Commissioner’s Rules and Regulations Part 106 Passenger and Commercial Registrations

106.1 Introduction.

Vehicle and Traffic Law Section 401 provides for the registration of most vehicles. Subdivision six provides for the passenger categories and subdivision seven provides for the commercial categories. Subdivision seven covers ". . .buses, . . . motor vehicles constructed or specially equipped for the transportation of goods, wares and merchandise, commonly known as auto trucks or light delivery , . . . , livery and. . . certain other motor vehicles . . . ." Subdivision six covers the registration of most other vehicles.

106.2 Commercial Registration.

The following vehicles require commercial registration: (a) animal . A commercial type vehicle with boxes, cages or other equipment used to carry sick or injured animals.

(b) armored truck. A truck with bullet resistant features used for transporting money or other valuables, even if equipped with a rear side window and rear seat.

(c) cab and . An operational vehicle without a body or fifth wheel.

(d) glazier's truck. A truck, including a type of truck, equipped with racks for transporting glass, even if equipped with a rear side window and rear seat.

(e) modified . A vehicle originally of the passenger type but with all the seats behind the driver permanently removed, and a box or rack for carrying goods permanently installed in its place.

(f) modified . A station wagon with all seats and seat fittings behind the driver completely removed.

(g) REPEALED 3/15/00.

(h) specialized use truck. A vehicle with special equipment but which does not qualify as a special purpose commercial vehicle, such as a self-propelled air compressor, buzz saw or cable reel truck.

(i) . A vehicle with special equipment to raise and pull another vehicle behind it.

(j) truck. A vehicle constructed or specially equipped for the transportation of goods, wares and merchandise, regardless of seating capacity within the cab. Examples of trucks are pick-ups, stake bodies, cargo and self-propelled tank vehicles.

(k) van or cargo van. An enclosed vehicle constructed or specially equipped for the transportation of goods, wares and merchandise. (See Section 106.3(d) on how to modify a van to qualify for a passenger registration.) 106.3 Passenger registration.

Until February 19, 1991, a passenger registration is the proper class of registration for a motor vehicle having a seating capacity of not more than fifteen adults, in addition to the driver, provided the vehicle is not used to carry passengers for hire. On and after February 19, 1991, a passenger registration is the proper class of registration for a motor vehicle having a seating capacity of not more than fourteen adults, in addition to the driver, provided the vehicle is not used to carry passengers for hire. An unmodified car used to transport cargo in connection with a business must receive a passenger registration.

The following vehicles require passenger registration:

(a) car. A , , , , or . (See Section 106.2(e) on modifying a car to obtain a commercial registration).

(b) . A station wagon type vehicle equipped and used only for transporting a coffin.

(c) REPEALED 3/15/00.

(d) modified van or passenger van. A van with at least one seat or seat fittings or camping equipment behind the driver and at least one rear side window. This equipment must be permanently installed. Camping equipment means that a bed, stove or refrigerator must always be in the vehicle. Any use of the van without this equipment requires the vehicle to be registered as a commercial vehicle.

(e) motor home. A self-propelled vehicle designed as a traveling place of abode. To qualify as a motorhome, a vehicle must have a least four of the following facilities:

(1) cooking with an on-board power source;

(2) a gas or electric refrigerator;

(3) a toilet with exterior evacuation;

(4) heating or air conditioning or both from an on-board power source separate from the vehicle engine;

(5) a potable water supply system including a faucet, sink and a water tank with an exterior service connection; and

(6) a 110-125 volt power supply separate from the vehicle engine.

(f) specialized vehicle. A motor vehicle including a van or truck with a gross weight under seven thousand pounds, regardless of seating or window arrangements, which is equipped or modified with a powered lift or ramp or containing any other physical device or alteration for the purpose of accommodating a wheelchair or permitting access of a wheelchair-bound person, and which is intended to be used for the transportation of a disabled person or persons confined to a wheelchair.

(g) station wagon. An enclosed vehicle with folding seats, rear side windows and no , usable for both passenger and delivery purposes. 106.4 Registration amendments.

If a registered vehicle does not conform with the category appropriate to the registration plates displayed on the vehicle, an application must be filed with the Department to amend the registration and replace the registration plates with ones appropriate to the actual configuration of the vehicle.

106.5 Other categories. This regulation does not prevent a vehicle from being registered in another category (such as official, historical, agricultural truck, etc.) if it qualifies.

106.6 .

A truck with a cargo bed and side walls, regardless of seating capacity within the cab. (a) A pickup truck will receive a commercial registration except as provided in subdivision (b) and (c), below.

(b) A pickup truck which is used exclusively for non-commercial purposes with an unladen weight of six thousand pounds or less, and with no business advertising may receive a passenger registration, at the registrant's option. This subdivision shall also apply to pick- up trucks weighing five thousand and five hundred pounds or less that are leased and rented, provided that the lessee or renter of the pickup truck certifies on a form, provided by the leasing or rental company, that the pickup truck shall be used exclusively for non- commercial purposes. No rental or leasing company shall permit the renting or leasing of a pickup truck if the renter or lessee fails to complete the certification required by this subdivision or if such company knows or has reason to know that the renter or lessee is operating a pickup truck for commercial purposes. (Amended 6/4/15)

(c) A pickup truck which is used exclusively for non-commercial purposes with an unladen weight over five thousand pounds, with no business advertising, with the bed completely enclosed by a camper top, with at least one side window in the camper top, and with seats, seat fittings or camping equipment mounted in the bed, may receive a passenger registration, at the registrant's option. These modifications must be permanent. Camping equipment means that a bed, stove or refrigerator must always be in the vehicle. Any use of the truck without these modifications requires the vehicle to be registered as a commercial vehicle.