§ 423-A — Enforcement procedures for insuring the retention of vehicle identification numbers on vehicles

§ 423-a. Enforcement procedures for insuring the retention of vehicle\nidentification numbers on vehicles. 1. Seizure of vehicle. (a) Members\nof the state police, any local police department or any peace officer\nacting pursuant to his special duties shall seize and confiscate a motor\nvehicle or trailer if any original identification number or special\nidentification number is destroyed, removed, altered, defaced or so\ncovered as to be effectually concealed.\n (b) The commissioner shall establish standards for determining whether\nan identification number on a motor vehicle, trailer or part thereof is\ndestroyed, removed, altered, defaced or so covered as to be effectually\nconcealed. Whenever a vehicle described in paragraph (a) of this\nsubdivision is seized or confiscated, members of the state police, local\npolice department or peace officers acting pursuant to their special\nduties, if warranted, shall arrest the supposed owner or custodian\nthereof, and cause prosecution to be brought in a court of competent\njurisdiction. It shall be the duty of the appropriate agency or the\ndepartment of motor vehicles to retain the custody of each motor\nvehicle, trailer or part seized pending the prosecution of the person\narrested until the ownership of such motor vehicle, trailer or part\nshall have been ascertained. If the ownership of such motor vehicle,\ntrailer or part cannot be ascertained, or if the owner or custodian is\nconvicted of the theft or unlawful possession of said motor vehicle,\ntrailer or part, such motor vehicle, trailer or part, if in the\npossession of the state police or any other state agency shall, at the\ndirection of the office of general services, be held for, or delivered\ninto the possession of, such office, and title shall vest in such\noffice, or if in the possession of a local police department or other\nlocal authority, such motor vehicle or trailer shall be treated as an\nabandoned vehicle pursuant to section twelve hundred twenty-four of this\nchapter, or such part may be sold by the local authority to a registered\ndealer or to a registered vehicle dismantler or certified scrap\nprocessor as defined in subdivision nine of section four hundred\nfifteen-a of this chapter.\n 2. Assignment of a new identification number. If a person other than\nthe person arrested be the owner, the motor vehicle, trailer or part\nshall be returned to him as soon as he has arranged to have the\ndepartment of motor vehicles affix a new number, or in the case of a\npart, inspect such part, and the department has done so, as provided in\nsection four hundred twenty-two of this chapter. Prior to the return of\nthe motor vehicle, trailer or part, or the transfer of custody of said\nmotor vehicle, trailer or part, the arresting officer shall transmit\nnotice of the arrest to the commissioner.\n 3. Disposition of certain motor vehicles, trailers and parts. (a) If\nthe owner of a motor vehicle or trailer cannot be ascertained, or if the\nowner or custodian is arrested and convicted of the theft or unlawful\npossession of said motor vehicle or trailer, and such motor vehicle or\ntrailer is held for or is in the possession of the office of general\nservices, the office of general services shall sell the motor vehicle or\ntrailer at public auction or by bid, or, it may be registered for use by\nthe office or by a state agency in the performance of the duties of the\noffice or of such state agency, provided that the department of motor\nvehicles first affixes a special identification number to the motor\nvehicle or trailer, if required. The special identification number shall\nthereafter be used for identification, registration and all purposes of\nthis chapter, and the purchaser thereof may sell and transfer the motor\nvehicle or trailer bearing such a special identification number or\nnumbers.\n (b) If the owner of a part or parts of a motor vehicle or trailer\ncannot be ascertained, or if the owner or custodian is arrested and\nconvicted of the theft or unlawful possession thereof, and such part is\nheld for or is in the possession of the office of general services, the\noffice of general services shall sell such part or parts to a registered\ndealer or to a registered vehicle dismantler or a certified scrap\nprocessor as defined in subdivision nine of section four hundred\nfifteen-a of this chapter.\n (c) Notwithstanding any other provision of this section, ownership of\nan unidentifiable part in an otherwise identifiable vehicle, other than\na stolen vehicle, held by the department or by a police department may\nbe transferred to the owner of such vehicle provided that the department\nor police department has made findings that such owner had no knowledge\nthat the part was unidentifiable and that such owner was neither\nresponsible for rendering such part unidentifiable nor acting in concert\nwith any person who rendered or had such part rendered unidentifiable.\nSuch a transfer may be made to a person who is presumed to have\ndetermined and to know identification numbers on motor vehicles and\nparts pursuant to subdivision one of section four hundred twenty-one of\nthis article only upon payment to the department or to the police\ndepartment of an amount equal to the reasonable wholesale value of the\npart. Such a transfer may be made to any other person without any\npayment being made to the department or police department provided that\nthe department or police department is satisfied that the person has\nbeen the owner of the vehicle with the unidentifiable part contained\ntherein for a period of at least eighteen months. Such findings may only\nbe made after an investigation and, if appropriate, a hearing. Such\ninvestigation shall be made promptly by the department or the police\ndepartment upon the request of such owner. Proceeds from the transfer of\nany such part shall be paid into the general fund of the state if\ntransferred by the department or the division of state police, or into\nthe general fund of the appropriate local authority, if transferred by a\nlocal police department. No such part shall be so transferred until a\nspecial identification number has been affixed to such part and the\nappropriate fee has been paid by the owner of the vehicle.\n 4. Whenever a vehicle or part which is in the possession of the state\npolice or any other state agency or a local police agency or other local\nauthority is returned to an owner, the cost of making delivery of the\nvehicle or part shall be a charge upon such owner. With respect to motor\nvehicles, trailers and parts held by the state police or any other state\nagency, the commissioner of the office of general services, after\nconsultation with the commissioner of motor vehicles, shall promulgate\nregulations to effectuate the provisions of this section. Such\nregulations may include, but shall not be limited to, provisions for the\nremoval of parts from vehicles, the storage and sale of vehicles and\nparts and the recovery of costs incurred in performing the duties\nrequired herein.\n 5. Notwithstanding any other provision of law, if the commissioner is\nholding a vehicle or vehicle part, upon determination of the rightful\nowner of the vehicle or vehicle part, the commissioner shall give\nwritten notice to the owner to retrieve such vehicle or vehicle part.\nFifteen days after the receipt of such notice by certified mail, the\ncommissioner shall impose a storage charge of ten dollars a day for a\nvehicle and five dollars a day for a vehicle part or parts. Unpaid\nstorage charges shall be a lien upon the vehicle or vehicle part and\nsuch lien may be foreclosed in accordance with article nine of the lien\nlaw. Any moneys collected as storage charges or as the result of\nforeclosure of liens for storage shall be used to fund the motor vehicle\ntheft prevention program established by section two hundred twenty-three\nof this chapter.\n