2006 New York Code - Exclusions.



 
    § 2102. Exclusions. (a) The following are excluded from the provisions
  of this title:
    (1)  A  vehicle  owned by the United States unless it is registered in
  this state;
    (2) A vehicle owned by a manufacturer or dealer  and  held  for  sale,
  even  though  incidentally  moved on the highway or used for purposes of
  testing or demonstration; or a vehicle used by a manufacturer solely for
  testing  other  than:  (i)  a  vehicle  registered  by   a   dealer   or
  manufacturer,  or  (ii)  a  vehicle  for which a physical examination is
  required under section four hundred thirty  of  this  chapter  before  a
  certificate  of title may be issued, or (iii) a vehicle held for sale by
  a dealer which was purchased by the dealer as  a  result  of  sale  upon
  repossession  or  a sale by a sheriff or marshall to satisfy a judgment,
  or (iv) a vehicle held for sale by a dealer for which a  certificate  of
  title  containing  an error attributable to processing by the department
  has been issued, or (v) a vehicle held for sale by a  dealer  for  which
  ordinarily  acceptable  proof  of  ownership  cannot  be obtained by the
  dealer with reasonable diligence but for which a  certificate  of  title
  would  ordinarily  be  issued  upon  the  filing  of  a  bond  with  the
  commissioner as prescribed in  subdivision  (d)  of  section  twenty-one
  hundred five of this article, or (vi) a vehicle for which a manufacturer
  or   dealer  has  submitted  a  notice  of  repurchase  as  required  by
  subdivision two of section four hundred seventeen-a of this chapter  and
  regulations  of  the commissioner, or (vii) a vehicle held for sale by a
  dealer which was purchased by a dealer as the result  of  a  sale  by  a
  police  department,  or (viii) a vehicle held for sale by a dealer which
  was purchased by a dealer as the result of a sale by the  United  States
  government;
    (3)  A  vehicle owned by a non-resident of this state and not required
  by law to  be  registered  in  this  state  provided,  however,  that  a
  certificate  of title may be issued to such a non-resident for a vehicle
  purchased by or transferred to such non-resident as a result of  a  sale
  after  repossession,  or  a  sale  by a sheriff or marshall to satisfy a
  judgement, or a sale to foreclose a garageman's lien, provided such sale
  was held in this state, or a result of the settlement of an estate of  a
  deceased  if  such  settlement  is  pursuant  to the estates, powers and
  trusts law of this state or a sale by a police department, provided such
  sale was held in this state;
    (4) A vehicle regularly engaged in the  interstate  transportation  of
  persons or property for which a currently effective certificate of title
  has been issued in another state;
    (5) A vehicle moved solely by animal power;
    (6) An implement of husbandry;
    (7) Special mobile equipment;
    (8)  A  self-propelled  wheel chair or an adapted tricycle operated or
  driven by a person with a disability;
    (9) A pole trailer or a trailer with an unladen weight  of  less  than
  one thousand pounds;
    (10)  A  vehicle  manufactured  prior  to July first, nineteen hundred
  seventy-two and designated by  the  manufacturer  as  being  a  nineteen
  hundred  seventy-two  or  earlier  model  year  vehicle, and any vehicle
  manufactured or assembled  prior  to  January  first,  nineteen  hundred
  seventy-three for which the manufacturer or assembler has not designated
  a model year;
    (11) Snowmobiles, off-highway motorcycles and limited use motorcycles;
    (12)  A motor vehicle set off to a surviving spouse or surviving minor
  child pursuant to section 5-3.1 of the estates, powers  and  trusts  law
  until  an application for registration is made by such survivor or until
  after the survivor transfers the vehicle, in which case  the  transferee
  must apply for a certificate of title;
    (13) A vessel not required to be registered in this state and which is
  not registered in this state;
    (14)  A  vessel  designated  by  the  manufacturer as being a nineteen
  hundred  eighty-six  or  earlier  model  year  vessel  and  any   vessel
  manufactured  or  assembled  prior  to  August  first,  nineteen hundred
  eighty-six for which the manufacturer or assembler has not designated  a
  model year;
    (15)  Any  vessel  having a valid marine document issued by the United
  States or a foreign government;
    (16) Any vessel under fourteen feet in length;
    (17) A vehicle owned or leased by the state of New York and  regularly
  utilized  or  intended  to be utilized for undisclosed or undercover law
  enforcement purposes;
    (18) A vehicle owned by a non-resident  of  this  state  for  which  a
  currently  effective  certificate  of  title  has been issued in another
  state and which is leased to a resident  of,  and  registered  in,  this
  state.
    (19)  A mobile home or a manufactured home, manufactured prior to July
  first, nineteen hundred ninety-four and designated by  the  manufacturer
  as  being  a  nineteen  hundred ninety-four or earlier model year mobile
  home or manufactured home, and any  mobile  home  or  manufactured  home
  manufactured  or  assembled  prior  to  January  first, nineteen hundred
  ninety-four for which the manufacturer has not designated a model year.
    (c) A person engaged in the business of selling vehicles who does  not
  place  such  vehicles in his own consumer use and who is not required to
  be registered as a dealer under section four  hundred  fifteen  of  this
  chapter,  shall not be deemed a dealer with respect to such vehicles and
  shall not be required to apply for or receive a certificate of title for
  any such vehicles. A local authority, which acquires title to a  vehicle
  or  vehicles  under the provisions of section twelve hundred twenty-four
  of this chapter, and which does not place such vehicle  or  vehicles  in
  its  own  consumer  use  shall not be required to apply for or receive a
  certificate of title for any such vehicle or vehicles.
    (d) No certificate of title shall be issued to a vehicle excluded from
  the provisions of this article.
    (e) The commissioner may, by regulation, exclude from  the  provisions
  of  this  title  vehicles  designated  by the manufacturer as being of a
  model year more than nine years prior to the current calendar year.  The
  commissioner  may  provide  that  such exclusion shall apply to all such
  vehicles or to any categories or classes of such vehicles.

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