S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2712
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. 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
 registration, the failure to produce the certificate of registration, or

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

                                                            LBD02715-01-7

 A. 2712                             2
 
 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.