S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3602
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   registration of general aviation aircrafts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 47-A to read as follows:
                               ARTICLE 47-A
                 REGISTRATION OF GENERAL AVIATION AIRCRAFT
 SECTION 2240. JURISDICTION OF THE DEPARTMENT.
         2241. DEFINITIONS.
         2242. REGISTRATION.
         2243. CERTIFICATE OF REGISTRATION.
         2244. PROOF OF INSURANCE.
         2245. REGISTRATION RECORD.
   §  2240.  JURISDICTION  OF  THE  DEPARTMENT. THE STATE REGISTRATION OF
 GENERAL AVIATION AIRCRAFT SHALL BE UNDER THE JURISDICTION OF THE DEPART-
 MENT OF TRANSPORTATION. STATE REGISTRATION IS IN ADDITION,  AND  NOT  IN
 PLACE  OF,  ANY  REGISTRATION REQUIREMENTS FOR GENERAL AVIATION AIRCRAFT
 SET OUT BY THE FEDERAL AVIATION ADMINISTRATION.
   § 2241. DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS  ARTICLE,  "GENERAL
 AVIATION  AIRCRAFT"  SHALL  MEAN  AN  AIRCRAFT  THAT  IS  USED  IN CIVIL
 AVIATION, OTHER THAN COMMERCIAL AIRCRAFT AS DEFINED IN PARAGRAPH  SEVEN-
 TEEN  OF  SUBDIVISION  (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW,
 MILITARY AIRCRAFT, UNMANNED AERIAL VEHICLES OR DRONES.
   § 2242. REGISTRATION. 1. PROHIBITIONS. NO PERSON RESIDING IN NEW  YORK
 STATE  SHALL  OWN  A  GENERAL  AVIATION  AIRCRAFT,  UNLESS  SUCH GENERAL
 AVIATION AIRCRAFT IS REGISTERED, AS EVIDENCED BY A REGISTRATION  CERTIF-
 ICATE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02078-01-1
              

 S. 3602                             2
 
   2.  ISSUANCE AND PERIOD OF VALIDITY. THE COMMISSIONER IS AUTHORIZED TO
 REGISTER A GENERAL AVIATION AIRCRAFT AND ISSUE  A  REGISTRATION  CERTIF-
 ICATE.  UNLESS OTHERWISE PRESCRIBED BY THE COMMISSIONER, ANY SUCH REGIS-
 TRATION SHALL BE VALID FOR A PERIOD OF THREE YEARS UNLESS, PRIOR TO SUCH
 REGISTRATION  DATE,  IT  IS SURRENDERED, CANCELLED, REVOKED OR SUSPENDED
 PURSUANT TO THE PROVISIONS OF THIS  ARTICLE,  OR  THE  GENERAL  AVIATION
 AIRCRAFT  IS  TRANSFERRED TO ANOTHER OWNER. AT THE END OF SUCH REGISTRA-
 TION PERIOD, THE REGISTRATION SHALL EXPIRE AND THE OWNER OF THE  GENERAL
 AVIATION AIRCRAFT SHALL REAPPLY FOR THE REGISTRATION.
   3.  APPLICATION. THE OWNER OF EACH GENERAL AVIATION AIRCRAFT REQUIRING
 REGISTRATION UNDER THIS ARTICLE SHALL PRESENT AN APPLICATION FOR  REGIS-
 TRATION  TO  THE  COMMISSIONER  WITHIN  THIRTY DAYS OF BECOMING AN OWNER
 THEREOF, ON A FORM PROVIDED BY THE DEPARTMENT ON PAPER OR ONLINE.   SUCH
 APPLICATION SHALL CONTAIN THE NAME OF THE OWNER, ADDRESS OF RESIDENCE, A
 SPECIFIC  DESCRIPTION OF THE AIRCRAFT AND IDENTIFICATION NUMBER ASSIGNED
 BY THE FEDERAL AVIATION ADMINISTRATION, PROOF OF INSURANCE AS  DESCRIBED
 UNDER  THIS ARTICLE, THE PRIMARY LOCATION OR LOCATIONS WHERE THE GENERAL
 AVIATION AIRCRAFT WILL BE STORED AND ANY OTHER INFORMATION  REQUIRED  BY
 THE COMMISSIONER.
   4.  CHANGE  OF  ADDRESS.  THE  OWNER  OF ANY GENERAL AVIATION AIRCRAFT
 REGISTERED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL  NOTIFY  THE
 COMMISSIONER  IN  WRITING OF ANY CHANGE OF ADDRESS WITHIN TEN DAYS AFTER
 SUCH CHANGE OCCURS AND THE NEW ADDRESS OF SUCH OWNER SHALL BE  NOTED  ON
 THE CERTIFICATE OF REGISTRATION FOR SUCH GENERAL AVIATION AIRCRAFT.
   5.  CHANGE  OF  OWNERSHIP.  UPON  THE CHANGE IN OWNERSHIP OF A GENERAL
 AVIATION AIRCRAFT REGISTERED PURSUANT TO THIS SECTION, UNLESS  OTHERWISE
 PROVIDED BY REGULATION OF THE COMMISSIONER, THE CERTIFICATE OF REGISTRA-
 TION  SHALL  BE  SIGNED AND DATED BY THE FORMER OWNER AND SURRENDERED TO
 THE COMMISSIONER. THE COMMISSIONER  SHALL  BE  NOTIFIED  BY  THE  FORMER
 OWNER,  IN  A  MANNER  PRESCRIBED  BY  THE COMMISSIONER, OF THE NAME AND
 ADDRESS OF THE PURCHASER, THE DATE  OF  THE  TRANSFER  AND  THE  FEDERAL
 AVIATION ADMINISTRATION IDENTIFICATION NUMBER.
   6.  DESTRUCTION,  THEFT,  LOSS  OR  ABANDONMENT  OF  GENERAL  AVIATION
 AIRCRAFT. THE OWNER OF ANY GENERAL AVIATION AIRCRAFT REGISTERED PURSUANT
 TO THE PROVISIONS OF THIS SECTION SHALL NOTIFY THE COMMISSIONER IN WRIT-
 ING OF THE DESTRUCTION, THEFT,  LOSS  OR  ABANDONMENT  OF  SUCH  GENERAL
 AVIATION  AIRCRAFT  WITHIN  FIFTEEN DAYS THEREAFTER, AND IN THE EVENT OF
 THE LOSS, DESTRUCTION OR ABANDONMENT OF SUCH GENERAL AVIATION  AIRCRAFT,
 THE CERTIFICATE OF REGISTRATION SHALL BE SURRENDERED WITH SUCH NOTICE.
   § 2243. CERTIFICATE OF REGISTRATION. 1. ISSUANCE. UPON THE APPROVAL OF
 AN  APPLICATION FOR REGISTRATION, THE COMMISSIONER SHALL ISSUE A CERTIF-
 ICATE OF REGISTRATION IN SUCH MANNER AND FORM AS THE COMMISSIONER  SHALL
 PRESCRIBE.
   2. CERTIFICATE OF REGISTRATION. THE CERTIFICATE OF REGISTRATION ISSUED
 BY  THE  COMMISSIONER  SHALL BE AVAILABLE AT ALL TIMES FOR INSPECTION ON
 THE GENERAL AVIATION AIRCRAFT FOR  WHICH  IT  IS  ISSUED  WHENEVER  SUCH
 AIRCRAFT  IS  IN OPERATION, UNLESS OTHERWISE PROVIDED BY A RULE OR REGU-
 LATION OF THE COMMISSIONER. EVERY PERSON OPERATING  A  GENERAL  AVIATION
 AIRCRAFT SHALL, UPON THE DEMAND OF ANY PEACE OFFICER, FEDERAL OFFICER OR
 OTHER  PERSON  HAVING  THE  AUTHORITY  TO ENFORCE THE PROVISIONS OF THIS
 CHAPTER, PRODUCE THE CERTIFICATE OF  REGISTRATION  FOR  INSPECTION.  THE
 FAILURE  TO PRODUCE THE CERTIFICATE OF REGISTRATION, AS PROVIDED HEREIN,
 SHALL NOT BE AN OFFENSE, BUT SHALL BE PRESUMPTIVE EVIDENCE OF  OPERATING
 A  GENERAL AVIATION AIRCRAFT WHICH IS NOT REGISTERED AS REQUIRED BY THIS
 ARTICLE.

 S. 3602                             3
 
   3. EXPIRATION OF  REGISTRATION  CERTIFICATE.  THE  REGISTERED  OWNER'S
 RIGHT TO THE REGISTRATION CERTIFICATE PROVIDED FOR IN THIS SECTION SHALL
 EXPIRE  UPON  THE TERMINATION OF OWNERSHIP OF ANY PERSON IN THE AIRCRAFT
 FOR WHICH THE SAME WAS ISSUED.
   §  2244.  PROOF  OF INSURANCE. 1. COVERAGE. (A) EVERY OWNER OF GENERAL
 AVIATION AIRCRAFT IN THIS STATE, UPON APPLYING FOR  REGISTRATION,  SHALL
 SUPPLY  INFORMATION  AS DETAILED IN PARAGRAPH (B) OF THIS SUBDIVISION AS
 PROOF THAT THE GENERAL AVIATION AIRCRAFT DURING THE PERIOD OF ITS OPERA-
 TION IS COVERED BY AN INSURANCE POLICY WITHIN THE  LIMITS  OF  NOT  LESS
 THAN  ONE HUNDRED THOUSAND DOLLARS PER PASSENGER SEAT LIABILITY BOTH FOR
 PASSENGER BODILY INJURY OR DEATH AND FOR PROPERTY DAMAGE; NOT LESS  THAN
 ONE HUNDRED THOUSAND DOLLARS FOR BODILY INJURY OR DEATH TO EACH NON-PAS-
 SENGER  IN  ANY  ONE  ACCIDENT; AND NOT LESS THAN THREE HUNDRED THOUSAND
 DOLLARS PER OCCURRENCE FOR BODILY INJURY OR DEATH TO  NON-PASSENGERS  IN
 ANY ONE ACCIDENT.
   (B)  THE INFORMATION SUPPLIED TO THE COMMISSIONER MUST INCLUDE, BUT IS
 NOT LIMITED TO, THE NAME AND ADDRESS OF  THE  OWNER,  THE  NAME  OF  THE
 INSURER,  THE  INSURANCE  POLICY  NUMBER,  THE  TERM OF COVERAGE, POLICY
 LIMITS AND ANY OTHER DATA THE COMMISSIONER REQUIRES.
   2. NOTIFICATION. IN THE EVENT OF CANCELLATION OF  AIRCRAFT  INSURANCE,
 THE  OWNER  SHALL NOTIFY THE COMMISSIONER AT LEAST TEN DAYS PRIOR TO THE
 DATE ON WHICH THE INSURANCE COVERAGE IS TO BE TERMINATED.  UNLESS  PROOF
 OF  A NEW POLICY OF INSURANCE IS FILED WITH THE COMMISSIONER MEETING THE
 REQUIREMENTS OF THIS  SECTION,  THE  REGISTRATION  CERTIFICATE  FOR  THE
 AIRCRAFT SHALL BE REVOKED THEREWITH.
   3.  EXEMPTION  FROM INSURANCE REQUIREMENT. NOTHING IN THIS SUBDIVISION
 SHALL BE CONSTRUED TO REQUIRE  AN  OWNER  OF  AN  AIRCRAFT  TO  MAINTAIN
 PASSENGER  SEAT LIABILITY COVERAGE ON AIRCRAFT FOR WHICH AN EXPERIMENTAL
 CERTIFICATE HAS BEEN ISSUED BY THE ADMINISTRATOR OF THE FEDERAL AVIATION
 ADMINISTRATION PURSUANT TO CODE OF FEDERAL REGULATIONS, TITLE 14,  WHERE
 UNDER  PERSONS  OPERATING  THE  AIRCRAFT  ARE  PROHIBITED  FROM CARRYING
 PASSENGERS IN THE AIRCRAFT. WHENEVER THE AIRCRAFT BECOMES  CERTIFIED  TO
 CARRY PASSENGERS, PASSENGER SEAT LIABILITY COVERAGE SHALL BE REQUIRED AS
 PROVIDED BY THIS SECTION.
   §  2245.  REGISTRATION RECORD. UPON THE ISSUANCE OF REGISTRATION FOR A
 GENERAL AVIATION AIRCRAFT, AS PROVIDED IN THIS ARTICLE, THE COMMISSIONER
 SHALL ENTER UPON THE RECORDS OF THE DEPARTMENT THE REGISTRATION OF  SUCH
 GENERAL AVIATION AIRCRAFT.
   §  2. The title heading of title 11 of the vehicle and traffic law, as
 amended by chapter 869 of the laws  of  1976,  is  amended  to  read  as
 follows:
         REGISTRATION OF SNOWMOBILES, GENERAL AVIATION AIRCRAFTS,
                    MOTORBOATS AND LIMITED USE VEHICLES
 
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.