N.Y. Vehicle & Traffic Law § 415-a: Vehicle dismantlers and other persons engaged in the transfer or disposal of junk and salvage vehicles

§ 415-a. Vehicle dismantlers and other persons engaged in the transfer

or disposal of junk and salvage vehicles. 1. Definition and registration

of vehicle dismantlers. A vehicle dismantler is any person who is

engaged in the business of acquiring motor vehicles or trailers for the

purpose of dismantling the same for parts or reselling such vehicles as

scrap. No person shall engage in the business of or operate as a vehicle

dismantler unless there shall have been issued to him a registration in

accordance with the provisions of this section. A violation of this

subdivision shall be a class E felony.

1-a. Definition and registration of salvage pools. A salvage pool is

any person, acting on behalf of the vehicle owner or an insurance

company, who sells, offers for sale or solicits bids for the sale of

junk or salvage vehicles or major component parts of such vehicles, or

displays or permits the display of such vehicles or parts upon premises

owned or controlled by him, but who does not dismantle vehicles. No

person shall engage in business as a salvage pool unless there shall

have been issued to him a registration in accordance with the provisions

of this section. A violation of this subdivision shall be a class A

misdemeanor.

1-b. Definition and registration of mobile car crushers. A mobile car

crusher is any person who engages in the business of operating a

transportable car crusher, but who does not acquire ownership of the

vehicles which he crushes. No person shall engage in the business of or

operate as a mobile car crusher unless there shall have been issued to

him a registration in accordance with the provisions of this section. A

violation of this subdivision shall be a class A misdemeanor.

1-c. Itinerant vehicle collectors. An itinerant vehicle collector is

any person who is engaged in the business of acquiring non-operable

vehicles and who sells such vehicles or major component parts thereof to

a vehicle dismantler or scrap processor. No person shall engage in

business as an itinerant vehicle collector unless there shall have been

issued to him a registration in accordance with the provisions of this

section. A violation of this subdivision shall be a class A misdemeanor.

2. Application for registration. An application for registration as a

vehicle dismantler, salvage pool, mobile car crusher or itinerant

vehicle collector shall be made to the commissioner on a form prescribed

by him which shall contain the name and address of the applicant and the

names and addresses of all persons having a financial interest in the

business. Such application shall contain a listing of all felony

convictions and all other convictions relating to the illegal sale or

possession of a motor vehicle or motor vehicle parts, and a listing of

all arrests for any such violations by the applicant and any other

person required to be named in such application. On and after January

first, nineteen hundred ninety-two, such application for or renewal of

registration as a vehicle dismantler shall, in addition to the

foregoing, contain a statement indicating that the applicant has

purchased approved motor vehicle refrigerant recycling equipment or

refrigerant recapturing equipment in accordance with section 38-0107 of

the environmental conservation law. Applicants who are vehicle

dismantlers must submit along with their application either a

manufacturer's certificate issued upon purchase or an invoice with proof

of payment. All such documents shall contain the name and address of the

repair shop and manufacturer, the date purchased, and the serial numbers

of the units acquired. The application shall also contain the business

address of the applicant and may contain any other information required

by the commissioner.

3. Fees. The annual fee for registration as a vehicle dismantler,

salvage pool, mobile car crusher or itinerant vehicle collector shall be

fifty dollars. Upon approval of an application, an appropriate

registration shall be issued for a period of time determined by the

commissioner and if issued for a period of more or less than one year,

the fee shall be prorated on a monthly basis. Fees assessed under this

section shall be paid to the commissioner for deposit to the general

fund.

4. Requirements for registration. (a) Except as otherwise provided

herein, no registration shall be issued or renewed unless the applicant

has a permanent place of business at which the activity requiring

registration is performed which conforms to section one hundred

thirty-six of the general municipal law as such section applies and to

all local laws or ordinances and the applicant and all persons having a

financial interest in the business have been determined by the

commissioner to be fit persons to engage in such business. However, the

commissioner may issue a temporary registration pending final

investigation of an application.

(b) The provisions of this subdivision requiring a place of business

at which the activity requiring registration is performed shall not

apply to a mobile car crusher nor to an itinerant vehicle collector.

However, the mobile car crusher or itinerant vehicle collector must

otherwise comply with all applicable local licensing laws or ordinances.

(c) Notwithstanding the provisions of paragraph (a) of this

subdivision, the commissioner may issue a registration to an applicant

for registration as a vehicle dismantler or salvage pool to a person who

may not comply with local laws relating to zoning provided that the

applicant has engaged in business at that location as a vehicle

dismantler since September first, nineteen hundred seventy-three.

However, the issuance of such registration shall not be a defense with

respect to any action brought with respect to violation of any such

local law.

5. Records and identification. (a) Any records required by this

section shall apply only to vehicles or parts of vehicles for which a

certificate of title has been issued by the commissioner or which would

be eligible to have such a certificate of title issued. Every person

required to be registered pursuant to this section shall maintain a

record of all motor vehicles, trailers, and major component parts

thereof, coming into his or her possession together with a record of the

disposition of any such motor vehicle, trailer or part thereof and the

date such motor vehicle, trailer or part thereof is received and shall

maintain proof of ownership for any motor vehicle, trailer or major

component part thereof while in his or her possession. For the purposes

of this article an inflatable restraint system shall be a major

component part and a catalytic converter shall be a major component

part. Such records shall be maintained in a manner and form prescribed

by the commissioner. The commissioner may, by regulation, exempt

vehicles or major component parts of vehicles from all or a portion of

the record keeping requirements based upon the age of the vehicle if the

commissioner deems that such record keeping requirements would not

further the purposes of the motor vehicle theft prevention program

established by section two hundred twenty-three of this chapter. Upon

request of an agent of the commissioner or of any police officer and

during his or her regular and usual business hours, a vehicle dismantler

shall produce such records and permit said agent or police officer to

examine them and any vehicles or parts of vehicles which are subject to

the record keeping requirements of this section and which are on the

premises. In addition, the commissioner shall require every vehicle

dismantler to produce, every sixty days, all records regarding the

number of catalytic converters they took in within such sixty-day period

subject to the record keeping requirements of this section. Upon request

of any agent of the commissioner and during his or her regular and usual

business hours, a salvage pool, mobile car crusher or itinerant vehicle

collector shall produce such records and permit said agent or police

officer to examine them and any vehicles or parts of vehicles which are

subject to the record keeping requirements of this section and which are

on the premises. The failure to produce such records or to permit such

inspection on the part of any person required to be registered pursuant

to this section as required by this paragraph shall be a class A

misdemeanor. If a vehicle dismantler has gained money or property by

failing to produce records of the number of catalytic converters they

take in as required by the commissioner pursuant to this paragraph, the

court may order such defendant to pay an amount, fixed by the court, not

to exceed double the amount of such defendant's gain from the commission

of such offense.

(b) Every vehicle dismantler and salvage pool shall display at his

place of business at least one sign upon which his registration number

and any other information required by the commissioner is affixed in a

manner prescribed by the commissioner and further shall affix his

registration number on all advertising, business cards, and vehicles

used by him in connection with his business. The commissioner is hereby

empowered to require, by regulation, that vehicle dismantlers and

salvage pools mark, stamp or tag major component parts of vehicles in

their possession in a manner prescribed by the commissioner so as to

enable the part so marked to be identified as having come from a

particular vehicle and from a particular vehicle dismantler and salvage

pool. A violation of this paragraph shall be a class A misdemeanor.

(c) For the purposes of this article, the term "catalytic converter"

shall mean a device installed in the exhaust system of an internal

combustion engine that utilizes catalytic action to oxidize hydrocarbon

and carbon monoxide emissions to carbon dioxide and water.

5-a. Improper display of signs. (a) The holder of a vehicle dismantler

or salvage pool registration shall remove or cause to be removed any

sign which contains the license number of the facility which is visible

to the public and which is required to be displayed by this article or

regulations promulgated thereunder if the registration is revoked or

suspended or the vehicle dismantler or salvage pool is out of business.

If the registration is only suspended, the holder may cover up the sign

instead of removing it.

(b) No person shall permit the display of any sign required to be

displayed by this article or regulations promulgated thereunder

indicating to the public that an official vehicle dismantler or salvage

pool is operating unless a dismantler or salvage pool registration has

been issued to that person and is currently valid.

6. Suspension, revocation and refusal to renew a registration; civil

penalty. (a) A registration may be suspended or revoked, or renewal of a

registration refused upon a conviction of any provision of the penal law

relating to motor vehicle theft, illegal possession of a stolen vehicle

or illegal possession of stolen motor vehicle parts, or after the

registrant has had an opportunity to be heard upon any change of status

of the registrant which would have resulted in refusal to issue a

registration, any false statement in an application for a registration,

an egregious and willful violation of title twenty-three of article

twenty-seven of the environmental conservation law, any violation of

subdivision five of this section or regulations promulgated by the

commissioner with respect to this section, or any violation of title ten

of this chapter.

(b) Civil penalty. The commissioner, or any person deputized by him,

in addition to or in lieu of revoking or suspending the registration of

a registrant in accordance with the provisions of this article, may in

any one proceeding by order require the registrant to pay to the people

of this state a civil penalty in a sum not exceeding one thousand

dollars for each violation and upon the failure of such registrant to

pay such penalty within twenty days after the mailing of such order,

postage prepaid, registered or certified, and addressed to the last

known place of business of such registrant, unless such order is stayed

by an order of a court of competent jurisdiction, the commissioner may

revoke the registration of such registrant or may suspend the same for

such period as he may determine. Civil penalties assessed under this

subdivision shall be paid to the commissioner for deposit into the state

treasury, and unpaid civil penalties may be recovered by the

commissioner in a civil action in the name of the commissioner.

(c) In addition, as an alternative to such civil action and provided

that no proceeding for judicial review shall then be pending and the

time for initiation of such proceeding shall have expired, the

commissioner may file with the county clerk of the county in which the

registrant is located a final order of the commissioner containing the

amount of the penalty assessed. The filing of such final order shall

have the full force and effect of a judgment duly docketed in the office

of such clerk and may be enforced in the same manner and with the same

effect as that provided by law in respect to executions issued against

property upon judgments of a court of record.

7. Registration as a dealer and as a vehicle dismantler or salvage

pool. A person may be registered as a dealer under section four hundred

fifteen of this chapter as well as a vehicle dismantler or a salvage

pool under this section. However, any such person must obtain a separate

registration for each activity and must maintain separate records for

each activity.

8. Vehicle rebuilders. (a) A vehicle rebuilder is any person engaged

in the business of acquiring damaged vehicles for the purpose of

repairing and reselling such vehicles. In order to engage in such

business, a person must be registered as a vehicle dismantler pursuant

to this section or as a dealer pursuant to section four hundred fifteen

of this chapter.

(b) A vehicle rebuilder shall maintain a record of all vehicles or

major component parts thereof coming into his possession for the purpose

of rebuilding and all major component parts used in connection with such

rebuilding in a manner prescribed by the commissioner. Upon request of

an agent of the commissioner or any police officer during his regular

and usual business hours, a vehicle rebuilder shall produce such records

and permit said agent or police officer to examine them and any vehicles

or parts of vehicles which are subject to the record keeping

requirements of this section and which are on the premises. The failure

to produce such records or to permit such records or to permit such

inspection as required by this paragraph shall be a class A misdemeanor.

9. Scrap processor. (a) A scrap processor is any person required to be

licensed under article six-C of the general business law who purchases

material which is or may have been a vehicle or vehicle part for

processing into a form other than a vehicle or vehicle part, but who,

except as otherwise provided by regulation of the commissioner, does not

sell any such material as a motor vehicle, a trailer or a major

component part thereof. No person shall engage in business or operate as

a scrap processor as defined in this paragraph unless he has given

notice to the commissioner that he is a scrap processor and that he has

complied with article six-C of the general business law, and he has been

certified by the commissioner as a scrap processor. A violation of this

paragraph shall be a class A misdemeanor.

(b) A scrap processor shall maintain a record of vehicles and a record

of major component parts by weight coming into his possession thereof in

a manner prescribed by the commissioner. This paragraph shall not apply

to any major component part included in a mixed load. Upon request of an

agent of the commissioner or any police officer or during his regular

and usual business hours, a scrap processor shall produce such records

and permit such agent or police officer to inspect them and to inspect

any vehicles or major component parts of vehicles at the time of the

delivery of such vehicles or parts to him. The failure to produce such

records or to permit such inspection as required by this paragraph shall

be a class A misdemeanor.

10. Scrap collectors and repair shops. (a) A scrap collector is any

person, other than a governmental agency, whose primary business is the

collection of miscellaneous scrap for disposal, who may as an incident

of such business collect vehicular parts as scrap. No person shall

engage in the business or operate as a scrap collector as defined in

this paragraph unless he has given notice to the commissioner that he is

a scrap collector and has been certified as a scrap collector by the

commissioner. A violation of this provision shall be a class A

misdemeanor. No person shall be certified as a scrap collector eligible

to do business within a city having a population of one million or more,

or any county contiguous to such city, unless such person complies with

all local requirements applicable to such business.

(b) If required by regulation of the commissioner, a scrap collector

shall keep records of his acquisition and disposition of vehicular scrap

in a manner prescribed by the commissioner. Upon request of an agent of

the commissioner or any police officer, a scrap collector shall produce

such records as may be required to be kept and permit said agent or

police officer to inspect them during usual business hours or while

business is being conducted. The failure to produce such records as

required by this paragraph shall be a class A misdemeanor.

(c) A repair shop registered pursuant to article twelve-A of this

chapter which disposes of vehicular scrap to a certified scrap processor

shall apply to the commissioner for certification to carry out this

disposal. The repair shop shall include in the application for

certification the names and addresses of those scrap processors with

whom it arranges for the disposal of its scrap. Thereafter the repair

shop shall give notice to the commissioner within thirty days of any

change in the scrap processors with whom it deals. The failure to comply

with this paragraph or to make fraudulent statements regarding the scrap

processors with which a repair shop arranges for the disposal of

vehicular scrap shall be a class A misdemeanor.

11. Out-of-state businesses. A person doing business in this state who

does not have a place of business in this state, but has a place of

business or engages in such business in another state or province of

Canada and who would be required to be registered or certified pursuant

to this section if it were in this state, shall apply to the

commissioner for an identification number in a manner prescribed by the

commissioner. Such identification number shall be issued provided that

such person complies with all the laws and regulations of the

jurisdiction in which he has his principal place of business or engages

in such business applicable to such business.

12. Identification of certified persons. (a) Every person who is

certified or who has been issued an identification number by the

commissioner shall display such certification or identification number

upon any vehicle used by him for the business of transporting vehicles

or parts of vehicles, in accordance with regulations prescribed by the

commissioner.

(b) It shall be a class A misdemeanor for any person required to be

registered or certified pursuant to the provisions of this section to

transport a vehicle or major component parts out of New York state

without having and displaying his registration or certification number

as provided for in this section.

13. Suspension or revocation of identification number or

certification. An identification number and/or certification issued

pursuant to subdivision eight, nine, ten or eleven of this section may

be suspended or revoked upon conviction of any provision of the penal

law relating to motor vehicle theft, illegal possession of a stolen

vehicle or illegal possession of stolen motor vehicle parts. The

commissioner may also revoke or suspend registration or certification,

after an appropriate hearing where the holder of the registration or

certification has had an opportunity to be heard, upon a finding of: (a)

that there has been a change to the holder's status which would have

resulted in a refusal to issue in the first instance, or (b) that the

issuance was based upon a false statement by the holder, or (c) that

there was a violation of the record keeping requirements, or (d) that

there was a violation of the regulations promulgated by the commissioner

pursuant to this section, or (e) that there was a violation of title X

of this chapter.

14. Restrictions on scrap processors. A certified scrap processor

shall not purchase any material which may have been a vehicle or a major

component part of a vehicle, if recognizable as such, from any person

other than a dealer registered pursuant to section four hundred fifteen

of this chapter, an insurance company, a governmental agency, a person

in whose name a certificate of title or other ownership document has

been issued for such vehicle or a person registered or certified or

issued an identification number pursuant to this section. A violation of

this subdivision shall be a class A misdemeanor.

15. Regulations. The commissioner shall prescribe such rules and

regulations as he shall deem necessary to carry out the provisions of

this section.