2006 New York Code - 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  possession  together  with  a record of the
  disposition of any such motor vehicle, trailer or part thereof and shall
  maintain proof of ownership for any  motor  vehicle,  trailer  or  major
  component part thereof while in his possession. For the purposes of this
  article  an inflatable restraint system 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 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.  Upon request of any agent of the commissioner and during  his
  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.
    (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.
    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,
  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.