§ 511-B — Seizure and redemption of unlawfully operated vehicles

New York § 511-B

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 5: Drivers' Licenses
• Art. 20: Suspension and Revocation

Text

§ 511-b. Seizure and redemption of unlawfully operated vehicles. 1.\nUpon making an arrest or upon issuing a summons or an appearance ticket\nfor the crime of aggravated unlicensed operation of a motor vehicle in\nthe first or second degree committed in his presence, an officer shall\nremove or arrange for the removal of the vehicle to a garage, automobile\npound, or other place of safety where it shall remain impounded, subject\nto the provisions of this section if: (a) the operator is the registered\nowner of the vehicle or the vehicle is not properly registered; or (b)\nproof of financial security is not produced; or (c) where a person other\nthan the operator is the registered owner and, such person or another\nproperly licensed and authorized to possess and operate the vehicle is\nnot present. The vehicle shall be entered into the New York statewide\npolice information network as an impounded vehicle and the impounding\npolice department shall promptly notify the owner and the local\nauthority that the vehicle has been impounded.\n 2. A motor vehicle so impounded shall be in the custody of the local\nauthority and shall not be released unless:\n (a) The person who redeems it has furnished satisfactory evidence of\nregistration and financial security;\n (b) Payment has been made for the reasonable costs of removal and\nstorage of the motor vehicle. The registered owner of the vehicle shall\nbe responsible for such payment provided, however, that if he was not\nthe operator at the time of the offense he shall have a cause of action\nagainst such operator to recover such costs. Payment prior to release of\nthe vehicle shall not be required in cases where the impounded vehicle\nwas stolen or was rented or leased pursuant to a written agreement for a\nperiod of thirty days or less, however the operator of such a vehicle\nshall be liable for the costs of removal and storage of the vehicle to\nany entity rendering such service.\n (c) Where the motor vehicle was operated by a person who at the time\nof the offense was the owner thereof, (i) satisfactory evidence that the\nregistered owner or other person seeking to redeem the vehicle has a\nlicense or privilege to operate a motor vehicle in this state, and (ii)\n(A) satisfactory evidence that the criminal action founded upon the\ncharge of aggravated unlicensed operation of a motor vehicle has been\nterminated and that any fine imposed as a result of a conviction thereon\nhas been paid, or (B) a certificate issued by the court in which the\ncriminal action was commenced ordering release of the vehicle prior to\nthe judgment or compliance therewith in the interest of justice, or (C)\na certificate issued by the district attorney or other officer\nauthorized to prosecute such charge waiving the requirement that the\nvehicle be held as security for appearance before and compliance with\nthe judgment of the court.\n 3. When a vehicle seized and impounded pursuant to this section has\nbeen in the custody of the local authority for thirty days, such\nauthority shall make inquiry in the manner prescribed by the\ncommissioner as to the name and address of the owner and any lienholder\nand upon receipt of such information shall notify the owner and the\nlienholder, if any, at his last known address by certified mail, return\nreceipt requested, that if the vehicle is not retrieved pursuant to\nsubdivision two of this section within thirty days from the date the\nnotice is given, it will be forfeited. If the vehicle was registered in\nNew York the last known address shall be that address on file with the\ncommissioner. If the vehicle was registered out-of-state or never\nregistered, notification shall be made in the manner prescribed by the\ncommissioner.\n 4. A motor vehicle that has been seized and not retrieved pursuant to\nthe foregoing provisions of this section shall be forfeited to the local\nauthority upon expiration of the period of the notice set forth in\nsubdivision three of this section provided, however, in computing such\nperiod, the period of time during which a criminal prosecution is or was\npending against the owner for a violation of this section shall be\nexcluded. A proceeding to decree such forfeiture and to recover towing\nand storage costs, if any, to the extent such costs exceed the fair\nmarket value of the vehicle may be brought by the local authority in the\ncourt in which the criminal action for aggravated unlicensed operation\nof a motor vehicle was commenced by petition for an order decreeing\nforfeiture of the motor vehicle accompanied by an affidavit attesting to\nfacts showing that forfeiture is warranted. If the identity and address\nof the owner and/or lienholder is known to the local authority, ten days\nnotice shall be given to such party, who shall have an opportunity to\nappear and be heard prior to entry of an order decreeing forfeiture.\nWhere the court is satisfied that forfeiture of a motor vehicle is\nwarranted in accordance with this section, it shall enter an order\ndecreeing forfeiture of such vehicle. Provided, however, that the court\nat any time prior to entry of such an order may authorize release of the\nvehicle in accordance with subdivision two of this section upon a\nshowing of good cause for failure to retrieve same prior to commencement\nof the proceeding to decree forfeiture, but if the court orders release\nof the motor vehicle as herein provided and the vehicle is not redeemed\nwithin ten days from the date of such order, the vehicle shall be deemed\nto have been abandoned and the court upon application of the local\nauthority must enter an order decreeing its forfeiture.\n 5. A motor vehicle forfeited in accordance with the provisions of this\nsection shall be and become the property of the local authority, subject\nhowever to any lien that was recorded prior to the seizure.\n 6. For the purposes of this section, the term "local authority" means\nthe municipality in which the motor vehicle was seized; except that if\nthe motor vehicle was seized on property of the New York state thruway\nauthority or property under the jurisdiction of the office of parks,\nrecreation and historic preservation, the department of transportation,\nor a public authority or commission, the term "local authority" means\nsuch authority, office, department, or commission. A county may provide\nby local law that the county may act as the agent for a local authority\nunder this section.\n 7. When a vehicle has been seized and impounded pursuant to this\nsection, the local authority or any person having custody of the vehicle\nshall make the vehicle available or grant access to it to any owner or\nany person designated or authorized by such owner for the purpose of (i)\ntaking possession of any personal property found within the vehicle and\n(ii) obtaining proof of registration, financial security, title or\ndocumentation in support thereof.\n