senate Bill S1338

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 06, 2011 referred to transportation

Co-Sponsors

S1338 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §423-a, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S1298

S1338 - Bill Texts

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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.

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BILL NUMBER:S1338

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to the transfer of
motorcycles having parts with unidentifiable identification numbers

PURPOSE OR GENERAL IDEA OF BILL:

To ensure the prompt return of motor cycles seized from innocent
owners due to problems with vehicle identification numbers.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of the bill would assign a new identification number and
return of motor vehicle, 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 his 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.

Section two of the bill would require the transfer of ownership of an
unidentifiable part in an otherwise identifiable motorcycle (other
than a stolen motorcycle) held by DMV or a local police department to
the owner of the motorcycle, provided that DMV or such department has
made findings that the owner had no knowledge that the part was
unidentifiable and the owner was neither responsible for rendering
the part unidentifiable nor acting in concert with any person to do
so. This section also would require an investigation for making such
findings, to be made no later than 30 days after seizure of the
motorcycle. Upon such findings, the bill would require DMV or such
police department to return such motorcycle to its Owner immediately.
Finally, the bill would require DMV to establish a system of
safeguards to ensure the return of a seized or confiscated motorcycle
in an undamaged condition.

JUSTIFICATION:

There have been instances in New York State where motorcycles have
been seized from innocent owners, on the grounds that the vehicle
identification numbers (VINs) of such motorcycles or parts thereof
have been destroyed, removed, altered, defaced or covered in a manner
so as to be effectually concealed. Despite the fact that such owners
were neither arrested nor convicted of violating the law requiring
retention of VINs on vehicles, often the motorcycles in question are
not returned.
This bill will ensure that persons innocent of any illegal action
regarding VINs are able to have their property returned in a timely
fashion. It also will ensure that the seizure of such vehicles
in the first


instance are pursuant to criteria established by the Department of Motor
Vehicles.

PRIOR LEGISLATIVE HISTORY:

2009/10 - S.1298/A.1933 - Advanced to 3rd Reading
2007/08 - S.1705/A.1939
2006 - S.8588A/A.8588A

FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become law.

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

                                  1338

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02676-01-1

S. 1338                             2

UNIDENTIFIABLE. SUCH TRANSFER SHALL BE MADE WITHOUT  ANY  PAYMENT  BEING
MADE  TO  THE  DEPARTMENT OR POLICE DEPARTMENT PROVIDED THAT THE DEPART-
MENT'S OR POLICE DEPARTMENT'S INVESTIGATION RESULTS IN  A  FINDING  THAT
THE  PERSON HAS BEEN THE OWNER OF THE MOTORCYCLE WITH THE UNIDENTIFIABLE
PART CONTAINED THEREIN FOR A PERIOD OF AT LEAST  EIGHTEEN  MONTHS.  SUCH
INVESTIGATION  SHALL  BE MADE BY THE DEPARTMENT OR THE POLICE DEPARTMENT
WITHIN THIRTY DAYS OF THE REQUEST OF SUCH OWNER FOR THE RETURN  OF  SUCH
UNIDENTIFIABLE  PART.  IF  THE OWNER OF SUCH MOTORCYCLE CANNOT BE ASCER-
TAINED, OR IF THE OWNER OR CUSTODIAN IS ARRESTED AND  CONVICTED  OF  THE
THEFT  OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE, SUCH A TRANSFER MAY BE
MADE TO A PERSON ENGAGED IN THE BUSINESS  OF  BUYING  OR  SELLING  MOTOR
VEHICLES,  TRAILERS OR PARTS WHO IS SUBJECT TO THE PRESUMPTION IN SUBDI-
VISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE, ONLY UPON
PAYMENT TO THE DEPARTMENT OR TO THE POLICE DEPARTMENT OF AN AMOUNT EQUAL
TO THE REASONABLE WHOLESALE VALUE OF THE PART. PROCEEDS FROM THE  TRANS-
FER OF ANY SUCH PART SHALL BE PAID INTO THE GENERAL FUND OF THE STATE IF
TRANSFERRED  BY  THE DEPARTMENT OR THE DIVISION OF STATE POLICE, OR INTO
THE GENERAL FUND OF THE APPROPRIATE LOCAL AUTHORITY, IF TRANSFERRED BY A
LOCAL POLICE DEPARTMENT. NO SUCH PART SHALL BE TRANSFERRED  PURSUANT  TO
THIS PARAGRAPH UNTIL A SPECIAL IDENTIFICATION NUMBER HAS BEEN AFFIXED TO
SUCH  PART  AND  THE  APPROPRIATE  FEE HAS BEEN PAID BY THE OWNER OF THE
MOTORCYCLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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