S T A T E O F N E W Y O R K
________________________________________________________________________
6694--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 24, 2011
___________
Introduced by M. of A. LUPARDO, TITONE, MAGEE, JAFFEE, SCHROEDER, BRON-
SON, SAYWARD, P. LOPEZ, TENNEY, STEVENSON, ROBERTS, GABRYSZAK --
Multi-Sponsored by -- M. of A. BRENNAN, COOK, LATIMER, V. LOPEZ,
LOSQUADRO, MARKEY, McENENY, D. MILLER, PHEFFER, PRETLOW, SWEENEY,
TITUS, WEISENBERG -- read once and referred to the Committee on Trans-
portation -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to the transfer
of motorcycles having parts with unidentifiable identification numbers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 423-a of the vehicle and traffic
2 law, as added by chapter 976 of the laws of 1981, is amended to read as
3 follows:
4 2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
5 CLE, TRAILER OR PART TO OWNER. If a person other than the person
6 arrested be the owner, the motor vehicle, trailer or part shall be
7 returned to him OR HER as soon as he OR SHE has arranged to have the
8 department of motor vehicles affix a new number, or in the case of a
9 part, inspect such part, and the department has done so, as provided in
10 section four hundred twenty-two of this [chapter] ARTICLE. Prior to the
11 return of the motor vehicle, trailer or part, or the transfer of custody
12 of said motor vehicle, trailer or part, the arresting officer shall
13 transmit notice of the arrest to the commissioner.
14 S 2. Subdivision 3 of section 423-a of the vehicle and traffic law is
15 amended by adding a new paragraph (d) to read as follows:
16 (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP OF
17 AN UNIDENTIFIABLE PART IN AN OTHERWISE IDENTIFIABLE MOTORCYCLE, OTHER
18 THAN A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE DEPART-
19 MENT SHALL BE TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE UPON HIS OR
20 HER REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02676-05-1
A. 6694--A 2
1 INVESTIGATION AND, IF APPROPRIATE, HOLDS A HEARING AND FINDS THAT SUCH
2 OWNER HAD NO KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE AND THAT SUCH
3 OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
4 ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
5 UNIDENTIFIABLE. SUCH TRANSFER SHALL BE MADE WITHOUT ANY PAYMENT BEING
6 MADE TO THE DEPARTMENT OR POLICE DEPARTMENT PROVIDED THAT THE DEPART-
7 MENT'S OR POLICE DEPARTMENT'S INVESTIGATION RESULTS IN A FINDING THAT
8 THE PERSON HAS BEEN THE OWNER OF THE MOTORCYCLE WITH THE UNIDENTIFIABLE
9 PART CONTAINED THEREIN FOR A PERIOD OF AT LEAST EIGHTEEN MONTHS. SUCH
10 INVESTIGATION SHALL BE MADE BY THE DEPARTMENT OR THE POLICE DEPARTMENT
11 WITHIN THIRTY DAYS OF THE REQUEST OF SUCH OWNER FOR THE RETURN OF SUCH
12 UNIDENTIFIABLE PART. IF THE OWNER OF SUCH MOTORCYCLE CANNOT BE ASCER-
13 TAINED, OR IF THE OWNER OR CUSTODIAN IS ARRESTED AND CONVICTED OF THE
14 THEFT OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE, SUCH A TRANSFER MAY BE
15 MADE TO A PERSON ENGAGED IN THE BUSINESS OF BUYING OR SELLING MOTOR
16 VEHICLES, TRAILERS OR PARTS WHO IS SUBJECT TO THE PRESUMPTION IN SUBDI-
17 VISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE, ONLY UPON
18 PAYMENT TO THE DEPARTMENT OR TO THE POLICE DEPARTMENT OF AN AMOUNT EQUAL
19 TO THE REASONABLE WHOLESALE VALUE OF THE PART. PROCEEDS FROM THE TRANS-
20 FER OF ANY SUCH PART SHALL BE PAID INTO THE GENERAL FUND OF THE STATE IF
21 TRANSFERRED BY THE DEPARTMENT OR THE DIVISION OF STATE POLICE, OR INTO
22 THE GENERAL FUND OF THE APPROPRIATE LOCAL AUTHORITY, IF TRANSFERRED BY A
23 LOCAL POLICE DEPARTMENT. NO SUCH PART SHALL BE TRANSFERRED PURSUANT TO
24 THIS PARAGRAPH UNTIL A SPECIAL IDENTIFICATION NUMBER HAS BEEN AFFIXED TO
25 SUCH PART AND THE APPROPRIATE FEE HAS BEEN PAID BY THE OWNER OF THE
26 MOTORCYCLE.
27 S 3. The commissioner of motor vehicles shall establish a public
28 education program to disseminate information regarding the implementa-
29 tion of this act.
30 S 4. This act shall take effect on the one hundred twentieth day after
31 it shall have become a law.