§ 68-17 Special Procedures – Seizures.
RCNY § 68-17
(a)Right to Seize Vehicle.
1.The Commission and/or any police officer may seize any vehicle where: (A) Probable cause exists to believe that the vehicle is being operated in violation of § 19-506(b), (c), or (k) of the Administrative Code, or is being operated as a Commuter Van without Authorization; and (B) At the time of the stop, the Owner has at least one prior violation of § 19-506(b), (c), or (k) of the Administrative Code in the past 36 months (or in the case of an Owner of a Commuter Van, one prior violation for operating a Commuter Van without Authorization in the past five years), thereby making the vehicle potentially subject to forfeiture according to 35 RCNY § 68-18.
2.The driver and all passengers in a seized Commuter Van will be left in or transported to a location that is readily accessible to other means of public transportation.
3.Any vehicle that has been seized will be taken to a designated secured facility.
(b)Procedure After Seizure.
4.For purposes of this section, the term Owner means: (A) An Owner as defined in section 128 and section 388 of the Vehicle and Traffic Law, unless the vehicle is a Commuter Van; (B) If the vehicle is a Commuter Van, the term Owner when used in this section means an Owner as defined in subdivision (i) of § 19-502 of the Administrative Code.
(c)Hearing on Unlicensed Activity.
(d)Hearing Decision.
(1)Not Guilty Finding. If the Taxi and Limousine Tribunal at OATH finds that the charge of Unlicensed Activity has not been sustained, the vehicle will be released to the Owner. The Owner will be responsible for any storage fees that accrue after one full business day following the date of the order of vehicle release.
(2)Guilty Finding. If the Taxi and Limousine Tribunal at OATH finds that the vehicle has been engaged in Unlicensed Activity, and: (A) TLC has met all the requirements of 35 RCNY § 68-17(c)(1)(B), TLC will retain the vehicle and commence a forfeiture action according to 35 RCNY § 68-18. (B) TLC has not met the requirements of 35 RCNY § 68-17(c)(1)(B)(i), TLC will release the vehicle to the Owner upon payment of applicable penalties. The Owner will be responsible for any storage fees that accrue after one full business day following the date of the order of vehicle release. (C) TLC has not met the requirements of 35 RCNY § 68-17(c)(1)(B)(ii), TLC will release the vehicle to the Owner upon payment of applicable penalties and all removal and storage fees.
(e)Appeal.
(f)Declaration of abandonment.
(ii)The Owner or any Secondary Owner can claim the vehicle by paying the removal and storage fees due and, in the case of the Owner, the civil penalty claimed that is now a lien on the vehicle.
(iii)If the vehicle is not claimed within the allotted time, the Commission or its agent can sell the vehicle by public auction or by bid. (B) Disposition of the Proceeds from the Sale of the Vehicle.
(i)Proceeds from any sale, minus expenses incurred for removal, storage and sale of the vehicle and minus the civil penalty lien, will be held without interest for the benefit of the former Owner of the vehicle for 1 year.
