202 - Fees for searches and copies of documents.

§ 202. Fees  for  searches and copies of documents. 1. Except in those  cases in which it is provided by law that no fee shall be  charged,  the  fees  for searching the records of the department of motor vehicles kept  pursuant to the provisions of this chapter and for furnishing copies  of  documents  in  said  department  kept pursuant to the provisions of this  chapter shall be as provided in this section. Provided, however, that no  fee shall be charged any public officer, board or body,  volunteer  fire  company  or  volunteer  ambulance  service,  for  searches  or copies of  documents to be used for a public purpose.    2. Fees for searches of records. * (a) The fee for a search  which  is  made manually by the department shall be ten dollars.    * NB Effective until March 31, 2015    * (a)  The  fee  for a search which is made manually by the department  shall be five dollars.    * NB Effective March 31, 2015    * (b) The fee for a  search  which  is  made  by  direct  entry  by  a  requester who has been approved for such entry by the commissioner shall  be seven dollars.    * NB Effective until March 31, 2015    * (b)  The  fee  for  a  search  which  is  made  by direct entry by a  requester who has been approved for such entry by the commissioner shall  be four dollars.    * NB Effective March 31, 2015    * (c) The fee for a search which is made by  means  of  an  electronic  medium  which has been prepared by a requester who has been approved for  such  service  by  the  commissioner  and  which  is  processed  by  the  department shall be seven dollars.    * NB Effective until March 31, 2015    * (c)  The  fee  for  a search which is made by means of an electronic  medium which has been prepared by a requester who has been approved  for  such  service  by  the  commissioner  and  which  is  processed  by  the  department shall be four dollars.    * NB Effective March 31, 2015    (d) The commissioner may condition approval  for  direct  entry  of  a  request  or  use  of  an  electronic  medium  by  a  requester  upon the  establishment and maintenance of an account with the department  with  a  minimum   balance  established  by  the  commissioner  from  which  fees  chargeable  to  the  requester  shall  be  deducted.  In  addition,  the  commissioner  shall  prescribe the specifications and procedures for use  of electronic media and may establish a minimum and/or a maximum  number  of  searches  which  may  be contained on any one such electronic medium  submission.    (e) For the purposes of this section, a  search  shall  consist  of  a  single  entry of an acceptable identifier for the purpose of obtaining a  specific category of information relating to a person, vehicle or number  plate. The commissioner shall by regulation define such  categories  and  identifiers  acceptable  for  such  categories.  Except  as  provided in  subdivision three of this  section,  a  search  of  the  record  of  the  department  shall include the furnishing of the information disclosed by  such  search,  and  with  respect  to  searches  made  manually  by  the  department, shall include a certification of such record.    3.  Fees  for  copies  of documents. The fees for copies of documents,  other than accident reports, shall be one dollar per page. A page  shall  consist of either a single or double side of any document. The fee for a  copy  of  an  accident  report  shall  be fifteen dollars. All copies of  documents shall be certified at no additional fee.  Whenever  search  of  records  of the department is required in conjunction with a request for  a copy of a document, the fee for such search shall be the fee  providedin  paragraph (a) of subdivision two of this section. The result of such  search will be the locating of the document  to  be  copied,  or  if  no  document  can  be  located,  a  certification to that effect will be the  result of the search.    4.  Registration  lists  and  title  information. (a) The commissioner  shall have discretion to contract with the highest responsible bidder or  bidders to  furnish  the  registration  information  specified  in  this  section   from  the  records  of  all  vehicle  registrations  from  any  registration period, or number of periods not exceeding  five  years  in  the  aggregate,  with  respect  to  a  given territory or information on  titles. In such event, the fees provided by this section shall not apply  to copies of  records  furnished  under  any  such  contract.  Any  such  contract entered into by the commissioner pursuant to this section shall  not  be  for  a  term  of more than two years and shall contain language  prohibiting the successful bidder from assigning the contract  and  from  any  use  or  resale  of the information received which use or resale is  contrary to the public policy of this state or is contrary to the public  morals  or  welfare.  In  addition,  any  such  sale   of   registration  information   shall  be  limited  to  only  that  part  of  the  vehicle  registration records describing the name and address of the owner of the  vehicle and the  make,  model,  year,  weight,  body  style,  number  of  passengers and cylinders, fuel, license number, type of registration and  transaction,  validation  and expiration date and vehicle identification  number of the vehicle.    (b) The commissioner shall notify each  vehicle  registrant  that  the  registration  information specified in paragraph (a) of this subdivision  has been or will be furnished to the contracting party. The commissioner  shall inform each vehicle registrant when such  registrant  first  makes  application  for  a vehicle registration or when such registrant applies  to renew an existing vehicle registration how to achieve the deletion of  such information from the contracting party's file. The contract between  the commissioner and the contracting party shall provide that, upon  the  request  of the registrant made in such manner and in such form as shall  be prescribed by the commissioner, such registration  information  shall  be  deleted  from the contracting party's file for all purposes, except:  (i) issuance  of  manufacturer's  warranty,  safety  recall  or  similar  notices, or (ii) statistical complications.    (c)  Any  material  violation  of  the  terms  of such contract by the  successful bidder not  corrected  or  discontinued  within  thirty  days  following  receipt of notice of such violation will automatically cancel  and void its contract with  the  commissioner  and  disqualify  it  from  bidding for the five successive years following such cancellation.    (d)  Any  contract  authorized by this section shall be subject to the  provisions of article nine of the state finance law.    (e)  The  commissioner  may  from  time  to  time  require  that   the  contracting  party  pursuant  to this section submit written reports, in  form satisfactory to  the  commissioner,  concerning  the  use  of  such  registration or title information.    5.  Miscellaneous  charges.  The commissioner upon request may furnish  copies of documents and records of searches by means  other  than  first  class  mail  upon  prior payment of any additional cost involved in such  transmission. Where the cost of such requested  transmission  cannot  be  readily determined before transmission, the commissioner may establish a  reasonable  fee  to  cover the cost of such transmission. Nothing herein  shall be construed to require the commissioner to provide such service.