STATE OF NEW YORK
________________________________________________________________________
4479
2015-2016 Regular Sessions
IN SENATE
March 23, 2015
___________
Introduced by Sen. FARLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to repossession
of motor vehicle or motorcycle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 425 of the vehicle and traffic
2 law, as amended by chapter 81 of the laws of 1968, is amended to read as
3 follows:
4 1. Any person, firm or corporation, or agent, employee or represen-
5 tative thereof, repossessing or retaking a motor vehicle or motorcycle
6 pursuant to the provisions of article nine of the uniform commercial
7 code, or other authority of law, or any contract or agreement, shall,
8 immediately following such repossession or retaking, personally appear
9 at a station house or other office of the police department, or agency
10 or officer performing like functions, in the locality wherein such
11 repossession or retaking occurred, give notice to such department, agen-
12 cy or officer of such repossession or retaking and thereafter and within
13 [twenty-four hours] ten days personally deliver or mail by [special
14 delivery] first class mail to the nearest motor vehicle [district]
15 office, (a) notice of such repossession or retaking in such form as the
16 commissioner may require and (b) the number plates of such motor vehicle
17 or motorcycle. Notice of such repossession or retaking, including the
18 name and address of the person, firm or corporation repossessing or
19 retaking the same, shall also be given within twenty-four hours thereof
20 to the owner of such motor vehicle or motorcycle, either personally or
21 by registered or certified mail directed to such owner at his last-known
22 address or by phone, e-mail or text message provided that notice is also
23 given by first class mail. Unless the motor vehicle or motorcycle can
24 be repossessed or retaken without breach of the peace, it shall be
25 repossessed or retaken by legal process, but nothing herein contained
26 shall be construed to authorize a violation of the criminal law.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08490-01-5
