§ 423-a. Enforcement procedures for insuring the retention of vehicle\nidentification numbers on vehicles. 1. Seizure of vehicle. (a) Members\nof the state police, any local police department or any peace officer\nacting pursuant to his special duties shall seize and confiscate a motor\nvehicle or trailer if any original identification number or special\nidentification number is destroyed, removed, altered, defaced or so\ncovered as to be effectually concealed.\n (b) The commissioner shall establish standards for determining whether\nan identification number on a motor vehicle, trailer or part thereof is\ndestroyed, removed, altered, defaced or so covered as to be effectually\nconcealed. Whenever a vehicle described in paragraph (a) of this\nsubdivision is seized or confiscated, members of the state police, local\npolice department or peace officers acting pursuant to their special\nduties, if warranted, shall arrest the supposed owner or custodian\nthereof, and cause prosecution to be brought in a court of competent\njurisdiction. It shall be the duty of the appropriate agency or the\ndepartment of motor vehicles to retain the custody of each motor\nvehicle, trailer or part seized pending the prosecution of the person\narrested until the ownership of such motor vehicle, trailer or part\nshall have been ascertained. If the ownership of such motor vehicle,\ntrailer or part cannot be ascertained, or if the owner or custodian is\nconvicted of the theft or unlawful possession of said motor vehicle,\ntrailer or part, such motor vehicle, trailer or part, if in the\npossession of the state police or any other state agency shall, at the\ndirection of the office of general services, be held for, or delivered\ninto the possession of, such office, and title shall vest in such\noffice, or if in the possession of a local police department or other\nlocal authority, such motor vehicle or trailer shall be treated as an\nabandoned vehicle pursuant to section twelve hundred twenty-four of this\nchapter, or such part may be sold by the local authority to a registered\ndealer or to a registered vehicle dismantler or certified scrap\nprocessor as defined in subdivision nine of section four hundred\nfifteen-a of this chapter.\n 2. Assignment of a new identification number. If a person other than\nthe person arrested be the owner, the motor vehicle, trailer or part\nshall be returned to him as soon as he has arranged to have the\ndepartment of motor vehicles affix a new number, or in the case of a\npart, inspect such part, and the department has done so, as provided in\nsection four hundred twenty-two of this chapter. Prior to the return of\nthe motor vehicle, trailer or part, or the transfer of custody of said\nmotor vehicle, trailer or part, the arresting officer shall transmit\nnotice of the arrest to the commissioner.\n 3. Disposition of certain motor vehicles, trailers and parts. (a) If\nthe owner of a motor vehicle or trailer cannot be ascertained, or if the\nowner or custodian is arrested and convicted of the theft or unlawful\npossession of said motor vehicle or trailer, and such motor vehicle or\ntrailer is held for or is in the possession of the office of general\nservices, the office of general services shall sell the motor vehicle or\ntrailer at public auction or by bid, or, it may be registered for use by\nthe office or by a state agency in the performance of the duties of the\noffice or of such state agency, provided that the department of motor\nvehicles first affixes a special identification number to the motor\nvehicle or trailer, if required. The special identification number shall\nthereafter be used for identification, registration and all purposes of\nthis chapter, and the purchaser thereof may sell and transfer the motor\nvehicle or trailer bearing such a special identification number or\nnumbers.\n (b) If the owner of a part or parts of a motor vehicle or trailer\ncannot be ascertained, or if the owner or custodian is arr
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.