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Vehicle and Traffic Law

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Article 46 - NY Vehicle and Traffic Law

UNIFORM VEHICLE CERTIFICATE OF TITLE ACT

Section Description
2101Definitions.
2102Exclusions.
2103Excepted liens and security interests; buyer from manufacturer or dealer.
2104Certificate of title required.
2105Application for first certificate of title.
2105-aLiens on motor vehicles for failure to make child support payments.
2106Examination of records.
2107Issuance and records.
2108Contents and effect.
2109Delivery.
2110Registration without certificate of title.
2111Refusing certificate of title.
2112Lost, stolen or mutilated certificates.
2113Transfer.
2114Transfer to or from dealer; records.
2115Transfer by operation of law.
2116Additional requirements for applications.
2117When commissioner to issue new certificate.
2118Perfection of security interests.
2119Security interest.
2120Assignment by lienholder.
2121Release of security interest.
2122Duty of lienholder.
2123Exclusiveness of procedure.
2124Suspension or revocation of certificates.
2125Fees.
2126Powers of commissioner.
2127Hearings.
2128Court review.
2129Stolen, converted, recovered and unclaimed vehicles.
2130Offenses relating to certificates.
2131Evidence of criminal intent or knowledge.
2132Effect on other laws.
2133Uniformity of interpretation.
2134Short title.
2135Severability.
  S 2101. Definitions.  Except  when  the context otherwise requires, as
  used in this article:
    (a) "Dealer" means a person registered as a dealer under section  four
  hundred fifteen or twenty-two hundred fifty-seven of this chapter.
    (b)  "Commissioner"  includes  the  office  and a branch office of the
  commissioner and, when authorized to receive a document or fee as  agent
  of the commissioner, the clerk of a county.
    (c)  "Identifying  number" means the numbers, and letters if any, on a
  vehicle designated by the commissioner for the  purpose  of  identifying
  the vehicle.
    (d)  "Implement  of  husbandry"  means  a vehicle designed and adapted
  exclusively  for  agricultural,  horticultural  or   livestock   raising
  operations  or  for lifting or carrying an implement of husbandry and in
  either case not subject to registration if used upon the highways.
    (e) "Lienholder" means a person  holding  a  security  interest  in  a
  vehicle.
    (f)  To  "mail"  means  to  deposit in the United States mail properly
  addressed and with postage prepaid.
    (g) "Owner" means a  person,  other  than  a  lienholder,  having  the
  property  in  or title to a vehicle. The term includes a person entitled
  to the use and possession of a vehicle subject to a security interest in
  another person, but excludes a lessee under  a  lease  not  intended  as
  security.
    (h) "Person" means a natural person, firm, co-partnership, association
  or corporation.
    (i) "Pole trailer" means a vehicle without motive power designed to be
  drawn  by another vehicle and attached to the towing vehicle by means of
  a reach, or pole, or by being boomed or otherwise secured to the  towing
  vehicle, and ordinarily used for transporting long or irregularly shaped
  loads  such  as  logs,  poles,  pipes,  or  structural  members capable,
  generally, of sustaining themselves  as  beams  between  the  supporting
  connections.
    (j)  "Security  agreement" means a written agreement which reserves or
  creates a security interest.
    (k) "Security interest" means an interest in  a  vehicle  reserved  or
  created  by  agreement  and  which  secures payment or performance of an
  obligation. The term includes the interest of a  lessor  under  a  lease
  intended  as security.   The term also includes an interest in a vehicle
  pursuant to a lien arising under section two hundred eleven of the  lien
  law  and  section  one  hundred  eleven-u of the social services law.  A
  security interest is "perfected" when it is valid against third  parties
  generally, subject only to specific statutory exceptions.
    (l)  "Special  mobile  equipment" means a vehicle not designed for the
  transportation  of  persons  or  property  upon  a  highway   and   only
  incidentally operated or moved over a highway, which if registered would
  be  registered  pursuant  to  schedule F of subdivision seven of section
  four hundred one of this chapter.
    (m) "State" means a state,  territory  or  possession  of  the  United
  States,  the District of Columbia, the Commonwealth of Puerto Rico, or a
  province of the Dominion of Canada.
    (n) "Vehicle" means a  vehicle  as  defined  in  section  one  hundred
  fifty-nine of this chapter except that it shall not include a device for
  which  a  registration  is  denied pursuant to section four hundred-a of
  this chapter and, except with respect to section twenty-one hundred  two
  of  this  article,  shall  also  mean  a  vessel  as  defined in section
  twenty-two hundred fifty of this chapter.  Unless  otherwise  specified,
  "vehicle" also means a "mobile home" or a "manufactured home" as defined
  in section one hundred twenty-two-c of this chapter.

  S 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.

  S 2103. Excepted liens and security interests; buyer from manufacturer
  or dealer. This article does not apply to or affect:
    (a)  A  lien given by statute or rule of law to a supplier of services
  or materials for the vehicle;
    (b) A lien given by statute to the United States, this state,  or  any
  political subdivision of this state except for liens arising pursuant to
  section  two  hundred  eleven  of  the  lien law and section one hundred
  eleven-u of the social services law;
    (c) A security interest in a vehicle  created  by  a  manufacturer  or
  dealer who holds the vehicle for sale as distinguished from a person who
  holds  the vehicle for lease, but a buyer in ordinary course of business
  from a manufacturer or a dealer who holds the vehicle for sale,  whether
  or  not  he  may  have  held  it  for  lease, takes free of any security
  interest created by him in the vehicle.
    (d) A security interest in a vehicle acquired by the state of New York
  and financed by certificates of participation pursuant to article five-A
  of the state finance law.

   S 2104. Certificate  of  title required.  (a) Every owner of a vehicle
  which is in this state and is not excluded from provisions of this title
  by section two thousand one hundred two of this article, and  for  which
  no  certificate  of title has been issued by the commissioner shall make
  application to the commissioner  for  a  certificate  of  title  of  the
  vehicle  within  thirty  days  after  transfer  to  him  of the vehicle;
  provided, however, that a person may, but need not, make application  to
  the  commissioner  for a certificate of title for a fire truck designed,
  used and maintained for fire service purposes and the transportation  of
  property  in connection therewith owned and identified as being owned by
  the state, a public authority, a county, town,  city,  village  or  fire
  district,  or  a fire corporation subject to the provisions of paragraph
  (e) of section fourteen hundred two of  the  not-for-profit  corporation
  law,  or a fire company as defined in section one hundred of the general
  municipal law.
    (b) The commissioner shall not register or renew the registration of a
  vehicle  unless  a  certificate  of  title  has  been  issued   by   the
  commissioner  to  the  owner or an application therefor has been made by
  the owner and delivered to the commissioner.

   S 2105. Application   for   first   certificate   of  title.  (a)  The
  application for the first certificate of title  of  a  vehicle  in  this
  state  shall  be  made  by  the owner to the commissioner on the form he
  prescribes and shall contain or be accompanied by:
    (1) The name, residence and mail address and social security number of
  the owner;
    (2) A description of the vehicle including, so far  as  the  following
  data exists: its make, year model, identifying number, type of body if a
  motor vehicle or hull material if a vessel, and whether new or used, and
  any other information required by the commissioner;
    (3)  The  date  of  purchase by applicant, the name and address of the
  person from whom the vehicle was acquired and the names and addresses of
  any lienholders in the order of their apparent priority;
    (4) A statement signed by the applicant, stating either, (i) any facts
  or information known to him that could reasonably affect the validity of
  the title of the vehicle or the existence or non-existence  of  security
  interests  in it; or (ii) that no such facts or information are known to
  him; and
    (5) Any other information and documents  the  commissioner  reasonably
  requires  to identify the vehicle and to enable him to determine whether
  the owner is entitled to a certificate of title  and  the  existence  or
  non-existence of security interests in the vehicle.
    (b) If the application refers to a vehicle purchased from a dealer, it
  shall  contain the name and address of any lienholder holding a security
  interest created or reserved at the time of the sale and  be  signed  by
  the  dealer  as well as the owner, and the dealer shall promptly mail or
  deliver the application to the commissioner.
    (c) If the application refers to a vehicle last previously  registered
  or  licensed  in another state or country, the application shall contain
  or be accompanied by:
    (1) Any certificate of title issued by the other state or country;
    (2) Any other information and documents  the  commissioner  reasonably
  requires  to establish the ownership of the vehicle and the existence or
  non-existence of security interests in it.
    (d) If the commissioner is not satisfied as to the  ownership  of  the
  vehicle  or  that there are no undisclosed security interests in it, the
  commissioner may register the vehicle but  shall  either:  (1)  withhold
  issuance  of  a  certificate  of  title  until  the  applicant  presents
  documents reasonably sufficient to satisfy the commissioner  as  to  the
  applicant's  ownership  of the vehicle and that there are no undisclosed
  security interests in it; or (2) as a condition of issuing a certificate
  of title, require the applicant to file with  the  commissioner  a  bond
  prescribed  by  the commissioner and executed by the applicant, and by a
  person authorized to conduct a surety business in this state.  The  bond
  shall  be  in an amount equal to one and one-half times the value of the
  vehicle as determined by the commissioner and conditioned  to  indemnify
  any  prior  owner  and  lienholder  and  any subsequent purchaser of the
  vehicle or person acquiring any  security  interest  in  it,  and  their
  respective  successors  in interest, against any expense, loss or damage
  by reason of the issuance of the certificate of title of the vehicle  or
  on  account  of  any defect in or undisclosed security interest upon the
  right, title and interest of the applicant in and to  the  vehicle.  Any
  such  interested person has a right of action to recover on the bond for
  any breach of its conditions, but the aggregate liability of the  surety
  to  all  persons shall not exceed the amount of the bond. The bond shall
  be returned at the end of three years or prior thereto if the  currently
  valid  certificate  of  title is surrendered to the commissioner, but it
  shall  not  be  returned  prior  to  the  end  of  three  years  if  the
  commissioner  has  been notified of the pendency of an action to recover
  on the  bond  or  if  the  currently  valid  certificate  of  title  was
  surrendered  to  another  state  as  proof  of  ownership  to  obtain  a
  certificate  of  title  from  that state. Nothing contained herein shall
  require the commissioner of motor vehicles to  issue  a  certificate  of
  title upon the presentation of a bond.

   S 2105-a.  Liens  on motor vehicles for failure to make child support
  payments. (a) The commissioner, on behalf of the department, shall enter
  into a  written  agreement  with  the  commissioner  of  the  office  of
  temporary and disability assistance which shall set forth the procedures
  for creation of security interests on vehicles in favor of the office of
  temporary  and  disability assistance, a social services district or its
  authorized representative as provided for in section two hundred  eleven
  of  the lien law and section one hundred eleven-u of the social services
  law.
    (b) Such agreement shall include:
    (1) the procedures under which the office of temporary and  disability
  assistance  shall  notify  the department of a security interest arising
  for failure to make payments of child  support  or  combined  child  and
  spousal  support,  including  data  standards  for  determining that the
  person against whom such lien will be imposed is the person  owing  such
  arrears;
    (2)  the procedures under which the office of temporary and disability
  assistance shall notify the department that an individual has  satisfied
  the security interest;
    (3)  the  procedure,  subject  to  the approval of the director of the
  division of the budget, for reimbursement  of  the  department  and  its
  agents   for  the  additional  costs  of  carrying  out  the  procedures
  authorized by this section, section two hundred eleven of the  lien  law
  and section one hundred eleven-u of the social services law;
    (4)  such  other  matters  as the parties to such agreement shall deem
  necessary to carry out the  provisions  of  this  section,  section  two
  hundred  eleven  of the lien law and section one hundred eleven-u of the
  social services law.
    (c) A security interest arising under section two  hundred  eleven  of
  the  lien law and entered into the records of the department pursuant to
  this article shall be listed on  any  subsequent  certificate  of  title
  issued to such person for the same or any other vehicle.
    (d)  Notwithstanding  any  other  inconsistent  provision  of law, any
  purchaser of a vehicle which is subject to  a  security  interest  under
  this  section, including a motor vehicle dealer registered under section
  four  hundred  fifteen  of  this  chapter,  shall  take   such   vehicle
  unencumbered  by  such lien which was not recorded on the certificate of
  title used to transfer the vehicle.

  S 2106. Examination  of  records.  The  commissioner,  upon  receiving
  application  for  a  first  certificate  of  title,  shall   check   the
  identifying  number  of  the vehicle and the name or other identifier of
  the owner shown in the application against the  appropriate  records  of
  vehicles required to be maintained.

  S 2107. Issuance  and  records.  (a)  The commissioner shall file each
  application received and, when  satisfied  as  to  its  genuineness  and
  regularity  and  that  the  applicant  is  entitled to the issuance of a
  certificate of title, shall issue a certificate of title of the vehicle,
  except that the commissioner  may  require  that  any  such  vehicle  be
  inspected   in  a  manner  prescribed  by  him  for  conformity  to  the
  description given in the application before he issues a  certificate  of
  title.
    (b)  The  commissioner  shall maintain a record of all certificates of
  title issued by him:
    (1) Under a distinctive title number assigned to the vehicle;
    (2) Under the identifying number of the vehicle;
    (3) Alphabetically, under the name of the owner, unless  he  maintains
  alphabetical records of all owners holding certificates of registration;
    (4) Under the registration number of the vehicle; and
    (5)  In  the  discretion  of  the commissioner, in any other method he
  determines.
    (c) When the commissioner issues a certificate of title for a  vehicle
  as a result of an original application for a title or as a result of the
  filing  of  a  security  interest,  he  shall also issue and mail to the
  lienholder or lienholders named in the original application, or  to  the
  lienholder  who  filed  the  subsequent  security  interest  a notice of
  recorded lien.

   S 2108. Contents  and  effect. (a) Each certificate of title issued by
  the commissioner shall contain:
    (1) The date issued;
    (2) The name and address of the owner;
    (3) The names and addresses of any lienholders, in the order of  their
  apparent  priority as shown on the application or, if the application is
  based on a certificate of title, as shown on the certificate;
    (4) The title number assigned to the vehicle;
    (5) A description of the vehicle including, so far  as  the  following
  data  exists:  its make, year model, identifying number, type of body if
  a motor vehicle or hull material if a vessel, and whether new  or  used,
  and any other information required by the commissioner; and
    (6) Any other data the commissioner prescribes.
    (b)  The  certificate  of title shall contain forms for assignment and
  warranty of title by the owner, and for assignment and warranty of title
  by a dealer, and may contain forms for applications for a certificate of
  title by a transferee, the naming of a lienholder and the assignment  or
  release of the security interest of a lienholder.
    (c)  A  certificate of title issued by the commissioner is prima facie
  evidence of the facts appearing on it.
    (d)  A  certificate  of  title  for  a  vehicle  is  not  subject   to
  garnishment,  attachment,  execution or other judicial process, but this
  subsection does not prevent a lawful levy upon the vehicle.
    (e) Notwithstanding any other provision of law, a certificate of title
  to a vehicle which is a mobile home or a manufactured home issued by the
  commissioner is prima facie evidence  of  the  facts  appearing  on  it,
  notwithstanding  the fact that such vehicle, at any time, in any manner,
  shall have become attached to realty.

  S 2109. Delivery.  The  certificate  of  title  shall be mailed to the
  owner.

  S 2110. Registration without certificate of title. If the commissioner
  is not satisfied as to the ownership of the vehicle or that there are no
  undisclosed  security interests in it, the commissioner may register the
  vehicle but shall withold issuance of a certificate of title  until  the
  applicant  presents  documents  reasonably  sufficient  to  satisfy  the
  commissioner as to the applicant's ownership of  the  vehicle  and  that
  there are no undisclosed security interests in it.

   S 2111. Refusing  certificate  of title. The commissioner shall refuse
  issuance of a certificate of title if any required fee is not paid or if
  he has reasonable grounds to believe that:
    (a) The applicant is not the owner of the vehicle;
    (b) The application contains a false or fraudulent statement; or
    (c) The applicant fails to furnish required information  or  documents
  or any additional information the commissioner reasonably requires.

   S 2112. Lost,  stolen  or mutilated certificates. (a) If a certificate
  of title is lost, stolen, mutilated or destroyed or  becomes  illegible,
  the owner or legal representative of the owner named in the certificate,
  as  shown  by  the  records  of  the  commissioner,  shall promptly make
  application for and may obtain a duplicate upon  furnishing  information
  satisfactory  to  the  commissioner.  Unless the original certificate of
  title is surrendered to the commissioner, the duplicate  certificate  of
  title  shall contain the legend "This is a duplicate certificate and may
  be subject to the rights of a person under the original certificate." It
  shall be mailed to the owner.
    (b) A person recovering an original certificate of title for  which  a
  duplicate has been issued shall promptly notify the commissioner of such
  recovery  and  shall  comply  with  the  directions  of the commissioner
  relating to the disposition of such documents.

   S 2113. Transfer. (a) If an owner transfers his interest in a vehicle,
  other than by the creation of a security interest, he shall, at the time
  of  the  delivery  of the vehicle, execute an assignment and warranty of
  title  to  the  transferee  in  the  space  provided  therefor  on   the
  certificate or as the commissioner prescribes, and cause the certificate
  and  assignment  to  be  mailed  or  delivered  to  the  transferee. The
  assignment and warranty of title required by this section shall  include
  a  statement  signed  by the transferor stating either, (i) any facts or
  information known to him that could reasonably affect  the  validity  of
  the title of the vehicle; or, (ii) that no such facts or information are
  known to him.
    (b)  Except  as provided in section two thousand one hundred fourteen,
  the transferee shall, within thirty days after transfer to  him  of  the
  vehicle,  execute  the application for a new certificate of title in the
  space provided therefor  on  the  certificate  or  as  the  commissioner
  prescribes,  and  cause  the certificate and application to be mailed or
  delivered to the commissioner. The application required by this  section
  shall  include a statement similar to that required to be included in an
  application for a  first  certificate  of  title  by  paragraph  (4)  of
  subdivision  (a)  of  section  two  thousand  one  hundred  five of this
  chapter.
    (c) Except as provided in section two thousand one hundred fourteen, a
  transfer by an owner is not perfected so as to be  valid  against  third
  parties  generally  until the provisions of this section and section two
  thousand one hundred sixteen have been complied with; however, an  owner
  who  has  delivered  possession of the vehicle to a bona fide transferee
  and has complied with the provisions of this  section  and  section  two
  thousand  one  hundred  sixteen  is  not  deemed  an  owner  within  the
  provisions of section three hundred eighty-eight of this  chapter,  and,
  notwithstanding  any  other  provision  of law, shall not be presumed to
  have caused such vehicle to be abandoned  for  purposes  of  subdivision
  seven of section twelve hundred twenty-four of this chapter if the owner
  has retained a copy of the assignment and warranty of title.  Failure to
  retain  such  copy  shall  not  preclude  such  owner from rebutting any
  presumption contained in such subdivisions.

   S 2114. Transfer  to  or  from dealer; records. (a) If a dealer buys a
  vehicle and holds it for resale and procures the  certificate  of  title
  from  the owner within ten days after delivery to him of the vehicle, he
  need not send the certificate to the commissioner but, upon transferring
  the vehicle to another person other than by the creation of  a  security
  interest, shall promptly execute the assignment and warranty of title by
  a  dealer,  showing the names and addresses of the transferee and of any
  lienholder holding a security interest created or reserved at  the  time
  of  the resale, in the spaces provided therefor on the certificate or as
  the commissioner prescribes, and mail or deliver the certificate to  the
  commissioner  with  the  transferee's application for a new certificate.
  The assignment and warranty of  title  by  a  dealer  required  by  this
  section  shall  include a statement, signed by the dealer stating either
  (i) any facts or information known to him that could  reasonably  affect
  the  validity of the title of the vehicle, or (ii) that no such facts or
  information are known to him.
    (b) Every dealer shall maintain a record in the form and for a  period
  of  time  the  commissioner  prescribes of every vehicle bought, sold or
  exchanged by him, or received by him for sale or exchange,  which  shall
  be  open  to inspection by a representative of the commissioner, a peace
  officer, when acting pursuant to his special duties, or a police officer
  during reasonable business hours.

   S 2115. Transfer  by operation of law. (a) If the interest of an owner
  in a vehicle passes to another other than  by  voluntary  transfer,  the
  transferee  shall,  except as provided in subdivision (b), promptly mail
  or deliver to  the  commissioner  the  last  certificate  of  title,  if
  available,  proof  of  the  transfer,  and  his  application  for  a new
  certificate in the form the commissioner prescribes.
    (b) If the interest of the owner is terminated or the vehicle is  sold
  under  a  security  agreement  by  a  lienholder,  the  transferee shall
  promptly mail or deliver to the commissioner  the  last  certificate  of
  title  if available to him, his application for a new certificate in the
  form the commissioner prescribes, and an affidavit made by or on  behalf
  of the lienholder that the vehicle was repossessed and that the interest
  of  the  owner  was lawfully terminated or sold pursuant to the terms of
  the security agreement. If the lienholder succeeds to  the  interest  of
  the  owner  and  holds  the vehicle for resale, he need not secure a new
  certificate of  title  but,  upon  transfer  to  another  person,  shall
  promptly   mail  or  deliver  to  the  transferee  the  certificate,  if
  available, affidavit and other documents required  to  be  sent  to  the
  commissioner by the transferee.
    (c)  A  person  holding  a  certificate of title whose interest in the
  vehicle has been extinguished or transferred  other  than  by  voluntary
  transfer  shall mail or deliver the certificate to the commissioner upon
  request of the commissioner.  The delivery of the  certificate  pursuant
  to  the  request  of  the commissioner does not affect the rights of the
  person surrendering the certificate, and the action of the  commissioner
  in  issuing  a  new  certificate  of  title  as  provided  herein is not
  conclusive upon the rights of an owner or lienholder named  in  the  old
  certificate.

   S 2116. Additional  requirements  for applications. (a) An application
  for a certificate of title shall be accompanied by the required fee when
  mailed or delivered to the commissioner.
    (b) Except as provided for in subdivision  (c)  of  this  section,  an
  application  for  the  naming  of  a  lienholder  or  his  assignee on a
  certificate of title shall be  accompanied  by  the  required  fee  when
  mailed or delivered to the commissioner.
    (c)  The  filing  of  a  notice of lien by the office of temporary and
  disability assistance, or a  local  social  services  district,  or  its
  authorized  representative,  or a lien of another state agency operating
  under title IV-D  of  the  social  security  act,  shall  constitute  an
  application  for  the  naming of a lienholder on a certificate of title.
  The filing of an application by  any  such  agency  shall  be  completed
  without payment of a fee.

  S 2117. When   commissioner   to   issue   new  certificate.  (a)  The
  commissioner, upon receipt of a properly assigned certificate of  title,
  with an application for a new certificate of title, the required fee and
  any  other documents required by law, shall check the identifying number
  of the vehicle against the appropriate records of vehicles  required  to
  be  maintained,  issue  a  new  certificate  of title in the name of the
  transferee as owner and mail it to the owner.
    (b) The commissioner,  upon  receipt  of  an  application  for  a  new
  certificate  of  title by a transferee other than by voluntary transfer,
  with proof of the transfer, the required fee  and  any  other  documents
  required  by  law,  shall  check  the  identifying number of the vehicle
  against the appropriate records of vehicles required to  be  maintained,
  issue  a new certificate of title in the name of the transferee as owner
  and mail it to the owner. If the outstanding certificate of title is not
  delivered to the commissioner,  he  shall  demand  it  from  the  holder
  thereof.
    (c)  The  commissioner  may  require  that  any  vehicle  for which an
  application for a certificate of title is made be inspected in a  manner
  prescribed  by  him  for  conformity  to  the  description  given in the
  application before he issues a certificate of title.

   S 2118. Perfection  of  security  interests.    (a) Unless excepted by
  section two thousand  one  hundred  three  of  this  title,  a  security
  interest  in  a  vehicle  of  a type for which a certificate of title is
  required is not valid against  creditors  of  the  owner  or  subsequent
  transferees  or  lienholders  of  the  vehicle  without knowledge of the
  security interest unless perfected as  provided  in  this  section.    A
  purchase  money  security interest in a vehicle is perfected against the
  rights of judicial lien creditors and execution creditors on  and  after
  the date such purchase money security interest is created.
    (b) (1) A security interest is perfected:
    (A)   By  the  delivery  to  the  commissioner  of  (i)  the  existing
  certificate of title, if any, an application for a certificate of  title
  containing  the  name and address of the lienholder and the required fee
  or (ii) a notice of lien evidencing a lien  arising  under  section  two
  hundred  eleven  of the lien law and section one hundred eleven-u of the
  social services law;
    (B) As of the time of its creation if the delivery is completed within
  ten days thereafter, otherwise, as of the time of delivery.
    (2) A security interest in  a  vehicle  provided  for  in  a  security
  agreement made by a person before he becomes the owner of the vehicle or
  arising under section two hundred eleven of the lien law and section one
  hundred eleven-u of the social services law:
    (A) Is deemed to be created at the time of the sale or transfer of the
  vehicle to him;
    (B)  If  not  perfected  under  paragraph  one  of this subdivision is
  perfected by the lienholder delivering to the commissioner a  notice  of
  security  interest  in  the  form  the  commissioner  prescribes and the
  required fee or a notice of lien, but only if the delivery is  completed
  before  the  commissioner  issues  a certificate of title of the vehicle
  containing the name of the owner as owner;
    (C) If so perfected, is perfected as  of  the  time  of  the  sale  or
  transfer  of  the vehicle to him if the delivery is completed within ten
  days thereafter, otherwise, as of the time of delivery;
    (D) Is subject and subordinate to a security  interest,  perfected  in
  accordance  with  paragraph  one  of  this  subdivision, of a lienholder
  without knowledge of it.
    (3) The commissioner shall  file  each  notice  of  security  interest
  delivered  to  him  with  the  required fee and shall maintain a record,
  under the identifying number of the vehicles, of all notices of security
  interests filed by him.
    (4) The commissioner shall file each notice of lien delivered  to  him
  and  shall  maintain  a  record  pursuant  to the agreement set forth in
  section twenty-one hundred five-a of this article.
    (c) If a vehicle is subject to a security interest when  brought  into
  this  state,  the validity of the security interest is determined by the
  law of the jurisdiction where the vehicle was when the security interest
  attached, subject to the following:
    (1) If the parties  understood  at  the  time  the  security  interest
  attached that the vehicle would be kept in this state and it was brought
  into  this  state  within thirty days thereafter for purposes other than
  transportation through this state, the validity of the security interest
  in this state is determined by the law of this state.
    (2) If the security interest  was  perfected  under  the  law  of  the
  jurisdiction  where the vehicle was when the security interest attached,
  the following rules apply:
    (A) If the name of the lienholder is shown on  a  currently  effective
  certificate  of title issued by that jurisdiction, his security interest
  continues perfected in this state.
    (B) If the name  of  the  lienholder  is  not  shown  on  a  currently
  effective certificate of title issued by that jurisdiction, the security
  interest continues perfected in this state for four months after a first
  certificate  of  title of the vehicle is issued in this state, and also,
  thereafter  if,  within  the  four month period, it is perfected in this
  state. The security interest may also be perfected in this  state  after
  the  expiration  of the four month period; in that case perfection dates
  from the time of perfection in this state.
    (3) If the security interest was not perfected under the  law  of  the
  jurisdiction  where the vehicle was when the security interest attached,
  it may be perfected in this state; in that case, perfection  dates  from
  the time of perfection in this state.
    (d)  A  security interest noted on a certificate of title to a vehicle
  which is a mobile home or a manufactured home shall have  priority  over
  any  other  subsequent  liens or security interests except for those set
  forth in subdivision (c) of section two thousand one  hundred  three  of
  this article.
    (e)  After  a certificate of title has been issued in this state for a
  vehicle which is a mobile home or a manufactured home, and  as  long  as
  the  vehicle which is a mobile home or a manufactured home is subject to
  any  security  interest  perfected  pursuant  to   this   section,   the
  commissioner  shall  not  revoke  the  certificate of title, and, in any
  event, the validity and priority  of  any  security  interest  perfected
  pursuant  to  this section shall continue, notwithstanding the provision
  of any other law, including  but  not  limited  to  section  9--303  and
  section 9-313 of the uniform commercial code.

    S 2119. Security  interest. If an owner creates a security interest in
  a vehicle:
    (a) The owner shall,  if  the  lienholder  so  requests,  execute  the
  application,  in the space provided therefor on the certificate of title
  or  on  a  separate  form  the  commissioner  prescribes,  to  name  the
  lienholder  on  the  certificate,  showing  the  name and address of the
  lienholder, and cause the certificate, application and the required  fee
  to be delivered to the lienholder.
    (b)  The  lienholder  shall, immediately after the owner complies with
  subdivision (a), cause the certificate, application and the required fee
  to be mailed or delivered to the commissioner.
    (c) Upon receipt of the certificate  of  title,  application  and  the
  required  fee, the commissioner shall either endorse on the certificate,
  or issue a new certificate containing, the name and address of  the  new
  lienholder, and mail the certificate to the owner.

   S 2120. Assignment   by  lienholder.  (a)  A  lienholder  may  assign,
  absolutely or otherwise, his security  interest  in  the  vehicle  to  a
  person  other than the owner without affecting the interest of the owner
  or the validity of the security interest, but any person without  notice
  of  the  assignment  is  protected in dealing with the lienholder as the
  holder of the security interest and the lienholder  remains  liable  for
  any  obligations as lienholder until the assignee is named as lienholder
  on the certificate.
    (b) The assignee may, but need not to perfect the assignment, have the
  certificate of title endorsed or  issued  with  the  assignee  named  as
  lienholder,  upon  delivering  to  the commissioner an assignment by the
  lienholder named  in  the  certificate  in  the  form  the  commissioner
  prescribes.  Upon  the  request  of  the assignee the commissioner shall
  request the owner to deliver to  the  commissioner  the  certificate  of
  title.

   S 2121. Release  of  security  interest.    Upon the satisfaction of a
  security interest in a vehicle the  lienholder  shall  immediately  upon
  clearance  of  payment  execute  a release of his security interest in a
  manner prescribed by the commissioner and mail or deliver the release to
  the owner or any person who delivers to the lienholder an  authorization
  from  the  owner  to  receive  the  certificate.   Payment sufficient to
  satisfy the security interest by an insurer of the owner shall be deemed
  an authorization by the owner for the delivery of  the  release  of  the
  security  interest to the insurer. If the payment in satisfaction of the
  security interest is in cash, certified check,  intra-bank  transfer  of
  funds  or  an  uncertified check or draft issued by an insurance company
  authorized to do business in this state, the payment shall be deemed  to
  be  cleared  immediately  upon  receipt.  The owner, other than a dealer
  holding the vehicle for resale, may cause the certificate and release to
  be mailed or delivered  to  the  commissioner,  who  shall  release  the
  lienholder's rights on the certificate or issue a new certificate.

   S 2122. Duty  of  lienholder.  A  lienholder named in a certificate of
  title shall, upon written request of the owner or of another  lienholder
  named  on  the certificate, disclose any pertinent information as to his
  security agreement and the indebtedness secured by  it.  The  office  of
  temporary  and  disability assistance, or a social services district, or
  its authorized representative shall be deemed to have complied with this
  section upon disclosing the name of the obligor and the  amount  of  the
  debt.

  S 2123. Exclusiveness  of  procedure.  The  method  provided  in  this
  article of perfecting and giving notice of security interests subject to
  this article is exclusive. Security interests subject  to  this  article
  are hereby exempted from the provisions of law which otherwise relate to
  the  perfection  of  security  interests,  including  but not limited to
  section 9-313 of the uniform commercial code.

   S 2124. Suspension   or   revocation  of  certificates.  (a)  (1)  The
  commissioner shall suspend or revoke a certificate of title, upon notice
  and reasonable opportunity to be heard in accordance  with  section  two
  thousand   one  hundred  twenty-seven,  when  authorized  by  any  other
  provision of law, including  but  not  limited  to  subdivision  (e)  of
  section  two  thousand  one  hundred  eighteen of this article, or if he
  finds:
    (i) The certificate of title was fraudulently procured or  erroneously
  issued, or
    (ii) The vehicle has been scrapped, dismantled or destroyed.
    (2) Notwithstanding any other provision of law, the commissioner shall
  not  suspend  or  revoke  a certificate of title to a vehicle which is a
  mobile home or manufactured home by reason of  the  fact  that,  at  any
  time, in any manner, it shall have become attached to realty.
    (b)  Suspension  or  revocation of a certificate of title does not, in
  itself, affect the validity of a security interest noted on it.
    (c) When the commissioner suspends or revokes a certificate of  title,
  the  owner  or  person  in  possession  of  it  shall,  immediately upon
  receiving notice of the suspension or revocation, mail  or  deliver  the
  certificate to the commissioner.
    (d)  The  commissioner  may seize and impound any certificate of title
  which has been suspended or revoked.
    (e) A certificate of title may  be  temporarily  suspended  pending  a
  hearing.

  S 2125. Fees. (a) The commissioner shall be paid the following fees:
    * (1)  for  filing  an  application  for a certificate of title, fifty
  dollars except where the application relates  to  a  mobile  home  or  a
  manufactured home as defined in section one hundred twenty-two-c of this
  chapter, in which case the fee shall be one hundred twenty-five dollars;
    * NB Effective until April 1, 2020
    * (1)  for  filing  an  application  for  a certificate of title, five
  dollars except where the application relates  to  a  mobile  home  or  a
  manufactured home as defined in section one hundred twenty-two-c of this
  chapter, in which case the fee shall be twenty-five dollars;
    * NB Effective April 1, 2020
    (2) for each security interest noted upon a certificate of title, five
  dollars;
    (3) for a duplicate certificate of title, twenty dollars.
    (b) If an application, certificate of title or other document required
  to  be  mailed  or  delivered to the commissioner under any provision of
  this article is not delivered to the commissioner within ten  days  from
  the  time it is required to be mailed or delivered, the commissioner may
  impose, as a penalty, an amount  equal  to  the  fee  required  for  the
  transaction.
    (c)  The fee for filing a notice of security interest shall be paid by
  the party secured and such fee shall not be charged to the owner in  any
  manner.
    (d) The provisions of this section with respect to the payment of fees
  for  the  issuance of a title certificate shall not apply to any vehicle
  which is exempt from the payment of a registration fee by any  provision
  of this chapter.
    (e) The provisions of this section with respect to the payment of fees
  for  recording  a  security interest on a certificate of title shall not
  apply to any security interest reserved or  created  on  behalf  of  the
  United  States,  this  state,  any of the political subdivisions of this
  state, or any public authority of this state created by law.
    (f) Whenever the commissioner  prescribes  a  procedure  which  causes
  images  relating  to  an  application  for  a certificate of title to be
  created and stored an additional fee not to exceed one dollar above  the
  actual  cost  of producing a certificate of title rounded to the nearest
  twenty-five cents shall be paid to the commissioner upon the  filing  of
  an application for a certificate or duplicate certificate of title.
    * (g)  Fees  assessed  for  filing an application for a certificate of
  title shall be deposited to the credit  of  the  dedicated  highway  and
  bridge trust fund with the exception of the forty dollar increase in the
  application  for  an  original title for vehicles other than a mobile or
  manufactured home and the one hundred dollar increase in the application
  for an original title  for  a  mobile  or  manufactured  home  collected
  pursuant  to  paragraph  one of subdivision (a) of this section, and the
  ten dollar increase in the fee for  a  duplicate  certificate  of  title
  collected pursuant to paragraph three of subdivision (a) of this section
  which  shall be deposited in 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.
    * NB Repealed April 1, 2020

  S 2126. Powers  of  commissioner. (a) The commissioner shall prescribe
  and provide suitable  forms  of  applications,  certificates  of  title,
  notices of security interests, and all other notices and forms necessary
  to carry out the provisions of this article.
    (b) The commissioner may:
    (1)  Make  necessary investigations to procure information required to
  carry out the provisions of this article; and
    (2) Adopt and enforce reasonable rules and regulations  to  carry  out
  the provisions of this article; and
    (3)  Upon  assigning  a  new identifying number to a vehicle if it has
  none, or its identifying  number  is  destroyed  or  obliterated,  shall
  either  issue  a  new  certificate  of title showing the new identifying
  number or make an appropriate indorsement on the original certificate.

   S 2127. Hearings.  A  person aggrieved by an act or omission to act of
  the commissioner under this  article  is  entitled  to  a  hearing.  The
  commissioner  shall  grant a hearing to an applicant therefor as soon as
  practicable, except that  if  a  certificate  of  title  is  temporarily
  suspended,  within  ten days after receipt of a written request for such
  hearing.  No hearing shall be required because of  the  refusal  of  the
  commissioner  to  issue  a  certificate  of  title  in  a case where the
  commissioner determines that a request for such hearing is frivolous  or
  based upon sham. The applicant may be heard in person or by counsel. The
  hearing  shall  be  at  such  time  and  place as the commissioner shall
  prescribe. The commissioner acting by such  officer  or  person  in  the
  department  of  motor vehicles as he may designate, shall have the power
  to temporarily omit to take any action  under  this  article  pending  a
  hearing  and  to  subpoena  and  bring  before  the officer or person so
  designated any person in this state and administer an oath to  and  take
  testimony  of  any  person  or cause his deposition to be taken with the
  same fees and mileage in  the  same  manner  as  prescribed  by  law  in
  judicial procedure in courts of this state in civil cases.

   S 2128. Court  review.  An  act or omission to act of the commissioner
  under this article shall be subject to review by the  supreme  court  in
  the  manner  provided in article seventy-eight of the civil practice law
  and rules.

   S 2129. Stolen,  converted,  recovered  and  unclaimed  vehicles.  (a)
  Police or peace officer's report. A peace officer, when acting  pursuant
  to  his  special  duties, or police officer who learns of the theft of a
  vehicle not since recovered, or of the recovery of a vehicle whose theft
  or conversion he knows or has reason to believe has been reported to the
  commissioner, shall forthwith  report  the  theft  or  recovery  to  the
  commissioner.    Such  report  shall be in addition to any other reports
  required by law.
    (b) Owner's or lienholder's report.  An  owner  or  a  lienholder  may
  report  the  theft  of  a  vehicle, or its conversion if a crime, to the
  commissioner, but  the  commissioner  may  disregard  the  report  of  a
  conversion  unless  a warrant has been issued for the arrest of a person
  charged with the conversion. A person who has so reported the  theft  or
  conversion of a vehicle shall, forthwith after learning of its recovery,
  report the recovery to the commissioner.
    (c)  Garage  operator's report. An operator of a place of business for
  garaging, parking or storing vehicles for the public, in which a vehicle
  remains unclaimed for a period of thirty days, shall, within  five  days
  after  the expiration of that period, report the vehicle as unclaimed to
  the commissioner. A vehicle left by its owner whose name and address are
  known to the operator or his employee is not considered  unclaimed.    A
  person  who  fails  to  report a vehicle as unclaimed in accordance with
  this subdivision forfeits all claims and liens for its garaging, parking
  or storing.
    (d)  Commissioner's  record.  The  commissioner  shall  maintain,  and
  appropriately  index  appropriate  public  records of stolen, converted,
  recovered and unclaimed  vehicles  reported  to  him  pursuant  to  this
  section.  The  commissioner  may  make and distribute copies of any such
  records so maintained to peace officers, when acting pursuant  to  their
  special  duties,  or  police  officers  upon  request without fee and to
  others for the fee, if any, the commissioner prescribes.
    (e)  Commissioner's  action.  The   commissioner   may   suspend   the
  registration  of  a vehicle whose theft or conversion is reported to him
  pursuant to this section; until the commissioner learns of its  recovery
  or  that  the  report of its theft or conversion was erroneous, he shall
  not issue a certificate of title for the vehicle.

   S 2130. Offenses relating to certificates. (a) Felonies. A person who,
  with fraudulent intent:
    (1) Alters, forges or counterfeits a certificate of title is guilty of
  a felony;
    (2)  Alters  or  forges an assignment of a certificate of title, or an
  assignment or release of a security interest, on a certificate of  title
  or a form the commissioner prescribes is guilty of a felony;
    (3)  Has  possession  of  or uses a certificate of title knowing it to
  have been altered, forged or counterfeited is guilty of a felony;
    (4) Uses a false or fictitious name or address, or  makes  a  material
  false  statement,  or fails to disclose a security interest, or conceals
  any other material fact, in an application for a certificate  of  title,
  or  in  any  copy  of  an  assignment and warranty of title retained and
  produced for the  purpose  of  negating  any  presumption  contained  in
  subdivision seven of section twelve hundred twenty-four of this chapter,
  is guilty of a felony; or
    (5)   Produces,   makes,   manufactures,  or  reproduces  any  vehicle
  certificate of origin or any certificate of title or any  license  plate
  or  tag  of  any  other  state, district or territory, or of any foreign
  country; or possesses any device for producing,  making,  manufacturing,
  or reproducing the same is guilty of a felony.
    (b) Misdemeanors. A person who, with fraudulent intent:
    (1)  Permits  another, not entitled thereto, to use or have possession
  of a certificate of title is guilty of a misdemeanor;
    (2) Fails to mail or deliver a certificate  of  title  or  application
  therefor  to  the  department within ten days after the time required by
  this article is guilty of a misdemeanor; or
    (3) Fails to deliver to his transferee a certificate of  title  within
  ten  days  after  the  time  required  by  this  article  is guilty of a
  misdemeanor.
    (c) Traffic infractions. A person who wilfully violates any  provision
  of this article except as provided in subdivisions (a) and (b) is guilty
  of a traffic infraction.

   S 2131. Evidence of criminal intent or knowledge. In a prosecution for
  a  crime  specified  in  this  article,  evidence that the defendant has
  committed a prior act or acts of the same kind is  admissible  to  prove
  criminal intent or knowledge.

  S 2132. Effect  on other laws. The penal provisions of this article in
  no way repeal or modify any existing provision of the penal law but  are
  additional and supplementary thereto.

  S 2133. Uniformity of interpretation.  This  article  shall  be  so
  interpreted and construed as to effectuate its general purpose  to  make
  uniform the law of those states which enact it.

  S 2134. Short  title. This article may be cited as the uniform vehicle
  certificate of title act.

  S 2135. Severability. If any provision of this article or the
  application thereof to any person or circumstances is held invalid,  the
  invalidity  shall  not  affect  other  provisions or applications of the
  article which can be given  effect  without  the  invalid  provision  or
  application, and to this end the provisions of this article are declared
  to be severable.

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Vehicle and Traffic Law - Table of Contents

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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

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