N.Y. Vehicle & Traffic Law § 223: Motor vehicle theft prevention program

§ 223. Motor vehicle theft prevention program. 1. The commissioner is

hereby authorized and directed to establish a motor vehicle theft

prevention program within the department which shall have trained motor

vehicle investigators and police officers participating in it.

2. It shall be the duty of such investigators to conduct detailed

investigations, in cooperation with law enforcement officials, of those

entities which may be possible sources for the disposal of stolen

vehicles or major component parts; to determine the reliability of

applicants required to be registered under provisions of the vehicle and

traffic law; to provide assistance to law enforcement personnel in

determining sources of outlets for stolen motor vehicles and stolen

motor vehicle parts; to cooperate with law enforcement personnel

relative to the investigation of organized motor vehicle theft rings; to

examine motor vehicles prior to the issuance of a New York state motor

vehicle title at the discretion of the commissioner; and to inspect

motor vehicles for which a notice of acquisition is required to be filed

pursuant to section four hundred twenty-nine of this chapter whenever

such a vehicle is to be registered for use upon the public highway.

3. The commissioner, in consultation with the commissioner of the

division of criminal justice services, shall establish a motor vehicle

theft prevention program to be known as the "Watch Your Car Program,"

which shall include the issuance of official decals to identify motor

vehicles that are not normally operated between the hours of 1:00 A.M.

and 5:00 A.M. Participation in the program shall be voluntary in nature

and shall involve the following:

(a) In the presence of a duly authorized police officer in any law

enforcement agency participating in such program, the registered owner

of a motor vehicle shall sign an informed consent statement indicating

that the motor vehicle registered to such owner is not normally operated

between the hours of 1:00 A.M. and 5:00 A.M. The form of such informed

consent statement shall be promulgated by the commissioner after

consultation with the commissioner of the division of criminal justice

services.

(b) (i) Upon signing such informed consent statement, the registered

owner shall be issued decals approved by the commissioner and such

decals shall be affixed to the owner's vehicle in a conspicuous place as

prescribed by the commissioner. The decals shall be issued by the law

enforcement agency participating in the program.

(ii) The law enforcement agency issuing the decals shall make a record

of the decals issued to each registered owner. Such records shall be

maintained by the law enforcement agencies participating in the program

and shall be available to the commissioner, to the superintendent of

state police, to the commissioner of the division of criminal justice

services and to law enforcement agencies.

(c) Informed consent statement forms shall be available at all

participating law enforcement agencies throughout the state. The

commissioner may accept the format used for the decal and application

used by local police officials in municipalities that implemented such

programs prior to the effective date of this subdivision.

4. The commissioner shall, no later than January first, nineteen

hundred eighty-two, submit to the governor and the legislature a report

on the results and operation of the motor vehicle theft prevention

program.

5. The expenses incurred by the commissioner in implementing the motor

vehicle theft prevention program created by this section shall be funded

from revenues collected pursuant to sections four hundred fifteen-a,

four hundred twenty-one, subdivision five of section four hundred

twenty-three-a and four hundred thirty of this chapter.