New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter B - Registration, Certificate of Title, and Number Plates
Part 16 - Special Number Plates
Section 16.5 - Restrictions
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 16.5
Current through Register Vol. 45, No. 52, December 27, 2023
(a) Personalized plates.
1. No person has a right
to a particular personalized plate. Personalized plates are issued by DMV in
the sole discretion of the commissioner.
2. Personalized plates bearing a plate number
that represents a word, phrase, expression, or that has a meaning, connotation
or format that the commissioner deems objectionable shall not be issued. Such
plates shall include, but need not be limited to, those that the commissioner
determines:
(i) Are obscene, profane, vulgar,
repulsive, depraved, or lewd;
(ii)
Describe or refer to a sexual or intimate body part, area or function;
(iii) Describe or refer to
eliminatory or other bodily functions;
(iv) Are derogatory, contemptuous, degrading,
disrespectful or inflammatory;
(v)
Express, describe, advertise, advocate, promote, encourage, glorify, or condone
violence, crime or unlawful conduct;
(vi) Describe, connote, or refer to illegal
drug(s), controlled substance(s) or related paraphernalia;
(vii) May constitute copyright infringement,
or infringement of a trademark, trade name, service mark, or patent;
(viii) Refer to, suggest, or may appear to
refer to or to suggest any governmental or law enforcement purpose, function or
entity;
(ix) Do not have at least
one letter, consist of six numbers followed by one letter, or may be misleading
or confusing in identifying a plate number (e.g., the substitution of the
numeral zero for the letter "O") or
(x) Are reserved for issuance to specific
classes of vehicles other than passenger vehicles (e.g., plates assigned to
county clerks, members of certain professions, historic motor vehicles, etc.).
3. Personalized plates
that the commissioner may deem to be objectionable shall include plates bearing
a combination of letters or numerals that in any language, or by means of a
slang term, abbreviation, phonetic spelling or mirror image, in the judgment of
the commissioner, forms a word, phrase, or expression, or has a meaning or
connotation listed in paragraph (2) of this subdivision.
4. The commissioner may determine at any time
that a personalized plate is objectionable, regardless of whether the plate is
requested, approved but not yet issued, or issued. If, after the commissioner
receives a request for a personalized plate, the commissioner deems the
requested plate to be objectionable, the commissioner shall deny the
applicant's request. In such cases, the applicant shall be deemed to have
consented to withdraw the application for the personalized plate. If, after the
issuance of a personalized plate, the commissioner deems the issued plate to be
objectionable, the commissioner shall invalidate the plate. The registrant will
be required to remove the invalidated plate from the registered vehicle and
will be issued a standard registration plate. When the commissioner either
withdraws approval for a requested personalized plate or invalidates an issued
personalized plate, the registrant may select a nonobjectionable personalized
plate or a non-personalized plate at no additional cost.
(b) Reserved Series.
(1) No person, organization or other entity
has a right to a requested reserved series. Reserved series are issued by DMV
in the sole discretion of the commissioner.
(2) Reserved series bearing a message, image
or other mark that has a meaning, connotation or format that the commissioner
deems objectionable shall not be issued. Such series shall include, but not be
limited to, those that the commissioner determines are described within
subparagraphs (i) through (viii) of paragraph (2) of subdivision two of this
section.
(3) The commissioner shall
issue an acceptable reserved series upon the applicant's delivery to the
Department of:
(a) a bond in a form
acceptable to the Department, executed by a surety company authorized by the
New York State Department of Financial Services to transact business in the
state, in the amount of $6,000; or,
(b) at least 200 non-refundable, pre-paid
orders for the proposed plates in the reserved series; Such delivery shall
cover the Department's development costs for the design and production of the
approved reserve series. If 200 or more plate orders are received within the
two years following the date on which plates in the reserved series are first
available for sale, then the commissioner shall not seek to recover against the
bond. If fewer than 200 plate orders are received within such time, the
commissioner shall be entitled to recover against the bond in an amount
proportionate to such shortfall. Any such action against a bond shall be made
by crediting the applicant with the service charge prescribed by sections
404 or
411-a of Vehicle and Traffic Law for each
plate order timely received within the applicant's reserved series. This
paragraph shall not apply to any plates in a proposed series reserved for
employees or members of a governmental agency or body where such series cannot
be issued to more than 200 individuals because of the criteria established for
eligibility for a plate in such series (e.g., plates issued to members of the
New York State Court of Appeals).
(4) The commissioner may determine at any
time that a plate in a reserved series, or a series itself, is objectionable,
regardless of whether the plate is requested, approved but not yet issued, or
issued. If, after the commissioner receives a request for such a plate or
plates, the commissioner deems the requested plate or plates to be
objectionable, the commissioner shall invalidate such plate or plates. If such
plate or plates have already been issued, the registrant will be required to
remove the invalidated plate from the registered vehicle and will be issued a
standard registration plate at no additional cost.
(c) In making any determination under this section, the commissioner shall rely upon the reasonably objective meaning of a proposed plate combination or reserved series and shall not consider or inquire of the applicant's subjective intent.
Adopted New York State Register August 10, 2016/Volume XXXVIII, Issue 32, eff. 8/10/2016
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