Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation

BILL NUMBER:S396

Title of bill

An act to amend the vehicle and traffic law, in relation to the transfer of motorcycles having parts with unidentifiable identification numbers

Purpose or general idea of bill

To ensure the prompt return of motor cycles seized from innocent owners due to problems with vehicle identification numbers.

Summary of specific provisions

Section One of the bill would assign a new identification number and return of motor vehicle, trailer or part to owner. If a person other than the person arrested be the owner, the motor vehicle, trailer or part shall be returned to his or her as soon as he or she has arranged to have the department of motor vehicles affix a new number, or in the case of a part, inspect such part, and the department has done so, as provided in section four hundred twenty-two of this (chapter) article. Prior to the return of the motor vehicle, trailer or part, or the transfer of custody of said motor vehicle, trailer or part, the arresting officer shall transmit notice of the arrest to the commissioner.

Section two of the bill would require the transfer of ownership of an unidentifiable part in an otherwise identifiable motorcycle (other than a stolen motorcycle) held by DMV or a local police department to the owner of the motorcycle, provided that DMV or such department has made findings that the owner had no knowledge that the part was unidentifiable and the owner was neither responsible for rendering the part unidentifiable nor acting in concert with any person to do so. This section also would require an investigation for making such findings, to be made no later than 30 days after seizure of the motorcycle. Upon such findings, the bill would require DMV or such police department to return such motorcycle to its Owner immediately. Finally, the bill would require DMV to establish a system of safeguards to ensure the return of a seized or confiscated motorcycle in an undamaged condition.

Justification

There have been instances in New York State where motorcycles have been seized from innocent owners, on the grounds that the vehicle identification numbers (VINs) of such motorcycles or parts thereof have been destroyed, removed, altered, defaced or covered in a manner so as to be effectually concealed. Despite the fact that such owners were neither arrested nor convicted of violating the law requiring retention of VINs on vehicles, often the motorcycles in question are not returned. This bill will ensure that persons innocent of any illegal action regarding VINs are able to have their property returned in a timely fashion. It also will ensure that the seizure of such vehicles in the first

instance are pursuant to criteria established by the Department of Motor Vehicles.

Prior legislative history

2011/12 - S.1336 2009/10 - S.1298/A.1933 - Advanced to 3rd Reading

Fiscal implications

Unknown.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law.