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 81.1 - Introduction and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Introduction. This Part supplements the provisions of sections 415-a, 429 and
				  430  of the Vehicle and Traffic Law, as
				  amended by chapters 691 and 692 of the Laws of 1979. The provisions of this
				  Part do not apply to 1972 or older model year vehicles nor any other vehicle
				  not eligible for a title.
(b)
				  Definitions. For the purposes of this Part, any term defined in section 415-a  of the Vehicle and Traffic Law shall
				  have the same meaning when used in this Part. In addition, the following
				  definitions are set forth:
(1) Major
				  component part. A major component part is an engine, a transmission, a frame, a
				  body, a nose or an inflatable restraint system.
(2) Nose. The nose is that portion of the
				  body of a vehicle from the front to the fire wall when acquired or transferred
				  as a complete unit.
(3) Frame. The
				  frame is that part of a vehicle upon which other component parts are affixed,
				  such as the engine, body or transmission.
(4) Body. The body is that part of a vehicle
				  which determines its shape and appearance, and which is attached to the
				  frame.
(5) Vehicle. A vehicle,
				  other than a trailer, shall consist of the frame with two other uncrushed major
				  component parts attached thereto and transferred or acquired as a complete
				  unit, except that in any case where a vehicle is designed in such a manner that
				  one integrated unit performs the functions of the frame and body together, a
				  vehicle shall consist of such unit together with any one other major component
				  part still attached. A trailer is also a vehicle.
(6) Junk and salvage vehicle. A junk and
				  salvage vehicle is any 1973 or later model year vehicle which has been
				  transferred to an insurance company in settlement of a claim for damage thereto
				  or theft thereof and any 1973 or later model vehicle which has been sold or
				  otherwise disposed of as junk or salvage.
(7) Trailer. A trailer shall consist of frame
				  and body, if any, of a vehicle which is designed to be drawn on the public
				  highway by another vehicle.
(8)
				  Proof of ownership. Proof of ownership for a junk and salvage vehicle shall
				  consist of one of the following:
(i) the most
				  recent certificate of title which has been issued for such vehicle;
(ii) the most recent MV-907A (transfer copy)
				  for which a corresponding MV-907A (DMV copy) has been filed with the department
				  or for which the most recent MV-907A (transfer copy) has been attached to one
				  or more MV-907A forms (transfer copies) of which the earliest corresponding
				  MV-907A (DMV copy) has been filed with the department;
(iii) a transferable registration or similar
				  acceptable proof of ownership for a vehicle which is eligible for a title but
				  which is not required to be titled;
(iv) in the case of a vehicle 10 or more
				  model years old which has been abandoned on private property and for which the
				  owner of the vehicle cannot be located, form MV-37 signed and properly
				  completed by the owner of the property upon which such vehicle was
				  abandoned;
(v) form MV-907;
				  or
(vi) in the case of a vehicle
				  eight or more model years old, and worth $1250 or less, form MV-35, signed and
				  properly completed by the owner of the vehicle.
(9) Fleet owner. A fleet owner is a person
				  (including a business of any type) who has 25 or more vehicles titled or
				  registered in New York and who does not have such vehicles insured for damage
				  or theft by an insurance company duly authorized to transact business in this
				  State.
(10) Severely damaged fleet
				  vehicle. A severely damaged fleet vehicle is a vehicle damaged by accident,
				  fire or disaster and not returned to service by the fleet owner if:
(i) the vehicle is either titled or
				  registered in New York and suffered a decline in value of at least 60 percent
				  due to the accident, fire or disaster; or
(ii) the accident, fire or disaster occurred
				  in New York and, as a result, the vehicle suffered a decline in value of at
				  least 60 percent; or
(iii) the
				  vehicle suffered a decline in value of at least 60 percent due to accident,
				  fire or disaster and the vehicle is sold in New York; or
(iv) the engine of the vehicle has to be
				  replaced as a result of the accident, fire or disaster and the vehicle is sold,
				  titled or registered in New York; or
(v) the engine of the vehicle has to be
				  replaced as a result of the accident, fire or disaster which occurred in New
				  York.
(A) flow chart explaining this paragraph
				  is found in paragraph [11] of this subdivision).
(11) Self-insured fleet vehicles
				  flow chart.
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(12) Vehicle dismantler. Any person who is
				  engaged in the business of acquiring motor vehicles or trailers for the purpose
				  of dismantling the same and selling the major or minor or both types of
				  component parts or reselling such vehicles as scrap and any motor vehicle
				  dealer who classifies as salvage 25 percent or more of the vehicles sold in any
				  month. All such persons must register as a vehicle dismantler.
(13) Inflatable restraint system. An air bag
				  as defined in  49 CFR part 571.208  (S4.1.5.1) that is designed and installed to
				  be activated in a crash.