S T A T E   O F   N E W   Y O R K
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                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the impoundment of for sale motor vehicles parked on a public  highway
  with  an  improper validating sticker or the absence of a proper vali-
  dating sticker

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of section 401 of the vehicle and traffic
law, as amended by chapter 132 of the laws of 1986, is amended  to  read
as follows:
  4. Carrying certificate of registration. Any magistrate, motor vehicle
inspector,  peace  officer,  acting  pursuant  to his special duties, or
police officer may request  that  the  operator  of  any  motor  vehicle
produce  for inspection the certificate of registration for such vehicle
and such operator shall furnish to  such  magistrate,  inspector,  peace
officer  or police officer any information necessary for the identifica-
tion of such  vehicle  and  its  owner,  and  all  information  required
concerning his license to operate, if he is required by law to have such
a license, and shall, if required, sign his name in the presence of such
magistrate,  inspector,  peace  officer  or  police officer as a further
means of identification. The production of a license  to  a  magistrate,
inspector, peace officer or police officer shall be prima facie evidence
in a prosecution for a violation of any provision of this chapter, other
than  section  three hundred ninety-two of this chapter, that the person
who so produced the license is the person identified  on  such  license.
Provided,  however, that a photostatic copy of the certificate of regis-
tration may be produced in lieu of the original certificate. If a  vehi-
cle does not have affixed a validating sticker which indicates the plate
number, the vehicle identification number and the expiration date of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01036-01-3

A. 222                              2

registration, the failure to produce the certificate of registration, or
a photostatic copy of such certificate, shall be presumptive evidence of
operating a motor vehicle or trailer which is not registered as required
by  this article PROVIDED, FURTHER HOWEVER, IF SUCH VEHICLE IS MARKED BY
THE OWNER AS BEING OFFERED FOR SALE, AND SUCH CAR IS PARKED ON A  PUBLIC
HIGHWAY,  WITH  AN IMPROPER VALIDATING STICKER OR WITHOUT A PROPER VALI-
DATING STICKER, SHALL RENDER SUCH VEHICLE SUBJECT TO IMPOUNDMENT BY  THE
MAGISTRATE,  MOTOR  VEHICLE INSPECTOR, PEACE OFFICER, ACTING PURSUANT TO
HIS SPECIAL DUTIES, OR POLICE OFFICER, INSPECTING SUCH VEHICLE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.