§ 184 — Lien of bailee of motor vehicles, motor boats or aircraft

New York § 184

• Jurisdiction: New York
• Law LIE: Lien
• Art. 8: Other Liens On Personal Property

Text

§ 184. Lien of bailee of motor vehicles, motor boats or aircraft. 1. A\nperson keeping a garage, hangar or place for the storage, maintenance,\nkeeping or repair of motor vehicles as defined by the vehicle and\ntraffic law, or of motor boats as defined by article seven of the\nnavigation law, or of aircraft as defined by article fourteen of the\ngeneral business law, and who in connection therewith tows, stores,\nmaintains, keeps or repairs any motor vehicle, motor boat, or aircraft\nor furnishes gasoline or other supplies therefor at the request or with\nthe consent of the owner or, subject to the provisions of subdivision\ntwo of this section, tows and stores any motor vehicle at the request of\na law enforcement officer authorized to remove such motor vehicle,\nwhether or not such motor vehicle, motor boat or aircraft is subject to\na security interest, has a lien upon such motor vehicle, motor boat or\naircraft for the sum due for such towing, storing, maintaining, keeping\nor repairing of such motor vehicle, motor boat or aircraft or for\nfurnishing gasoline or other supplies therefor and may detain such motor\nvehicle, motor boat or aircraft at any time it may be lawfully in his\npossession until such sum is paid, except that if the lienor, subsequent\nto thirty days from the accrual of such lien, allows the motor vehicle,\nmotor boat or aircraft out of his actual possession the lien provided\nfor in this section shall thereupon become void as against all security\ninterests, whether or not perfected, in such motor vehicles, motor boat\nor aircraft and executed prior to the accrual of such lien,\nnotwithstanding possession of such motor vehicle, motor boat or aircraft\nis thereafter acquired by such lienor.\n However, if the bailee of a motor vehicle, motor boat or aircraft has\nfurnished a written estimate of the cost of towing, storage,\nmaintenance, repair or any other service on such motor vehicle, motor\nboat or aircraft, any lien sought by such bailee for such service may\nnot be in an amount in excess of the written estimate.\n 2. A person who tows and stores a motor vehicle at the request of a\nlaw enforcement officer authorized to remove such motor vehicle shall be\nentitled to a lien for the reasonable costs of such towing and storage,\nprovided that such person, within five working days from the initial\ntowing, mails to the owner of said motor vehicle a notice by certified\nmail return receipt requested that contains the name of the person who\ntowed and is storing said motor vehicle, the amount that is being\nclaimed for such towing and storage, and the address and times at which\nsaid motor vehicle may be recovered. Such notice shall further state\nthat the person mailing said notice claims a lien on said motor vehicle\nand that said motor vehicle shall be released to the owner thereof or\nhis or her lawfully designated representative upon full payment of all\ncharges accrued to the date that said motor vehicle is released. A\nperson who mails the foregoing notice within said five day period shall\nbe entitled to a lien for storage from and after the date of initial\ntowing, but a person who fails to mail such notice within said five day\nperiod shall only be entitled to a lien for storage from and after the\ndate that the notice was mailed. A failure to mail such notice in a\ntimely fashion shall not affect a lien for towing.\n 3. The provisions of this section shall not apply to a person who tows\nand stores a motor vehicle at the request of a law enforcement officer\nwhere such request is made pursuant to the provisions of a local law or\nordinance regulating the towing and safekeeping of stolen or abandoned\nvehicles within such locality and which requires such motor vehicle to\nbe turned over to the locality after a specified period of time.\n 4. The lien provided herein shall not inure to the benefit of any\nperson required to be registered as a motor vehicle repair shop pursuant\nto article twelve-A of the vehicle and traffic law who is not so\nregistered.\n 5. A person who tows and stores a motor vehicle at the request of a\nlaw enforcement officer authorized to remove such motor vehicle, and who\nseeks to assert a lien for the storage of such motor vehicle pursuant to\nsubdivision two of this section shall mail by certified mail, return\nreceipt requested, a notice pursuant to this subdivision to every person\nwho has perfected a security interest in such motor vehicle or who is\nlisted as a lienholder upon the certificate of title of such motor\nvehicle pursuant to the vehicle and traffic law within twenty days of\nthe first day of storage. Such notice shall include the name of the\nperson providing storage of the motor vehicle, the amount being claimed\nfor such storage, and address and times at which the motor vehicle may\nbe recovered. The notice shall also state that the person providing such\nnotice claims a lien on the motor vehicle and that such motor vehicle\nshall be released upon full payment of all storage charges accrued on\nthe date the motor vehicle is released. A person who mails such notice\nwithin such twenty day period shall be entitled to a lien for storage\nfrom and after the first date of storage. A person who fails to mail\nsuch notice within such twenty day period shall only be entitled to a\nlien for the amount payable for storage from and after the date the\nnotice was mailed. A failure to mail such notice in a timely fashion\nshall not affect a lien for towing.\n