S T A T E O F N E W Y O R K
________________________________________________________________________
705
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the impoundment of for sale motor vehicles parked on a public highway
with an improper validating sticker or the absence of a proper vali-
dating sticker
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 401 of the vehicle and traffic
law, as amended by chapter 132 of the laws of 1986, is amended to read
as follows:
4. Carrying certificate of registration. Any magistrate, motor vehicle
inspector, peace officer, acting pursuant to his special duties, or
police officer may request that the operator of any motor vehicle
produce for inspection the certificate of registration for such vehicle
and such operator shall furnish to such magistrate, inspector, peace
officer or police officer any information necessary for the identifica-
tion of such vehicle and its owner, and all information required
concerning his license to operate, if he is required by law to have such
a license, and shall, if required, sign his name in the presence of such
magistrate, inspector, peace officer or police officer as a further
means of identification. The production of a license to a magistrate,
inspector, peace officer or police officer shall be prima facie evidence
in a prosecution for a violation of any provision of this chapter, other
than section three hundred ninety-two of this chapter, that the person
who so produced the license is the person identified on such license.
Provided, however, that a photostatic copy of the certificate of regis-
tration may be produced in lieu of the original certificate. If a vehi-
cle does not have affixed a validating sticker which indicates the plate
number, the vehicle identification number and the expiration date of the
registration, the failure to produce the certificate of registration, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02704-01-5
A. 705 2
a photostatic copy of such certificate, shall be presumptive evidence of
operating a motor vehicle or trailer which is not registered as required
by this article PROVIDED, FURTHER HOWEVER, IF SUCH VEHICLE IS MARKED BY
THE OWNER AS BEING OFFERED FOR SALE, AND SUCH CAR IS PARKED ON A PUBLIC
HIGHWAY, WITH AN IMPROPER VALIDATING STICKER OR WITHOUT A PROPER VALI-
DATING STICKER, SHALL RENDER SUCH VEHICLE SUBJECT TO IMPOUNDMENT BY THE
MAGISTRATE, MOTOR VEHICLE INSPECTOR, PEACE OFFICER, ACTING PURSUANT TO
HIS SPECIAL DUTIES, OR POLICE OFFICER, INSPECTING SUCH VEHICLE.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.