§ 430 — Retail sale of junk and salvage vehicles

§ 430. Retail sale of junk and salvage vehicles. 1. Whenever a motor\nvehicle for which a notice of acquisition is required to be filed\npursuant to section four hundred twenty-nine of this article is to be\nregistered for use on the public highway, the person holding the proof\nof ownership for such vehicle must surrender such proof of ownership and\nmake application for a certificate of title. Except as otherwise\nprovided herein, the commissioner shall require the physical examination\nof any such vehicle by a designated employee of the department before a\ntitle will be issued. Upon a request made with such an application for\ntitle, the commissioner may issue a temporary permit which shall be\nvalid for the operation of such vehicle upon the public highways of this\nstate, in accordance with regulations promulgated by the commissioner,\nfrom the date of its issuance until five days after the scheduled date\nof the examination for such vehicle, including the transportation of the\nmotor vehicle to and from the physical examination site, provided the\napplication is accompanied by proof of inspection and evidence of\ninsurance coverage satisfactory to the commissioner. Upon such\nexamination for identification, the employee making such examination\nshall, in accordance with regulations promulgated by the commissioner,\ndetermine whether a special vehicle identification number shall be\nissued for such vehicle. A fee of one hundred fifty dollars shall be\npaid to the commissioner before such examination shall be scheduled or\nmade. Such fee shall be forfeited if the motor vehicle is not presented\nfor examination as scheduled unless the appointment for such examination\nhas been cancelled or postponed in accordance with regulations\npromulgated by the commissioner. If a special vehicle identification\nnumber is issued after such examination, no additional fee shall be\nrequired for such issuance.\n 2. The provisions of subdivision one of this section relating to\ninspection for identification by an employee of the department shall not\napply to a motor vehicle which has been transferred to an insurance\ncompany in settlement of a claim for the theft of such vehicle, provided\nthe following conditions are met:\n (i) no major component part of the motor vehicle has been replaced\nsince the theft of such vehicle,\n (ii) repairs made to the motor vehicle since the recovery of such\nvehicle either have not exceeded one-fourth of the amount paid by the\ninsurance company in settlement of the claim or have not exceeded one\nthousand dollars,\n (iii) the vehicle identification number and all other manufacturers'\nidentifying numbers on the motor vehicle have been examined by the\ninsurance company and are intact in the same form as at the time of the\ntheft of such vehicle,\n (iv) an affidavit sworn to by an officer of the insurance company is\nsubmitted by the insurance company which made payment in settlement of\nthe claim for theft with the application for title certifying to the\nabove conditions, which affidavit shall also certify additional facts as\nrequired by the commissioner relating to the theft and recovery of such\nvehicle and the amount of settlement and repair costs.\n 3. The commissioner may, by regulation, exempt vehicles from the\nphysical examination required by subdivision one of this section based\nupon the age of the vehicles if the commissioner deems that such\nphysical examination would not further the purposes of the motor vehicle\ntheft prevention program established by section two hundred twenty-three\nof this chapter.\n 4. Fees; deposited. Fees assessed under this section shall be paid to\nthe commissioner for deposit to the general fund, with the exception of\nthe fifty dollar increase in the fee for scheduling an examination\npursuant to subdivision one of this section, which shall be deposited to\nthe dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law and the dedicated mass\ntransportation fund established pursuant to section eighty-nine-c of the\nstate finance law and distributed according to the provisions of\nsubdivision (d) of section three hundred one-j of the tax law.\n