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Assembly Bill A6215

2017-2018 Legislative Session

Relates to repossession of motor vehicle or motorcycle

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2017-A6215 (ACTIVE) - Details

See Senate Version of this Bill:
S5369
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §425, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5448
2015-2016: A9785, S4479

2017-A6215 (ACTIVE) - Summary

Relates to repossession of a motor vehicle or motorcycle; extends the time frame in which the repossessor of a motor vehicle must submit the license plates to the department of motor vehicles from 24 hours to 10 days.

2017-A6215 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6215
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2017
                                ___________
 
 Introduced  by M. of A. WALSH -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to repossession
   of motor vehicle or motorcycle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of section 425 of the vehicle and traffic
 law, as amended by chapter 81 of the laws of 1968, is amended to read as
 follows:
   1. Any person, firm or corporation, or agent,  employee  or  represen-
 tative  thereof,  repossessing or retaking a motor vehicle or motorcycle
 pursuant to the provisions of article nine  of  the  uniform  commercial
 code,  or  other  authority of law, or any contract or agreement, shall,
 immediately following such repossession or retaking,  personally  appear
 at  a  station house or other office of the police department, or agency
 or officer performing like  functions,  in  the  locality  wherein  such
 repossession or retaking occurred, give notice to such department, agen-
 cy or officer of such repossession or retaking and thereafter and [with-
 in  twenty-four  hours]  AFTER  THE FIRST TEN DAYS personally deliver or
 mail by [special delivery] first class mail to the nearest motor vehicle
 [district] office, (a) notice of such repossession or retaking  in  such
 form  as  the commissioner may require and (b) the number plates of such
 motor vehicle or motorcycle. Notice of such  repossession  or  retaking,
 including the name and address of the person, firm or corporation repos-
 sessing  or  retaking  the  same, shall also be given within twenty-four
 hours thereof to the owner of such motor vehicle or  motorcycle,  either
 personally  or by registered or certified mail directed to such owner at
 his last-known address OR BY PHONE, E-MAIL OR TEXT MESSAGE PROVIDED THAT
 NOTICE IS ALSO GIVEN BY FIRST CLASS MAIL.  Unless the motor  vehicle  or
 motorcycle can be repossessed or retaken without breach of the peace, it
 shall  be  repossessed  or  retaken by legal process, but nothing herein
 contained shall be construed to authorize a violation  of  the  criminal
 law.
   § 2. This act shall take effect immediately.

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