New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
Article 17 - NY Vehicle and Traffic Law
OTHER PROVISIONS RELATING TO REGISTRATION AND POSSESSION
| Section | Description |
|---|---|
| 420-a | Dealer issued temporary registration. |
| 421 | Sale of motor vehicle, trailer or part thereof with changed identification number. |
| 422 | Special vehicle identification numbers. |
| 423 | Peace officers and their duties. |
| 423-a | Enforcement procedures for insuring the retention of vehicle identification numbers on vehicles. |
| 424 | Stolen or impounded motor vehicles. |
| 425 | Repossession of motor vehicle or motorcycle; garageman's lien; notice to police. |
| 426 | Punishment for making false statement; stolen vehicles. |
| 427 | Disposition of registration fees. |
| 428 | Refunds. |
| 429 | Junk and salvage vehicles. |
| 430 | Retail sale of junk and salvage vehicles. |
| 431 | Vehicle 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
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