§ 429 Junk and salvage vehicles
VTL § 429
1.Requirements upon acquisition of junk or salvage vehicles.
(a)By an insurance company. Whenever an insurance company acquires a motor vehicle in settlement of a claim for damage thereto or theft thereof, such company shall deliver a statement concerning such acquisition to the commissioner as provided in this section. Such company shall deliver the certificate of title or any other ownership documents relating to such motor vehicle properly executed to transfer title from the insured to the company and notices of release of security interest from any lienholder whose lien has been satisfied to the commissioner with the required statement of acquisition.
(b)By a vehicle dismantler. Whenever a person who is engaged in a business requiring him to be registered as a vehicle dismantler or an itinerant vehicle collector acquires a motor vehicle which has been sold or otherwise disposed of as junk or for salvage, such person shall deliver a statement concerning such acquisition to the commissioner as provided in this section. Such person shall deliver the certificate of title or any other ownership documents relating to such motor vehicle properly executed to transfer title by the transferor to the vehicle dismantler or itinerant vehicle collector and notices of release of security interest from any lienholder whose lien has been satisfied to the commissioner with the required statement of acquisition. However, the provisions of this subdivision shall not apply to a vehicle which has been transferred to a vehicle dismantler registered under section four hundred fifteen-a of this chapter by means of a document issued pursuant to this section. The commissioner may, by regulation, allow the requirements of this subdivision with respect to the delivery of documents to be satisfied by an electronic filing of the necessary information by or on behalf of the person to whom such requirements apply.
(c)By other persons. Whenever a person other than a person described in paragraph (a) or (b) of this subdivision acquires ownership of a motor vehicle which has been sold or otherwise disposed of as junk or salvage or which is to be dismantled for use other than as a motor vehicle, such person shall deliver a statement concerning such acquisition to the commissioner as provided in this section. Such person shall deliver the certificate of title and any other ownership documents relating to such motor vehicle properly executed to transfer title by the transferor to such person and notices of release of security interest from any lienholder whose lien has been satisfied to the commissioner with the required statement of acquisition. However, the provisions of this subdivision shall not apply to a vehicle which has been transferred to any such person by means of a document issued pursuant to this section or to a scrap processor by a person registered or certified pursuant to section four hundred fifteen-a of this chapter.
(d)A statement of acquisition and all documents required to be submitted to the commissioner pursuant to this section or regulations promulgated thereunder must be so submitted within the time specified by regulation of the commissioner. Any person who, knowingly and willfully, and with intent to defraud a subsequent purchaser as to the applicable status of a motor vehicle, makes any false statement on an application for title or duplicate title for a motor vehicle pursuant to this section or fails to submit the statement of acquisition and supporting documentation to the commissioner within the time specified by regulation shall be subject to a civil penalty of up to two thousand dollars for each offense found to have been committed. Such penalty may only be imposed if such person has had the opportunity to be heard before an officer or employee of the department designated for such purpose by the commissioner, upon any charge of a violation of this paragraph or regulations promulgated by the commissioner with respect to this paragraph.
1-a. Requirements for certain fleet vehicles.
(e)The provisions of this subdivision shall not apply to any vehicle titled or registered in the name of a public utility subject to the authority of the public service commission for which such utility has obtained an exemption in accordance with the following provisions of this subdivision. In order to obtain such exemption, the utility must forward to the commissioner a listing, including model year, make and vehicle identification number of any or all vehicles for which exemption is requested not more than sixty and not less than thirty days prior to the date of proposed sale of such vehicle or vehicles. Such listing shall contain the date, time and place of such proposed sale. Any vehicle contained on such listing shall be exempt from the provisions of this subdivision, but such exemption shall be applicable only with respect to a sale of any such vehicle made upon the date contained on the listing.
2.Transfer of junk and salvage vehicles.
3.Items to be surrendered before intentional destruction of motor vehicles. A certified scrap processor or registered vehicle dismantler may crush a motor vehicle still displaying a vehicle identification number plate. The crushing must be so complete that the vehicle identification number plate cannot be readily removed. No other person shall cause or permit a motor vehicle to be scrapped, permanently dismantled or otherwise intentionally destroyed unless the vehicle identification number plate of such motor vehicle has been removed therefrom and either destroyed or delivered to the commissioner together with all title or any other ownership documents pertaining to such motor vehicle as provided in this section. If the vehicle identification number plate is not delivered to the commissioner, a notice indicating the disposition of such plate must accompany the ownership documents required to be submitted to the commissioner.
4.Forms and documents. Any forms or documents used in conjunction with this section shall be in a form prescribed by the commissioner and shall set forth a complete description of the motor vehicle, the name and address of the person to whom such motor vehicle was sold or transferred or from whom such motor vehicle was acquired together with any other information deemed necessary or desirable by the commissioner to effectuate the provisions and purposes of this section. Any such statement, document or item required to be delivered to the commissioner by any provision of this section shall be deemed to have been so delivered when it has been either personally delivered or sent by mail to the office of the commissioner at the address designated by him.
4-a. Fees for statement of acquisition. The statement of acquisition provided for in this section shall be issued as prescribed by regulation of the commissioner upon payment of a fee of five dollars for each such statement. Such fee shall be paid to the commissioner for deposit in the general fund.
5.Motor vehicle subject to requirements. The provisions of this section shall apply to all motor vehicles sold, surrendered or otherwise disposed of, or acquired, or intentionally destroyed, within this state for which a certificate of title has been issued by the commissioner or which would be eligible to have such a certificate of title issued.
6.Penalties. A violation of any provision of this section shall be a misdemeanor.
