Authorizes the impoundment of any motor vehicle operated by a person who drives while ability is impaired or intoxicated; provides for the imposition of towing and storage fees; provides for the release of impounded vehicles upon compliance with certain conditions.
STATE OF NEW YORK
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833
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the impoundment of motor vehicles operated by persons driving while
ability impaired or while intoxicated
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1194 of the vehicle and traffic law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. Impoundment of motor vehicle; conditions for release; fees for
4 towing and storage. (a) Whenever a person is arrested for a violation of
5 subdivision one, two, two-a, three, four or four-a of section eleven
6 hundred ninety-two of this article, the law enforcement agency of the
7 arresting police officer shall impound the motor vehicle that such
8 person was operating at the time of such violation.
9 (b) A motor vehicle impounded pursuant to this subdivision shall be
10 impounded until:
11 (1) with respect to the release of the motor vehicle to the person
12 charged with the violation authorizing such impoundment, for a period of
13 not less than twelve hours after the time of the arrest; or
14 (2) (i) with respect to the release of the motor vehicle to a person
15 other than the person charged with a violation of section eleven hundred
16 ninety-two of this article:
17 (A) the motor vehicle is owned or leased by such person,
18 (B) the motor vehicle is owned or leased by the person charged with a
19 violation of section eleven hundred ninety-two of this article, and such
20 person is eighteen years of age or older or emancipated, and grants
21 written permission, in a form and manner established by the commission-
22 er, to the person, to whom the vehicle is to be released, to operate
23 such vehicle, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02269-01-3
A. 833 2
1 (C) the motor vehicle is owned or leased by the person charged with a
2 violation of section eleven hundred ninety-two of this article and such
3 person is under the age of eighteen and unemancipated, such vehicle may
4 be released to the parent or legal guardian of such person, and
5 (ii) the motor vehicle impounded pursuant to this subdivision shall
6 not be released to a person other than the person who was arrested for
7 operating the vehicle in violation of section eleven hundred ninety-two
8 of this article, unless the person claiming such vehicle:
9 (A) presents a valid driver's license, proof of ownership or lawful
10 authority to operate the motor vehicle, and proof of valid motor vehicle
11 insurance for such vehicle,
12 (B) is able to operate such vehicle in a safe manner and that would
13 not be in violation of section eleven hundred ninety-two or eleven
14 hundred ninety-two-a of this article, and
15 (C) meets any other reasonable conditions for release established by
16 the law enforcement agency.
17 (c) A law enforcement agency impounding a vehicle pursuant to this
18 subdivision, or any duly authorized agent acting on behalf or upon
19 request of such law enforcement agency, is authorized to charge a
20 reasonable fee for the towing and storage of the impounded motor vehi-
21 cle. The law enforcement agency or such duly authorized agent is author-
22 ized to retain custody of such vehicle until the fee is paid.
23 (d) No provision of this subdivision shall be deemed to prevent or
24 supersede a court of competent jurisdiction from exercising its authori-
25 ty relating to the release of a motor vehicle impounded pursuant to this
26 subdivision.
27 (e) No provision of this subdivision shall be deemed to prevent a law
28 enforcement agency from exercising its discretion pursuant to section
29 140.20 of the criminal procedure law with respect to arrested persons
30 who may represent a danger to themselves or others.
31 § 2. This act shall take effect on the first of November next succeed-
32 ing the date on which it shall have become a law.
