NY Veh & Traf L § 1224 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 33 - Miscellaneous Rules 1224 - Abandoned Vehicles.

§ 1224. Abandoned  vehicles.  1. A motor vehicle shall be deemed to be an abandoned vehicle if left unattended  (a) with no number plates affixed thereto, for more than six hours  on any highway or other public place;  (b)  for  more  than  twenty-four hours on any highway or other public place, except a portion of a highway or public place on which parking is legally permitted;  (c) for more than forty-eight hours, after the parking of such vehicle shall have become illegal, if left on a portion of a highway  or  public place on which parking is legally permitted;  (d)  for  more  than  ninety-six  hours on property of another if left without permission of the owner.   2. If an abandoned vehicle, at the time of abandonment, has no  number plates  affixed  and  is of a wholesale value, taking into consideration the condition of the vehicle, of one thousand two hundred fifty  dollars or  less, ownership shall immediately vest in the local authority having jurisdiction thereof and title to the vehicle shall vest  in  accordance with  applicable  law  and  regulations  of  the  commissioner, provided however that a local authority shall not be required to obtain title  to an  abandoned  vehicle  that  is  subject  to  the  provisions  of  this subdivision if the vehicle will be sold or otherwise disposed of as junk or salvage, dismantled for  use  other  than  as  a  motor  vehicle,  or otherwise destroyed.   3.  (a)  Except  for  vehicles  governed  by  subdivision two, a local authority having custody of an abandoned vehicle shall make  an  inquiry concerning the last owner of such vehicle as follows:  (i)  abandoned vehicle with number plates affixed--to the jurisdiction which issued such number plates;  (ii) abandoned vehicle with no number plates  affixed--the  department of motor vehicles.  (b)  Such  local authority shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned  vehicle  and that,  if  unclaimed,  it will be sold at public auction or by bid after ten days from the date such notice was given. If the agency described in paragraph (a) also notifies such local authority that a lien or mortgage exists such notice shall also be sent to the  lienholder  or  mortgagee. The  commissioner  shall  prescribe  the  methods  of giving notice. Any person claiming such vehicle shall be  required  to  pay  the  costs  of removal and storage of such vehicle.  (c)  Ownership of such abandoned vehicles, if unclaimed, shall vest in such local authority ten days from the date such notice is given; or  if the  last  owner  cannot  be  ascertained,  when  notice of such fact is received.   4. For the purposes of this section, a  local  authority  entitled  to custody  of  an abandoned vehicle shall be the town in which the vehicle was abandoned, or if abandoned in a city or village, the city or village in which the  vehicle  was  abandoned,  except  that  if  a  vehicle  is abandoned  on  property  of  the  New  York  state  thruway authority or property under the jurisdiction of the office of parks,  recreation  and historic  preservation,  the  department  of transportation, or a public authority  or  commission,  such  authority,   office,   department   or commission   shall   be   entitled  to  the  custody  of  such  vehicle. Notwithstanding any provision of  this  section  to  the  contrary,  the office  of  general  services  shall  be  entitled to the custody of any vehicle abandoned on state property  subsequent  to  its  sale  by  such office.  The  commissioner may, by regulation, provide that a county may act as the agent for a local authority for the purpose of  removing  and disposing of abandoned vehicles.    5. (a) Such local authority shall determine if an abandoned vehicle is suitable  for operation on the public highways. If so, the vehicle shall be sold at public auction to the highest bidder or converted pursuant to subdivision six of this section.  (b)  If  such  local authority determines that an abandoned vehicle is not suitable for operation on the public highways,  it  shall  sell  the vehicle  to  a  vehicle  dismantler  or  scrap  processor  registered or certified pursuant to section four hundred fifteen-a of this chapter  or to  a vehicle dismantler or scrap processor who does not have a place of business in this state but who conforms to the laws and  regulations  of the state in which he has a place of business.  (c) An abandoned vehicle without a vehicle identification number plate must  be  sold  only  to  a  vehicle  dismantler  or  a  scrap processor registered or certified pursuant to section four  hundred  fifteen-a  of this  chapter or to a vehicle dismantler or scrap processor who does not have a place of business in this state but who conforms to the laws  and regulations  of  the  state in which he has a place of business. Nothing contained herein shall be construed as preventing a local authority from applying for a replacement vehicle identification number plate.   6. (a) A local authority, if authorized by local law, may  convert  to its  own use those abandoned vehicles not affected by subdivision two of this section or may, by sale or gift, transfer  title  to  any  of  such vehicles  to  any  other  municipal  corporation  for  use  by  its  law enforcement agency, provided  however,  the  total  number  of  vehicles converted  and/or  transferred  in  any calendar year may not exceed one percent of  the  local  authority's  unclaimed  abandoned  vehicles  not affected  by  subdivision  two  of  this  section  or two such vehicles, whichever is greater.  (b) Any proceeds from the  sale  of  an  abandoned  vehicle  less  any expenses  incurred  by  such  local authority shall be held by the local authority without interest, for the benefit of the owner of such vehicle for a period of one year. If not claimed within such  one  year  period, such  proceeds  shall  be  paid  into  the  general  fund  of such local authority.   7. (a) No person shall cause any vehicle to be an  abandoned  vehicle. There  shall  be a rebuttable presumption that the owner of an abandoned vehicle caused such  vehicle  to  be  abandoned.  A  violation  of  this subdivision  shall  be punishable by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. In  a  city  having  a population of one million or more, a violation of this subdivision shall in  addition  be  punishable  by  a  civil  penalty of not less than two hundred fifty dollars nor more than one thousand dollars.  (b) Notwithstanding any other provision of law, in addition  to  those persons  otherwise authorized to enforce this subdivision and adjudicate violations thereof, this subdivision shall also be enforceable in a city having a population of one million or more  by  an  agency  or  agencies designated  for  such  purpose by the mayor of such city, and notices of violation may be returnable to the environmental control board  of  such city,  which  shall  have the power to impose the civil penalties herein provided. Notwithstanding any other  provision  of  law,  service  of  a notice  of  violation  for  a violation of this subdivision committed in such city may be made  upon  an  owner  by  first  class  mail,  postage prepaid,  and any such notice served by mail shall be returnable only to such environmental control board. Such service by first class mail shall be deemed complete upon mailing of the notice of violation,  unless  the notice  of  violation  is  returned  to  the sender by the United States postal service for  any  reason  other  than  refusal  of  delivery.  In addition,  any  notice  of violation for a violation of this subdivision  may be served by a means  prescribed  in  article  three  of  the  civil practice law and rules or article three of the business corporation law. Notwithstanding any other provision of law, such civil penalties imposed by  such environmental control board shall be paid into the general fund of such city. Notwithstanding section one  hundred  fifty-five  of  this chapter  or  any  other  provision  of  law,  where  a  person  has been adjudicated by such environmental control board to be  in  violation  of this  subdivision, such adjudication shall not have the force and effect of a conviction of a  traffic  infraction  or  of  a  violation  of  any provision  of  this  chapter  for  any  purpose  not  specified  in this subdivision.  (c) Any  final  order  issued  pursuant  to  this  subdivision  by  an environmental control board of a city having a population of one million or  more  shall  constitute a judgment which may be entered in any place provided for the entry of civil judgments within the state, and  may  be enforced without court proceedings in the same manner as the enforcement of  money judgments entered in civil actions; provided, however, that no such judgment shall be entered that exceeds  the  sum  of  ten  thousand dollars  for  each  respondent.  Notwithstanding the preceding sentence, before a  judgment  based  upon  a  default  may  be  so  entered,  such environmental  control  board must have notified the respondent by first class mail in such form as such environmental control board may  direct: (1)  of the default decision and order and the penalty imposed; (2) that a judgment will be entered in any place provided for the entry of  civil judgments  in  the  state;  and  (3)  that entry of such judgment may be avoided by requesting a stay of default for good cause shown and  either requesting  a  hearing  or entering a plea pursuant to the rules of such environmental control board within thirty days of the  mailing  of  such notice.  No  judgment  based  upon  a  default  may be so entered by the environmental control  board  within  less  than  sixty  days  from  the completion  of service by mail of the notice of violation as provided in paragraph (b) of this subdivision. Any requirement of any  provision  of law other than this subdivision that relates to the manner of service of the   notice  of  violation  that  precedes  any  final  order  of  such environmental control board shall not apply  to  a  final  order  issued pursuant  to  this  subdivision.  A  judgment  entered  pursuant to this paragraph shall remain in full force and effect for eight years.  (d) Notwithstanding any other provision of  this  chapter,  where  the environmental control board of a city having a population of one million or  more  has  adjudicated  any  person  to  be  in  violation  of  this subdivision  and  the  civil  penalty  therefor  is   not   paid,   such environmental  control  board  shall  notify  the  commissioner of motor vehicles of the judgment, who shall suspend any license of  such  person to  operate  a  motor  vehicle  in  this  state,  or,  if such person is unlicensed, such person's privilege of obtaining a license issued by the commissioner, or, if  such  person  is  a  non-resident,  such  person's privilege of operating a motor vehicle in this state, pending payment of such  civil  penalty. The procedures set forth in the first paragraph of subdivision seven of section five hundred ten of this chapter  shall  be applicable to a suspension pursuant to this paragraph.  (e)  For purposes of this subdivision only, the term "owner" means any person, corporation, partnership, firm, agency, association,  lessor  or organization  who  at  the time of the issuance of a notice of violation for a violation of this subdivision:  (i) is the beneficial or equitable owner of the abandoned vehicle; or  (ii) has title to such vehicle; or  (iii) is the registrant or co-registrant of  such  vehicle  registered with  the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or  (iv) uses such vehicle in its renting and/or leasing business; or  (v)  is  an  owner  of  such vehicle as defined by section one hundred twenty-eight of this chapter or subdivision (a)  of  section  twenty-one hundred one of this chapter.   9.  The  last  owner  of  an abandoned vehicle shall be liable to such local authority for the costs of removal and storage of such vehicle.   10. The commissioner shall prescribe  by  regulation  such  forms  and procedures  necessary  or desirable to effectuate the provisions of this section. Such regulations may include procedures  for  the  removal  and disposition  of vehicle identification numbers of abandoned vehicles and forms for local records for abandoned vehicles and inquiries relating to ownership of such vehicles.