NY Veh & Traf L § 415-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 4 - Registration of Vehicles Article 16 - Registration of Dealers and Transporters 415-A - Vehicle Dismantlers and Other Persons Engaged in the Transfer or Disposal of Junk and Salvage Vehicles.

§ 415-a. Vehicle dismantlers and other persons engaged in the transfer or   disposal   of  junk  and  salvage  vehicles.    1.  Definition  and registration of vehicle dismantlers. A vehicle dismantler is any  person who  is  engaged in the business of acquiring motor vehicles or trailers for the purpose of dismantling the same  for  parts  or  reselling  such vehicles  as scrap. No person shall engage in the business of or operate as a vehicle dismantler unless there shall have been  issued  to  him  a registration  in  accordance  with  the  provisions  of  this section. A violation of this subdivision shall be a class E felony.   1-a. Definition and registration of salvage pools. A salvage  pool  is any  person,  acting  on  behalf  of  the  vehicle owner or an insurance company, who sells, offers for sale or solicits bids  for  the  sale  of junk  or  salvage vehicles or major component parts of such vehicles, or displays or permits the display of such vehicles or parts upon  premises owned  or  controlled  by  him,  but who does not dismantle vehicles. No person shall engage in business as a salvage  pool  unless  there  shall have been issued to him a registration in accordance with the provisions of  this  section.  A  violation  of this subdivision shall be a class A misdemeanor.   1-b. Definition and registration of mobile car crushers. A mobile  car crusher  is  any  person  who  engages  in  the  business of operating a transportable car crusher, but who does not  acquire  ownership  of  the vehicles  which he crushes. No person shall engage in the business of or operate as a mobile car crusher unless there shall have been  issued  to him  a registration in accordance with the provisions of this section. A violation of this subdivision shall be a class A misdemeanor.   1-c. Itinerant vehicle collectors. An itinerant vehicle  collector  is any  person  who  is  engaged  in the business of acquiring non-operable vehicles and who sells such vehicles or major component parts thereof to a vehicle dismantler or scrap  processor.  No  person  shall  engage  in business  as an itinerant vehicle collector unless there shall have been issued to him a registration in accordance with the provisions  of  this section. A violation of this subdivision shall be a class A misdemeanor.   2.  Application for registration. An application for registration as a vehicle dismantler,  salvage  pool,  mobile  car  crusher  or  itinerant vehicle collector shall be made to the commissioner on a form prescribed by him which shall contain the name and address of the applicant and the names  and  addresses  of all persons having a financial interest in the business. Such  application  shall  contain  a  listing  of  all  felony convictions  and  all  other convictions relating to the illegal sale or possession of a motor vehicle or motor vehicle parts, and a  listing  of all  arrests  for  any  such  violations  by the applicant and any other person required to be named in such application. On  and  after  January first,  nineteen  hundred ninety-two, such application for or renewal of registration  as  a  vehicle  dismantler  shall,  in  addition  to   the foregoing,  contain  a  statement  indicating  that  the  applicant  has purchased approved motor  vehicle  refrigerant  recycling  equipment  or refrigerant  recapturing equipment in accordance with section 38-0107 of the  environmental  conservation  law.  Applicants   who   are   vehicle dismantlers   must   submit   along  with  their  application  either  a manufacturer's certificate issued upon purchase or an invoice with proof of payment. All such documents shall contain the name and address of the repair shop and manufacturer, the date purchased, and the serial numbers of the units acquired. The application shall also contain  the  business address  of the applicant and may contain any other information required by the commissioner.   3. Fees. The annual fee for  registration  as  a  vehicle  dismantler, salvage pool, mobile car crusher or itinerant vehicle collector shall be  fifty   dollars.   Upon  approval  of  an  application,  an  appropriate registration shall be issued for a period  of  time  determined  by  the commissioner  and  if issued for a period of more or less than one year, the  fee  shall be prorated on a monthly basis. Fees assessed under this section shall be paid to the commissioner for  deposit  to  the  general fund.   4.  Requirements  for  registration.  (a) Except as otherwise provided herein, no registration shall be issued or renewed unless the  applicant has  a  permanent  place  of  business  at  which the activity requiring registration  is  performed  which  conforms  to  section  one   hundred thirty-six  of  the general municipal law as such section applies and to all local laws or ordinances and the applicant and all persons having  a financial   interest  in  the  business  have  been  determined  by  the commissioner to be fit persons to engage in such business. However,  the commissioner   may   issue   a   temporary  registration  pending  final investigation of an application.  (b) The provisions of this subdivision requiring a place  of  business at  which  the  activity  requiring  registration is performed shall not apply to a mobile car crusher nor to  an  itinerant  vehicle  collector. However,  the  mobile  car  crusher  or itinerant vehicle collector must otherwise comply with all applicable local licensing laws or ordinances.  (c)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision,  the  commissioner may issue a registration to an applicant for registration as a vehicle dismantler or salvage pool to a person who may not comply with local laws relating  to  zoning  provided  that  the applicant  has  engaged  in  business  at  that  location  as  a vehicle dismantler  since  September  first,  nineteen  hundred   seventy-three. However,  the  issuance of such registration shall not be a defense with respect to any action brought with respect  to  violation  of  any  such local law.   5.  Records  and  identification.  (a)  Any records required by this section shall apply only to vehicles or parts of vehicles  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.  Every  person required  to  be  registered  pursuant  to this section shall maintain a record of all  motor  vehicles,  trailers,  and  major  component  parts thereof,  coming  into  his  possession  together  with  a record of the disposition of any such motor vehicle, trailer or part thereof  and  the date  such  motor vehicle, trailer or part thereof is received and shall maintain proof of ownership for any  motor  vehicle,  trailer  or  major component part thereof while in his possession. For the purposes of this article  an inflatable restraint system shall be a major component part. Such records shall be maintained in a manner and form prescribed by  the commissioner.  The  commissioner  may, by regulation, exempt vehicles or major component parts of vehicles from all or a portion  of  the  record keeping   requirements  based  upon  the  age  of  the  vehicle  if  the commissioner deems that  such  record  keeping  requirements  would  not further  the  purposes  of  the  motor  vehicle theft prevention program established by section two hundred twenty-three of this chapter.    Upon request  of  an  agent  of the commissioner or of any police officer and during his regular and usual business hours, a vehicle dismantler  shall produce  such records and permit said agent or police officer to examine them and any vehicles or parts of vehicles  which  are  subject  to  the record  keeping  requirements  of  this  section  and  which  are on the premises. Upon request of any agent of the commissioner and  during  his regular  and usual business hours, a salvage pool, mobile car crusher or itinerant vehicle collector shall produce such records and  permit  said agent  or  police  officer  to examine them and any vehicles or parts of  vehicles which are subject to the record keeping  requirements  of  this section  and  which  are  on  the  premises. The failure to produce such records or to permit such inspection on the part of any person  required to  be registered pursuant to this section as required by this paragraph shall be a class A misdemeanor.  (b) Every vehicle dismantler and salvage pool  shall  display  at  his place  of  business at least one sign upon which his registration number and any other information required by the commissioner is affixed  in  a manner  prescribed  by  the  commissioner  and  further  shall affix his registration number on all advertising,  business  cards,  and  vehicles used  by him in connection with his business. The commissioner is hereby empowered to  require,  by  regulation,  that  vehicle  dismantlers  and salvage  pools  mark,  stamp or tag major component parts of vehicles in their possession in a manner prescribed by the  commissioner  so  as  to enable  the  part  so  marked  to  be  identified  as having come from a particular vehicle and from a particular vehicle dismantler and  salvage pool. A violation of this paragraph shall be a class A misdemeanor.   5-a. Improper display of signs. (a) The holder of a vehicle dismantler or  salvage  pool  registration  shall remove or cause to be removed any sign which contains the license number of the facility which is  visible to  the  public and which is required to be displayed by this article or regulations promulgated thereunder if the  registration  is  revoked  or suspended  or the vehicle dismantler or salvage pool is out of business. If the registration is only suspended, the holder may cover up the  sign instead of removing it.  (b)  No  person  shall  permit  the display of any sign required to be displayed  by  this  article  or  regulations   promulgated   thereunder indicating  to the public that an official vehicle dismantler or salvage pool is operating unless a dismantler or salvage pool  registration  has been issued to that person and is currently valid.   6.  Suspension,  revocation and refusal to renew a registration; civil penalty.  (a) A registration may be suspended or revoked, or renewal  of a  registration  refused upon a conviction of any provision of the penal law relating to motor vehicle theft,  illegal  possession  of  a  stolen vehicle  or  illegal  possession of stolen motor vehicle parts, or after the registrant has had an opportunity to be heard  upon  any  change  of status of the registrant which would have resulted in refusal to issue a registration,  any false statement in an application for a registration, an egregious and willful violation  of  title  twenty-three  of  article twenty-seven  of  the  environmental  conservation law, any violation of subdivision five of this  section  or  regulations  promulgated  by  the commissioner with respect to this section, or any violation of title ten of this chapter.  (b)  Civil  penalty. The commissioner, or any person deputized by him, in addition to or in lieu of revoking or suspending the registration  of a  registrant  in accordance with the provisions of this article, may in any one proceeding by order require the registrant to pay to the  people of  this  state  a  civil  penalty  in  a sum not exceeding one thousand dollars for each violation and upon the failure of  such  registrant  to pay  such  penalty  within  twenty days after the mailing of such order, postage prepaid, registered or certified,  and  addressed  to  the  last known  place of business of such registrant, unless such order is stayed by an order of a court of competent jurisdiction, the  commissioner  may revoke  the  registration of such registrant or may suspend the same for such period as he may determine. Civil  penalties  assessed  under  this subdivision shall be paid to the commissioner for deposit into the state treasury,   and   unpaid   civil  penalties  may  be  recovered  by  the commissioner in a civil action in the name of the commissioner.  (c) In addition, as an alternative to such civil action  and  provided that  no  proceeding  for  judicial review shall then be pending and the time  for  initiation  of  such  proceeding  shall  have  expired,   the commissioner  may  file with the county clerk of the county in which the registrant  is  located a final order of the commissioner containing the amount of the penalty assessed. The filing of  such  final  order  shall have the full force and effect of a judgment duly docketed in the office of  such  clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions  issued  against property upon judgments of a court of record.   7.  Registration  as  a  dealer and as a vehicle dismantler or salvage pool. A person may be registered as a dealer under section four  hundred fifteen  of  this  chapter  as well as a vehicle dismantler or a salvage pool under this section. However, any such person must obtain a separate registration for each activity and must maintain  separate  records  for each activity.   8.  Vehicle  rebuilders. (a) A vehicle rebuilder is any person engaged in the business  of  acquiring  damaged  vehicles  for  the  purpose  of repairing  and  reselling  such  vehicles.  In  order  to engage in such business, a person must be registered as a vehicle  dismantler  pursuant to  this section or as a dealer pursuant to section four hundred fifteen of this chapter.  (b) A vehicle rebuilder shall maintain a record  of  all  vehicles  or major component parts thereof coming into his possession for the purpose of rebuilding and all major component parts used in connection with such rebuilding  in  a manner prescribed by the commissioner. Upon request of an agent of the commissioner or any police officer  during  his  regular and usual business hours, a vehicle rebuilder shall produce such records and permit said agent or police officer to examine them and any vehicles or   parts   of  vehicles  which  are  subject  to  the  record  keeping requirements of this section and which are on the premises. The  failure to  produce  such  records  or  to permit such records or to permit such inspection as required by this paragraph shall be a class A misdemeanor.   9. Scrap processor. (a) A scrap processor is any person required to be licensed under article six-C of the general business law  who  purchases material  which  is  or  may  have  been  a  vehicle or vehicle part for processing into a form other than a vehicle or vehicle  part,  but  who, except as otherwise provided by regulation of the commissioner, does not sell  any  such  material  as  a  motor  vehicle,  a  trailer or a major component part thereof. No person shall engage in business or operate as a scrap processor as defined in  this  paragraph  unless  he  has  given notice  to the commissioner that he is a scrap processor and that he has complied with article six-C of the general business law, and he has been certified by the commissioner as a scrap processor. A violation of  this paragraph shall be a class A misdemeanor.  (b) A scrap processor shall maintain a record of vehicles and a record of major component parts by weight coming into his possession thereof in a  manner prescribed by the commissioner. This paragraph shall not apply to any major component part included in a mixed load. Upon request of an agent of the commissioner or any police officer or  during  his  regular and  usual  business hours, a scrap processor shall produce such records and permit such agent or police officer to inspect them and  to  inspect any  vehicles  or  major  component parts of vehicles at the time of the delivery of such vehicles or parts to him. The failure to  produce  such records or to permit such inspection as required by this paragraph shall be a class A misdemeanor.   10.  Scrap  collectors  and repair shops. (a) A scrap collector is any person, other than a governmental agency, whose primary business is  the  collection  of  miscellaneous scrap for disposal, who may as an incident of such business collect vehicular  parts  as  scrap.  No  person  shall engage  in  the  business  or operate as a scrap collector as defined in this paragraph unless he has given notice to the commissioner that he is a  scrap  collector  and  has been certified as a scrap collector by the commissioner.  A  violation  of  this  provision  shall  be  a  class  A misdemeanor.  No person shall be certified as a scrap collector eligible to do business within a city having a population of one million or more, or any county contiguous to such city, unless such person complies  with all local requirements applicable to such business.  (b)  If  required by regulation of the commissioner, a scrap collector shall keep records of his acquisition and disposition of vehicular scrap in a manner prescribed by the commissioner. Upon request of an agent  of the  commissioner or any police officer, a scrap collector shall produce such records as may be required to be kept  and  permit  said  agent  or police  officer  to  inspect  them  during usual business hours or while business is being conducted. The failure  to  produce  such  records  as required by this paragraph shall be a class A misdemeanor.  (c)  A  repair  shop  registered  pursuant to article twelve-A of this chapter which disposes of vehicular scrap to a certified scrap processor shall apply to the commissioner for  certification  to  carry  out  this disposal.   The  repair  shop  shall  include  in  the  application  for certification the names and addresses of  those  scrap  processors  with whom  it  arranges  for the disposal of its scrap. Thereafter the repair shop shall give notice to the commissioner within  thirty  days  of  any change in the scrap processors with whom it deals. The failure to comply with this paragraph or to make fraudulent statements regarding the scrap processors  with  which  a  repair  shop  arranges  for  the disposal of vehicular scrap shall be a class A misdemeanor.   11. Out-of-state businesses. A person doing business in this state who does not have a place of business in this state,  but  has  a  place  of business  or  engages  in  such business in another state or province of Canada and who would be required to be registered or certified  pursuant to  this  section  if  it  were  in  this  state,  shall  apply  to  the commissioner for an identification number in a manner prescribed by  the commissioner.  Such  identification number shall be issued provided that such  person  complies  with  all  the  laws  and  regulations  of   the jurisdiction  in which he has his principal place of business or engages in such business applicable to such business.   12. Identification of certified  persons.  (a)  Every  person  who  is certified  or  who  has  been  issued  an  identification  number by the commissioner shall display such certification or  identification  number upon  any  vehicle used by him for the business of transporting vehicles or parts of vehicles, in accordance with regulations prescribed  by  the commissioner.  (b)  It  shall  be a class A misdemeanor for any person required to be registered or certified pursuant to the provisions of  this  section  to transport  a  vehicle  or  major  component  parts out of New York state without having and displaying his registration or  certification  number as provided for in this section.   13.   Suspension   or   revocation   of   identification   number   or certification. An  identification  number  and/or  certification  issued pursuant  to  subdivision eight, nine, ten or eleven of this section may be suspended or revoked upon conviction of any provision  of  the  penal law  relating  to  motor  vehicle  theft, illegal possession of a stolen vehicle or  illegal  possession  of  stolen  motor  vehicle  parts.  The commissioner  may  also revoke or suspend registration or certification, after an appropriate hearing where the holder  of  the  registration  or  certification has had an opportunity to be heard, upon a finding of: (a) that  there  has  been  a change to the holder's status which would have resulted in a refusal to issue in the first instance, or  (b)  that  the issuance  was  based  upon  a false statement by the holder, or (c) that there was a violation of the record keeping requirements,  or  (d)  that there was a violation of the regulations promulgated by the commissioner pursuant  to  this section, or (e) that there was a violation of title X of this chapter.   14. Restrictions on scrap  processors.  A  certified  scrap  processor shall not purchase any material which may have been a vehicle or a major component  part  of  a vehicle, if recognizable as such, from any person other than a dealer registered pursuant to section four hundred  fifteen of  this  chapter, an insurance company, a governmental agency, a person in whose name a certificate of title or  other  ownership  document  has been  issued  for  such  vehicle  or a person registered or certified or issued an identification number pursuant to this section. A violation of this subdivision shall be a class A misdemeanor.   15. Regulations. The  commissioner  shall  prescribe  such  rules  and regulations  as  he  shall deem necessary to carry out the provisions of this section.