NY Veh & Traf L § 423-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 4 - Registration of Vehicles Article 17 - Other Provisions Relating to Registration and Possession 423-A - Enforcement Procedures for Insuring the Retention of Vehicle Identification Numbers on Vehicles.

§ 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.