Point-of-Sales Registration Now Required in New York
UPDATE 11/21/05:
NYS DMV has now released the details on the POS ATV Registration program.
Dealers may now order temporary registration certificates from DMV.
Established, registered dealers may apply to stock ATV plates.
Links to program forms:
PD-3 Request for MV53 Temporary Registration forms
MV-463 Application to stock ATV plates (registered dealers only)
MV-464L Order form to obtain plates (must be accepted in stocking dealer plate program)
Registration Exemption forms are 3-part and only available on paper from DMV, contact your local DMV office.
From the original notice dated April 5, 2005:
- DMV dealer program in development, otherwise requires Dealers to visit DMV offices
- Applies to all ATVs including off-highway motorcycles, MX exemption overlooked in the law (DMV said to be incorporating the exceptions administratively)
- POSR requirement effective April 1, 2005
- - - FOR IMMEDIATE DISTRIBUTION TO ALL ATV/OHM DEALERS IN NY - - -
ALBANY, NY — With the passage of legislation to re-establish an ATV Trail Fund, the State Budget included a surprise for Dealers of ATVs and trailbikes— a new requirement to register any such vehicle before the machine leaves the dealership.
POS registration of "ATVs" is the Law of NYS effective April 1, 2005. (An ATV registration fee increase, from $10 to $25 to fund the Trail Fund, will be subsequently effective June 29th. [Click here for more information on Trail Fund.]) Immediate effectiveness of POSR, no implementation language in the Law, and no policy precedent, gives the NYSDMV no guidance on how to establish a program that requires a special form for exemptions, nor is a stocking plate program addressed.
DMV has requested NYSORVA’s help in spreading the word to dealers and industry contacts. They will produce a mailing to Registered Motorcycle Repair Shops and a general press release to news agencies, while they develop the working details of the POSR program.
In the absence of a stocking plate program, the only option for response of the dealers is — like many dealers already do — to go to the local DMV and process the registration transaction on behalf of the customer.
The glaring error in the POSR law, which has been reported to the Legislature and DMV policy officials is the matter of Registration Exemptions: The law ignores agriculture/plowing and competition exemptions resident in the existing V&T law as valid grounds for allowing a machine out the door without an ATV plate. This problem will confront your MX and hair scramble customers (quad and bike) and farmers too. (Recall that in NY, MX and other types off-road motorcycles are ATVs by legal definition - unless such bike has a highway plate, then it is a "motorcycle" under NYS V&T.) We have no information on whether there is a punitive response for dealers’ failing to comply with this new POSR requirement.
Enactment details on the POSR law, and the trail fund law can be read under Part D of Budget Bill S.3669/A.6843.
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This notice was provided as a service to the OHV Community by Team NYSORVA.