2006 New York Code - 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.