2023 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 or her 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 or her possession. For the  purposes
of  this  article  an  inflatable  restraint  system  shall  be  a major
component part and a catalytic converter  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 or her 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.  In  addition,  the  commissioner  shall require every vehicle
dismantler to produce, every  sixty  days,  all  records  regarding  the
number of catalytic converters they took in within such sixty-day period

subject to the record keeping requirements of this section. Upon request
of any agent of the commissioner and during his or her 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. If a vehicle dismantler has gained  money  or  property  by
failing  to  produce  records of the number of catalytic converters they
take in as required by the commissioner pursuant to this paragraph,  the
court may order such defendant to pay an amount, fixed by the court, not
to exceed double the amount of such defendant's gain from the commission
of such offense.
(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.
(c) For the purposes of this article, the term  "catalytic  converter"
shall  mean  a  device  installed  in  the exhaust system of an internal
combustion engine that utilizes catalytic action to oxidize  hydrocarbon
and carbon monoxide emissions to carbon dioxide and water.
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.