2222 - Registration.

§ 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  andissue  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  registerand  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.