Bill Text: NY A06094 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes the seizure and impoundment of all terrain vehicles and off-highway motorcycles operated in violation of the vehicle and traffic law in a city having a population of one million or more.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-09-15 - enacting clause stricken [A06094 Detail]
Download: New_York-2021-A06094-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6094 2021-2022 Regular Sessions IN ASSEMBLY March 10, 2021 ___________ Introduced by M. of A. PICHARDO, TAYLOR, REYES, DE LA ROSA -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing the seizure and impoundment of all terrain vehicles and off-highway motorcycles operated in violation of the provisions of such law in a city having a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 424 of the vehi- 2 cle and traffic law, as added by chapter 114 of the laws of 1991, is 3 amended to read as follows: 4 (b) For the purposes of this subdivision the term "impound" shall be 5 deemed to include the taking into possession by an agency of any motor 6 vehicle, all terrain vehicle or off-highway motorcycle which has been 7 abandoned, repossessed, seized pending forfeiture proceedings, taken 8 into custody or held as evidence in the course of a police investi- 9 gation, required to be impounded by law, or in any other way taken into 10 possession or held by an agency under circumstances in which the owner 11 may not reasonably have knowledge of the status of the vehicle. Nothing 12 contained herein shall preclude a police department, which has taken a 13 vehicle into custody under these or other circumstances, from entering a 14 vehicle into the New York statewide police information network as an 15 impounded vehicle to facilitate location of the vehicle by its owner. 16 § 2. Subdivision 2 of section 424 of the vehicle and traffic law, as 17 amended by chapter 476 of the laws of 2018, is amended to read as 18 follows: 19 2. (a) Any police officer[, state trooper] or peace officer acting 20 pursuant to his or her special duties shall have the power to seize any 21 motor vehicle or trailer in the state when there is good reason to 22 believe that such motor vehicle or trailer has been stolen. Unless the 23 vehicle is subject to the provisions of section four hundred twenty- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08357-01-1A. 6094 2 1 three-a of this article, the appropriate agency shall contact the owner 2 of such motor vehicle or trailer, if known, and, after any stolen vehi- 3 cle alarm resulting from such theft has been cancelled, release the 4 vehicle to such owner. If the owner thereof cannot be ascertained in 5 accordance with procedures established by regulations of the commission- 6 er, a local police agency shall dispose of such vehicle as an abandoned 7 vehicle pursuant to section twelve hundred twenty-four of this chapter, 8 and the division of state police shall hold such vehicle for, or deliver 9 it to the office of general services. 10 (b) Any police officer or peace officer acting pursuant to his or her 11 special duties shall have the power to seize any all terrain vehicle or 12 off-highway motorcycle when such vehicle or motorcycle was operated in 13 violation of title seven or eleven of this chapter in a city having a 14 population of one million or more. 15 § 3. The vehicle and traffic law is amended by adding a new section 16 424-a to read as follows: 17 § 424-a. Redemption and return of certain all terrain vehicles and 18 off-highway motorcycles. 1. Upon seizure and impoundment of any all 19 terrain vehicle or off-highway motorcycle pursuant to paragraph (b) of 20 subdivision two of section four hundred twenty-four of this article, the 21 police department seizing such vehicle or motorcycle shall notify the 22 owner thereof, if known, by certified mail, that his or her all terrain 23 vehicle or off-highway motorcycle has been seized by such department. 24 Such notification shall include a brief description of such vehicle or 25 motorcycle, its vehicle identification number, the office and location 26 at which such vehicle or motorcycle may be redeemed and a statement of 27 all charges, fees and penalties applicable to the impoundment thereof, 28 and of all fines imposed for the illegal operation thereof. 29 2. Except as specifically otherwise provided by law, no all terrain 30 vehicle or off-highway motorcycle seized and impounded, pursuant to 31 paragraph (b) of subdivision two of section four hundred twenty-four of 32 this article, shall be released by the administrative tribunal to the 33 possession of the owner thereof until such owner has: 34 (a) submitted to the administrative tribunal satisfactory proof of 35 identity and ownership including, but not limited to, the appropriate 36 registration for the all terrain vehicle issued pursuant to section 37 twenty-two hundred eighty-five of this chapter or the off-highway motor- 38 cycle issued pursuant to article fifteen of this title; 39 (b) paid the prevailing penalties to the administrative tribunal of 40 the city that impounded the all terrain vehicle or off-highway motorcy- 41 cle pursuant to section twenty-four hundred fourteen of this chapter; 42 and 43 (c) submitted proof to the administrative tribunal that the charges 44 for violation of the provisions of this chapter have been disposed of by 45 the administrative tribunal, and that all fines and penalties arising 46 therefrom have been paid in full by either the owner or operator, or 47 that the owner has posted a bond of seven thousand five hundred dollars 48 with such board as security for payment of all fines and penalties aris- 49 ing out of such violations. 50 3. The administrative tribunal, in its discretion, may waive the 51 requirements of paragraph (b) of subdivision two of this section when 52 the owner of the impounded all terrain vehicle or off-highway motorcycle 53 is a business engaged in the rental or lease of such vehicles, and such 54 owner did not violate any provision of this chapter which would not or 55 did not cause the seizure of the all terrain vehicle or off-highway 56 motorcycle.A. 6094 3 1 4. Upon compliance with the provisions of subdivision two of this 2 section, the administrative tribunal shall issue, to the owner of an all 3 terrain vehicle or off-highway motorcycle, an order of release and 4 redemption which shall be accepted by the police department and such 5 department shall surrender such vehicle or motorcycle to the possession 6 of its owner. 7 5. In the event that the charges for violation of the provisions of 8 this chapter which resulted in the impoundment of the all terrain vehi- 9 cle or off-highway motorcycle are dismissed, the owner thereof shall be 10 entitled to a refund of any and all fees paid to the police department 11 and the administrative tribunal shall issue an order providing for such 12 refund. 13 6. Any all terrain vehicle or off-highway motorcycle which is released 14 for redemption by the administrative tribunal and which is not removed 15 by its owner within ten days of such release shall be deemed to be an 16 abandoned vehicle which may be disposed of in accordance with section 17 twelve hundred twenty-four of this chapter. 18 § 4. The vehicle and traffic law is amended by adding a new section 19 2414 to read as follows: 20 § 2414. Seizure and penalties; city having a population of one million 21 or more. 1. Seizure. In addition to any other penalty provided in this 22 chapter, any all terrain vehicle or off-highway motorcycle operated in 23 violation of the provisions of this chapter within a city having a popu- 24 lation of one million or more, shall be subject to seizure and impound- 25 ment pursuant to paragraph (b) of subdivision two of section four 26 hundred twenty-four and section four hundred twenty-four-a of this chap- 27 ter. 28 2. Penalties. In addition to any other penalty provided in this chap- 29 ter, the owner of any all terrain vehicle or off-highway motorcycle 30 operated in violation of the provisions of this chapter, within a city 31 having a population of one million or more, shall (a) for a first 32 conviction of such a violation, be subject to a fine of two hundred 33 fifty dollars and impoundment of the all terrain vehicle or off-highway 34 motorcycle for not more than one hundred days at the expense of the 35 owner thereof at the time of the conviction; and (b) for a second or 36 subsequent violation, within twenty-four months of a previous conviction 37 of the operation of an all terrain vehicle or off-highway motorcycle in 38 violation of this chapter or any state or local law, code or ordinance 39 relating to all terrain vehicles or off-highway motorcycles, be subject 40 to a fine of five hundred dollars and impoundment of the all terrain 41 vehicle or off-highway motorcycle for a period of six months, at the 42 expense of the owner thereof at the time of the conviction. 43 § 5. This act shall take effect on the first of January next succeed- 44 ing the date on which it shall have become a law. Effective immediate- 45 ly, the addition, amendment and/or repeal of any rule or regulation 46 necessary for the implementation of this act on its effective date are 47 authorized and directed to be made and completed on or before such 48 effective date.