New York State Law

Vehicle and Traffic Law

Consolidated Laws of New York's VTL code

  Search VTL Laws

Article 17 - NY Vehicle and Traffic Law

OTHER PROVISIONS RELATING TO REGISTRATION AND POSSESSION

Section Description
420-aDealer issued temporary registration.
421Sale of motor vehicle, trailer or part thereof with changed identification number.
422Special vehicle identification numbers.
423Peace officers and their duties.
423-aEnforcement procedures for insuring the retention of vehicle identification numbers on vehicles.
424Stolen or impounded motor vehicles.
425Repossession of motor vehicle or motorcycle; garageman's lien; notice to police.
426Punishment for making false statement; stolen vehicles.
427Disposition of registration fees.
428Refunds.
429Junk and salvage vehicles.
430Retail sale of junk and salvage vehicles.
431Vehicle identification numbers.
   S 420. Transfer  of registration. 1. Upon the transfer of ownership or
  the  destruction  of  a  motor  vehicle,  motorcycle  or  trailer,   its
  registration  shall  expire;  and  the  seller,  or the owner in case of
  destruction, shall remove the number plates from the vehicle.
    2. Such seller or owner may, however, register another vehicle and use
  said number plates thereon, if appropriate, upon making application  for
  such  registration, paying a transfer fee of ten dollars, and paying the
  proportional excess, if any, of  the  annual  fee  for  registering  the
  second vehicle over the annual fee for registering the first vehicle for
  each  day  or  fraction  thereof constituting the unexpired registration
  period. If the number plates of the first vehicle  are  not  appropriate
  for the second vehicle, the commissioner or his or her agent shall, upon
  the surrender of such number plates, furnish appropriate number plates.
    3.  Provided, however, that upon the death of an owner of a registered
  motor vehicle, motorcycle or trailer, its registration shall, unless the
  vehicle is destroyed,  be  deemed  to  continue  in  force  as  a  valid
  registration  until  the  end of the year or until the ownership of such
  vehicle is transferred by the executor or administrator of the estate of
  such owner or by the distributees of his  personal  property,  whichever
  occurs  first. If the ownership of such vehicle is transferred as exempt
  property under section 5-3.1 of the estates, powers and  trusts  law  to
  the  surviving spouse of the owner, the fee for the initial registration
  issued to such surviving spouse shall be the fee for  such  registration
  reduced by the amount of the fee remaining for the unexpired term of the
  registration issued to the deceased.
    4.  Provided,  further,  that  upon the permanent removal of a vehicle
  from the state, the owner may remove the number plates and  be  entitled
  to the same privileges as though the vehicle had been sold or destroyed.
    5.  Provided,  further,  that  a holder of manufacturers' and dealers'
  registration having a motor vehicle, motorcycle or trailer registered in
  his or its name under the  provisions  of  this  chapter  may,  if  such
  vehicle  is  placed in stock for sale, also remove the number plates and
  be entitled to the same privileges as though the vehicle had  been  sold
  or destroyed.
    6. Provided, further, that the registration of a vehicle registered in
  the  names  of  two or more persons, as partners or otherwise, shall not
  expire upon a change in ownership of the vehicle so long as any  of  the
  persons named in such registration as owners of the vehicle is the owner
  or  part owner of the vehicle. However, when any change in the ownership
  of such a vehicle occurs and the registration does not expire, the owner
  or owners after such change shall forthwith file with the commissioner a
  statement of  the  ownership  of  such  vehicle  in  such  form  as  the
  commissioner  shall require, together with a fee of ten dollars, and the
  commissioner shall issue a new certificate of registration.
    7. Where a dealer having registration under the provisions of  section
  four  hundred  fifteen  of  this  chapter sells or trades a vehicle to a
  person who has another vehicle duly registered under  this  chapter,  or
  who  had  another vehicle previously so registered, and the registration
  of such vehicle is eligible for transfer to the purchased vehicle  under
  the  provisions  of  this  section  and  the  number plates of the first
  vehicle are appropriate, such dealer may issue on any date on which  the
  registration  of  a motor vehicle may be used a temporary certificate of
  registration of the second vehicle  under  which  such  vehicle  may  be
  operated  as  a duly registered vehicle for a period of thirty days from
  the date of issuance, other provisions of this chapter  notwithstanding.
  Such  temporary  certificate  of  registration  may  be  extended by the
  commissioner for an additional thirty days,  except  that  in  no  event
  shall  any such temporary certificate of registration be valid after the
  expiration  date  of  the  registration  for  the  first  vehicle.  Such
  certificate  shall  be  issued upon a form furnished by the commissioner
  and shall be executed in such manner as he shall prescribe.
    8.  The owner of a registered motor vehicle, motorcycle or trailer may
  transfer the registration and, if appropriate, the number plates thereof
  to another vehicle owned by him or her upon making application for  such
  transfer,  paying  a  transfer  fee  of  ten  dollars,  and  paying  the
  proportionate excess, if any, of the  annual  fee  for  registering  the
  second vehicle over the annual fee for registering the first vehicle for
  each  day  or  fraction  thereof constituting the unexpired registration
  period, provided, however, that the registration and number  plates  for
  the  second  vehicle,  if  such vehicle is registered in this state, are
  either surrendered to the commissioner or transferred to another vehicle
  as provided herein. If the number plates of the first  vehicle  are  not
  appropriate for the second vehicle, the commissioner or his or her agent
  shall,  upon  the  surrender  of such number plates, furnish appropriate
  number plates. Whenever a total fee  for  reregistration  prescribed  in
  this section shall amount to a fee other than a whole dollar amount, the
  fee  required  to  be  paid  shall be rounded to the nearest twenty-five
  cents.

  S 420-a. Dealer  issued  temporary  registration.  1.  Where  a dealer
  having a registration under  the  provisions  of  section  four  hundred
  fifteen  of  this  chapter  sells or transfers a vehicle, he may issue a
  temporary  registration  for  such  vehicle,  which  registration  shall
  permit,  such  vehicle to be operated as a duly registered vehicle for a
  period of thirty days from the date of  issuance,  other  provisions  of
  this   chapter  notwithstanding.  Such  temporary  registration  may  be
  extended by the commissioner for an additional  thirty  days  and  shall
  consist of a form or forms which shall be obtained from the commissioner
  by the dealer, and executed, issued and displayed in accordance with the
  provisions  of this section and in such manner as the commissioner shall
  prescribe.
    2. A qualified dealer may obtain temporary registrations to be  issued
  in  accordance  with  the  provisions of this section by applying to the
  commissioner and paying a fee of five dollars for  each  such  temporary
  registration.  The  commissioner  may  limit  the  number  of  temporary
  registrations given to a dealer  at  any  one  time  or  the  number  of
  unissued  temporary  registrations  in the possession of a dealer at one
  time.
    3. A qualified dealer may issue a temporary  registration  under  this
  section  only  to a person to whom he has sold or transferred a vehicle.
  Such a temporary registration may not be issued for a vehicle  which  is
  eligible  for  issuance  of  a  temporary  certificate  of  registration
  pursuant to subdivision seven of section four  hundred  twenty  of  this
  article.  The  commissioner may, by regulation, exclude specific classes
  or types of vehicles from the provisions of this section.
    4. Before issuing a temporary registration, a  qualified  dealer  must
  have  in  his  possession  all application forms properly completed, all
  documents, fees and any other charges which must  be  submitted  to  the
  commissioner  for  the  issuance  of a registration by the commissioner.
  Such dealer must make application for registration for such vehicle  and
  must  submit  all  such  forms,  documents,  fees  and  charges  to  the
  commissioner in a manner prescribed  by  the  commissioner  and,  unless
  otherwise provided by the commissioner, within five calendar days of the
  date of issuance of the temporary registration.
    5.  Any  registration  issued  by  the  commissioner as a result of an
  application submitted by a qualified dealer who has issued  a  temporary
  registration  for  such vehicle pursuant to this section shall be issued
  as of the date the dealer issued the temporary registration.
    6. In order for a  temporary  registration  issued  pursuant  to  this
  section to be valid, it must be displayed on the vehicle for which it is
  issued in the manner prescribed by the commissioner.
    7.  A  dealer  may  not  make  a separate charge for the issuance of a
  temporary registration.
    8. The commissioner may refuse to issue temporary registrations  to  a
  dealer  registered  pursuant  to  section  four  hundred fifteen of this
  chapter  or  he  may  require  the  surrender  of   unissued   temporary
  registrations  in  the  possession of such dealer, if he determines that
  the dealer has not complied with the provisions of this section  or  any
  regulations promulgated thereunder. If the commissioner refuses to issue
  such temporary registrations or requires the surrender of such temporary
  registrations,  a  qualified  dealer  may  request  a  hearing  on  such
  determination by making a  written  request  for  such  hearing  to  the
  commissioner.  Upon  receipt  of  such  request,  a hearing must be held
  within ten days of receipt.
    9. If a dealer registration expires or is suspended or revoked, or  if
  a  dealer  goes out of business, all unissued temporary registrations in
  the possession of such dealer must be surrendered to  the  commissioner.
  Upon  application  by  such  dealer, the fee for such unissued temporary
  registrations shall be refunded upon  surrender,  except  that  no  such
  refund  shall  be  made if the dealer registration has been suspended or
  revoked or the commissioner has required that temporary registrations be
  surrendered pursuant to subdivision eight of this section.
    10. The commissioner shall prescribe such rules and regulations as may
  be necessary to carry out the provisions of this section.
    11. Fees; deposited. Fees assessed under this section shall be paid to
  the  commissioner for deposit to the general fund, with the exception of
  the  three  dollar  increase  in  the  fee  for  issuance  of  temporary
  registrations  pursuant  to subdivision two of this section, which shall
  be deposited to the dedicated highway and bridge trust fund  established
  pursuant  to  section  eighty-nine-b  of  the  state finance law and the
  dedicated mass  transportation  fund  established  pursuant  to  section
  eighty-nine-c  of the state finance law and distributed according to the
  provisions of subdivision (d) of section three hundred one-j of the  tax
  law.

   S 421. Sale  of  motor  vehicle,  trailer or part thereof with changed
  identification number. 1. Any person engaged in the business  of  buying
  or selling motor vehicles, trailers, or parts thereof, shall be presumed
  to  have  determined  and  to  know  the original vehicle identification
  numbers  and  special  identification  numbers  on  any  motor  vehicle,
  trailers  or parts thereof purchased or sold by such person, both at the
  time of purchase and sale.
    2. Any person engaged in the  business  of  buying  or  selling  motor
  vehicles,  trailers,  or  parts  thereof, who sells or offers for sale a
  motor  vehicle,  trailer,  or  part  thereof,   the   original   vehicle
  identification  number  or  special identification number of which shall
  have been destroyed, removed, altered, defaced or so covered  as  to  be
  effectually   concealed,   without   having  complied  with  regulations
  promulgated by the commissioner, shall be guilty of a class E felony.
    3. Any person, other than a person engaged in the business  of  buying
  or  selling  motor  vehicles,  trailers, or parts thereof, who knowingly
  sells or offers for sale a motor vehicle, trailer, or part thereof,  the
  original  vehicle identification number or special identification number
  of which shall have been destroyed,  removed,  altered,  defaced  or  so
  covered  as  to  be  effectually  concealed shall be guilty of a class E
  felony. In any prosecution under this subdivision, the purchase  of  the
  motor  vehicle,  trailer  or  part  from a dealer registered pursuant to
  section four hundred fifteen  of  this  chapter,  a  vehicle  dismantler
  registered  pursuant  to section four hundred fifteen-a of this chapter,
  or a motor vehicle repair shop  registered  pursuant  to  section  three
  hundred  ninety-eight-c  of  this  chapter shall be presumptive evidence
  that the purchaser did not have knowledge of the  destruction,  removal,
  alteration,  defacing or covering of the original vehicle identification
  number or special identification number.
    4. For the purposes of this article, the term "original identification
  number" shall mean any number embossed, engraved, etched, affixed  to  a
  label,  sticker  or  plate  or  similarly  marked on any part of a motor
  vehicle, trailer or vehicle part which is assigned by  the  manufacturer
  for  the  purpose  of  identification  of that particular motor vehicle,
  trailer or vehicle part  and  the  location  of  which  number  is  made
  available to the public.

   S 422. Special  vehicle  identification numbers. The commissioner may,
  by  regulation,  provide  for  the  issuance  of   a   special   vehicle
  identification  number.  Such regulations shall be applicable whenever a
  special vehicle identification number is required by  any  provision  of
  law.  With respect to a vehicle part for which an inspection is required
  pursuant to subdivision two of section four  hundred  twenty-three-a  of
  this   chapter,  a  special  identification  number  may  consist  of  a
  distinguishing mark. Such special vehicle identification number shall be
  affixed only by or under the direction of a member of the department  of
  motor vehicles who has the powers of a peace officer pursuant to section
  three hundred ninety-two-b of this chapter. A fee of twenty-five dollars
  shall  be  paid  to the commissioner before such number shall be issued,
  except that no fee shall be required of a governmental agency.

   S 423. Peace  officers  and  their duties. The officers and members of
  the state police, any local police  department  and  any  peace  officer
  acting  pursuant to his special duties shall have and exercise the power
  and it  shall  be  their  duty  to  investigate  and  make  arrests  for
  violations of the provisions of this chapter. They shall investigate any
  theft  of  a  motor  vehicle or trailer, of which they receive notice or
  have information, and arrest or cause the arrest  of  any  person  where
  reasonable  grounds exist to believe that such person has stolen a motor
  vehicle or trailer, and, when necessary for such arrest, make  complaint
  on information before the proper court or magistrate.

   S 423-a. Enforcement  procedures for insuring the retention of vehicle
  identification numbers on vehicles. 1. Seizure of vehicle.  (a)  Members
  of  the  state  police, any local police department or any peace officer
  acting pursuant to his special duties shall seize and confiscate a motor
  vehicle or trailer if any  original  identification  number  or  special
  identification  number  is  destroyed,  removed,  altered, defaced or so
  covered as to be effectually concealed.
    (b) The commissioner shall establish standards for determining whether
  an identification number on a motor vehicle, trailer or part thereof  is
  destroyed,  removed, altered, defaced or so covered as to be effectually
  concealed. Whenever  a  vehicle  described  in  paragraph  (a)  of  this
  subdivision is seized or confiscated, members of the state police, local
  police  department  or  peace  officers acting pursuant to their special
  duties, if warranted, shall  arrest  the  supposed  owner  or  custodian
  thereof,  and  cause  prosecution  to be brought in a court of competent
  jurisdiction.  It shall be the duty of the  appropriate  agency  or  the
  department  of  motor  vehicles  to  retain  the  custody  of each motor
  vehicle, trailer or part seized pending the prosecution  of  the  person
  arrested  until  the  ownership  of  such motor vehicle, trailer or part
  shall have been ascertained. If the ownership  of  such  motor  vehicle,
  trailer  or  part cannot be ascertained, or if the owner or custodian is
  convicted of the theft or unlawful possession  of  said  motor  vehicle,
  trailer  or  part,  such  motor  vehicle,  trailer  or  part,  if in the
  possession of the state police or any other state agency shall,  at  the
  direction  of  the office of general services, be held for, or delivered
  into the possession of, such  office,  and  title  shall  vest  in  such
  office,  or  if  in the possession of a local police department or other
  local authority, such motor vehicle or trailer shall be  treated  as  an
  abandoned vehicle pursuant to section twelve hundred twenty-four of this
  chapter, or such part may be sold by the local authority to a registered
  dealer  or  to  a  registered  vehicle  dismantler  or  certified  scrap
  processor as  defined  in  subdivision  nine  of  section  four  hundred
  fifteen-a of this chapter.
    2.  Assignment  of a new identification number. If a person other than
  the person arrested be the owner, the motor  vehicle,  trailer  or  part
  shall  be  returned  to  him  as  soon  as  he  has arranged to have the
  department of motor vehicles affix a new number, or in  the  case  of  a
  part,  inspect such part, and the department has done so, as provided in
  section four hundred twenty-two of this chapter. Prior to the return  of
  the  motor  vehicle, trailer or part, or the transfer of custody of said
  motor vehicle, trailer or part, the  arresting  officer  shall  transmit
  notice of the arrest to the commissioner.
    3.  Disposition  of certain motor vehicles, trailers and parts. (a) If
  the owner of a motor vehicle or trailer cannot be ascertained, or if the
  owner or custodian is arrested and convicted of the  theft  or  unlawful
  possession  of  said motor vehicle or trailer, and such motor vehicle or
  trailer is held for or is in the possession of  the  office  of  general
  services, the office of general services shall sell the motor vehicle or
  trailer at public auction or by bid, or, it may be registered for use by
  the  office or by a state agency in the performance of the duties of the
  office or of such state agency, provided that the  department  of  motor
  vehicles  first  affixes  a  special  identification number to the motor
  vehicle or trailer, if required. The special identification number shall
  thereafter be used for identification, registration and all purposes  of
  this  chapter, and the purchaser thereof may sell and transfer the motor
  vehicle or trailer bearing  such  a  special  identification  number  or
  numbers.
    (b)  If  the  owner  of  a part or parts of a motor vehicle or trailer
  cannot be ascertained, or if the owner  or  custodian  is  arrested  and
  convicted  of the theft or unlawful possession thereof, and such part is
  held for or is in the possession of the office of general services,  the
  office of general services shall sell such part or parts to a registered
  dealer  or  to  a  registered  vehicle  dismantler  or a certified scrap
  processor as  defined  in  subdivision  nine  of  section  four  hundred
  fifteen-a of this chapter.
    (c)  Notwithstanding any other provision of this section, ownership of
  an unidentifiable part in an otherwise identifiable vehicle, other  than
  a  stolen  vehicle, held by the department or by a police department may
  be transferred to the owner of such vehicle provided that the department
  or police department has made findings that such owner had no  knowledge
  that  the  part  was  unidentifiable  and  that  such  owner was neither
  responsible for rendering such part unidentifiable nor acting in concert
  with any person who rendered or had such part  rendered  unidentifiable.
  Such  a  transfer  may  be  made  to  a  person  who is presumed to have
  determined and to know identification  numbers  on  motor  vehicles  and
  parts  pursuant to subdivision one of section four hundred twenty-one of
  this article only upon payment  to  the  department  or  to  the  police
  department  of  an amount equal to the reasonable wholesale value of the
  part. Such a transfer may be  made  to  any  other  person  without  any
  payment  being made to the department or police department provided that
  the department or police department is satisfied  that  the  person  has
  been  the  owner  of  the vehicle with the unidentifiable part contained
  therein for a period of at least eighteen months.    Such  findings  may
  only be made after an investigation and, if appropriate, a hearing. Such
  investigation  shall  be  made  promptly by the department or the police
  department upon the request of such owner. Proceeds from the transfer of
  any such part shall be paid into  the  general  fund  of  the  state  if
  transferred  by  the department or the division of state police, or into
  the general fund of the appropriate local authority, if transferred by a
  local police department. No such part shall be so  transferred  until  a
  special  identification  number  has  been  affixed to such part and the
  appropriate fee has been paid by the owner of the vehicle.
    4. Whenever a vehicle or part which is in the possession of the  state
  police or any other state agency or a local police agency or other local
  authority  is  returned  to an owner, the cost of making delivery of the
  vehicle or part shall be a charge upon such owner. With respect to motor
  vehicles, trailers and parts held by the state police or any other state
  agency, the commissioner  of  the  office  of  general  services,  after
  consultation  with  the commissioner of motor vehicles, shall promulgate
  regulations  to  effectuate  the  provisions  of  this   section.   Such
  regulations may include, but shall not be limited to, provisions for the
  removal  of  parts  from  vehicles, the storage and sale of vehicles and
  parts and the recovery  of  costs  incurred  in  performing  the  duties
  required herein.
    5.  Notwithstanding any other provision of law, if the commissioner is
  holding a vehicle or vehicle part, upon determination  of  the  rightful
  owner  of  the  vehicle  or  vehicle  part,  the commissioner shall give
  written notice to the owner to retrieve such vehicle  or  vehicle  part.
  Fifteen  days  after  the  receipt of such notice by certified mail, the
  commissioner shall impose a storage charge of ten dollars a  day  for  a
  vehicle  and  five  dollars  a  day  for a vehicle part or parts. Unpaid
  storage charges shall be a lien upon the vehicle  or  vehicle  part  and
  such  lien may be foreclosed in accordance with article nine of the lien
  law. Any moneys collected  as  storage  charges  or  as  the  result  of
  foreclosure of liens for storage shall be used to fund the motor vehicle
  theft prevention program established by section two hundred twenty-three
  of this chapter.

   S 424. Stolen  or  impounded motor vehicles. 1. (a) Agencies which are
  members of the New  York  statewide  police  information  network  shall
  report  any theft, recovery or impounding of a motor vehicle, trailer or
  part or parts thereof to such network. Agencies which are not members of
  the New York  statewide  police  information  network  shall  make  such
  reports through a member agency.  Such reports shall if possible contain
  at  least the vehicle identification number, the date of theft, recovery
  or impounding of the vehicle, the license plate  number  and  where  the
  vehicle  was  stolen,  recovered  or impounded and the name, address and
  telephone number of the facility where such  vehicle  has  been  stored.
  Such  information  shall  be made available to the commissioner of motor
  vehicles. The commissioner may  assist  in  providing  information  with
  respect  to stolen or recovered motor vehicles, trailers and parts as he
  may deem advisable.
    (b) For the purposes of this subdivision the term "impound"  shall  be
  deemed  to  include the taking into possession by an agency of any motor
  vehicle which has been abandoned, repossessed, seized pending forfeiture
  proceedings, taken into custody or held as evidence in the course  of  a
  police  investigation,  required to be impounded by law, or in any other
  way taken into possession or held by an agency  under  circumstances  in
  which  the  owner may not reasonably have knowledge of the status of the
  vehicle. Nothing contained herein shall preclude  a  police  department,
  which   has   taken   a  vehicle  into  custody  under  these  or  other
  circumstances, from entering a  vehicle  into  the  New  York  statewide
  police  information  network  as  an  impounded  vehicle  to  facilitate
  location of the vehicle by its owner.
    2. Any policeman, state trooper or peace officer  acting  pursuant  to
  his  special  duties  shall have the power to seize any motor vehicle or
  trailer in the state when there is good  reason  to  believe  that  such
  motor  vehicle or trailer has been stolen. Unless the vehicle is subject
  to the  provisions  of  section  four  hundred  twenty-three-a  of  this
  article,  the  appropriate  agency shall contact the owner of such motor
  vehicle or trailer, if  known,  and,  after  any  stolen  vehicle  alarm
  resulting  from  such  theft  has been cancelled, release the vehicle to
  such owner. If the owner thereof cannot  be  ascertained  in  accordance
  with  procedures established by regulations of the commissioner, a local
  police agency shall dispose of such  vehicle  as  an  abandoned  vehicle
  pursuant  to section twelve hundred twenty-four of this chapter, and the
  state police shall hold such vehicle for, or deliver it to the office of
  general services.

   S 425. Repossession  of motor vehicle or motorcycle; garageman's lien;
  notice to police. 1. Any person, firm or corporation, or agent, employee
  or representative thereof, repossessing or retaking a motor  vehicle  or
  motorcycle  pursuant  to  the  provisions of article nine of the uniform
  commercial  code,  or  other  authority  of  law,  or  any  contract  or
  agreement,  shall,  immediately following such repossession or retaking,
  personally appear at a station house  or  other  office  of  the  police
  department,  or  agency  or  officer  performing  like functions, in the
  locality wherein such repossession or retaking occurred, give notice  to
  such  department, agency or officer of such repossession or retaking and
  thereafter and within twenty-four hours personally deliver  or  mail  by
  special  delivery first class mail to the nearest motor vehicle district
  office, (a) notice of such repossession or retaking in such form as  the
  commissioner may require and (b) the number plates of such motor vehicle
  or  motorcycle.  Notice  of such repossession or retaking, including the
  name and address of the person,  firm  or  corporation  repossessing  or
  retaking  the same, shall also be given within twenty-four hours thereof
  to the owner of such motor vehicle or motorcycle, either  personally  or
  by registered or certified mail directed to such owner at his last-known
  address.  Unless  the  motor vehicle or motorcycle can be repossessed or
  retaken without breach of the peace, it shall be repossessed or  retaken
  by  legal  process,  but  nothing herein contained shall be construed to
  authorize a violation of the criminal law.
    2.  Any  person,  firm  or  corporation,   or   agent,   employee   or
  representative  thereof  holding  a  motor vehicle or motorcycle under a
  lien for repairs or storage pursuant to any authority  of  law,  or  any
  contract  or  agreement  shall  return  any registration plates for such
  vehicle  which  are  in  his  possession  to  the  registrant  upon  the
  registrant's  request,  or  if not so returned shall, within twenty-four
  hours after such request, personally deliver or mail by special delivery
  first class mail to the nearest motor vehicle office (a) notice of  such
  holding  in such form as the commissioner may require and (b) the number
  plates of such motor vehicle or motorcycle.

  S 426. Punishment  for  making  false statement; stolen vehicles.  Any
  person who shall knowingly make any false statement of a  material  fact
  in  any  endorsement  of  a  certificate of registration, certificate of
  title or other proof of ownership, upon a sale or transfer  of  a  motor
  vehicle  or  trailer,  or who, with intent to procure or pass title to a
  motor vehicle or trailer which he knows, or has reason to  believe,  has
  been stolen, shall receive or transfer possession of the same from or to
  another,  or  who  shall  have  in  his  possession any motor vehicle or
  trailer which he knows, or has reason to believe, has been  stolen,  and
  who  is not an officer of the law engaged at the time in the performance
  of his duty as such officer shall be guilty of a class E felony.

   S 427. Disposition  of registration fees. 1. The commissioner of motor
  vehicles shall deposit all fees collected under this chapter, except  as
  otherwise provided in subdivision twenty-one of section four hundred one
  of  this  chapter, in a responsible bank, banking house or trust company
  in the city of Albany, which shall pay the highest rate of  interest  to
  the  state for such deposit, to the credit of the comptroller on account
  of the motor vehicle law.  Every  such  bank,  banking  house  or  trust
  company  shall execute and file in the office of the department of audit
  and control an undertaking to the state,  in  the  sum,  and  with  such
  sureties,  as  are required and approved by the comptroller for the safe
  keeping and prompt payment on legal demand therefor of all  such  moneys
  held  by  or  on  deposit in such bank, banking house, or trust company,
  with interest thereon on daily balances at such rate as the  comptroller
  may  fix.  Every such undertaking shall have endorsed thereon or annexed
  thereto the approval  of  the  attorney-general  as  to  its  form.  The
  comptroller  shall on the first day of each month make a verified return
  to the department of taxation and finance, of all fees received  by  him
  under  this  chapter  during the preceding calendar months, stating from
  what county received and by whom and when paid.
    2. The comptroller, after reserving sufficient to provide at all times
  a fund in his hands of five thousand dollars out of which he  shall  pay
  any  refund under this chapter, approved by him and by the commissioner,
  shall on or before the tenth day of each month pay to the department  of
  taxation  and  finance  the  balance to his credit in such bank, banking
  house or trust company, on account of fees collected under this  chapter
  at the close of business on the last day of the preceding month and such
  department  shall  pay  such  balance into the general fund of the state
  treasury.
    3. An amount equal to ninety per  centum  of  the  fees  specified  in
  subdivision  two  of this section shall be appropriated and used for the
  construction, reconstruction, maintenance and  repair  of  highways  and
  bridges,  under  the  direction of the department of transportation; and
  for inspection, regulation, and research in the control of motor vehicle
  exhaust emissions under the direction of the department of environmental
  conservation. The amount available for control of motor vehicle  exhaust
  emissions  from  said  ninety  per centum of the fees collected shall be
  computed at the rate of five cents per registration issued and shall  be
  available  for  payment  to  the  state  purposes  fund for repayment of
  advances made in the first instance from that fund for control of  motor
  vehicle emissions.

    S 428. Refunds.  1.  Any  fee  paid  for the registration of a vehicle
  under the provisions of this chapter shall be refunded, less the sum  of
  one dollar, provided that the commissioner and the state comptroller are
  satisfied  that the registration has not been used and the number plates
  and sticker have been surrendered to the commissioner within two  months
  after  the  date  the  fee was paid or the beginning of the registration
  period for which the registration was issued, whichever comes later  and
  application therefor is filed with the commissioner within the period of
  validity for which such registration was issued.
    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, if a registration is issued for a period of not less  than  two
  years  pursuant  to  paragraph  c  of  subdivision  five of section four
  hundred one of this chapter, the registration fee paid  for  the  period
  commencing  after  the  first  twelve  month period of such registration
  shall be refunded less the sum of one dollar provided the number  plates
  are  surrendered  to the commissioner before the end of the first twelve
  month period of such registration and application therefor is filed with
  the commissioner within two months from  the  expiration  of  the  first
  twelve month period of such registration.
    1-b.  The  commissioner  is  directed to make public notification that
  registration fees shall be refunded and to send by first  class  mail  a
  written notice and an application for refund of any registration fees to
  any   person   entitled  to  a  registration  fee  refund  according  to
  subdivision one-a of this section that  has  been  unable  to  obtain  a
  registration  fee  refund  during the period commencing September first,
  nineteen  hundred  ninety-seven  and  ending  June  thirtieth,  nineteen
  hundred ninety-eight.  Such written notice shall advise such person that
  a  registration fee shall be refunded after an application for refund is
  filed with the commissioner. Such  public  notification  shall  be  made
  through  such  newspapers  throughout all regions of the state as may be
  designated by the commissioner.
    No application for a refund  of  registration  fees  shall  be  denied
  because of the failure to file an application therefor within two months
  of  the  expiration  date  of  the  first  twelve  month  period of such
  registration if such  registration  was  surrendered  between  September
  first,  nineteen  hundred  ninety-seven  and  June  thirtieth,  nineteen
  hundred ninety-eight and the applicant therefor has not received  credit
  for  such  registration  fees pursuant to section four hundred twenty of
  the vehicle and traffic law.
    2. Upon the surrender to the commissioner  of  the  number  plates  or
  plate  issued  for  a  vehicle  registered  under the provisions of this
  chapter and the furnishing of proof satisfactory to the commissioner and
  the state comptroller that the owner of the vehicle  entered  the  armed
  forces  of the United States after such vehicle was registered, and that
  the registration of such vehicle is  in  full  effect,  there  shall  be
  refunded  to  such  owner,  or  to  such person as he shall designate in
  writing, a sum equal to as  many  twelfths  of  the  fee  paid  for  the
  registration  of  the  vehicle  as there are full calendar months in the
  registration year following the date of the receipt of the number plates
  or plate, less the sum of one dollar.
    3. Where a refund of any part of a registration fee is  made  pursuant
  to  the  foregoing  provisions  of  this section, the registration shall
  thereupon be automatically cancelled.
    4. The application fee accompanying  an  accepted  application  for  a
  driver's license shall in no case be refunded.
    5. Money paid for fees in excess of the amounts required by law may be
  refunded   subject  to  approval  of  the  commissioner  and  the  state
  comptroller,  provided  application   therefor   is   filed   with   the
  commissioner  within  one  year after the date the fee was paid or, with
  respect to fees paid for a registration, on or before the expiration  of
  the registration for which such fee was paid, whichever occurs later.

   S 429. Junk  and salvage vehicles. 1. Requirements upon acquisition of
  junk or salvage vehicles. (a)  By  an  insurance  company.  Whenever  an
  insurance  company acquires a motor vehicle in settlement of a claim for
  damage thereto or theft thereof, such company shall deliver a  statement
  concerning  such  acquisition  to  the  commissioner as provided in this
  section. Such company shall deliver the  certificate  of  title  or  any
  other  ownership  documents  relating  to  such  motor  vehicle properly
  executed to transfer title from the insured to the company  and  notices
  of  release of security interest from any lienholder whose lien has been
  satisfied  to  the  commissioner  with   the   required   statement   of
  acquisition.
    (b)  By  a  vehicle  dismantler. Whenever a person who is engaged in a
  business requiring him to be registered as a vehicle  dismantler  or  an
  itinerant vehicle collector acquires a motor vehicle which has been sold
  or  otherwise  disposed  of  as  junk  or for salvage, such person shall
  deliver a statement concerning such acquisition to the  commissioner  as
  provided  in  this section. Such person shall deliver the certificate of
  title or any other ownership documents relating to  such  motor  vehicle
  properly  executed  to  transfer  title by the transferor to the vehicle
  dismantler or itinerant vehicle collector  and  notices  of  release  of
  security  interest  from any lienholder whose lien has been satisfied to
  the commissioner with the required statement  of  acquisition.  However,
  the  provisions  of  this subdivision shall not apply to a vehicle which
  has been transferred to a vehicle dismantler  registered  under  section
  four  hundred  fifteen-a  of  this chapter by means of a document issued
  pursuant to this section.
    (c) By other persons. Whenever a person other than a person  described
  in  paragraph  (a)  or  (b)  of this subdivision acquires ownership of a
  motor vehicle which has been sold or otherwise disposed of  as  junk  or
  salvage  or  which  is  to  be  dismantled for use other than as a motor
  vehicle,  such  person  shall  deliver  a  statement   concerning   such
  acquisition to the commissioner as provided in this section. Such person
  shall deliver the certificate of title and any other ownership documents
  relating  to  such  motor vehicle properly executed to transfer title by
  the transferor to  such  person  and  notices  of  release  of  security
  interest  from  any  lienholder  whose  lien  has  been satisfied to the
  commissioner with the required statement of  acquisition.  However,  the
  provisions  of  this  subdivision shall not apply to a vehicle which has
  been transferred to any such  person  by  means  of  a  document  issued
  pursuant  to this section or to a scrap processor by a person registered
  or certified pursuant to section four hundred fifteen-a of this chapter.
    (d) A statement of  acquisition  and  all  documents  required  to  be
  submitted  to  the  commissioner pursuant to this section or regulations
  promulgated thereunder must be so submitted within the time specified by
  regulation  of  the  commissioner.    Any  person  who,  knowingly   and
  willfully,  and  with intent to defraud a subsequent purchaser as to the
  applicable status of a motor vehicle, makes any false  statement  on  an
  application for title or duplicate title for a motor vehicle pursuant to
  this  section  or  fails  to  submit  the  statement  of acquisition and
  supporting documentation to the commissioner within the  time  specified
  by  regulation shall be subject to a civil penalty of up to two thousand
  dollars for each offense found to have been committed. Such penalty  may
  only  be  imposed  if  such  person  has had the opportunity to be heard
  before an officer or employee of  the  department  designated  for  such
  purpose  by  the  commissioner,  upon  any charge of a violation of this
  paragraph or regulations promulgated by the commissioner with respect to
  this paragraph.
    1-a. Requirements for certain fleet vehicles.  (a)  Whenever  a  motor
  vehicle titled or registered by a fleet owner becomes a severely damaged
  fleet  vehicle,  prior  to  the  transfer  of  such vehicle or any major
  component part thereof,  the  fleet  owner  shall  deliver  a  statement
  concerning  such  occurrence  to  the  commissioner  as provided in this
  section. Such fleet owner shall deliver the certificate of title in  its
  name or any other ownership documents relating to such motor vehicle and
  notices  of  release of security interest from any lienholder whose lien
  has been satisfied to  the  commissioner  with  the  required  statement
  concerning  such  occurrence.  Such  a statement shall be subject to all
  provisions of law applicable to a statement of acquisition except as may
  otherwise be specified by regulation of the commissioner.
    (b) For the purposes of this section,  a  fleet  owner  shall  mean  a
  person  who has twenty-five or more vehicles titled or registered in his
  name in this state and who does  not  have  such  vehicles  insured  for
  damage  or  theft  by  an  insurance company duly authorized to transact
  business in this state.
    (c) For the purposes of this section, a severely damaged fleet vehicle
  shall mean a motor vehicle titled or registered in the name of  a  fleet
  owner  in  this  state or in any other state or province of Canada which
  has received damage and which has not been placed back in fleet  use  by
  the  fleet owner subsequent to receipt of such damage. However, it shall
  not include a motor vehicle titled and registered in another state or  a
  province  of Canada if the damage was incurred outside of this state and
  the vehicle is sold by the fleet owner outside of this state,  or  shall
  include  a motor vehicle which has a fair market value after such damage
  of at least sixty percent of the  fair  market  value  of  an  undamaged
  similar model vehicle unless such motor vehicle requires the replacement
  of the engine in order to be made operable.
    (d)  If  a  severely damaged fleet vehicle is sold by a fleet owner in
  violation of this section, the purchaser or any  subsequent  good  faith
  purchaser,  may  rescind  such sale and recover the price he paid to his
  transferor for the  vehicle  from  the  fleet  owner.  Recovery  of  the
  purchase price may be enforced in a civil action to recover damages.
    (e)  The provisions of this subdivision shall not apply to any vehicle
  titled or registered in the name of a  public  utility  subject  to  the
  authority  of  the  public service commission for which such utility has
  obtained an exemption in accordance with  the  following  provisions  of
  this  subdivision.  In  order to obtain such exemption, the utility must
  forward to the commissioner a listing, including model  year,  make  and
  vehicle identification number of any or all vehicles for which exemption
  is  requested not more than sixty and not less than thirty days prior to
  the date of proposed sale of such  vehicle  or  vehicles.  Such  listing
  shall  contain  the  date,  time  and  place  of such proposed sale. Any
  vehicle contained on such listing shall be exempt from the provisions of
  this subdivision, but such  exemption  shall  be  applicable  only  with
  respect  to  a  sale of any such vehicle made upon the date contained on
  the listing.
    2. Transfer of junk  and  salvage  vehicles.  (a)  When  an  insurance
  company,  vehicle dismantler, fleet owner, or any other person submits a
  statement of acquisition for a junk or salvage  vehicle  or  a  severely
  damaged  fleet  vehicle, as provided in subdivision one or one-a of this
  section, such insurance company, vehicle  dismantler,  or  other  person
  shall  prepare  and  distribute a statement of acquisition in accordance
  with regulations  promulgated  by  the  commissioner.  A  copy  of  such
  statement  of  acquisition designated by the commissioner shall serve as
  proof of ownership for  the  vehicle  and  shall  provide  a  method  of
  transfer  of  such  a  vehicle  as  a  junk  vehicle and may serve as an
  application for title if the vehicle is  subsequently  rehabilitated  or
  repaired for the purpose of being operated upon the public highways.
    (b)  The provisions of section four hundred twenty-one of this chapter
  prohibiting the sale of a motor  vehicle  with  a  removed,  altered  or
  defaced  vehicle identification number plate shall not apply to the sale
  of any junk or salvage vehicle or any  severely  damaged  fleet  vehicle
  from  an  insurance  company,  a  vehicle dismantler, a local authority,
  fleet owner or a dealer registered under section four hundred fifteen of
  this chapter provided the proof of ownership for such  vehicle  consists
  of  a  valid  statement of acquisition and such statement of acquisition
  which transfers ownership of such vehicle  indicates  that  the  vehicle
  identification number plate is missing, altered or defaced.
    (c)  No  person  shall sell or advertise for sale or solicit a bid for
  the purchase  of  a  junk  or  salvage  vehicle  without  notifying  any
  prospective purchaser or bidder of the existence or non-existence of any
  security  interest  with  respect  to such junk or salvage vehicle. If a
  security interest exists with respect to such vehicle, the name or names
  and address or addresses of the secured party or parties  must  also  be
  provided to the prospective purchaser or bidder.
    3.  Items  to  be  surrendered before intentional destruction of motor
  vehicles. A certified scrap processor or registered  vehicle  dismantler
  may  crush  a  motor  vehicle  still displaying a vehicle identification
  number plate.  The  crushing  must  be  so  complete  that  the  vehicle
  identification  number  plate cannot be readily removed. No other person
  shall cause or permit  a  motor  vehicle  to  be  scrapped,  permanently
  dismantled  or  otherwise  intentionally  destroyed  unless  the vehicle
  identification number plate of  such  motor  vehicle  has  been  removed
  therefrom and either destroyed or delivered to the commissioner together
  with all title or any other ownership documents pertaining to such motor
  vehicle  as  provided  in  this  section.  If the vehicle identification
  number plate is not delivered to the commissioner, a  notice  indicating
  the  disposition  of  such  plate must accompany the ownership documents
  required to be submitted to the commissioner.
    4. Forms and documents. Any forms or  documents  used  in  conjunction
  with  this section shall be in a form prescribed by the commissioner and
  shall set forth a complete description of the motor  vehicle,  the  name
  and  address  of  the  person  to  whom  such  motor vehicle was sold or
  transferred or from whom such motor vehicle was acquired  together  with
  any  other information deemed necessary or desirable by the commissioner
  to effectuate the provisions and purposes  of  this  section.  Any  such
  statement, document or item required to be delivered to the commissioner
  by  any  provision  of  this  section  shall  be  deemed to have been so
  delivered when it has been either personally delivered or sent  by  mail
  to the office of the commissioner at the address designated by him.
    4-a.  Fees  for statement of acquisition. The statement of acquisition
  provided for in this section shall be issued as prescribed by regulation
  of the commissioner upon payment of a fee of five dollars for each  such
  statement. Such fee shall be paid to the commissioner for deposit in the
  general fund.
    5.  Motor  vehicle  subject  to  requirements.  The provisions of this
  section shall apply to all motor vehicles sold, surrendered or otherwise
  disposed of, or acquired, or intentionally destroyed, within this  state
  for  which a certificate of title has been issued by the commissioner or
  which would be eligible to have such a certificate of title issued.
    6. Penalties. A violation of any provision of this section shall be  a
  misdemeanor.

   S 430. Retail  sale  of junk and salvage vehicles. 1. Whenever a motor
  vehicle for which a notice  of  acquisition  is  required  to  be  filed
  pursuant  to  section  four hundred twenty-nine of this article is to be
  registered for use on the public highway, the person holding  the  proof
  of ownership for such vehicle must surrender such proof of ownership and
  make  application  for  a  certificate  of  title.  Except  as otherwise
  provided herein, the commissioner shall require the physical examination
  of any such vehicle by a designated employee of the department before  a
  title  will  be issued. Upon a request made with such an application for
  title, the commissioner may issue a  temporary  permit  which  shall  be
  valid for the operation of such vehicle upon the public highways of this
  state,  in  accordance with regulations promulgated by the commissioner,
  from the date of its issuance until five days after the  scheduled  date
  of the examination for such vehicle, including the transportation of the
  motor  vehicle  to  and from the physical examination site, provided the
  application is accompanied  by  proof  of  inspection  and  evidence  of
  insurance   coverage   satisfactory   to  the  commissioner.  Upon  such
  examination for identification, the  employee  making  such  examination
  shall,  in  accordance with regulations promulgated by the commissioner,
  determine whether a  special  vehicle  identification  number  shall  be
  issued  for  such  vehicle.  A fee of one hundred fifty dollars shall be
  paid to the commissioner before such examination shall be  scheduled  or
  made.  Such fee shall be forfeited if the motor vehicle is not presented
  for examination as scheduled unless the appointment for such examination
  has  been  cancelled  or  postponed  in  accordance   with   regulations
  promulgated  by  the  commissioner.  If a special vehicle identification
  number is issued after such examination,  no  additional  fee  shall  be
  required for such issuance.
    2.  The  provisions  of  subdivision  one  of this section relating to
  inspection for identification by an employee of the department shall not
  apply to a motor vehicle which has  been  transferred  to  an  insurance
  company in settlement of a claim for the theft of such vehicle, provided
  the following conditions are met:
    (i)  no  major  component  part of the motor vehicle has been replaced
  since the theft of such vehicle,
    (ii) repairs made to the motor vehicle  since  the  recovery  of  such
  vehicle  either  have  not exceeded one-fourth of the amount paid by the
  insurance company in settlement of the claim or have  not  exceeded  one
  thousand dollars,
    (iii)  the  vehicle identification number and all other manufacturers'
  identifying numbers on the motor  vehicle  have  been  examined  by  the
  insurance  company and are intact in the same form as at the time of the
  theft of such vehicle,
    (iv) an affidavit sworn to by an officer of the insurance  company  is
  submitted  by  the insurance company which made payment in settlement of
  the claim for theft with the application for  title  certifying  to  the
  above conditions, which affidavit shall also certify additional facts as
  required  by the commissioner relating to the theft and recovery of such
  vehicle and the amount of settlement and repair costs.
    3. The commissioner may,  by  regulation,  exempt  vehicles  from  the
  physical  examination  required by subdivision one of this section based
  upon the age of  the  vehicles  if  the  commissioner  deems  that  such
  physical examination would not further the purposes of the motor vehicle
  theft prevention program established by section two hundred twenty-three
  of this chapter.
    4.  Fees; deposited. Fees assessed under this section shall be paid to
  the commissioner for deposit to the general fund, with the exception  of
  the  fifty  dollar  increase  in  the  fee for scheduling an examination
  pursuant to subdivision one of this section, which shall be deposited to
  the dedicated highway and bridge  trust  fund  established  pursuant  to
  section  eighty-nine-b  of  the state finance law and the dedicated mass
  transportation fund established pursuant to section eighty-nine-c of the
  state  finance  law  and  distributed  according  to  the  provisions of
  subdivision (d) of section three hundred one-j of the tax law.

  S 431. Vehicle   identification  numbers.  1.  Every  manufacturer  or
  assembler of a vehicle sold in this state  shall  provide  such  vehicle
  with   a   vehicle  identification  number  and,  upon  request  of  the
  commissioner, shall inform him concerning the location or  locations  of
  every  vehicle  identification  number  and other identifying numbers on
  such vehicle. The  commissioner  may  refuse  to  register  or  issue  a
  certificate  of  title for a vehicle made by a manufacturer or assembler
  who fails to comply with this section.
    2. Whenever a special vehicle identification number has been issued by
  the commissioner, notification of such fact shall be promptly  forwarded
  by  the  commissioner  to  the  central  organization  designated by the
  superintendent of financial services pursuant to section three  thousand
  four hundred twelve of the insurance law.

Top of Page

Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
Title 1 | Title 2 | Title 3 | Title 4 |Title 5 | Title 6 |Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | 01 | 02 | 2A | 2B | 03 | 3A | 04 | 05 | 5A | 06 | 07 | 08 | 09 | 10 |11 | 12 | 12a | 12b | 12c | 13 | 14 | 14A | 14B | 15 | 15A | 16 | 17 | 17A | 17A* | 17B | 17C | 18 | 19 | 19A | 19B | 20 | 21 | 21A | 21B | 21C | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 34A | 34B | 34C | 35 | 36 | 37 | 38 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 44A | 45 | 46 | 47 | 48 | 48A | 48B | 48C | 49 | 50

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.