therein; and for the purpose of applying such provisions, a trailer shall be deemed to be a motor vehicle. 5. The privileges of this section shall not extend to any motor vehicle owned and operated or driven by a person, firm, association or corporation engaged in the business of manufacturing or of buying and selling motor vehicles if such motor vehicle is so changed in body or equipment as to be other than a passenger vehicle, provided, however, that nothing herein shall be construed to prevent a manufacturer or a person, firm, association or corporation buying and selling trucks or trailers from using such trucks or trailers for the transportation of merchandise in demonstrating such trucks or trailers or for any purpose connected with such business except as a service car or for the delivery of merchandise or for hire. amended. § 2. Section two hundred and eighty-four-a of such chapter, as § 284a last amended by chapter three hundred and sixty of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows: § 284-a. Limited use of dealer's number plates by vendee. Upon the sale of a motor vehicle by a registered dealer, the vendee shall be allowed to operate the same upon the public highways for the period of five days after taking possession thereof, without carrying number plates issued upon a registration under section two hundred and eighty-two, if the motor vehicle shall have attached thereto and displayed thereon, in the manner provided in section two hundred and eighty-three, a set of dealer's number plates issued to such dealer under section two hundred and eightyfour, and if a proper application for registration and number plates for such vehicle, under the provisions of section two hundred and eighty-two, shall have been mailed or presented to the commissioner, or agent, accompanied with payment of the required fee within twenty-four hours after he has taken possession thereof. No person shall operate or drive upon the public highways any motor vehicle on which is fastened or displayed any such dealer's number plates after a sale of such vehicle by the dealer except in compliance with the foregoing provisions. A dealer who sells a motor vehicle shall not deliver to or permit 3 As added by L. 1917, ch. 174. Subsequently amended by L. 1921, chs. 580, 593. 4 Following paragraph materially amended. L. 1909, to be taken by the vendee any such number plates without first mailing to the commissioner a verified statement, upon a blank to be furnished by him in such form as he shall determine. A vendee to whom number plates are delivered or by whom they are held under the provisions of this section shall return the same, and the accompanying registration certificate, to the dealer before the expiration of six days after he took possession of the motor vehicle purchased. If number plates so delivered or held, or such certificate, are not returned within the time above limited, the dealer shall immediately notify the commissioner of that fact by mail, describing the plates according to the general and distinctive numbers and characters thereon. The provisions of this section shall apply also to the sale of a trailer and to the use by the vendee of dealer's number plates on the trailer sold; and for the purpose of applying such provisions a trailer shall be deemed to be a motor vehicle. § 3. This act shall take effect immediately. CHAPTER 314 AN ACT to amend the highway law, in relation to the payment by counties of expenses incident to the issuance of motor vehicle registrations and licenses, making transfers and filing notices by the county clerk. Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly. do enact as follows: Section 1. Section two hundred and eighty-three-a of chapter thirty of the laws of nineteen hundred and nine, entitled “An act relating to highways, constituting chapter twenty-five of the consolidated laws," as added by chapter five hundred and eighty of the laws of nineteen hundred and twenty-one and amended by chapter three hundred and sixty of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows: § 283-a. Issuance of plates by county clerks, as agents of the commissioner; fee for same. The clerk of each county, except the county of Albany or a county wholly included within a city, shall act as the agent of the commissioner in the registration of motor vehicles and issuance of certificates thereof, issuance of number plates for passenger and commercial cars, and unless and until the commissioner shall otherwise direct in any county, in the issuance of chauffeurs' and operators' licenses upon the certification of inspectors and of other plates and badges. Each such agent shall remit to the commissioner at the close of each day all fees collected by him for motor vehicle registrations, license and transfers, except as hereinafter provided, together with a complete record of such registrations and licenses issued and transfers made, by him, during the day. Each county clerk shall retain from the fee for each registration 1 or transfer made, the sum of twenty-five cents, and for each operator's or chauffeur's license issued the sum of ten cents, which sums shall be deducted each day before remitting to the commissioner. He shall also retain the fee of ten cents for filing notices of learners under section two hundred and eighty-two. If his office be not salaried, the sums so deducted and such filing fee for notices of learners shall belong to the county clerk, as compensation for his services under this article, but he shall, from such compensation, pay all freight, cartage and postage, and any extra clerk hire occasioned by such duties. In any county in which such office is a salaried one, the sums so deducted and such filing fee shall belong to the county and be paid monthly into the county treasury, by the clerk, 1and the county shall pay all freight, cartage, postage and any extra clerk hire occasioned by such duties. § 2. This act shall take effect immediately. CHAPTER 315 AN ACT to amend the highway law, in relation to officers and persons authorized to seize license plates on revocation of registration. Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: L. 1909, subd. 1 Section 1. Subdivision one of section two hundred and eighty- 1900 two-b of chapter thirty of the laws of nineteen hundred and nine, § 2826, entitled "An act relating to highways, constituting chapter twenty- amended. five of the consolidated laws," as added by chapter six hundred and twelve of the laws of nineteen hundred and twenty-two and last amended by chapter four hundred and thirteen of the laws of nineteen hundred and twenty-four,2 is hereby amended to read as follows: bonds or policies to tors for 1. Every person, firm, association or corporation engaged in the Indemnity business of carrying or transporting passengers for hire in any insurance motor vehicle, except street cars, and motor vehicles operated be carried under a franchise by a corporation subject to the provisions of the by operapublic service commission law, and motor vehicles owned and hire. operated by a municipality, and except as otherwise provided in this section, which shall be operated over, upon or along any public street or highway of the state of New York shall deposit and file with the commissioner of motor vehicles for each motor vehicle intended to be so operated, either a personal bond, with at least two sureties approved by the commissioner, a corporate surety bond or a policy of insurance in a solvent and responsible company authorized to do business in the state, approved by the commis- Approval. sioner, in the sum of two thousand five hundred dollars, condi- Amount. tioned for the payment of any judgment recovered against such Liability. 1 Remainder of section new. 2 Previously amended by L. 1924, ch. 360. bonds. person, firm, association or corporation for death or for injury to persons or property caused in the operation, maintenance, use or the defective construction of such motor vehicle, provided that such bond or policy may limit the liability of the surety or insurer on any one judgment to twenty-five hundred dollars for bodily injuries or death, and five hundred dollars for damage to or destruction of property, and on all judgments recovered upon claims arising out of the same transaction or transactions connected with the same subject of action to five thousand dollars for bodily injuries or death and one thousand dollars for damages to or destruction of property, to be apportioned ratably among the judgment creditors according to the amount of their respective judgments. Such bond or policy of insurance shall contain a provision for a continuing liability thereunder notwithstanding any recovery thereon. If at Insufficient any time, in the judgment of the commissioner, such bond or policy is not sufficient for any cause the commissioner may require the owner of such motor vehicle to replace such bond or policy Certificate with another approved by the commissioner. Upon the acceptance to owner. of a bond or policy, pursuant to this section, the commissioner shall issue to the owner of such motor vehicle a certificate describing such vehicle and that the owner thereof has filed a bond, or policy, as the case may be, required by this section, which certificate shall be at all times in possession of the operator of such vehicle. Either a personal or corporate surety upon a bond filed pursuant to this section or an insurance company whose policy has been so filed, may file a notice in the office of the commissioner that upon the expiration of twenty days from such filing such surety will cease to be liable upon such bond, or in the case of such insurance company, that upon the expiration of such time such policy New bond will be cancelled. The commissioner shall thereupon notify the owner of such motor vehicle of the filing of such notice, and unless such owner shall file a new bond or policy of an insurance company, as provided by this section, within such time as shall be specified by the commissioner, such owner shall cease to operate or cause such motor vehicle to be operated, in such city, and the registration of such motor vehicle shall be automatically revoked. Return or Forthwith after receiving notice that his registration has been so revoked an operator shall return the license plates issued for such vehicle to the commissioner. Failure to return the same within such period shall constitute a misdemeanor. Any police officer, peace officer, inspector, deputy inspector of the bureau of motor vehicles or any person designated by the commissioner of motor vehicles, shall have power and duty to seize any license plate retained in violation of this section and to arrest any person guilty of such misdemeanor. Power is hereby conferred upon the commissioner to deputize one or more of the employees of his office or to appoint without pay and deputize another on recommendation of the surety or assurer to recover license plates previously issued Cancellation by insurer. required. seizure of license plates. 3 Words " peace officer, inspector, deputy inspector of the bureau of motor vehicles or any person designated by the commissioner of motor vehicles," new. for or in receipt of a motor vehicle in case a notice of cancellation is received as herein provided. Any person so deputized shall have full power and right to seize, take and remove the license plates from any such motor vehicle at and after the expiration of the twenty-day period specified in such notice. § 2. This act shall take effect immediately. CHAPTER 316 AN ACT to amend the highway law, in relation to use of local ordinances as evidence. Became a law April 2, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: added to Section 1. Chapter thirty of the laws of nineteen hundred and 288b nine, entitled "An act relating to highways, constituting chapter L. 1909, twenty-five of the consolidated laws," is hereby amended by add- ch. 30. ing a new section to be section two hundred and eighty-eight-b, to read as follows: § 288-b. Use of local ordinances as evidence. The local authorties of a city or incorporated village may file with the tax commission a certified copy of an ordinance duly adopted and promulgated, fixing the rate of speed within such city or village. Upon the filing of such an ordinance the tax commission shall affix to a duplicate thereof its certificate stating that the original has been duly filed in the office, specifying the date of filing, and such duplicate when so certified shall be presumptive evidence of the due adoption, promulgation and filing of such ordinance. § 2. This act shall take effect immediately. CHAPTER 317 AN ACT to amend the highway law, in relation to powers of municipalities to enforce parking and traffic regulations. Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: §§ 281, amended. Section 1. Section* two hundred and eighty-one and two hundred L. 1909, and eighty-eight of chapter thirty of the laws of nineteen hundred ch.30. and nine, entitled "An act relating to highways, constituting 288 chapter twenty-five of the consolidated laws," as added by chapter three hundred and seventy-four of the laws of nineteen hundred and ten and last amended by chapter three hundred and sixty of the laws of nineteen hundred and twenty-four,1 are hereby amended to read as follows: 66 *So in original. [Should be sections."] 1 Section 281 previously amended by L. 1911, ch. 491; L. 1917, chs. 2, 769; I. 1921, ch. 580; L. 1922, ch. 316. Section 288 previously amended by L. 1915, ch. 487; L. 1916, ch. 579; L. 1917, ch. 769; L. 1921, chs. 132, 580. |
