Make no mistake about it: owning and driving a vehicle in New York State requires properly registering the car or truck soon after acquiring it. These requirements are found in the New York Vehicle and Traffic Law Section 401, and are clear about what is expected. That includes the fact that the vehicle ensuring that the vehicle is inspected and the registration renewed every two years.
Choosing to drive an unregistered vehicle, whatever the reason, is likely to result in penalties. If an unregistered vehicle is pulled over by the authorities and an officer determines that there is no registration or that the registration has lapsed, the trouble begins. These problems can be even more problematic if the driver injured someone while operating an unregistered vehicle.
Common Reasons Why a Vehicle May Not Be Properly Registered
There are reasons why a vehicle may not be registered. Still, none of them qualify as valid excuse. It's the owner's responsibility to ensure that any vehicle he or she owns is properly registered.
What can prevent the registration? Here are some examples:
- Procrastination: the owner meant to register the vehicle, but never got around to it. This could mean the owner failed to register a newly-acquired car or truck, or neglected to take the steps necessary to renew the registration in a timely manner.
- Lack of Insurance: In New York State, drivers must maintain auto insurance coverage that meets the minimum requirements set by law. If that auto insurance to allowed to lapse, it will be necessary to secure new coverage before registering the vehicle.
- Failed to pass an inspection: all vehicles owned and operated by residents of New York must pass the emissions and any other tests required by law. Until the car or truck does pass, obtaining registration won't be possible.
- Title Issues: Perhaps the ownership is unclear. That may be due to some sort of financial issue, or it could have to do with the fact that someone has contested the ownership. Depending on the circumstances, the current owner may not be able to register the vehicle until those title problems are resolved.
- Unpaid Traffic Tickets: Any unpaid tickets associated with parking, running a traffic light, or violating other traffic laws can interfere with initially registering a vehicle or even renewing the registration on a vehicle. The owner must clear up any outstanding tickets first, and this complication will go away.
If there is any issue with obtaining the proper registration, the New York State Department of Motor Vehicles can provide guidance on what needs to be done. Owners who need to proceed with a proper registration can check the DMV site for more information about all things to do with vehicle registration.
The Difference Between an Unregistered Vehicle and an Expired Registration
From a legal standpoint, any vehicle that is not properly registered with the state is unregistered. However, an owner may be cited for having an expired registration or for not having the vehicle registered at all. Is there any real difference?
While it's a fine point of law, there is a slight difference. With an expired registration, there is a record of previous registrations. When the vehicle was never registered in the first place, no previous record exists. In either case, registering the vehicle as soon as possible is in the best interests of the owner.
Is There Any Kind of Grace Period?
The most practical approach is to register the vehicle as soon as the auto insurance is in place, and the car passes the emissions and any other tests currently required by law. Even so, there is something of a grace period. This is especially true if the car or truck is a recent purchase, or if the owner has recently moved into the state.
With either of these scenarios, it's required for owners to register their vehicles within 180 days from the date found on the insurance documents. Any time after that leaves the owner open to significant penalties.
In the case of a lapsed registration, the fines begin to incur quickly. If the registration lapsed in the last 60 days, the fines are relatively low. Any time frame longer than that means increased fines. There may be other issues that arise if an officer runs the registration, and the owners' name on the expired registration is associated with unpaid tickets and other violations.
What Can Happen if There's No Registration
Whatever the reason behind failing to register the vehicle, the vehicle owner can expect to pay some sort of penalty for unregistered vehicle in NY. At the very least, there will be a fine that must be settled in full before obtaining a proper registration can proceed. The fine is based on how long the vehicle has been in use without a proper registration.
Along with the fine, there's the possibility of having to pay a surcharge. This is not part of the ticket proper, but it's due at the same time the fine is paid.
Finally, there is the possibility of jail time. There are provisions in place that would make it possible for the court to require that the owner spend up to 15 days in jail. This is in addition to paying any fine and surcharge associated with the case.
If anyone was injured while the vehicle was on the road without proper registration, there will be other complications that the owner must face.
The Immediate Consequences of Driving With an Expired Registration
There are consequences that kick in the moment an owner is found to be driving with an expired registration. A fine is the first thing that is assessed, along with a surcharge to go along with it. Assuming this is the first time this sort of thing has happened, and there are no red flags on the owner's driving record, paying the fine will likely be the end of the issue.
If the owner continues to drive the vehicle without proper registration, and is pulled over again, things get worse. There will be more fines, and the possibility of spending a few days in jail becomes real.
The Potential Long-Term Consequences of Either Scenario
It's imperative to clear up any unregistered vehicle fine in New York without any delays. While that does nothing to avoid the immediate consequences, it does minimize the potential for longer term issues.
Choosing to wait any longer could mean more citations and fines that capture the notice of the insurance provider. This could mean higher insurance premiums when the time comes to renew the coverage. Depending on the circumstances, the loss of driving privileges for a time is not out of the question. That applies to driving another properly registered vehicle as well as the one that remains unregistered.
The Path to Avoiding More Legal Trouble
The simplest way to avoid any type of penalty for driving without registration is for the owner to register the vehicle as soon as possible. Whether the car is a recent purchase or the owner just moved to the state doesn't matter. He or she should make arrangements for the required inspection, secure insurance, and head to the local DMV office with all the necessary documentation.
If there's already a fine to pay, the owner should settle it immediately. Once it's cleared up, follow the general procedures to register the vehicle. That ensures there will be no more problems, at least until the time to renew the registration rolls around in a couple of years.
Seeking Legal Advice and Representation
If you were injured by a driver who was operating a vehicle that's not registered, you do have ways to seek compensation. A lawyer who is well-versed in all things to do with traffic laws in New York State can evaluate your case and determine how to pursue it. This is important because those injuries may cost and continue to cost you a great deal of pain, lost earnings, and other damages and expenses.
For more information about current registration laws in New York State, and how they can impact your rights as an injured party, contact Linden Law today. Our team will engage in every legal action to pursue the compensation that you deserve.
FAQs That You Should Know
1. Is a driver's license needed to register a car in New York?
It's great, but not necessary. If you have a state-issued picture ID and the proper title for the vehicle, you can register it with no issues.
2. How much could and owner pay for a ticket associated with driving an expired or unregistered vehicle in New York State?
As of 2023, the fines vary anywhere from $40.00 to $300.00. That does not include any surcharge. How long you've had the car without proper registration will determine how much you end up paying.
3. Who gets the ticket – the vehicle owner or the driver?
The primary focus is on the vehicle owner, although there may be grounds to fine the operator as well. That's who will face the fine and the surcharge, plus any other penalties that may be invoked.
4. Is it legal to drive with temporary license plates in New York State?
Yes, assuming they are obtained from the state's Department of Motor Vehicles. It's possible to obtain a temporary registration and plate using the department's site. Once the vehicle owner provides the payment, the temporary documents can be printed at home. The temporary plate should be displayed. A copy of the temporary registration should go in the glove department.
Keep in mind that the temporary registration and plate are only good for 30 days, beginning with the date they are issued.
5. How long can the new owner drive a recently purchased vehicle without registration?
Whether the vehicle is new or used, the owner has 30 calendar days from the date of purchase to register the vehicle with the NY DMV. After that, the owner is subject to fines and possibly other penalties.
6. What happens if the owner continues to drive a car without proper registration?
Continuing to drive the vehicle without proper registration increases the odds of being pulled over a second time and making a bad situation worse. It's best to avoid more fines and surcharges, along with the possibility of jail time, by registering the vehicle without any delay.
7. Where can drivers find more information about applicable laws or to register their vehicles?
The New York State Department of Motor Vehicles operates a site that makes it possible for all vehicle owners to find information about current laws, apply for temporary documents, and to secure registration that's in force for two full years.
Owners can visit https://dmv.ny.gov/ to set up an account, and use the site to manage all things to do with auto registration, voter registration, and other tasks.