Provides for forfeiture of a truck, tractor and/or tractor-trailer combination for a third violation of designated truck routes within 18 months

The bill sets forth specific provisions relating to the process for seizure of the vehicle, notice to the owner of the vehicle and forfeiture proceedings if warranted and commenced by appropriate municipal prosecuting authorities including the following provisions:

o Upon notice of a violation to either the owner or operator of the vehicle, law enforcement may seize the vehicle which will then be delivered into the custody of the appropriate municipal prosecuting authority; o Notice must be served upon owner of vehicle within in 1 business day after seizure; o If a forfeiture proceeding is deemed appropriate by the prosecuting authority it must be commenced in the supreme court no later than 20 days after written demand by the vehicle owner; o The seized vehicle will be released when a.) the prosecuting authority chooses to or fails to institute forfeiture proceedings or such proceedings are resolved in owner's favor and b.) when person seeking to claim vehicle has produced evidence of registration and financial security and payment of fines, penalties and costs associated with violation and subsequent seizure of the vehicle or if pending completion of the forfeiture proceedings the person claiming the vehicle posts a bond and has provided evidence of registration and financial security; o If a demand for return of the vehicle is not made within 90 days after termination of a proceeding founded upon the charge of violation of a designated truck route, the vehicle shall be deemed abandoned and shall be disposed of by the municipality; o Notice of forfeiture proceedings shall be by personal service upon owner of record and by first class mail upon all individuals who notify the prosecuting authority of ownership and upon all persons holding a security interest in the vehicle; o Any owner of who receives notice of the forfeiture proceeding shall assert a claim for recovery of the vehicle; o Any person with a security interest in the vehicle who receives notice

of the forfeiture proceeding shall assert a claim for satisfaction of such person's security interest and any successful claim shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle;

o No vehicle may be forfeited to the extent of interest held by the owner or holder of a security interest where such person pleads and proves that the use of the vehicle was without knowledge, or consent, etc., of the owner, or where the vehicle was unlawfully in the possession of someone who acquired possession of the vehicle in violation of the criminal laws of the United States or any state; o The Court in a forfeiture action may dismiss the case in the interests of justice if warranted by the existence of some compelling factor, consideration or circumstance demonstrating that forfeiture of the property would no serve the ends of justice; o If the vehicle is forfeited then prosecuting authority shall, by public notice of at least 20 days, sell the vehicle at public sale with the net proceeds being paid into the general fund of the municipality where seizure was made (or to state police seized assets account if vehicle seized by state police); o Any claims by interested parties who did not receive actual notice to the forfeiture proceedings may be brought within the same court within two years after the seizure; o No action for wrongful seizure shall be instituted unless commenced within two years after the vehicle was seized.

Section 2 of the bill sets forth an effective date of ninety days after it shall have become a law.

Justification

As of the 2010 census, the State of New York has a population of over 19 million people. In order to sustain a population of this size thousands of trucks drive across local roads to deliver necessary goods and services. Unfortunately, these huge numbers of trucks also bring unwelcome adverse effects to communities throughout the state including pollution, noise, traffic and accelerated infrastructure decay.

In an attempt to address some of these harmful effects to local communities, various municipalities have created designated truck routes that trucks are legally bound to follow with some limited exceptions. However, many truck drivers fail to comply with these laws and drive illegally through residential communities in an effort to save time.

This legislation, which significantly increases penalties for repeat offenders, is necessary to encourage compliance with designated truck routes and to help protect those local communities that are overrun with truck traffic that severely impacts their quality of life.

Legislative history

2011-12: S.7853

Fiscal implications

None.

Effective date

The act shall take effect on the ninetieth day after it shall have become a law.