S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    759
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT to amend the vehicle and traffic law, the criminal procedure law
   and the administrative code of the city of New York,  in  relation  to
   improving enforcement of violations related to license plates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "ghostbus-
 ter act".
   §  2.  Subdivision 2 of section 238 of the vehicle and traffic law, as
 amended by chapter 224 of the laws  of  1995,  is  amended  to  read  as
 follows:
   2.  A notice of violation shall be served personally upon the operator
 of a motor vehicle who is present at the time of service, and [his] SUCH
 OPERATOR'S name, together with the plate designation and the plate  type
 as  shown  by the registration plates of said vehicle [and], the expira-
 tion date AND THE VEHICLE IDENTIFICATION NUMBER; the make or model[, and
 body type] of said vehicle; a  description  of  the  charged  violation,
 including  but not limited to a reference to the applicable traffic rule
 or provision of this chapter; information as to the days and  hours  the
 applicable rule or provision of this chapter is in effect, unless always
 in  effect  pursuant  to  rule or this chapter and where appropriate the
 word ALL when the days and/or hours in effect are everyday and/or  twen-
 ty-four  hours  a  day;  the  meter  number for a meter violation, where
 appropriate; and the date, time and particular place  of  occurrence  of
 the  charged  violation,  shall be inserted therein. A mere listing of a
 meter number in cases of charged meter violations shall not be deemed to
 constitute a sufficient description of a particular place of  occurrence
 for  purposes  of  this  subdivision.  The  notice of violation shall be
 served upon the owner of the motor vehicle if the operator is not  pres-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01425-02-5
 A. 759                              2
 
 ent,  by  affixing  such  notice to said vehicle in a conspicuous place.
 Whenever such notice is so affixed, in lieu of inserting the name of the
 person charged with the violation in the space provided  for  the  iden-
 tification  of  said  person,  the  words  "owner of the vehicle bearing
 license" may be inserted to be followed by  the  plate  designation  and
 plate  type as shown by the registration plates of said vehicle together
 with the expiration date AND THE VEHICLE IDENTIFICATION NUMBER; the make
 or model[, and body type] of said vehicle; a description of the  charged
 violation,  including  but  not limited to a reference to the applicable
 traffic rule or provision of this chapter; information as  to  the  days
 and  hours the applicable rule or provision of this chapter is in effect
 unless always in effect pursuant to  rule  or  this  chapter  and  where
 appropriate  the word ALL when the days and/or hours in effect are every
 day and/or twenty-four hours  a  day;  the  meter  number  for  a  meter
 violation  where appropriate; and the date, time and particular place of
 occurrence  of  the  charged  violation.    Service  of  the  notice  of
 violation, or a duplicate thereof by affixation as herein provided shall
 have  the  same force and effect and shall be subject to the same penal-
 ties for disregard thereof as though the same was personally served with
 the name of the person charged with the violation inserted therein.
   § 3. Paragraph (a) of subdivision 2-a of section 238  of  the  vehicle
 and traffic law, as added by chapter 224 of the laws of 1995, is amended
 to read as follows:
   (a)  Notwithstanding  any inconsistent provision of subdivision two of
 this section, where the plate type or the expiration date are not  shown
 on  either  the registration plates or sticker of a vehicle or where the
 registration sticker is covered, faded, defaced or mutilated so that  it
 is  unreadable, OR WHERE THE VEHICLE IDENTIFICATION NUMBER IS DESTROYED,
 COVERED, DEFACED, ALTERED OR OTHERWISE CHANGED IN VIOLATION  OF  SECTION
 170.65 OF THE PENAL LAW, OR WHERE THE AUTHENTICITY CANNOT BE VERIFIED BY
 A SEARCH OF THE LICENSE PLATE DATABASE, the plate type or the expiration
 date  OR VEHICLE IDENTIFICATION NUMBER may be omitted from the notice of
 violation; provided, however, such condition must be  so  described  and
 inserted on the notice of violation.
   §  4.  Subdivisions  3 and 4 of section 402 of the vehicle and traffic
 law are amended and a new subdivision 9 is added to read as follows:
   3. No person shall operate [or], drive OR PARK a motor vehicle drawing
 a trailer on the public highways of the state, unless such trailer shall
 have a distinctive number assigned to  it  by  the  commissioner  and  a
 number  plate issued by such commissioner with a number corresponding to
 that of the certificate of registration displayed and  fastened  on  the
 rear  in  the  manner  provided for number plates on the rear of a motor
 vehicle. The provisions of subdivision two of this section  relating  to
 number  plates  for  motor vehicles shall apply to number plates for any
 such trailer.  The provisions of this subdivision shall not apply when a
 newly constructed trailer is being drawn to or from a  weighing  station
 solely for the purpose of determining the weight thereof.
   4.  No  person  shall operate [or], drive OR PARK a motor vehicle upon
 the public highways of this state having displayed thereon number plates
 not proper for such vehicle under the provisions of  this  chapter  and,
 upon  a  conviction for this offense, the number plates shall be surren-
 dered to the court for delivery to  the  commissioner.  The  failure  to
 produce  the certificate of registration or registration renewal stub of
 a vehicle, OR A VEHICLE BEARING TEMPORARY  REGISTRATION  OR  INDICIA  OF
 REGISTRATION  ISSUED  BY  A FOREIGN COUNTRY, STATE, TERRITORY OR FEDERAL
 DISTRICT, OR AN AGENT THEREOF, shall be presumptive evidence of display-
 A. 759                              3
 
 ing number plates not proper for the vehicle. Every annual number  plate
 issued  shall  remain the property of the state until the correct regis-
 tration fee is paid. Every number plate of a permanent  nature  for  use
 with a removable date tag which shall be issued shall remain the proper-
 ty  of  the state unless and until the commissioner finds that the state
 no longer has use for it. Number plates belonging to the state shall  be
 under the control of the commissioner.
   9.  (A) IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION EIGHT OF
 THIS SECTION, WHENEVER ANY POLICE OFFICER, OR IN A CITY HAVING  A  POPU-
 LATION IN EXCESS OF ONE MILLION ANY PERSON DESIGNATED BY THE COMMISSION-
 ER OF TRAFFIC OF SUCH CITY, OR ON HIGHWAYS UNDER THE JURISDICTION OF THE
 NEW  YORK STATE THRUWAY AUTHORITY, THE OFFICE OF PARKS AND RECREATION, A
 COUNTY PARK COMMISSION, A PARKWAY AUTHORITY, A  BRIDGE  AUTHORITY  OR  A
 BRIDGE  AND  TUNNEL  AUTHORITY  ANY  PERSON  DESIGNATED  BY SUCH OFFICE,
 COMMISSION OR AUTHORITY, FINDS A VEHICLE WHICH IS IN  VIOLATION  OF  THE
 PROVISIONS  OF THIS SECTION SUCH OFFICER IS HEREBY AUTHORIZED TO PROVIDE
 FOR THE REMOVAL OF SUCH VEHICLE, SEMITRAILER OR  TRAILER  TO  A  GARAGE,
 AUTOMOBILE  POUND  OR  OTHER  PLACE OF SAFETY, OR TO ATTACH A MECHANICAL
 DEVICE TO THE WHEEL OR TIRE OF SUCH VEHICLE TO PREVENT ITS USUAL  MANNER
 OF MOVEMENT PROVIDED THAT SUCH ACT IS DONE BY A PERSON LICENSED TO DO SO
 IN ACCORDANCE WITH ANY OTHER APPLICABLE PROVISION OF LAW.
   (B)  THE  OWNER OR OTHER PERSON LAWFULLY ENTITLED TO THE POSSESSION OF
 SUCH VEHICLE MAY BE CHARGED WITH ANY REASONABLE COSTS INCLUDING  REMOVAL
 AND STORAGE, PAYABLE BEFORE THE VEHICLE IS RELEASED.
   §  5.  The subdivision heading and paragraph (a) of subdivision 4-h of
 section 510 of the vehicle and traffic law, as added  by  section  5  of
 subpart  A  of part WW of chapter 56 of the laws of 2024, are amended to
 read as follows:
   Suspension of registration for covering license plates with a  license
 plate  cover  or material appearing to be a number plate [or], obscuring
 license plates with any material or substance,  DISPLAYING  AN  IMPROPER
 PLATE OR FORGERY OF A VEHICLE IDENTIFICATION NUMBER. (a) Upon receipt of
 a  notification from a court or an administrative tribunal that an owner
 of a motor vehicle has been convicted three or more times within a peri-
 od of five years of a violation of PARAGRAPH (A) OR  subparagraph  (ii),
 (ii-a)  or  (iii)  of  paragraph  (b) of subdivision one of section four
 hundred two of this chapter OR SECTION 170.65  OF  THE  PENAL  LAW,  not
 arising out of the same incident, the commissioner or the commissioner's
 agent may suspend the registration of the motor vehicle involved in such
 violation  for  a  period  of  ninety days. The commissioner may, in the
 commissioner's discretion, deny a registration or renewal application to
 any other person for the same vehicle and may  deny  a  registration  or
 renewal  application  for any other motor vehicle registered in the name
 of the applicant where the commissioner has determined that such  regis-
 trant's  intent  has  been  to  evade the purposes of this paragraph and
 where the commissioner has  reasonable  grounds  to  believe  that  such
 registration  or  renewal will have the effect of defeating the purposes
 of this paragraph. Such denial shall remain in effect only  as  long  as
 the suspension entered pursuant to this paragraph remains in effect.
   § 6. Section 402-b of the vehicle and traffic law, as added by section
 4  of subpart A of part WW of chapter 56 of the laws of 2024, is amended
 to read as follows:
   § 402-b. Obscured and obstructed license plates OR VEHICLE IDENTIFICA-
 TION NUMBERS. 1.  If any vehicle is driven [or], operated OR PARKED on a
 public highway in violation of subparagraph (ii), (ii-a),  or  (iii)  of
 paragraph  (b)  of  subdivision  one of section four hundred two of this
 A. 759                              4
 
 article, OR SECTION 170.65 OF THE PENAL LAW, and is committed  in  their
 presence, a police officer, as defined in section one hundred thirty-two
 of  this  chapter,  shall  be  authorized to take such actions as may be
 required or permitted by the provisions of this section.
   2.  If  the  vehicle  is  being  driven  [or],  operated  OR PARKED in
 violation of subparagraph (ii), (ii-a) or  (iii)  of  paragraph  (b)  of
 subdivision  one of section four hundred two of this article, OR SECTION
 170.65 OF THE PENAL LAW, such officer shall issue a summons[,  provided,
 however, that a summons shall not be issued if, in the discretion and at
 the  request of such officer, the defect is corrected in the presence of
 such officer. The refusal of a police officer to permit  the  repair  of
 any defect in their presence shall not be reviewable, and shall not be a
 defense  to  any  violation  charged in a summons issued pursuant to the
 provisions of this  section]  AND  CONFISCATE  ANY  INSTRUMENT  USED  IN
 CONNECTION  WITH  THE VIOLATION. A VEHICLE BEARING A TEMPORARY REGISTRA-
 TION OR INDICIA OF A REGISTRATION ISSUED BY A  FOREIGN  COUNTRY,  STATE,
 TERRITORY OR FEDERAL DISTRICT, OR BY AN AGENT THEREOF, SHALL BE PRESUMP-
 TIVE  EVIDENCE OF A VIOLATION. SUCH SUMMONS SHALL BE ISSUED IRRESPECTIVE
 OF ANY CORRECTION OF THE DEFECT IN THE PRESENCE OF THE OFFICER.
   3. Any complaint issued for any violation of subparagraph (ii), (ii-a)
 or (iii) of paragraph (b) of subdivision one of section four hundred two
 of this article may be dismissed by the court before which  the  summons
 is  returnable if the violation as set forth in the summons is corrected
 not later than one-half hour after sunset on the first full business day
 after the issuance of the  summons  and  proof  of  such  correction  is
 submitted  to  the court or administrative tribunal. For the purposes of
 this subdivision, "business day" shall  mean  any  calendar  day  except
 Saturday and Sunday, or the following business holidays: New Year's Day,
 Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colum-
 bus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
   §  7.  Paragraph  (b) of subdivision 1 of section 1.20 of the criminal
 procedure law, as added by chapter 450 of the laws of 2019,  is  amended
 to read as follows:
   (b) an appearance ticket issued for a parking infraction when (i) such
 ticket  is  based on personal knowledge or information and belief of the
 police officer or other public servant who issues the ticket,  (ii)  the
 police  officer  or other public servant who issues such ticket verifies
 that false statements made therein are punishable as a class A misdemea-
 nor, (iii) the infraction or infractions contained therein are stated in
 detail and not in conclusory terms so as to provide the  defendant  with
 sufficient   notice  including,  but  not  limited,  to  the  applicable
 provision of law allegedly violated, and the date, time  and  particular
 place  of the alleged infraction, and (iv) such ticket contains: (1) the
 license plate designation of the ticketed vehicle, (2) the license plate
 type of the ticketed vehicle, (3) the expiration of the  ticketed  vehi-
 cle's  registration,  (4) the make or model of the ticketed vehicle, and
 (5) the [body type] VEHICLE IDENTIFICATION NUMBER of the ticketed  vehi-
 cle, provided, however, that where the plate type or the expiration date
 are  not shown on either the registration plates or sticker of a vehicle
 or where the registration sticker OR VEHICLE  IDENTIFICATION  NUMBER  is
 covered, faded, defaced or mutilated so that it is unreadable, the plate
 type  [or], the expiration date OR THE VEHICLE IDENTIFICATION NUMBER may
 be omitted, provided, further, however, that such condition must  be  so
 described and inserted on the instrument.
   § 8. Section 422 of the vehicle and traffic law, as amended by chapter
 726 of the laws of 1983, is amended to read as follows:
 A. 759                              5
 
   § 422. Special  vehicle identification numbers. The commissioner [may]
 SHALL, by regulation, provide for the  issuance  of  a  special  vehicle
 identification  number.  Such regulations shall be applicable whenever a
 special vehicle identification number is required by  any  provision  of
 law.  With respect to a vehicle part for which an inspection is required
 pursuant to subdivision two of section four  hundred  twenty-three-a  of
 this  chapter,  a special identification number may consist of a distin-
 guishing mark. Such  special  vehicle  identification  number  shall  be
 [affixed]  ENGRAVED  only  by  or under the direction of a member of the
 department of motor vehicles who has  the  powers  of  a  peace  officer
 pursuant to section three hundred ninety-two-b of this chapter. A fee of
 twenty-five dollars shall be paid to the commissioner before such number
 shall  be issued, except that no fee shall be required of a governmental
 agency.
   § 9. Subdivision 1 of section 431 of the vehicle and traffic  law,  as
 amended  by  chapter  692  of  the  laws  of 1979, is amended to read as
 follows:
   1. Every manufacturer or assembler of a vehicle  sold  in  this  state
 shall  [provide  such  vehicle  with]  ENGRAVE  a vehicle identification
 number ON EACH VEHICLE and, upon  request  of  the  commissioner,  shall
 inform  [him]  SUCH COMMISSIONER concerning the location or locations of
 every vehicle identification number and  other  identifying  numbers  on
 such vehicle. The commissioner may refuse to register or issue a certif-
 icate  of  title  for  a vehicle made by a manufacturer or assembler who
 fails to comply with this section.
   § 10. Subdivision 2 of section 420-a of the vehicle and  traffic  law,
 as  amended  by section 1-b of part A of chapter 63 of the laws of 2005,
 is amended to read as follows:
   2. A qualified dealer may obtain temporary registrations to be  issued
 in  accordance  with  the  provisions of this section by applying to the
 commissioner and paying a fee of five dollars for  each  such  temporary
 registration.  The commissioner may limit the number of temporary regis-
 trations given to a dealer at any one time or  the  number  of  unissued
 temporary  registrations  in the possession of a dealer at one time. THE
 COMMISSIONER SHALL ISSUE A TEMPORARY REGISTRATION TO A DEALER IN ANOTHER
 STATE IN SUCH MANNER AS THE COMMISSIONER SHALL PRESCRIBE.
   § 11. Paragraph (a) of subdivision 1 of section 1224  of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 795 of the laws of 1974, is
 amended to read as follows:
   (a) with no number plates affixed thereto[, for more than  six  hours]
 on any highway or other public place;
   §  12.  The vehicle and traffic law is amended by adding a new section
 2130-a to read as follows:
   § 2130-A. (A) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
 SHALL SELL, OFFER FOR SALE OR PROCESS  A  TRANSACTION  FOR  ANY  VEHICLE
 CERTIFICATE  OF  ORIGIN  OR  ANY  CERTIFICATE OF TITLE, INCLUDING VIA AN
 ONLINE PLATFORM, IN VIOLATION OF THIS SECTION.
   (B) WHENEVER THERE SHALL BE A VIOLATION OF THIS  SECTION,  APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION AND UPON NOTICE TO  THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION OR TO ENFORCE THE PROVISIONS OF THIS SECTION; AND IF IT  SHALL
 APPEAR  TO  THE  SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
 HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH
 COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
 A. 759                              6
 
 OUT REQUIRING PROOF THAT ANY  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR
 DAMAGED  THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF
 THIS SECTION HAS OCCURRED THE COURT MAY IMPOSE A CIVIL  PENALTY  OF  NOT
 MORE  THAN  FIVE  HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH
 ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO
 TAKE  PROOF  AND  MAKE  A  DETERMINATION OF THE RELEVANT FACTS AND ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 13. The vehicle and traffic law is amended by adding a  new  section
 402-c to read as follows:
   § 402-C. NOTICE ON SALE OF TEMPORARY LICENSE PLATES. ANY PERSON, FIRM,
 PARTNERSHIP,  ASSOCIATION  OR CORPORATION WHICH DISTRIBUTES OR SELLS, OR
 OFFERS TO DISTRIBUTE OR SELL, TEMPORARY LICENSE PLATES OR  TAGS  OF  ANY
 OTHER  STATE,  DISTRICT  OR  TERRITORY,  OR OF ANY FOREIGN COUNTRY, OR A
 REPRODUCTION THEREOF, TO ANY RESIDENT OF THIS STATE,  INCLUDING  THROUGH
 AN  ONLINE  PLATFORM, SHALL PROVIDE A WRITTEN NOTICE STATING, "NOT LEGAL
 FOR USE IN THE STATE OF NEW YORK. A MOTOR VEHICLE BEARING  THIS  LICENSE
 PLATE  OR  TAG IN NEW YORK STATE MAY BE SUBJECT TO BOOTING OR IMPOUNDING
 AT OWNER'S EXPENSE."
   § 14. Subdivision d of section 19-169.2 of the administrative code  of
 the city of New York, as added by local law number 24 of the city of New
 York for the year 1995, is amended to read as follows:
   d.  In addition to the provisions of subdivision c of this section, no
 motor vehicle may be booted (1) unless such vehicle: (I)  is  unlawfully
 parked,  (II)  HAS  OBSCURED  OR  OBSTRUCTED  LICENSE PLATES OR DISPLAYS
 NUMBER PLATES NOT PROPER FOR SUCH VEHICLE IN VIOLATION OF SECTION 402 OF
 THE VEHICLE AND TRAFFIC LAW, (III) THE VEHICLE IDENTIFICATION NUMBER  IS
 DESTROYED,  COVERED,  DEFACED, ALTERED OR OTHERWISE CHANGED IN VIOLATION
 OF SECTION 170.65 OF THE PENAL LAW, OR (IV) IS AN ABANDONED  VEHICLE  AS
 DEFINED  BY  SECTION 1224 OF THE VEHICLE AND TRAFFIC LAW; (2) where such
 vehicle is occupied by any person or live animal; (3) when such  vehicle
 is  parked  on the roadway side of a vehicle stopped, standing or parked
 at the curb; (4) where such vehicle is parked in  a  fire  lane,  or  in
 front  of  or immediately adjacent to a fire hydrant, fire connection or
 building emergency exit; (5) unless the express written authorization of
 the owner of a  private  driveway  blocked  by  such  vehicle  has  been
 obtained,  which authorization includes the location, make, model, color
 and license plate number of such vehicle; (6)  if  such  vehicle  is  an
 ambulance,  correction  vehicle,  police  vehicle,  fire  vehicle, civil
 defense emergency vehicle, emergency ambulance service vehicle, environ-
 mental emergency response vehicle, sanitation patrol vehicle,  hazardous
 materials  emergency  vehicle,  ordnance  disposal  vehicle of the armed
 forces of the United States; and (7) where such vehicle bears a  special
 vehicle  identification  parking  permit  issued  in accordance with the
 provisions of paragraph 15 of subdivision a of section 2903 of  the  New
 York city charter or issued in accordance with the provisions of section
 1203-a  of  the  vehicle  and traffic law, or "MD" New York registration
 plates.
   § 15. Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part  of  this act shall be adjudged by a court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to the clause, sentence, paragraph, subdivision,  section  or
 part thereof  directly  involved  in   the   controversy in  which  such
 judgment  shall  have  been  rendered.  It  is hereby declared to be the
 intent of  the legislature  that  this act would have been enacted  even
 if such invalid  provisions had not been included herein.
 A. 759                              7
 
   §  16.  This act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that sections two and three  shall
 take  effect  one year after they shall have become a law; and provided,
 further, that sections eight and nine of  this  act  shall  take  effect
 three years after they shall have become a law.