Senate Bill S1298

2009-2010 Legislative Session

Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1298 (ACTIVE) - Details

See Assembly Version of this Bill:
A1933
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §423-a, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1338, A6694
2013-2014: S396
2015-2016: S1650
2017-2018: S4191

2009-S1298 (ACTIVE) - Summary

Provides that ownership of unidentifiable part in 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.

2009-S1298 (ACTIVE) - Sponsor Memo

2009-S1298 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1298

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  DILAN  -- 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 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:

  Section  1.  Subdivision 2 of section 423-a of the vehicle and traffic
law, as added by chapter 976 of the laws of 1981, is amended to read  as
follows:
  2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
CLE,  TRAILER  OR  PART  TO  OWNER.    If a person other than the person
arrested be the owner, the motor  vehicle,  trailer  or  part  shall  be
returned  to  him  OR  HER as soon as he OR SHE has arranged to have the
department of motor vehicles affix a new number, or in  the  case  of  a
part,  inspect such part, and the department has done so, as provided in
section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
return of the motor vehicle, trailer or part, or the transfer of custody
of said motor vehicle, trailer or  part,  the  arresting  officer  shall
transmit notice of the arrest to the commissioner.
  S  2. Subdivision 3 of section 423-a of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP  OF
AN  UNIDENTIFIABLE  PART  IN AN OTHERWISE IDENTIFIABLE MOTORCYCLE, OTHER
THAN A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE  DEPART-
MENT  SHALL  BE  TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE UPON HIS OR
HER REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES  AN
INVESTIGATION  AND,  IF APPROPRIATE, HOLDS A HEARING AND FINDS THAT SUCH
OWNER HAD NO KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE  AND  THAT  SUCH
OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
UNIDENTIFIABLE.  SUCH  TRANSFER  SHALL BE MADE WITHOUT ANY PAYMENT BEING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03012-01-9
              

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