§ 2102. Exclusions. (a) The following are excluded from the provisions
of this title:

(1) A vehicle owned by the United States unless it is registered in
this state;

(2) A vehicle owned by a manufacturer or dealer and held for sale,
even though incidentally moved on the highway or used for purposes of
testing or demonstration; or a vehicle used by a manufacturer solely for
testing other than: (i) a vehicle registered by a dealer or
manufacturer, or (ii) a vehicle for which a physical examination is
required under section four hundred thirty of this chapter before a
certificate of title may be issued, or (iii) a vehicle held for sale by
a dealer which was purchased by the dealer as a result of sale upon
repossession or a sale by a sheriff or marshall to satisfy a judgment,
or (iv) a vehicle held for sale by a dealer for which a certificate of
title containing an error attributable to processing by the department
has been issued, or (v) a vehicle held for sale by a dealer for which
ordinarily acceptable proof of ownership cannot be obtained by the
dealer with reasonable diligence but for which a certificate of title
would ordinarily be issued upon the filing of a bond with the
commissioner as prescribed in subdivision (d) of section twenty-one
hundred five of this article, or (vi) a vehicle for which a manufacturer
or dealer has submitted a notice of repurchase as required by
subdivision two of section four hundred seventeen-a of this chapter and
regulations of the commissioner, or (vii) a vehicle held for sale by a
dealer which was purchased by a dealer as the result of a sale by a
police department, or (viii) a vehicle held for sale by a dealer which
was purchased by a dealer as the result of a sale by the United States
government;

(3) A vehicle owned by a non-resident of this state and not required
by law to be registered in this state provided, however, that a
certificate of title may be issued to such a non-resident for a vehicle
purchased by or transferred to such non-resident as a result of a sale
after repossession, or a sale by a sheriff or marshall to satisfy a
judgement, or a sale to foreclose a garageman's lien, provided such sale
was held in this state, or a result of the settlement of an estate of a
deceased if such settlement is pursuant to the estates, powers and
trusts law of this state or a sale by a police department, provided such
sale was held in this state;

(4) A vehicle regularly engaged in the interstate transportation of
persons or property for which a currently effective certificate of title
has been issued in another state;

(5) A vehicle moved solely by animal power;

(6) An implement of husbandry;

(7) Special mobile equipment;

(8) A self-propelled wheel chair or an adapted tricycle operated or
driven by a person with a disability;

(9) A pole trailer or a trailer with an unladen weight of less than
one thousand pounds;

(10) A vehicle manufactured prior to July first, nineteen hundred
seventy-two and designated by the manufacturer as being a nineteen
hundred seventy-two or earlier model year vehicle, and any vehicle
manufactured or assembled prior to January first, nineteen hundred
seventy-three for which the manufacturer or assembler has not designated
a model year;

(11) Snowmobiles, off-highway motorcycles and limited use motorcycles;

(12) A motor vehicle set off to a surviving spouse or surviving minor
child pursuant to section 5-3.1 of the estates, powers and trusts law
until an application for registration is made by such survivor or until
after the survivor transfers the vehicle, in which case the transferee
must apply for a certificate of title;

(13) A vessel not required to be registered in this state and which is
not registered in this state;

(14) A vessel designated by the manufacturer as being a nineteen
hundred eighty-six or earlier model year vessel and any vessel
manufactured or assembled prior to August first, nineteen hundred
eighty-six for which the manufacturer or assembler has not designated a
model year;

(15) Any vessel having a valid marine document issued by the United
States or a foreign government;

(16) Any vessel under fourteen feet in length;

(17) A vehicle owned or leased by the state of New York and regularly
utilized or intended to be utilized for undisclosed or undercover law
enforcement purposes;

(18) A vehicle owned by a non-resident of this state for which a
currently effective certificate of title has been issued in another
state and which is leased to a resident of, and registered in, this
state.

(19) A mobile home or a manufactured home, manufactured prior to July
first, nineteen hundred ninety-four and designated by the manufacturer
as being a nineteen hundred ninety-four or earlier model year mobile
home or manufactured home, and any mobile home or manufactured home
manufactured or assembled prior to January first, nineteen hundred
ninety-four for which the manufacturer has not designated a model year.

(c) A person engaged in the business of selling vehicles who does not
place such vehicles in his own consumer use and who is not required to
be registered as a dealer under section four hundred fifteen of this
chapter, shall not be deemed a dealer with respect to such vehicles and
shall not be required to apply for or receive a certificate of title for
any such vehicles. A local authority, which acquires title to a vehicle
or vehicles under the provisions of section twelve hundred twenty-four
of this chapter, and which does not place such vehicle or vehicles in
its own consumer use shall not be required to apply for or receive a
certificate of title for any such vehicle or vehicles.

(d) No certificate of title shall be issued to a vehicle excluded from
the provisions of this article.

(e) The commissioner may, by regulation, exclude from the provisions
of this title vehicles designated by the manufacturer as being of a
model year more than nine years prior to the current calendar year. The
commissioner may provide that such exclusion shall apply to all such
vehicles or to any categories or classes of such vehicles.