NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A759
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the vehicle and traffic law, the criminal procedure law
and the administrative code of the city of New York, in relation to
improving enforcement of violations related to license plates
PURPOSE OR GENERAL IDEA OF BILL:
To take dangerous "ghost cars" off our streets.
SUMMARY OF PROVISIONS:
Section 1 is the bill title.
Section 2 amends Subdivision 2 of section 238 of the vehicle and traffic
law, as amended by chapter 224 of the laws of 1995, to provide that a
notice of violation shall include the VIN and repeals the requirement of
a body type description.
Section 3 amends Paragraph (a) of, subdivision 2-a of section 238 of the
vehicle and traffic law, as added by chapter 224 of the laws of 1995, to
add VIN.
Section 4 amends Subdivisions 3 and 4 of section 402 of the vehicle and
traffic law and adds a new subdivision 9 explicitly requiring parked
vehicles to bear license plates, and adds that out-of-state temporary
plates are not recognized.
Section 5 amends the subdivision heading and paragraph (a) of subdivi-
sion 4-h of section 510 of the vehicle and traffic law, as added by
section 5 of subpart A of part WW of chapter 56 of the laws of 2024, to
add VIN.
Section 6 amends Section 402-b of the vehicle and traffic law, as added
by section 19 of subpart A of part WW of chapter 56 of the laws of 2024,
to add VIN, require confiscation of any instrument used to obscure a
plate, and remove discretion of enforcement.
Section 7 amends Paragraph (b) of subdivision 1 of section 1.20 of the
criminal procedure law, as added by chapter 450 of the laws of 2019, to
provide for VIN and repeal body type description.
Section 8 amends Section 422 of the vehicle and traffic law, as amended
by chapter 726 of the laws of 1983, to require issuance of VINs that are
engraved on the vehicle.
Section 9 amends Subdivision 1 of section 431 of the vehicle and traffic
law, as amended by chapter 692 of the laws of 1979, to require manufac-
turers to provide an engraved VIN.
Section 10 amends Subdivision 2 of section 420-a of the vehicle and
traffic law, as amended by section 1-b of part A of chapter 63 of the
laws of 2005, to add that the commissioner shall offer New York State
temporary license plates to out-of-state dealers.
Section 11 amends Paragraph (a) of subdivision 1 of section 1224 of the
vehicle and traffic law, as amended by chapter 795 of the laws of 1974,
to repeal the requirement that a motor vehicle with no plate be unoccu-
pied at least six hours before deemed abandoned.
Section 12 amends the vehicle and traffic law by adding a new section
2130-a prohibiting operation of a venue that allows transactions for
counterfeit license plates.
Section 13 amends the vehicle and traffic law by adding a new section
402-c requiring warning labels for temporary out-of-state license plates
that they are not valid for use in New York state.
Section 14 amends Subdivision d of section 19-169.2 of the administra-
tive code of the city of New York, as added by local law 24 for the year
1995, to provide for booting of vehicles with improper or missing
license plates or VINs.
Section 15 is the.saverability clause.
Section 16 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION:
The Ghostbuster Act addresses the issue of "ghos•t cars": motor vehicles
with obscured, missing, or fake license plates, including fake temporary
out-of-state paper license plates, often coupled with removal of the
vehicle identification number. These motor vehicles present a danger to
all road users. Presumably the operators have no liability insurance if
the vehicle is in an accident. The cars are effectively untraceable,
often affixed to stolen automobiles or used by people engaged in crime
to evade detection. Fake or obscured plates allow operators to evade
tolls and traffic enforcement measures.
The bill addresses this quality of life issue by ending recognition of
out-of-state temporary plates, providing that such plates are presump-
tive evidence of a violation, allows the booting or towing of ghost
cars, removes the ability of law enforcement to exercise discretion in
enforcing license plate covering, prohibits online marketplaces from
allowing transactions, allows VINs for enforcement and removes the
subjective body type description requirement, ends the requirement that
vehicles without a license plate must sit for six hours before being
deemed abandoned, explicitly prohibits parked vehicles with improper
plates, and requires engraving of VINs.
Through this comprehensive set of reforms, if there is something strange
in the neighborhood about a motor vehicle's license plate, people will
be able to call law enforcement, who will immediately take such vehicle
out of commission.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that sections two and three shall take
effect one year after they shall have become a law; and provided,
further, that sections eight and nine of this act shall take effect
three years after they shall have become a law.
