AVELLA, GRISANTI, JOHNSON, LANZA, O'MARA, SEWARD, YOUNG
MLTSPNSR
Amd S423-a, V & T L
Provides that ownership of an unidentifiable part in an otherwise identifiable motorcycle, other than a stolen motorcycle shall be returned to such owner, provided that department has made findings such owner had no knowledge part was unidentifiable and that owner wasn't responsible nor acted in concert to render such part unidentifiable; provides that a department investigation shall take place within thirty days after seizure of motorcycle; and requires commissioner to establish criteria to determine whether motorcycle shall be confiscated, seized or impounded and also to establish a system to ensure return of motorcycles to owners in undamaged condition.
STATE OF NEW YORK
________________________________________________________________________
4280--B
2011-2012 Regular Sessions
IN SENATE
March 28, 2011
___________
Introduced by Sens. LIBOUS, AVELLA, GRISANTI, JOHNSON, LANZA, O'MARA,
SEWARD, YOUNG -- read twice and ordered printed, and when printed to
be committed to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Transportation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to the transfer
of motorcycles having parts with unidentifiable identification numbers
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 423-a of the vehicle and traffic
2 law, as added by chapter 976 of the laws of 1981, is amended to read as
3 follows:
4 2. Assignment of a new identification number and return of motor vehi-
5 cle, trailer or part to owner. If a person other than the person
6 arrested be the owner, the motor vehicle, trailer or part shall be
7 returned to [him] the owner as soon as he or she has arranged to have
8 the department of motor vehicles affix a new number, or in the case of a
9 part, inspect such part, and the department has done so, as provided in
10 section four hundred twenty-two of this [chapter] article. Prior to the
11 return of the motor vehicle, trailer or part, or the transfer of custody
12 of said motor vehicle, trailer or part, the arresting officer shall
13 transmit notice of the arrest to the commissioner.
14 § 2. Subdivision 3 of section 423-a of the vehicle and traffic law is
15 amended by adding a new paragraph (d) to read as follows:
16 (d) Notwithstanding any other provision of this section, ownership of
17 an unidentifiable part in an otherwise identifiable motorcycle, other
18 than a stolen motorcycle, held by the department or by a police depart-
19 ment shall be transferred to the owner of such motorcycle upon his or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02676-07-2
S. 4280--B 2
1 her request, provided that the department or police department makes an
2 investigation and, if appropriate, holds a hearing and finds that such
3 owner had no knowledge that the part was unidentifiable and that such
4 owner was neither responsible for rendering such part unidentifiable nor
5 acting in concert with any person who rendered or had such part rendered
6 unidentifiable. Such transfer shall be made without any payment being
7 made to the department or police department and such transfer may also
8 be made to any other person without any payment being made to the
9 department or police department, provided that the department's or
10 police department's investigation results in a finding that the person
11 has been the owner of the motorcycle with the unidentifiable part
12 contained therein for a period of at least eighteen months. Such inves-
13 tigation shall be made by the department or the police department within
14 thirty days of the request of such owner for the return of such uniden-
15 tifiable part. If the owner of such motorcycle cannot be ascertained, or
16 if the owner or custodian is arrested and convicted of the theft or
17 unlawful possession of such motorcycle, such a transfer may be made to a
18 person engaged in the business of buying or selling motor vehicles,
19 trailers or parts who is subject to the presumption in subdivision one
20 of section four hundred twenty-one of this article, only upon payment to
21 the department or to the police department of an amount equal to the
22 reasonable wholesale value of the part. Proceeds from the transfer of
23 any such part shall be paid into the general fund of the state if trans-
24 ferred by the department or the division of state police, or into the
25 general fund of the appropriate local authority, if transferred by a
26 local police department. No such part shall be transferred pursuant to
27 this paragraph until a special identification number has been affixed to
28 such part and the appropriate fee has been paid by the owner of the
29 motorcycle.
30 § 3. The commissioner of motor vehicles shall establish a public
31 education program to disseminate information regarding the implementa-
32 tion of this act.
33 § 4. This act shall take effect on the one hundred twentieth day after
34 it shall have become a law.
