§ 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\nor disposal of junk and salvage vehicles. 1. Definition and registration\nof vehicle dismantlers. A vehicle dismantler is any person who is\nengaged in the business of acquiring motor vehicles or trailers for the\npurpose of dismantling the same for parts or reselling such vehicles as\nscrap. No person shall engage in the business of or operate as a vehicle\ndismantler unless there shall have been issued to him a registration in\naccordance with the provisions of this section. A violation of this\nsubdivision shall be a class E felony.\n 1-a. Definition and registration of salvage pools. A salvage pool is\nany person, acting on behalf of the vehicle owner or an insurance\ncompany, who sells, offers for sale or solicits bids for the sale of\njunk or salvage vehicles or major component parts of such vehicles, or\ndisplays or permits the display of such vehicles or parts upon premises\nowned or controlled by him, but who does not dismantle vehicles. No\nperson shall engage in business as a salvage pool unless there shall\nhave been issued to him a registration in accordance with the provisions\nof this section. A violation of this subdivision shall be a class A\nmisdemeanor.\n 1-b. Definition and registration of mobile car crushers. A mobile car\ncrusher is any person who engages in the business of operating a\ntransportable car crusher, but who does not acquire ownership of the\nvehicles which he crushes. No person shall engage in the business of or\noperate as a mobile car crusher unless there shall have been issued to\nhim a registration in accordance with the provisions of this section. A\nviolation of this subdivision shall be a class A misdemeanor.\n 1-c. Itinerant vehicle collectors. An itinerant vehicle collector is\nany person who is engaged in the business of acquiring non-operable\nvehicles and who sells such vehicles or major component parts thereof to\na vehicle dismantler or scrap processor. No person shall engage in\nbusiness as an itinerant vehicle collector unless there shall have been\nissued to him a registration in accordance with the provisions of this\nsection. A violation of this subdivision shall be a class A misdemeanor.\n 2. Application for registration. An application for registration as a\nvehicle dismantler, salvage pool, mobile car crusher or itinerant\nvehicle collector shall be made to the commissioner on a form prescribed\nby him which shall contain the name and address of the applicant and the\nnames and addresses of all persons having a financial interest in the\nbusiness. Such application shall contain a listing of all felony\nconvictions and all other convictions relating to the illegal sale or\npossession of a motor vehicle or motor vehicle parts, and a listing of\nall arrests for any such violations by the applicant and any other\nperson required to be named in such application. On and after January\nfirst, nineteen hundred ninety-two, such application for or renewal of\nregistration as a vehicle dismantler shall, in addition to the\nforegoing, contain a statement indicating that the applicant has\npurchased approved motor vehicle refrigerant recycling equipment or\nrefrigerant recapturing equipment in accordance with section 38-0107 of\nthe environmental conservation law. Applicants who are vehicle\ndismantlers must submit along with their application either a\nmanufacturer's certificate issued upon purchase or an invoice with proof\nof payment. All such documents shall contain the name and address of the\nrepair shop and manufacturer, the date purchased, and the serial numbers\nof the units acquired. The application shall also contain the business\naddress of the applicant and may contain any other information required\nby the commissioner.\n 3. Fees. The annual fee for registration as a vehicle dismantler,\nsalvage pool, mobile car crusher or itinerant vehicle collector shall be\nfifty dollars. Upon approval of an application, an appropriate\nregistration shall be issued for a period of time determined by the\ncommissioner and if issued for a period of more or less than one year,\nthe fee shall be prorated on a monthly basis. Fees assessed under this\nsection shall be paid to the commissioner for deposit to the general\nfund.\n 4. Requirements for registration. (a) Except as otherwise provided\nherein, no registration shall be issued or renewed unless the applicant\nhas a permanent place of business at which the activity requiring\nregistration is performed which conforms to section one hundred\nthirty-six of the general municipal law as such section applies and to\nall local laws or ordinances and the applicant and all persons having a\nfinancial interest in the business have been determined by the\ncommissioner to be fit persons to engage in such business. However, the\ncommissioner may issue a temporary registration pending final\ninvestigation of an application.\n (b) The provisions of this subdivision requiring a place of business\nat which the activity requiring registration is performed shall not\napply to a mobile car crusher nor to an itinerant vehicle collector.\nHowever, the mobile car crusher or itinerant vehicle collector must\notherwise comply with all applicable local licensing laws or ordinances.\n (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the commissioner may issue a registration to an applicant\nfor registration as a vehicle dismantler or salvage pool to a person who\nmay not comply with local laws relating to zoning provided that the\napplicant has engaged in business at that location as a vehicle\ndismantler since September first, nineteen hundred seventy-three.\nHowever, the issuance of such registration shall not be a defense with\nrespect to any action brought with respect to violation of any such\nlocal law.\n 5. Records and identification. (a) Any records required by this\nsection shall apply only to vehicles or parts of vehicles for which a\ncertificate of title has been issued by the commissioner or which would\nbe eligible to have such a certificate of title issued. Every person\nrequired to be registered pursuant to this section shall maintain a\nrecord of all motor vehicles, trailers, and major component parts\nthereof, coming into his or her possession together with a record of the\ndisposition of any such motor vehicle, trailer or part thereof and the\ndate such motor vehicle, trailer or part thereof is received and shall\nmaintain proof of ownership for any motor vehicle, trailer or major\ncomponent part thereof while in his or her possession. For the purposes\nof this article an inflatable restraint system shall be a major\ncomponent part and a catalytic converter shall be a major component\npart. Such records shall be maintained in a manner and form prescribed\nby the commissioner. The commissioner may, by regulation, exempt\nvehicles or major component parts of vehicles from all or a portion of\nthe record keeping requirements based upon the age of the vehicle if the\ncommissioner deems that such record keeping requirements would not\nfurther the purposes of the motor vehicle theft prevention program\nestablished by section two hundred twenty-three of this chapter. Upon\nrequest of an agent of the commissioner or of any police officer and\nduring his or her regular and usual business hours, a vehicle dismantler\nshall produce such records and permit said agent or police officer to\nexamine them and any vehicles or parts of vehicles which are subject to\nthe record keeping requirements of this section and which are on the\npremises. In addition, the commissioner shall require every vehicle\ndismantler to produce, every sixty days, all records regarding the\nnumber of catalytic converters they took in within such sixty-day period\nsubject to the record keeping requirements of this section. Upon request\nof any agent of the commissioner and during his or her regular and usual\nbusiness hours, a salvage pool, mobile car crusher or itinerant vehicle\ncollector shall produce such records and permit said agent or police\nofficer to examine them and any vehicles or parts of vehicles which are\nsubject to the record keeping requirements of this section and which are\non the premises. The failure to produce such records or to permit such\ninspection on the part of any person required to be registered pursuant\nto this section as required by this paragraph shall be a class A\nmisdemeanor. If a vehicle dismantler has gained money or property by\nfailing to produce records of the number of catalytic converters they\ntake in as required by the commissioner pursuant to this paragraph, the\ncourt may order such defendant to pay an amount, fixed by the court, not\nto exceed double the amount of such defendant's gain from the commission\nof such offense.\n (b) Every vehicle dismantler and salvage pool shall display at his\nplace of business at least one sign upon which his registration number\nand any other information required by the commissioner is affixed in a\nmanner prescribed by the commissioner and further shall affix his\nregistration number on all advertising, business cards, and vehicles\nused by him in connection with his business. The commissioner is hereby\nempowered to require, by regulation, that vehicle dismantlers and\nsalvage pools mark, stamp or tag major component parts of vehicles in\ntheir possession in a manner prescribed by the commissioner so as to\nenable the part so marked to be identified as having come from a\nparticular vehicle and from a particular vehicle dismantler and salvage\npool. A violation of this paragraph shall be a class A misdemeanor.\n (c) For the purposes of this article, the term "catalytic converter"\nshall mean a device installed in the exhaust system of an internal\ncombustion engine that utilizes catalytic action to oxidize hydrocarbon\nand carbon monoxide emissions to carbon dioxide and water.\n 5-a. Improper display of signs. (a) The holder of a vehicle dismantler\nor salvage pool registration shall remove or cause to be removed any\nsign which contains the license number of the facility which is visible\nto the public and which is required to be displayed by this article or\nregulations promulgated thereunder if the registration is revoked or\nsuspended or the vehicle dismantler or salvage pool is out of business.\nIf the registration is only suspended, the holder may cover up the sign\ninstead of removing it.\n (b) No person shall permit the display of any sign required to be\ndisplayed by this article or regulations promulgated thereunder\nindicating to the public that an official vehicle dismantler or salvage\npool is operating unless a dismantler or salvage pool registration has\nbeen issued to that person and is currently valid.\n 6. Suspension, revocation and refusal to renew a registration; civil\npenalty. (a) A registration may be suspended or revoked, or renewal of a\nregistration refused upon a conviction of any provision of the penal law\nrelating to motor vehicle theft, illegal possession of a stolen vehicle\nor illegal possession of stolen motor vehicle parts, or after the\nregistrant has had an opportunity to be heard upon any change of status\nof the registrant which would have resulted in refusal to issue a\nregistration, any false statement in an application for a registration,\nan egregious and willful violation of title twenty-three of article\ntwenty-seven of the environmental conservation law, any violation of\nsubdivision five of this section or regulations promulgated by the\ncommissioner with respect to this section, or any violation of title ten\nof this chapter.\n (b) Civil penalty. The commissioner, or any person deputized by him,\nin addition to or in lieu of revoking or suspending the registration of\na registrant in accordance with the provisions of this article, may in\nany one proceeding by order require the registrant to pay to the people\nof this state a civil penalty in a sum not exceeding one thousand\ndollars for each violation and upon the failure of such registrant to\npay such penalty within twenty days after the mailing of such order,\npostage prepaid, registered or certified, and addressed to the last\nknown place of business of such registrant, unless such order is stayed\nby an order of a court of competent jurisdiction, the commissioner may\nrevoke the registration of such registrant or may suspend the same for\nsuch period as he may determine. Civil penalties assessed under this\nsubdivision shall be paid to the commissioner for deposit into the state\ntreasury, and unpaid civil penalties may be recovered by the\ncommissioner in a civil action in the name of the commissioner.\n (c) In addition, as an alternative to such civil action and provided\nthat no proceeding for judicial review shall then be pending and the\ntime for initiation of such proceeding shall have expired, the\ncommissioner may file with the county clerk of the county in which the\nregistrant is located a final order of the commissioner containing the\namount of the penalty assessed. The filing of such final order shall\nhave the full force and effect of a judgment duly docketed in the office\nof such clerk and may be enforced in the same manner and with the same\neffect as that provided by law in respect to executions issued against\nproperty upon judgments of a court of record.\n 7. Registration as a dealer and as a vehicle dismantler or salvage\npool. A person may be registered as a dealer under section four hundred\nfifteen of this chapter as well as a vehicle dismantler or a salvage\npool under this section. However, any such person must obtain a separate\nregistration for each activity and must maintain separate records for\neach activity.\n 8. Vehicle rebuilders. (a) A vehicle rebuilder is any person engaged\nin the business of acquiring damaged vehicles for the purpose of\nrepairing and reselling such vehicles. In order to engage in such\nbusiness, a person must be registered as a vehicle dismantler pursuant\nto this section or as a dealer pursuant to section four hundred fifteen\nof this chapter.\n (b) A vehicle rebuilder shall maintain a record of all vehicles or\nmajor component parts thereof coming into his possession for the purpose\nof rebuilding and all major component parts used in connection with such\nrebuilding in a manner prescribed by the commissioner. Upon request of\nan agent of the commissioner or any police officer during his regular\nand usual business hours, a vehicle rebuilder shall produce such records\nand permit said agent or police officer to examine them and any vehicles\nor parts of vehicles which are subject to the record keeping\nrequirements of this section and which are on the premises. The failure\nto produce such records or to permit such records or to permit such\ninspection as required by this paragraph shall be a class A misdemeanor.\n 9. Scrap processor. (a) A scrap processor is any person required to be\nlicensed under article six-C of the general business law who purchases\nmaterial which is or may have been a vehicle or vehicle part for\nprocessing into a form other than a vehicle or vehicle part, but who,\nexcept as otherwise provided by regulation of the commissioner, does not\nsell any such material as a motor vehicle, a trailer or a major\ncomponent part thereof. No person shall engage in business or operate as\na scrap processor as defined in this paragraph unless he has given\nnotice to the commissioner that he is a scrap processor and that he has\ncomplied with article six-C of the general business law, and he has been\ncertified by the commissioner as a scrap processor. A violation of this\nparagraph shall be a class A misdemeanor.\n (b) A scrap processor shall maintain a record of vehicles and a record\nof major component parts by weight coming into his possession thereof in\na manner prescribed by the commissioner. This paragraph shall not apply\nto any major component part included in a mixed load. Upon request of an\nagent of the commissioner or any police officer or during his regular\nand usual business hours, a scrap processor shall produce such records\nand permit such agent or police officer to inspect them and to inspect\nany vehicles or major component parts of vehicles at the time of the\ndelivery of such vehicles or parts to him. The failure to produce such\nrecords or to permit such inspection as required by this paragraph shall\nbe a class A misdemeanor.\n 10. Scrap collectors and repair shops. (a) A scrap collector is any\nperson, other than a governmental agency, whose primary business is the\ncollection of miscellaneous scrap for disposal, who may as an incident\nof such business collect vehicular parts as scrap. No person shall\nengage in the business or operate as a scrap collector as defined in\nthis paragraph unless he has given notice to the commissioner that he is\na scrap collector and has been certified as a scrap collector by the\ncommissioner. A violation of this provision shall be a class A\nmisdemeanor. No person shall be certified as a scrap collector eligible\nto do business within a city having a population of one million or more,\nor any county contiguous to such city, unless such person complies with\nall local requirements applicable to such business.\n (b) If required by regulation of the commissioner, a scrap collector\nshall keep records of his acquisition and disposition of vehicular scrap\nin a manner prescribed by the commissioner. Upon request of an agent of\nthe commissioner or any police officer, a scrap collector shall produce\nsuch records as may be required to be kept and permit said agent or\npolice officer to inspect them during usual business hours or while\nbusiness is being conducted. The failure to produce such records as\nrequired by this paragraph shall be a class A misdemeanor.\n (c) A repair shop registered pursuant to article twelve-A of this\nchapter which disposes of vehicular scrap to a certified scrap processor\nshall apply to the commissioner for certification to carry out this\ndisposal. The repair shop shall include in the application for\ncertification the names and addresses of those scrap processors with\nwhom it arranges for the disposal of its scrap. Thereafter the repair\nshop shall give notice to the commissioner within thirty days of any\nchange in the scrap processors with whom it deals. The failure to comply\nwith this paragraph or to make fraudulent statements regarding the scrap\nprocessors with which a repair shop arranges for the disposal of\nvehicular scrap shall be a class A misdemeanor.\n 11. Out-of-state businesses. A person doing business in this state who\ndoes not have a place of business in this state, but has a place of\nbusiness or engages in such business in another state or province of\nCanada and who would be required to be registered or certified pursuant\nto this section if it were in this state, shall apply to the\ncommissioner for an identification number in a manner prescribed by the\ncommissioner. Such identification number shall be issued provided that\nsuch person complies with all the laws and regulations of the\njurisdiction in which he has his principal place of business or engages\nin such business applicable to such business.\n 12. Identification of certified persons. (a) Every person who is\ncertified or who has been issued an identification number by the\ncommissioner shall display such certification or identification number\nupon any vehicle used by him for the business of transporting vehicles\nor parts of vehicles, in accordance with regulations prescribed by the\ncommissioner.\n (b) It shall be a class A misdemeanor for any person required to be\nregistered or certified pursuant to the provisions of this section to\ntransport a vehicle or major component parts out of New York state\nwithout having and displaying his registration or certification number\nas provided for in this section.\n 13. Suspension or revocation of identification number or\ncertification. An identification number and/or certification issued\npursuant to subdivision eight, nine, ten or eleven of this section may\nbe suspended or revoked upon conviction of any provision of the penal\nlaw relating to motor vehicle theft, illegal possession of a stolen\nvehicle or illegal possession of stolen motor vehicle parts. The\ncommissioner may also revoke or suspend registration or certification,\nafter an appropriate hearing where the holder of the registration or\ncertification has had an opportunity to be heard, upon a finding of: (a)\nthat there has been a change to the holder's status which would have\nresulted in a refusal to issue in the first instance, or (b) that the\nissuance was based upon a false statement by the holder, or (c) that\nthere was a violation of the record keeping requirements, or (d) that\nthere was a violation of the regulations promulgated by the commissioner\npursuant to this section, or (e) that there was a violation of title X\nof this chapter.\n 14. Restrictions on scrap processors. A certified scrap processor\nshall not purchase any material which may have been a vehicle or a major\ncomponent part of a vehicle, if recognizable as such, from any person\nother than a dealer registered pursuant to section four hundred fifteen\nof this chapter, an insurance company, a governmental agency, a person\nin whose name a certificate of title or other ownership document has\nbeen issued for such vehicle or a person registered or certified or\nissued an identification number pursuant to this section. A violation of\nthis subdivision shall be a class A misdemeanor.\n 15. Regulations. The commissioner shall prescribe such rules and\nregulations as he shall deem necessary to carry out the provisions of\nthis section.\n