S T A T E   O F   N E W   Y O R K
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                                  6033

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  title
  requirements for certain vehicle transfers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 5  of  section  415-a  of  the
vehicle  and traffic law, as amended by chapter 180 of the laws of 2006,
is amended to read as follows:
  (a) Any records required by this section shall apply only to  vehicles
or parts of vehicles for which a certificate of title has been issued by
the  commissioner  or which would be eligible to have such a certificate
of title issued. Every person required to be registered pursuant to this
section shall maintain a record of all  motor  vehicles,  trailers,  and
major  component parts thereof, coming into his possession together with
a record of the disposition of any such motor vehicle, trailer  or  part
thereof  and  the  date  such  motor vehicle, trailer or part thereof is
received and shall maintain proof of ownership for  any  motor  vehicle,
trailer or major component part thereof while in his possession. For the
purposes of this article an inflatable restraint system shall be a major
component  part.  Such  records shall be maintained in a manner and form
prescribed by the commissioner. [The commissioner  may,  by  regulation,
exempt  vehicles  or  major  component  parts  of vehicles from all or a
portion of the record keeping requirements based upon  the  age  of  the
vehicle  if the commissioner deems that such record keeping requirements
would not further the purposes of the  motor  vehicle  theft  prevention
program  established  by  section two hundred twenty-three of this chap-
ter.] Upon request of an agent of the  commissioner  or  of  any  police
officer  and  during  his  regular  and  usual business hours, a vehicle
dismantler shall produce such records and permit said  agent  or  police
officer  to examine them and any vehicles or parts of vehicles which are

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08469-02-5
              

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subject to the record keeping requirements of this section and which are
on the premises. Upon request of  any  agent  of  the  commissioner  and
during  his regular and usual business hours, a salvage pool, mobile car
crusher  or  itinerant  vehicle collector shall produce such records and
permit said agent or police officer to examine them and any vehicles  or
parts  of  vehicles which are subject to the record keeping requirements
of this section and which are on the premises. The  failure  to  produce
such  records  or  to  permit  such inspection on the part of any person
required to be registered pursuant to this section as required  by  this
paragraph shall be a class A misdemeanor.
  S  2.  Paragraphs  (b)  and (c) of subdivision 1 of section 429 of the
vehicle and traffic law, as amended by chapter 691 of the laws of  1979,
are amended to read as follows:
  (b)  By  a  vehicle  dismantler. Whenever a person who is engaged in a
business requiring him to be registered as a vehicle  dismantler  or  an
itinerant vehicle collector acquires a motor vehicle which has been sold
or  otherwise  disposed  of  as  junk  or for salvage, such person shall
deliver a statement concerning such acquisition to the  commissioner  as
provided  in  this section. Such person shall deliver the certificate of
title or any other ownership documents relating to  such  motor  vehicle
properly  executed  to  transfer  title by the transferor to the vehicle
dismantler or itinerant vehicle collector  and  notices  of  release  of
security  interest  from any lienholder whose lien has been satisfied to
the commissioner with the required statement of  acquisition.  [However,
the  provisions  of  this subdivision shall not apply to a vehicle which
has been transferred to a vehicle dismantler  registered  under  section
four  hundred  fifteen-a  of  this chapter by means of a document issued
pursuant to this section.]
  (c) By other persons. Whenever a person other than a person  described
in  paragraph  (a)  or  (b)  of this subdivision acquires ownership of a
motor vehicle which has been sold or otherwise disposed of  as  junk  or
salvage or which is to be dismantled for use other than as a motor vehi-
cle,  such  person shall deliver a statement concerning such acquisition
to the commissioner as provided  in  this  section.  Such  person  shall
deliver  the  certificate  of  title  and  any other ownership documents
relating to such motor vehicle properly executed to  transfer  title  by
the  transferor to such person and notices of release of security inter-
est from any lienholder whose lien has been satisfied to the commission-
er with the required statement of acquisition. [However, the  provisions
of  this  subdivision shall not apply to a vehicle which has been trans-
ferred to any such person by means of a document issued pursuant to this
section or to a scrap processor by  a  person  registered  or  certified
pursuant to section four hundred fifteen-a of this chapter.]
  S  3.  Subdivision 4 of section 429 of the vehicle and traffic law, as
amended by chapter 691 of the laws  of  1979,  is  amended  to  read  as
follows:
  4. Forms and documents. (A) Any forms or documents used in conjunction
with  this section shall be in a form prescribed by the commissioner and
shall set forth a complete description of the motor  vehicle,  the  name
and  address of the person to whom such motor vehicle was sold or trans-
ferred or from whom such motor vehicle was acquired  together  with  any
other  information  deemed necessary or desirable by the commissioner to
effectuate the provisions and purposes of this section. Any such  state-
ment,  document  or item required to be delivered to the commissioner by
any provision of this section shall be deemed to have been so  delivered
when  it  has  been  either  personally delivered or sent by mail to the

A. 6033                             3

office of the commissioner at the address designated  by  him.  NOTWITH-
STANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, THE MV-35
FORM PRESCRIBED BY THE COMMISSIONER SHALL NOT CONSTITUTE PROOF OF OWNER-
SHIP  FOR  THE  PURPOSES  OF TRANSFER OF A VEHICLE UNDER THIS ARTICLE OR
ARTICLE SIXTEEN OF THIS CHAPTER.
  (B) IN LIEU OF A CERTIFICATE OF TITLE, THE COMMISSIONER  MAY  ISSUE  A
REPLACEMENT  TITLE  UPON  APPLICATION  ON A FORM TO BE PRESCRIBED BY THE
COMMISSIONER FOR A FEE IN THE AMOUNT OF FIFTY  DOLLARS.  TRANSFER  OF  A
VEHICLE  TO  A  VEHICLE DISMANTLER, ITINERANT VEHICLE COLLECTOR OR SCRAP
PROCESSOR WITHOUT EITHER A CERTIFICATE OF  TITLE  OR  REPLACEMENT  TITLE
SHALL CONSTITUTE A VIOLATION OF THIS SECTION.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.