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A02210 Summary:

BILL NOA02210
 
SAME ASNo Same As
 
SPONSORPichardo
 
COSPNSRTaylor, Arroyo
 
MLTSPNSR
 
Amd 424, add 424-a & 2414, V & T L
 
Authorizes the seizure and impoundment of all terrain vehicles and off-highway motorcycles operated in violation of the vehicle and traffic law in a city having a population of one million or more.
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A02210 Actions:

BILL NOA02210
 
01/22/2019referred to transportation
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A02210 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2210
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
          tee on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to authorizing
          the seizure and impoundment of all terrain  vehicles  and  off-highway
          motorcycles  operated  in violation of the provisions of such law in a
          city having a population of one million or more
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (b) of subdivision 1 of section 424 of the vehi-
     2  cle and traffic law, as added by chapter 114 of the  laws  of  1991,  is
     3  amended to read as follows:
     4    (b)  For  the purposes of this subdivision the term "impound" shall be
     5  deemed to include the taking into possession by an agency of  any  motor
     6  vehicle,  all  terrain  vehicle or off-highway motorcycle which has been
     7  abandoned, repossessed, seized  pending  forfeiture  proceedings,  taken
     8  into  custody  or  held  as  evidence in the course of a police investi-
     9  gation, required to be impounded by law, or in any other way taken  into
    10  possession  or  held by an agency under circumstances in which the owner
    11  may not reasonably have knowledge of the status of the vehicle.  Nothing
    12  contained herein shall preclude a police department, which has  taken  a
    13  vehicle into custody under these or other circumstances, from entering a
    14  vehicle  into  the  New  York statewide police information network as an
    15  impounded vehicle to facilitate location of the vehicle by its owner.
    16    § 2. Subdivision 2 of section 424 of the vehicle and traffic  law,  as
    17  amended  by  chapter  476  of  the  laws  of 2018, is amended to read as
    18  follows:
    19    2. (a) Any police officer[, state trooper]  or  peace  officer  acting
    20  pursuant  to his or her special duties shall have the power to seize any
    21  motor vehicle or trailer in the state  when  there  is  good  reason  to
    22  believe  that  such motor vehicle or trailer has been stolen. Unless the
    23  vehicle is subject to the provisions of  section  four  hundred  twenty-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06373-01-9

        A. 2210                             2
 
     1  three-a  of this article, the appropriate agency shall contact the owner
     2  of such motor vehicle or trailer, if known, and, after any stolen  vehi-
     3  cle  alarm  resulting  from  such  theft has been cancelled, release the
     4  vehicle  to  such  owner.  If the owner thereof cannot be ascertained in
     5  accordance with procedures established by regulations of the commission-
     6  er, a local police agency shall dispose of such vehicle as an  abandoned
     7  vehicle  pursuant to section twelve hundred twenty-four of this chapter,
     8  and the division of state police shall hold such vehicle for, or deliver
     9  it to the office of general services.
    10    (b) Any police officer or peace officer acting pursuant to his or  her
    11  special  duties shall have the power to seize any all terrain vehicle or
    12  off-highway motorcycle when such vehicle or motorcycle was  operated  in
    13  violation  of  title  seven or eleven of this chapter in a city having a
    14  population of one million or more.
    15    § 3. The vehicle and traffic law is amended by adding  a  new  section
    16  424-a to read as follows:
    17    §  424-a.  Redemption  and  return of certain all terrain vehicles and
    18  off-highway motorcycles.  1. Upon seizure and  impoundment  of  any  all
    19  terrain  vehicle  or off-highway motorcycle pursuant to paragraph (b) of
    20  subdivision two of section four hundred twenty-four of this article, the
    21  police department seizing such vehicle or motorcycle  shall  notify  the
    22  owner  thereof, if known, by certified mail, that his or her all terrain
    23  vehicle or off-highway motorcycle has been seized  by  such  department.
    24  Such  notification  shall include a brief description of such vehicle or
    25  motorcycle, its vehicle identification number, the office  and  location
    26  at  which  such vehicle or motorcycle may be redeemed and a statement of
    27  all charges, fees and penalties applicable to the  impoundment  thereof,
    28  and of all fines imposed for the illegal operation thereof.
    29    2.  Except  as  specifically otherwise provided by law, no all terrain
    30  vehicle or off-highway motorcycle  seized  and  impounded,  pursuant  to
    31  paragraph  (b) of subdivision two of section four hundred twenty-four of
    32  this article, shall be released by the administrative  tribunal  to  the
    33  possession of the owner thereof until such owner has:
    34    (a)  submitted  to  the  administrative tribunal satisfactory proof of
    35  identity and ownership including, but not limited  to,  the  appropriate
    36  registration  for  the  all  terrain  vehicle issued pursuant to section
    37  twenty-two hundred eighty-five of this chapter or the off-highway motor-
    38  cycle issued pursuant to article fifteen of this title;
    39    (b) paid the prevailing penalties to the  administrative  tribunal  of
    40  the  city that impounded the all terrain vehicle or off-highway motorcy-
    41  cle pursuant to section twenty-four hundred fourteen  of  this  chapter;
    42  and
    43    (c)  submitted  proof  to the administrative tribunal that the charges
    44  for violation of the provisions of this chapter have been disposed of by
    45  the administrative tribunal, and that all fines  and  penalties  arising
    46  therefrom  have  been  paid  in full by either the owner or operator, or
    47  that the owner has posted a bond of seven thousand five hundred  dollars
    48  with such board as security for payment of all fines and penalties aris-
    49  ing out of such violations.
    50    3.  The  administrative  tribunal,  in  its  discretion, may waive the
    51  requirements of paragraph (b) of subdivision two of  this  section  when
    52  the owner of the impounded all terrain vehicle or off-highway motorcycle
    53  is  a business engaged in the rental or lease of such vehicles, and such
    54  owner did not violate any provision of this chapter which would  not  or
    55  did  not  cause  the  seizure  of the all terrain vehicle or off-highway
    56  motorcycle.

        A. 2210                             3
 
     1    4. Upon compliance with the provisions  of  subdivision  two  of  this
     2  section, the administrative tribunal shall issue, to the owner of an all
     3  terrain  vehicle  or  off-highway  motorcycle,  an  order of release and
     4  redemption which shall be accepted by the  police  department  and  such
     5  department  shall surrender such vehicle or motorcycle to the possession
     6  of its owner.
     7    5. In the event that the charges for violation of  the  provisions  of
     8  this  chapter which resulted in the impoundment of the all terrain vehi-
     9  cle or off-highway motorcycle are dismissed, the owner thereof shall  be
    10  entitled  to  a refund of any and all fees paid to the police department
    11  and the administrative tribunal shall issue an order providing for  such
    12  refund.
    13    6. Any all terrain vehicle or off-highway motorcycle which is released
    14  for  redemption  by the administrative tribunal and which is not removed
    15  by its owner within ten days of such release shall be deemed  to  be  an
    16  abandoned  vehicle  which  may be disposed of in accordance with section
    17  twelve hundred twenty-four of this chapter.
    18    § 4. The vehicle and traffic law is amended by adding  a  new  section
    19  2414 to read as follows:
    20    § 2414. Seizure and penalties; city having a population of one million
    21  or  more. 1. Seizure.  In addition to any other penalty provided in this
    22  chapter, any all terrain vehicle or off-highway motorcycle  operated  in
    23  violation of the provisions of this chapter within a city having a popu-
    24  lation  of one million or more, shall be subject to seizure and impound-
    25  ment pursuant to paragraph  (b)  of  subdivision  two  of  section  four
    26  hundred twenty-four and section four hundred twenty-four-a of this chap-
    27  ter.
    28    2.  Penalties. In addition to any other penalty provided in this chap-
    29  ter, the owner of any all  terrain  vehicle  or  off-highway  motorcycle
    30  operated  in  violation of the provisions of this chapter, within a city
    31  having a population of one million  or  more,  shall  (a)  for  a  first
    32  conviction  of  such  a  violation,  be subject to a fine of two hundred
    33  fifty dollars and impoundment of the all terrain vehicle or  off-highway
    34  motorcycle  for  not  more  than  one hundred days at the expense of the
    35  owner thereof at the time of the conviction; and (b)  for  a  second  or
    36  subsequent violation, within twenty-four months of a previous conviction
    37  of  the operation of an all terrain vehicle or off-highway motorcycle in
    38  violation of this chapter or any state or local law, code  or  ordinance
    39  relating  to all terrain vehicles or off-highway motorcycles, be subject
    40  to a fine of five hundred dollars and impoundment  of  the  all  terrain
    41  vehicle  or  off-highway  motorcycle  for a period of six months, at the
    42  expense of the owner thereof at the time of the conviction.
    43    § 5. This act shall take effect on the first of January next  succeed-
    44  ing  the date on which it shall have become a law.  Effective immediate-
    45  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    46  necessary  for  the implementation of this act on its effective date are
    47  authorized and directed to be made  and  completed  on  or  before  such
    48  effective date.
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