S T A T E O F N E W Y O R K
________________________________________________________________________
9785
I N A S S E M B L Y
April 8, 2016
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to repossession
of motor vehicle or motorcycle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 425 of the vehicle and traffic
law, as amended by chapter 81 of the laws of 1968, is amended to read as
follows:
1. Any person, firm or corporation, or agent, employee or represen-
tative thereof, repossessing or retaking a motor vehicle or motorcycle
pursuant to the provisions of article nine of the uniform commercial
code, or other authority of law, or any contract or agreement, shall,
immediately following such repossession or retaking, personally appear
at a station house or other office of the police department, or agency
or officer performing like functions, in the locality wherein such
repossession or retaking occurred, give notice to such department, agen-
cy or officer of such repossession or retaking and thereafter and within
[twenty-four hours] TEN DAYS personally deliver or mail by [special
delivery] first class mail to the nearest motor vehicle [district]
office, (a) notice of such repossession or retaking in such form as the
commissioner may require and (b) the number plates of such motor vehicle
or motorcycle. Notice of such repossession or retaking, including the
name and address of the person, firm or corporation repossessing or
retaking the same, shall also be given within twenty-four hours thereof
to the owner of such motor vehicle or motorcycle, either personally or
by registered or certified mail directed to such owner at his last-known
address OR BY PHONE, E-MAIL OR TEXT MESSAGE PROVIDED THAT NOTICE IS ALSO
GIVEN BY FIRST CLASS MAIL. Unless the motor vehicle or motorcycle can
be repossessed or retaken without breach of the peace, it shall be
repossessed or retaken by legal process, but nothing herein contained
shall be construed to authorize a violation of the criminal law.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08490-01-5
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