2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 20 - Suspension and Revocation › 511-B - Seizure and Redemption of Unlawfully Operated Vehicles.

§ 511-b. Seizure  and  redemption  of unlawfully operated vehicles. 1.
Upon making an arrest or upon issuing a summons or an appearance  ticket
for  the  crime of aggravated unlicensed operation of a motor vehicle in
the first or second degree committed in his presence, an  officer  shall
remove or arrange for the removal of the vehicle to a garage, automobile
pound, or other place of safety where it shall remain impounded, subject
to the provisions of this section if: (a) the operator is the registered
owner  of  the vehicle or the vehicle is not properly registered; or (b)
proof of financial security is not produced; or (c) where a person other
than the operator is the registered owner and, such  person  or  another
properly  licensed  and authorized to possess and operate the vehicle is
not present. The vehicle shall be entered into the  New  York  statewide
police  information  network  as an impounded vehicle and the impounding
police  department  shall  promptly  notify  the  owner  and  the  local
authority that the vehicle has been impounded.
2.  A  motor vehicle so impounded shall be in the custody of the local
authority and shall not be released unless:
(a) The person who redeems it has furnished satisfactory  evidence  of
registration and financial security;
(b)  Payment  has  been  made  for the reasonable costs of removal and
storage of the motor vehicle. The registered owner of the vehicle  shall
be  responsible  for  such payment provided, however, that if he was not
the operator at the time of the offense he shall have a cause of  action
against such operator to recover such costs. Payment prior to release of
the  vehicle  shall not be required in cases where the impounded vehicle
was stolen or was rented or leased pursuant to a written agreement for a
period of thirty days or less, however the operator of  such  a  vehicle
shall  be  liable for the costs of removal and storage of the vehicle to
any entity rendering such service.
(c) Where the motor vehicle was operated by a person who at  the  time
of the offense was the owner thereof, (i) satisfactory evidence that the
registered  owner  or  other  person seeking to redeem the vehicle has a
license or privilege to operate a motor vehicle in this state, and  (ii)
(A)  satisfactory  evidence  that  the  criminal action founded upon the
charge of aggravated unlicensed operation of a motor  vehicle  has  been
terminated and that any fine imposed as a result of a conviction thereon
has  been  paid,  or  (B) a certificate issued by the court in which the
criminal action was commenced ordering release of the vehicle  prior  to
the  judgment or compliance therewith in the interest of justice, or (C)
a  certificate  issued  by  the  district  attorney  or  other   officer
authorized  to  prosecute  such  charge waiving the requirement that the
vehicle be held as security for appearance before  and  compliance  with
the judgment of the court.
3.  When  a  vehicle seized and impounded pursuant to this section has
been in the custody  of  the  local  authority  for  thirty  days,  such
authority   shall   make   inquiry  in  the  manner  prescribed  by  the
commissioner as to the name and address of the owner and any  lienholder
and  upon  receipt  of  such  information shall notify the owner and the
lienholder, if any, at his last known address by certified mail,  return
receipt  requested,  that  if  the  vehicle is not retrieved pursuant to
subdivision two of this section within thirty days  from  the  date  the
notice  is given, it will be forfeited. If the vehicle was registered in
New York the last known address shall be that address on file  with  the
commissioner.  If  the  vehicle  was  registered  out-of-state  or never
registered, notification shall be made in the manner prescribed  by  the
commissioner.
4.  A motor vehicle that has been seized and not retrieved pursuant to
the foregoing provisions of this section shall be forfeited to the local

authority upon expiration of the period  of  the  notice  set  forth  in
subdivision  three  of this section provided, however, in computing such
period, the period of time during which a criminal prosecution is or was
pending  against  the  owner  for  a  violation of this section shall be
excluded. A proceeding to decree such forfeiture and to  recover  towing
and  storage  costs,  if  any,  to the extent such costs exceed the fair
market value of the vehicle may be brought by the local authority in the
court in which the criminal action for aggravated  unlicensed  operation
of  a  motor  vehicle  was  commenced by petition for an order decreeing
forfeiture of the motor vehicle accompanied by an affidavit attesting to
facts showing that forfeiture is warranted. If the identity and  address
of the owner and/or lienholder is known to the local authority, ten days
notice  shall  be  given to such party, who shall have an opportunity to
appear and be heard prior to entry of  an  order  decreeing  forfeiture.
Where  the  court  is  satisfied  that  forfeiture of a motor vehicle is
warranted in accordance with this  section,  it  shall  enter  an  order
decreeing  forfeiture of such vehicle. Provided, however, that the court
at any time prior to entry of such an order may authorize release of the
vehicle in accordance with  subdivision  two  of  this  section  upon  a
showing of good cause for failure to retrieve same prior to commencement
of  the proceeding to decree forfeiture, but if the court orders release
of the motor vehicle as herein provided and the vehicle is not  redeemed
within ten days from the date of such order, the vehicle shall be deemed
to  have  been  abandoned  and  the  court upon application of the local
authority must enter an order decreeing its forfeiture.
5. A motor vehicle forfeited in accordance with the provisions of this
section shall be and become the property of the local authority, subject
however to any lien that was recorded prior to the seizure.
6. For the purposes of this section, the term "local authority"  means
the  municipality  in which the motor vehicle was seized; except that if
the motor vehicle was seized 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, the term "local authority" means
such authority, office, department, or commission. A county may  provide
by  local law that the county may act as the agent for a local authority
under this section.
7. When a vehicle has been  seized  and  impounded  pursuant  to  this
section, the local authority or any person having custody of the vehicle
shall  make  the vehicle available or grant access to it to any owner or
any person designated or authorized by such owner for the purpose of (i)
taking possession of any personal property found within the vehicle  and
(ii)  obtaining  proof  of  registration,  financial  security, title or
documentation in support thereof.