Bill Text: NY A00222 | 2013-2014 | General Assembly | Introduced


Bill Title: Authorizes the impoundment of for sale motor vehicles parked on a public highway with an improper validating sticker or the absence of a proper validating sticker.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A00222 Detail]

Download: New_York-2013-A00222-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          222
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on Transportation
       AN  ACT to amend the vehicle and traffic law, in relation to authorizing
         the impoundment of for sale motor vehicles parked on a public  highway
         with  an  improper validating sticker or the absence of a proper vali-
         dating sticker
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of section 401 of the vehicle and traffic
    2  law, as amended by chapter 132 of the laws of 1986, is amended  to  read
    3  as follows:
    4    4. Carrying certificate of registration. Any magistrate, motor vehicle
    5  inspector,  peace  officer,  acting  pursuant  to his special duties, or
    6  police officer may request  that  the  operator  of  any  motor  vehicle
    7  produce  for inspection the certificate of registration for such vehicle
    8  and such operator shall furnish to  such  magistrate,  inspector,  peace
    9  officer  or police officer any information necessary for the identifica-
   10  tion of such  vehicle  and  its  owner,  and  all  information  required
   11  concerning his license to operate, if he is required by law to have such
   12  a license, and shall, if required, sign his name in the presence of such
   13  magistrate,  inspector,  peace  officer  or  police officer as a further
   14  means of identification. The production of a license  to  a  magistrate,
   15  inspector, peace officer or police officer shall be prima facie evidence
   16  in a prosecution for a violation of any provision of this chapter, other
   17  than  section  three hundred ninety-two of this chapter, that the person
   18  who so produced the license is the person identified  on  such  license.
   19  Provided,  however, that a photostatic copy of the certificate of regis-
   20  tration may be produced in lieu of the original certificate. If a  vehi-
   21  cle does not have affixed a validating sticker which indicates the plate
   22  number, the vehicle identification number and the expiration date of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01036-01-3
       A. 222                              2
    1  registration, the failure to produce the certificate of registration, or
    2  a photostatic copy of such certificate, shall be presumptive evidence of
    3  operating a motor vehicle or trailer which is not registered as required
    4  by  this article PROVIDED, FURTHER HOWEVER, IF SUCH VEHICLE IS MARKED BY
    5  THE OWNER AS BEING OFFERED FOR SALE, AND SUCH CAR IS PARKED ON A  PUBLIC
    6  HIGHWAY,  WITH  AN IMPROPER VALIDATING STICKER OR WITHOUT A PROPER VALI-
    7  DATING STICKER, SHALL RENDER SUCH VEHICLE SUBJECT TO IMPOUNDMENT BY  THE
    8  MAGISTRATE,  MOTOR  VEHICLE INSPECTOR, PEACE OFFICER, ACTING PURSUANT TO
    9  HIS SPECIAL DUTIES, OR POLICE OFFICER, INSPECTING SUCH VEHICLE.
   10    S 2. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.
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