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This entry was published on 2015-11-13
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SECTION 223
Motor vehicle theft prevention program
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 2, ARTICLE 2
§ 223. Motor vehicle theft prevention program. 1. The commissioner is
hereby authorized and directed to establish a motor vehicle theft
prevention program within the department which shall have trained motor
vehicle investigators and police officers participating in it.

2. It shall be the duty of such investigators to conduct detailed
investigations, in cooperation with law enforcement officials, of those
entities which may be possible sources for the disposal of stolen
vehicles or major component parts; to determine the reliability of
applicants required to be registered under provisions of the vehicle and
traffic law; to provide assistance to law enforcement personnel in
determining sources of outlets for stolen motor vehicles and stolen
motor vehicle parts; to cooperate with law enforcement personnel
relative to the investigation of organized motor vehicle theft rings; to
examine motor vehicles prior to the issuance of a New York state motor
vehicle title at the discretion of the commissioner; and to inspect
motor vehicles for which a notice of acquisition is required to be filed
pursuant to section four hundred twenty-nine of this chapter whenever
such a vehicle is to be registered for use upon the public highway.

3. The commissioner, in consultation with the commissioner of the
division of criminal justice services, shall establish a motor vehicle
theft prevention program to be known as the "Watch Your Car Program,"
which shall include the issuance of official decals to identify motor
vehicles that are not normally operated between the hours of 1:00 A.M.
and 5:00 A.M. Participation in the program shall be voluntary in nature
and shall involve the following:

(a) In the presence of a duly authorized police officer in any law
enforcement agency participating in such program, the registered owner
of a motor vehicle shall sign an informed consent statement indicating
that the motor vehicle registered to such owner is not normally operated
between the hours of 1:00 A.M. and 5:00 A.M. The form of such informed
consent statement shall be promulgated by the commissioner after
consultation with the commissioner of the division of criminal justice
services.

(b) (i) Upon signing such informed consent statement, the registered
owner shall be issued decals approved by the commissioner and such
decals shall be affixed to the owner's vehicle in a conspicuous place as
prescribed by the commissioner. The decals shall be issued by the law
enforcement agency participating in the program.

(ii) The law enforcement agency issuing the decals shall make a record
of the decals issued to each registered owner. Such records shall be
maintained by the law enforcement agencies participating in the program
and shall be available to the commissioner, to the superintendent of
state police, to the commissioner of the division of criminal justice
services and to law enforcement agencies.

(c) Informed consent statement forms shall be available at all
participating law enforcement agencies throughout the state. The
commissioner may accept the format used for the decal and application
used by local police officials in municipalities that implemented such
programs prior to the effective date of this subdivision.

4. The commissioner shall, no later than January first, nineteen
hundred eighty-two, submit to the governor and the legislature a report
on the results and operation of the motor vehicle theft prevention
program.

5. The expenses incurred by the commissioner in implementing the motor
vehicle theft prevention program created by this section shall be funded
from revenues collected pursuant to sections four hundred fifteen-a,
four hundred twenty-one, subdivision five of section four hundred
twenty-three-a and four hundred thirty of this chapter.