New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 81 - Procedures Relating To Vehicle Dismantlers And Other Persons Engaged In The Transfer And Disposal Of Junk And Salvage Vehicles › Section 81.8 - Procedures upon acquisition or transfer of junk and salvage vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements
				  upon acquisition of junk and salvage vehicles.
(1) Except as provided in paragraph (8) of
				  this subdivision whenever a person acquires a junk and salvage vehicle, other
				  than by receiving a properly endorsed MV-907A (transfer copy), such person
				  shall properly complete an MV-907A in accordance with the instructions on the
				  form and submit the DMV copy to the Department of Motor Vehicles within 15
				  business days of the date such vehicle was acquired, together with the title
				  certificate or other proof of ownership for such vehicle. If the title
				  certificate indicates there is a lien or liens on the vehicle, and if any such
				  lien or liens are satisfied, "Satisfaction of Lien," form MV-901 should also be
				  submitted. The person who acquired the junk and salvage vehicle retains the
				  other two parts of form MV-907A. The transfer copy serves as proof of ownership
				  for the vehicle and may be used to transfer the vehicle. This subdivision does
				  not apply to scrap processors.
(2)
				  The requirement for completing an MV-907A shall not apply to a person who
				  acquires a junk and salvage vehicle by receiving a properly endorsed MV-907A
				  (transfer copy) unless and until such person is ready to transfer the entire
				  vehicle. Such MV-907A (transfer copy) shall be proof of ownership for such
				  vehicle.
(3) Scrap processors. A
				  scrap processor who acquires a junk and salvage vehicle shall follow the
				  procedure set forth in this subdivision, except that a 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 415  of the Vehicle and Traffic Law, an
				  insurance company, a governmental agency, a manufacturer of motor vehicles, a
				  person in whose name a certificate of title or other ownership document has
				  been issued for such vehicle, a person alleging ownership and utilizing form
				  MV-35, signed and properly completed, for a vehicle at least eight model years
				  old and worth $750 or less, or a person registered or certified or issued an
				  identification number pursuant to this Part. This restriction shall not apply
				  to a major component part included in a mixed load, which is a load consisting
				  of more than 50 percent nonvehicular scrap. A scrap processor must take
				  possession of any certificate of title or form MV-35 used as proof of ownership
				  of a vehicle the scrap processor is buying. The scrap processor must send
				  certificates of title and completed forms MV-35 to the Department of Motor
				  Vehicles within 15 days.
(4)
				  Insurance companies. If an insurance company is required to file an MV-907A,
				  either an appraisal report or two pictures of the vehicle, taken from two
				  different points, showing the major damage to the vehicle, if any, shall be
				  filed with the DMV copy of the MV-907A. This provision shall not apply to an
				  MV-907A filed with respect to an unrecovered stolen vehicle. If an out-of-state
				  insurance company uses an adjustor in New York to settle a total loss claim,
				  then the adjustor shall file form MV-907A. If an insurance company authorizes a
				  salvage pool or a vehicle dismantler to possess a vehicle, but is unable to
				  promptly deliver the MV-907A for that vehicle, it shall deliver or mail within
				  four days a written document authorizing the salvage pool or vehicle dismantler
				  to possess the vehicle. The written document must identify the vehicle by year,
				  make, vehicle identification number and, if appropriate, insurance company file
				  number. More than one vehicle may be identified on a single letter or other
				  written document.
(5) Salvage
				  pools. A salvage pool may retain possession of a salvage vehicle without proper
				  proof of ownership if it is awaiting a certificate of title or an MV-907A from
				  an insurance company. Within five days of receipt of a vehicle without its
				  proof of ownership, a salvage pool shall receive from an insurance company a
				  letter or other written document authorizing the salvage pool to possess the
				  vehicle. The letter or other written document must identify the vehicle by
				  year, make, vehicle identification number and, if appropriate, insurance
				  company file number. More than one vehicle may be identified on a single letter
				  or other written document. A salvage pool shall not transfer any vehicle except
				  by use of a properly completed MV-907A.
(6) Vehicle dismantlers. A vehicle dismantler
				  may retain possession of a salvage vehicle without proper proof of ownership if
				  it is awaiting a salvage certificate (form MV-907A) from an insurance company.
				  Within five days of receipt of a vehicle without its proof of ownership, a
				  vehicle dismantler shall receive from an insurance company a letter or other
				  written document authorizing the vehicle dismantler to possess the vehicle. The
				  letter or other written document must identify the vehicle by year, make,
				  vehicle identification number and, if appropriate, the insurance company file
				  number. More than one vehicle may be identified on a single letter or other
				  written document. A vehicle dismantler shall not remove any parts, whether
				  major component parts or not, from a salvage vehicle until it has proper proof
				  of ownership for that vehicle.
(7)
				  Self-insured.
(i) The commissioner shall
				  provide a supply of salvage certificates (form MV-907A) to a self-insured fleet
				  operator at no charge. When a vehicle in the fleet becomes a severely damaged
				  fleet vehicle, the fleet operator shall complete the salvage certificate and
				  mail copy two of it together with the title to the vehicle to the address shown
				  on the form.
(ii) Failure to
				  safeguard salvage certificates or failure to properly complete and mail a
				  salvage certificate when required to do so may result in the commissioner
				  revoking a fleet operator's privilege of being self-insured.
(8) A vehicle dismantler, within
				  15 days after acquiring a motor vehicle or trailer, must determine whether or
				  not the vehicle will be sold to a scrap processor. If the vehicle is to be sold
				  to a scrap processor, a salvage certificate (form MV-907A) is not required.
				  Instead, the vehicle is entered in the Book of Registry and on a Multiple Entry
				  Form for Salvage Vehicles (form MV-907M), to which the proof of ownership for
				  the vehicle must be attached. No later than the last day of each month, the
				  form must be mailed to the address shown on the form.