Permits local authorities, if authorized by special or local law, to convert for law enforcement purposes, up to three percent of vehicles deemed abandoned

2 Co-sponsors

• William J. Larkin Jr.
• Thomas P. Morahan

Title of bill

An act to amend the vehicle and traffic law and the administrative code of the city of New York, in relation to the conversion of abandoned vehicles by local authorities

Purpose

This bill would amend section 1224(6)(a) of the Vehicle and Traffic Law ("VTL") to permit local authorities, if authorized by special or local law, to convert for law enforcement purposes, up to three percent of vehicles deemed abandoned (or two such vehicles, whichever is greater) pursuant to that section. Section 14-140(e) (1) of the New York City Administrative Code would also be amended to implement the new conversion rate in New York City.

Justification

VTL Section 1224 permits local authorities to seize abandoned vehicles, as that term is defined in that section. If these vehicles remain unclaimed, after statutory notice to the owner, the local authorities may take title to them. In most cases, local authorities are required to sell these vehicles at public auction, or to a scrap processor or vehicle dismantler. However, VTL Section 1224(6) (a) permits local authorities to convert up to one percent of abandoned vehicles (or two such vehicles, whichever is greater) in their possession per year.

The conversion provision of the VTL provides a modest, but necessary, cost-effective method to obtain a limited number of unique, undercover vehicles for law enforcement purposes. In the City of New York, converted vehicles have been used by the police Department, District Attorneys and the Department of Investigation. As the Police Department expands its strategies to reduce crime, there is a need for additional vehicles for undercover investigative work. Without this one percent conversion provision, these vehicles would have to be purchased or leased at a greater cost to the City and its taxpayers.

In these times of fiscal constraint, the City must impose budgetary restrictions on the purchase of vehicles. The Police Department has had to extend the average life of its vehicle fleet by thirty-three percent. Accordingly, the right to convert abandoned vehicles is welcome assistance.

However, the one percent rate resulted in the conversion of only twenty-three vehicles in New York City in 1996. This bill would raise the permissible conversion cap on abandoned vehicles to a maximum of three percent. The bill acknowledges the important governmental need for vehicles for law enforcement purposes while preserving the right of the owner of an apparently abandoned vehicle to receive notice and claim the vehicle.

The only vehicles that are subject to conversion are vehicles that have apparently been abandoned by their owners, with their removal left to local authorities. Notwithstanding this fact, the statute still provides strict procedures for notification to the owner that the vehicle has been found and a time period for them to re-claim the vehicle before title transfers to the local government.

This bill will assist law enforcement officials in obtaining needed vehicles in a modest but cost-effective manner.

Legislative history

S.1844/A.3475 of 2007-08 (Passed Senate); S.1043/A.193l of 2005-06 (Passed Senate, Assembly Transportation); S.1054/A.1998 of 2003-04 (Passed Senate '03/'04, Assembly Transportation), S.1219A/A.6132 of 2001-02 (Passed Senate 2001 and 2002), S.1501 of 1999-00 (Passed Senate in 2000), S.6493 of 1997-98.

Fiscal implications

None.

Effective date

Immediately.