STATE OF NEW YORK
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6033
2015-2016 Regular Sessions
IN ASSEMBLY
March 11, 2015
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Introduced by M. of A. GOLDFEDER -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to title
requirements for certain vehicle transfers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 5 of section 415-a of the
2 vehicle and traffic law, as amended by chapter 180 of the laws of 2006,
3 is amended to read as follows:
4 (a) Any records required by this section shall apply only to vehicles
5 or parts of vehicles for which a certificate of title has been issued by
6 the commissioner or which would be eligible to have such a certificate
7 of title issued. Every person required to be registered pursuant to this
8 section shall maintain a record of all motor vehicles, trailers, and
9 major component parts thereof, coming into his possession together with
10 a record of the disposition of any such motor vehicle, trailer or part
11 thereof and the date such motor vehicle, trailer or part thereof is
12 received and shall maintain proof of ownership for any motor vehicle,
13 trailer or major component part thereof while in his possession. For the
14 purposes of this article an inflatable restraint system shall be a major
15 component part. Such records shall be maintained in a manner and form
16 prescribed by the commissioner. [The commissioner may, by regulation,
17 exempt vehicles or major component parts of vehicles from all or a
18 portion of the record keeping requirements based upon the age of the
19 vehicle if the commissioner deems that such record keeping requirements
20 would not further the purposes of the motor vehicle theft prevention
21 program established by section two hundred twenty-three of this chap-
22 ter.] Upon request of an agent of the commissioner or of any police
23 officer and during his regular and usual business hours, a vehicle
24 dismantler shall produce such records and permit said agent or police
25 officer to examine them and any vehicles or parts of vehicles which are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08469-02-5
A. 6033 2
1 subject to the record keeping requirements of this section and which are
2 on the premises. Upon request of any agent of the commissioner and
3 during his regular and usual business hours, a salvage pool, mobile car
4 crusher or itinerant vehicle collector shall produce such records and
5 permit said agent or police officer to examine them and any vehicles or
6 parts of vehicles which are subject to the record keeping requirements
7 of this section and which are on the premises. The failure to produce
8 such records or to permit such inspection on the part of any person
9 required to be registered pursuant to this section as required by this
10 paragraph shall be a class A misdemeanor.
11 § 2. Paragraphs (b) and (c) of subdivision 1 of section 429 of the
12 vehicle and traffic law, as amended by chapter 691 of the laws of 1979,
13 are amended to read as follows:
14 (b) By a vehicle dismantler. Whenever a person who is engaged in a
15 business requiring him to be registered as a vehicle dismantler or an
16 itinerant vehicle collector acquires a motor vehicle which has been sold
17 or otherwise disposed of as junk or for salvage, such person shall
18 deliver a statement concerning such acquisition to the commissioner as
19 provided in this section. Such person shall deliver the certificate of
20 title or any other ownership documents relating to such motor vehicle
21 properly executed to transfer title by the transferor to the vehicle
22 dismantler or itinerant vehicle collector and notices of release of
23 security interest from any lienholder whose lien has been satisfied to
24 the commissioner with the required statement of acquisition. [However,
25 the provisions of this subdivision shall not apply to a vehicle which
26 has been transferred to a vehicle dismantler registered under section
27 four hundred fifteen-a of this chapter by means of a document issued
28 pursuant to this section.]
29 (c) By other persons. Whenever a person other than a person described
30 in paragraph (a) or (b) of this subdivision acquires ownership of a
31 motor vehicle which has been sold or otherwise disposed of as junk or
32 salvage or which is to be dismantled for use other than as a motor vehi-
33 cle, such person shall deliver a statement concerning such acquisition
34 to the commissioner as provided in this section. Such person shall
35 deliver the certificate of title and any other ownership documents
36 relating to such motor vehicle properly executed to transfer title by
37 the transferor to such person and notices of release of security inter-
38 est from any lienholder whose lien has been satisfied to the commission-
39 er with the required statement of acquisition. [However, the provisions
40 of this subdivision shall not apply to a vehicle which has been trans-
41 ferred to any such person by means of a document issued pursuant to this
42 section or to a scrap processor by a person registered or certified
43 pursuant to section four hundred fifteen-a of this chapter.]
44 § 3. Subdivision 4 of section 429 of the vehicle and traffic law, as
45 amended by chapter 691 of the laws of 1979, is amended to read as
46 follows:
47 4. Forms and documents. (a) Any forms or documents used in conjunction
48 with this section shall be in a form prescribed by the commissioner and
49 shall set forth a complete description of the motor vehicle, the name
50 and address of the person to whom such motor vehicle was sold or trans-
51 ferred or from whom such motor vehicle was acquired together with any
52 other information deemed necessary or desirable by the commissioner to
53 effectuate the provisions and purposes of this section. Any such state-
54 ment, document or item required to be delivered to the commissioner by
55 any provision of this section shall be deemed to have been so delivered
56 when it has been either personally delivered or sent by mail to the
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1 office of the commissioner at the address designated by him. Notwith-
2 standing any other law, rule or regulation to the contrary, the MV-35
3 form prescribed by the commissioner shall not constitute proof of owner-
4 ship for the purposes of transfer of a vehicle under this article or
5 article sixteen of this chapter.
6 (b) In lieu of a certificate of title, the commissioner may issue a
7 replacement title upon application on a form to be prescribed by the
8 commissioner for a fee in the amount of fifty dollars. Transfer of a
9 vehicle to a vehicle dismantler, itinerant vehicle collector or scrap
10 processor without either a certificate of title or replacement title
11 shall constitute a violation of this section.
12 § 4. This act shall take effect on the thirtieth day after it shall
13 have become a law.
