NY State Senate Bill 2017-S4191

Senate Bill S4191

2017-2018 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

Archive: Last Bill Status - In Senate Committee Transportation 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Feb 06, 2017	referred to transportation

2017-S4191 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §423-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1298
2011-2012: S1338
2013-2014: S396
2015-2016: S1650

2017-S4191 (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.

2017-S4191 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4191

 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 nos 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 :

2013-2014: S.396 - Referred to transportation
2015-2016: S.1650- Referred to transportation

 FISCAL IMPLICATIONS :

Unknown.

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

2017-S4191 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4191
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 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.
   §  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.

                                                            LBD09230-01-7

 S. 4191                             2
 
 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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