New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
Article 46 - NY Vehicle and Traffic Law
UNIFORM VEHICLE CERTIFICATE OF TITLE ACT
| Section | Description |
|---|---|
| 2101 | Definitions. |
| 2102 | Exclusions. |
| 2103 | Excepted liens and security interests; buyer from manufacturer or dealer. |
| 2104 | Certificate of title required. |
| 2105 | Application for first certificate of title. |
| 2105-a | Liens on motor vehicles for failure to make child support payments. |
| 2106 | Examination of records. |
| 2107 | Issuance and records. |
| 2108 | Contents and effect. |
| 2109 | Delivery. |
| 2110 | Registration without certificate of title. |
| 2111 | Refusing certificate of title. |
| 2112 | Lost, stolen or mutilated certificates. |
| 2113 | Transfer. |
| 2114 | Transfer to or from dealer; records. |
| 2115 | Transfer by operation of law. |
| 2116 | Additional requirements for applications. |
| 2117 | When commissioner to issue new certificate. |
| 2118 | Perfection of security interests. |
| 2119 | Security interest. |
| 2120 | Assignment by lienholder. |
| 2121 | Release of security interest. |
| 2122 | Duty of lienholder. |
| 2123 | Exclusiveness of procedure. |
| 2124 | Suspension or revocation of certificates. |
| 2125 | Fees. |
| 2126 | Powers of commissioner. |
| 2127 | Hearings. |
| 2128 | Court review. |
| 2129 | Stolen, converted, recovered and unclaimed vehicles. |
| 2130 | Offenses relating to certificates. |
| 2131 | Evidence of criminal intent or knowledge. |
| 2132 | Effect on other laws. |
| 2133 | Uniformity of interpretation. |
| 2134 | Short title. |
| 2135 | Severability. |
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. Top of Page
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