NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3861
SPONSOR: Williams TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to abandoned
vehicles
PURPOSE OR GENERAL IDEA OF BILL:
Allow for abandoned vehicles to be removed off City of New York roads.
SUMMARY OF PROVISIONS:
Section 1224(2) of the VTL currently provides that ownership of a vehi-
cle deemed abandoned on any roadway shall immediately vest in the local
authority having jurisdiction over the roadway if, among other criteria,
the wholesale value of the vehicle, based on its physical condition at
the time of abandonment, is $1,250 or less.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION:
The New York City Department of Sanitation (the "Department") is respon-
sible for the removal of unlawfully abandoned vehicles from streets and
other public areas in New York City. The commercial value of these vehi-
cles, commonly referred to as "derelicts" or "hulks", is marginal, often
the result of scavenging and vandalism.The Department manages and over-
sees the expedient removal of unlawfully abandoned vehicles from City
roadways and public areas through its Derelict Vehicle Operations
("DVO") Program and through the Department's new, joint DSNY NYPD City-
wide Abandoned Vehicle Taskforce, which enables both agencies to
increase abandoned vehicle, operations. Vehicles subject to the DVO
Program must meet both statutory requirements under VTL § 1224(1), which
includes-the requirement that the vehicle display substantial interior
or exterior damage. The Department's uniformed field personnel and
enforcement officers identify the worst, and potentially dangerous,
derelict vehicles based on specific criteria developed by the Department
as to the vehicle's physical condition. This set of criteria allows
Department personnel to reasonably approximate the wholesale value set
forth under VTL § 1224(2). Upon determining that the vehicle is dere-
lict, the vehicle is tagged and subsequently removed by a towing
contractor, who arranges for the recycling or proper disposal of the
abandoned vehicle. Consistent with VTL § 1224(2), the Department will
not arrange for a vehicle without plates to be towed if the Department
determines the vehicle is worth more than $1,250. Vehicles determined
to be worth more than $1,250 are removed by the New York City Police
Department under its Rotation Towing Program.Since its DVO Program was
created, the Department has updated and improved many of its methods and
operational procedures for managing abandoned vehicles through utiliza-
tion of advanced communications technology, agency personnel training,
coordinated. City and State agency efforts, and successful legislative
reform. The wholesale value of the abandoned vehicle under VU § 1224(2),
however, has only been increased four' times since the State's abandoned
vehicle legislation was enhanced by Chapter 829 of the Laws of 1969. In
1969, the wholesale value was fixed at $100. The last change to the
statutory wholesale value of an abandoned vehicle occurred in 2002 -
over twenty years ago -when the wholesale value was increased from $750
to $1,250.Today, many physical components of hulk vehicles left aban-
doned, such as tires and hood ornaments and certain vehicle parts, are
worth more than $1,250. Accordingly, this legislation which increases
the wholesale value of an abandoned vehicle from $1,250 to $3,000 is
long overdue and necessary to reflect the current market value of vehi-
cles and their components, and to keep pace with inflation.
PRIOR LEGISLATIVE HISTORY:
A.9521A of 2023/2024
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
N/A
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3861
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to abandoned
vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 1224 of the vehicle and traffic
2 law, as amended by chapter 540 of the laws of 2002, is amended to read
3 as follows:
4 2. If an abandoned vehicle, at the time of abandonment, has no number
5 plates affixed and is of a wholesale value, taking into consideration
6 the condition of the vehicle, of [one] three thousand [two hundred
7 fifty] dollars or less, ownership shall immediately vest in the local
8 authority having jurisdiction thereof and title to the vehicle shall
9 vest in accordance with applicable law and regulations of the commis-
10 sioner, provided however that a local authority shall not be required to
11 obtain title to an abandoned vehicle that is subject to the provisions
12 of this subdivision if the vehicle will be sold or otherwise disposed of
13 as junk or salvage, dismantled for use other than as a motor vehicle, or
14 otherwise destroyed.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02985-01-5
