N.Y. Vehicle & Traffic Law § 511-b: Seizure and redemption of unlawfully operated vehicles

§ 511-b. Seizure and redemption of unlawfully operated vehicles. 1.

Upon making an arrest or upon issuing a summons or an appearance ticket

for the crime of aggravated unlicensed operation of a motor vehicle in

the first or second degree committed in his presence, an officer shall

remove or arrange for the removal of the vehicle to a garage, automobile

pound, or other place of safety where it shall remain impounded, subject

to the provisions of this section if: (a) the operator is the registered

owner of the vehicle or the vehicle is not properly registered; or (b)

proof of financial security is not produced; or (c) where a person other

than the operator is the registered owner and, such person or another

properly licensed and authorized to possess and operate the vehicle is

not present. The vehicle shall be entered into the New York statewide

police information network as an impounded vehicle and the impounding

police department shall promptly notify the owner and the local

authority that the vehicle has been impounded.

2. A motor vehicle so impounded shall be in the custody of the local

authority and shall not be released unless:

(a) The person who redeems it has furnished satisfactory evidence of

registration and financial security;

(b) Payment has been made for the reasonable costs of removal and

storage of the motor vehicle. The registered owner of the vehicle shall

be responsible for such payment provided, however, that if he was not

the operator at the time of the offense he shall have a cause of action

against such operator to recover such costs. Payment prior to release of

the vehicle shall not be required in cases where the impounded vehicle

was stolen or was rented or leased pursuant to a written agreement for a

period of thirty days or less, however the operator of such a vehicle

shall be liable for the costs of removal and storage of the vehicle to

any entity rendering such service.

(c) Where the motor vehicle was operated by a person who at the time

of the offense was the owner thereof, (i) satisfactory evidence that the

registered owner or other person seeking to redeem the vehicle has a

license or privilege to operate a motor vehicle in this state, and (ii)

(A) satisfactory evidence that the criminal action founded upon the

charge of aggravated unlicensed operation of a motor vehicle has been

terminated and that any fine imposed as a result of a conviction thereon

has been paid, or (B) a certificate issued by the court in which the

criminal action was commenced ordering release of the vehicle prior to

the judgment or compliance therewith in the interest of justice, or (C)

a certificate issued by the district attorney or other officer

authorized to prosecute such charge waiving the requirement that the

vehicle be held as security for appearance before and compliance with

the judgment of the court.

3. When a vehicle seized and impounded pursuant to this section has

been in the custody of the local authority for thirty days, such

authority shall make inquiry in the manner prescribed by the

commissioner as to the name and address of the owner and any lienholder

and upon receipt of such information shall notify the owner and the

lienholder, if any, at his last known address by certified mail, return

receipt requested, that if the vehicle is not retrieved pursuant to

subdivision two of this section within thirty days from the date the

notice is given, it will be forfeited. If the vehicle was registered in

New York the last known address shall be that address on file with the

commissioner. If the vehicle was registered out-of-state or never

registered, notification shall be made in the manner prescribed by the

commissioner.

4. A motor vehicle that has been seized and not retrieved pursuant to

the foregoing provisions of this section shall be forfeited to the local

authority upon expiration of the period of the notice set forth in

subdivision three of this section provided, however, in computing such

period, the period of time during which a criminal prosecution is or was

pending against the owner for a violation of this section shall be

excluded. A proceeding to decree such forfeiture and to recover towing

and storage costs, if any, to the extent such costs exceed the fair

market value of the vehicle may be brought by the local authority in the

court in which the criminal action for aggravated unlicensed operation

of a motor vehicle was commenced by petition for an order decreeing

forfeiture of the motor vehicle accompanied by an affidavit attesting to

facts showing that forfeiture is warranted. If the identity and address

of the owner and/or lienholder is known to the local authority, ten days

notice shall be given to such party, who shall have an opportunity to

appear and be heard prior to entry of an order decreeing forfeiture.

Where the court is satisfied that forfeiture of a motor vehicle is

warranted in accordance with this section, it shall enter an order

decreeing forfeiture of such vehicle. Provided, however, that the court

at any time prior to entry of such an order may authorize release of the

vehicle in accordance with subdivision two of this section upon a

showing of good cause for failure to retrieve same prior to commencement

of the proceeding to decree forfeiture, but if the court orders release

of the motor vehicle as herein provided and the vehicle is not redeemed

within ten days from the date of such order, the vehicle shall be deemed

to have been abandoned and the court upon application of the local

authority must enter an order decreeing its forfeiture.

5. A motor vehicle forfeited in accordance with the provisions of this

section shall be and become the property of the local authority, subject

however to any lien that was recorded prior to the seizure.

6. For the purposes of this section, the term "local authority" means

the municipality in which the motor vehicle was seized; except that if

the motor vehicle was seized on property of the New York state thruway

authority or property under the jurisdiction of the office of parks,

recreation and historic preservation, the department of transportation,

or a public authority or commission, the term "local authority" means

such authority, office, department, or commission. A county may provide

by local law that the county may act as the agent for a local authority

under this section.

7. When a vehicle has been seized and impounded pursuant to this

section, the local authority or any person having custody of the vehicle

shall make the vehicle available or grant access to it to any owner or

any person designated or authorized by such owner for the purpose of (i)

taking possession of any personal property found within the vehicle and

(ii) obtaining proof of registration, financial security, title or

documentation in support thereof.