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This entry was published on 2014-09-22
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SECTION 398-A
Shipment of motor vehicles outside the continental United States
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 398-a. Shipment of motor vehicles outside the continental United
States. 1. No person whose business involves the preparation of the
shipping order or dock receipt or bill of lading or other export papers
for the transportation by water of a motor vehicle outside the
continental United States shall prepare such export papers unless he
receives from the person sending such motor vehicle outside the
continental United States a photocopy or other facsimile of a transfer
of registration or other proof of ownership for such motor vehicle
indicating thereon the identification number of such vehicle. Upon
receipt of such document, said person shall determine that the motor
vehicle to be transported outside the continental United States is the
same vehicle described in such proof of ownership and shall certify such
fact upon the copy of the shipping order, dock receipt, bill of lading
or other export paper for such vehicle which he retains for his records.
The person who prepares such export papers for the transportation of a
motor vehicle outside the continental United States shall maintain on
file for a period of three years the photocopy or other facsimile of
such transfer of registration or other proof of ownership together with
the appropriate shipping order, dock receipt, bill of lading or other
export paper. This section shall not apply to a motor vehicle which the
manufacturer thereof or a duly authorized dealer has never sold to a
purchaser for the purpose of use rather than of resale.

2. If a motor vehicle delivered for export does not correspond with
the proof of ownership presented for such vehicle, such facts shall be
immediately made known to the appropriate police department or other law
enforcement agency.

3. The person who prepares such export papers for the transportation
of a motor vehicle outside the continental United States shall, at least
forty-eight hours prior to the time the motor vehicle is shipped,
furnish to the police department in whose jurisdiction the point of
shipment lies and if there is no police department at that place to the
superintendent of state police at Albany, a description and
identification of the motor vehicle listing its make, year manufactured,
model, color and vehicle identification number or special vehicle
identification number designated by the commissioner of motor vehicles.

4. A police officer may at all reasonable times examine and inspect
all files and records relating to the shipment of such vehicle which are
in the custody of the shipper or of the person who prepares the export
papers.

5. Any person who shall violate, aid and abet the violation of, or
conspire or attempt to violate this section shall be guilty of a Class A
misdemeanor.