1. (a) A registered dealer is not required to obtain a license as a private service bureau in order to engage in the business of assisting for hire in securing registrations or titles of motor vehicles for customers who have purchased vehicles from that dealer but a license as a private service bureau is required if a dealer engages in the business of assisting in securing registrations or titles for the general public.

2. (b) The provisions of sections 77.1 through 77.6 of this Subchapter shall not be applicable to such a dealer engaging in private service bureau activities for customers who have purchased vehicles from that dealer. Section 77.7 shall apply to such a dealer.

   1. (1) Special or distinctive plates. Such a dealer may charge a person who purchases a vehicle from such dealer a fee for assisting in obtaining or ordering a special number or distinctive license plate from the Department of Motor Vehicles provided the dealer actually performs the service of filing the application for the plate with the Commissioner of Motor Vehicles. The fee charged by the dealer may not exceed $5.
   2. (2) Such a dealer may charge a person who purchases a vehicle from such dealer a fee for assisting in securing a registration and/or certificate of title for such vehicle, provided the dealer actually performs the service of filing the application for title and/or registration with the Commissioner of Motor Vehicles or his issuing agent. The fee charged by the dealer may not exceed $175. Such fee does not include the fee required to be paid to the Department of Motor Vehicles for issuance of the registration or for issuance of a certificate of title, nor shall such fee include the fee charged for the motor vehicle inspection of the vehicle.

   (c)

3. (d) If a fee is charged by the dealer for assisting in securing a registration and/or title or securing special or distinctive plates, the dealer shall print the following statement and asterisked statement on all copies of the invoice or bill of sale in a type size not smaller than the type size used for other charges on such document:

   "Dealer's optional fee for processing application for registration and/or certificate of title, and for securing special or distinctive plates (if applicable). THIS IS NOT A DMV FEE. *$____ "

   The asterisk and the following language shall be printed below the above statement:

   *The optional dealer registration or title application processing fee ($175 maximum) and special plate processing fee ($5.00 maximum) are not New York State or Department of Motor Vehicles fees. Unless a lien is being recorded or the dealer issued number plates, you may submit your own application for registration and/or certificate of title or for a special or distinctive plate to any motor vehicle issuing office.

   In addition to disclosing the application fee, the dealer shall disclose to the purchaser of the vehicle the annual fees to be assessed by the department for the cost of the plate. It shall be a violation of this section for any dealer to represent in any manner that the optional dealer registration or title processing fee is a fee required or imposed by the Department of Motor Vehicles. This shall include, but not be limited to, representations made in dealer documents, paperwork, signs, or advertising, or by any employee or representative of the dealer.

4. (e) The commissioner or his representative may examine records of the dealer with respect to any private service bureau activities conducted by the dealer.

(Note: This section duplicates section 77.8 of this Subchapter.)