2006 New York Code - Violations For Operating Without A License; Seizure; Forfeiture.

 
    §  20-522.1  Violations  for  operating  without  a  license; seizure;
  forfeiture. a. 1. For purposes of this section, the term  "owner"  shall
  mean  an  owner  as  defined  in section one hundred twenty-eight and in
  subdivision three of section three hundred eighty-eight of  the  vehicle
  and traffic law.
    2.  For  purposes  of this section, the term "security interest" shall
  mean a security interest as defined in  subdivision  k  of  section  two
  thousand one hundred one of the vehicle and traffic law.
    b.  Any  police  officer  or  authorized  officer  or  employee of the
  department, upon service upon the owner or operator of a tow truck of  a
  notice  of violation for engaging in any activity for which a license is
  required pursuant to subdivision a of section 20-496 of this  subchapter
  without such license, may seize a tow truck which such police officer or
  authorized  officer or employee has reasonable cause to believe is being
  used in connection with such a violation. Any vehicle seized pursuant to
  this subdivision shall be delivered into the custody of  the  department
  or  other  appropriate  agency. The commissioner shall hold a hearing to
  adjudicate the violation underlying the  seizure  within  five  business
  days after the date of seizure and shall render his or her determination
  within three business days after the conclusion of the hearing.
    c.  An  owner  shall be eligible to obtain release of a vehicle seized
  pursuant to subdivision b of this section prior to the hearing  provided
  for  in such subdivision, where such owner has not previously been found
  liable for a violation for engaging in any activity for which a  license
  is  required  pursuant  to  subdivision  a  of  section  20-496  of this
  subchapter without such license, which violation was committed within  a
  five-year  period  prior  to  the  violation  resulting  in seizure. The
  vehicle shall be released to an eligible owner upon the  posting  of  an
  all  cash  bond  in a form satisfactory to the commissioner in an amount
  sufficient to cover the maximum fines or civil penalties  which  may  be
  imposed  for  the  violation  underlying  the seizure and all reasonable
  costs for removal and storage of such vehicle.
    d.  Where  the  commissioner,  after  adjudication  of  the  violation
  underlying  the  seizure,  finds  that  the vehicle has not been used in
  connection with engaging in any activity for which a license is required
  pursuant to subdivision a of section 20-496 of this  subchapter  without
  such  license,  the  department shall promptly release such vehicle upon
  written demand of its owner.
    e.   Where the  commissioner,  after  adjudication  of  the  violation
  underlying  the  seizure,  finds  that  the  vehicle  has  been  used in
  connection with engaging in any activity for which a license is required
  pursuant to subdivision a of section 20-496 of this  subchapter  without
  such  license,  then:  (i)  if  the vehicle is not subject to forfeiture
  pursuant to  paragraph  one  of  subdivision  g  of  this  section,  the
  department  shall  release  such vehicle to an owner upon payment of all
  applicable fines and civil penalties and all reasonable costs of removal
  and storage; or (ii) if the vehicle is subject to forfeiture pursuant to
  paragraph one of subdivision g  of  this  section,  the  department  may
  release  such  vehicle  to an owner upon payment of all applicable fines
  and civil penalties and all reasonable costs of removal and storage,  or
  may  commence  a  forfeiture  action  within  ten days after the owner's
  written demand for such vehicle.
    f. Any vehicle that has not been claimed by the owner within ten  days
  after  adjudication  by the commissioner of the violation underlying the
  seizure shall be deemed by the department to be abandoned. Such  vehicle
  shall  be  disposed  of  by  the  department  pursuant to section twelve
  hundred twenty-four of the vehicle and traffic law.


    g. 1. In addition to any other fine, penalty or sanction provided  for
  in section 20-522 of this code, a vehicle seized pursuant to subdivision
  b  of  this section, and all rights, title and interest therein shall be
  subject to forfeiture to the city upon notice and judicial determination
  thereof  if the owner of such vehicle has been found liable at least two
  times for using a vehicle in connection with engaging  in  any  activity
  for  which  a  license  is required pursuant to subdivision a of section
  20-496 of this subchapter without such license, both of which violations
  were committed within a five-year period.
    2. A forfeiture action which is commenced pursuant to this subdivision
  shall be commenced by the filing of a summons with notice or  a  summons
  and  complaint in accordance with the civil practice law and rules. Such
  summons with notice or a  summons  and  complaint  shall  be  served  in
  accordance  with  the  civil practice law and rules on all owners of the
  subject vehicle listed in the records maintained by  the  department  of
  motor vehicles, or for vehicles not registered in New York state, in the
  records  maintained by the state of registration. A vehicle which is the
  subject of such action shall remain in the custody of the department  or
  other   appropriate  agency  pending  the  final  determination  of  the
  forfeiture action.
    3. Notice of the institution of the forfeiture action shall  be  given
  by  first  class mail to all persons holding a security interest in such
  vehicle which security interest has been filed with  the  department  of
  motor  vehicles  pursuant  to the provisions of title ten of the vehicle
  and traffic law, at the  address  set  forth  in  the  records  of  such
  department,  or  for  vehicles  not  registered  in  New York state, all
  persons who hold a security interest  in  such  vehicle  which  security
  interest  has  been  filed  with  such  state  of registration and which
  persons are made known by such state to the department, at  the  address
  provided by such state of registration.
    4.  Any  owner  who receives notice of the institution of a forfeiture
  action who claims an interest in the vehicle subject to  forfeiture  may
  assert  a  claim  in  such  action  for  the  recovery of the vehicle or
  satisfaction of the owner's interest in such vehicle. Any person with  a
  security interest in such vehicle who receives notice of the institution
  of  the forfeiture action who claims an interest in such vehicle subject
  to forfeiture may assert a claim in such action for satisfaction of such
  person's security interest in such vehicle.
    5. Forfeiture pursuant to this subdivision shall be  made  subject  to
  the  interest of a person who claims an interest in the vehicle pursuant
  to paragraph four of this subdivision,  where  such  person  establishes
  that:  (i) the use of the vehicle for the conduct that was the basis for
  seizure of the vehicle occurred without the knowledge of such person, or
  if such person had knowledge of such  use,  that  such  person  did  not
  consent to such use by doing all that could reasonably have been done to
  prevent  such  use,  and  that such person did not knowingly obtain such
  interest in the vehicle  in  order  to  avoid  the  forfeiture  of  such
  vehicle;  or  (ii)  that the conduct that was the basis for such seizure
  was committed by any person other than such person claiming an  interest
  in the vehicle, while such vehicle was unlawfully in the possession of a
  person who acquired possession thereof in violation of the criminal laws
  of the United States or any state.
    6.  The  department  or  agency  having  custody of the vehicle, after
  judicial determination of forfeiture, shall, at its discretion,  either:
  (i)  retain  such  vehicle  for the official use of the city or; (ii) by
  public notice of at least five days,  sell  such  forfeited  vehicle  at
  public  sale.  The  net proceeds of any such sale shall be paid into the
  general fund of the city.


    7. In any forfeiture action commenced pursuant  to  this  subdivision,
  where  the  court  awards  a  sum  of  money  to  one or more persons in
  satisfaction of such  person  or  persons'  interest  in  the  forfeited
  vehicle,  the total amount awarded to satisfy such interest or interests
  shall  not  exceed  the  amount  of  the net proceeds of the sale of the
  forfeited vehicle after deductions of the lawful  expenses  incurred  by
  the  city,  including the reasonable costs of removal and storage of the
  vehicle between the time of seizure and the date of sale.