N.Y. Vehicle & Traffic Law § 430: Retail sale of junk and salvage vehicles

§ 430. Retail sale of junk and salvage vehicles. 1. Whenever a motor

vehicle for which a notice of acquisition is required to be filed

pursuant to section four hundred twenty-nine of this article is to be

registered for use on the public highway, the person holding the proof

of ownership for such vehicle must surrender such proof of ownership and

make application for a certificate of title. Except as otherwise

provided herein, the commissioner shall require the physical examination

of any such vehicle by a designated employee of the department before a

title will be issued. Upon a request made with such an application for

title, the commissioner may issue a temporary permit which shall be

valid for the operation of such vehicle upon the public highways of this

state, in accordance with regulations promulgated by the commissioner,

from the date of its issuance until five days after the scheduled date

of the examination for such vehicle, including the transportation of the

motor vehicle to and from the physical examination site, provided the

application is accompanied by proof of inspection and evidence of

insurance coverage satisfactory to the commissioner. Upon such

examination for identification, the employee making such examination

shall, in accordance with regulations promulgated by the commissioner,

determine whether a special vehicle identification number shall be

issued for such vehicle. A fee of one hundred fifty dollars shall be

paid to the commissioner before such examination shall be scheduled or

made. Such fee shall be forfeited if the motor vehicle is not presented

for examination as scheduled unless the appointment for such examination

has been cancelled or postponed in accordance with regulations

promulgated by the commissioner. If a special vehicle identification

number is issued after such examination, no additional fee shall be

required for such issuance.

2. The provisions of subdivision one of this section relating to

inspection for identification by an employee of the department shall not

apply to a motor vehicle which has been transferred to an insurance

company in settlement of a claim for the theft of such vehicle, provided

the following conditions are met:

(i) no major component part of the motor vehicle has been replaced

since the theft of such vehicle,

(ii) repairs made to the motor vehicle since the recovery of such

vehicle either have not exceeded one-fourth of the amount paid by the

insurance company in settlement of the claim or have not exceeded one

thousand dollars,

(iii) the vehicle identification number and all other manufacturers'

identifying numbers on the motor vehicle have been examined by the

insurance company and are intact in the same form as at the time of the

theft of such vehicle,

(iv) an affidavit sworn to by an officer of the insurance company is

submitted by the insurance company which made payment in settlement of

the claim for theft with the application for title certifying to the

above conditions, which affidavit shall also certify additional facts as

required by the commissioner relating to the theft and recovery of such

vehicle and the amount of settlement and repair costs.

3. The commissioner may, by regulation, exempt vehicles from the

physical examination required by subdivision one of this section based

upon the age of the vehicles if the commissioner deems that such

physical examination would not further the purposes of the motor vehicle

theft prevention program established by section two hundred twenty-three

of this chapter.

4. Fees; deposited. Fees assessed under this section shall be paid to

the commissioner for deposit to the general fund, with the exception of

the fifty dollar increase in the fee for scheduling an examination

pursuant to subdivision one of this section, which shall be deposited to

the dedicated highway and bridge trust fund established pursuant to

section eighty-nine-b of the state finance law and the dedicated mass

transportation fund established pursuant to section eighty-nine-c of the

state finance law and distributed according to the provisions of

subdivision (d) of section three hundred one-j of the tax law.