BILL NUMBER: S1023

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to abandoned
vehicles

 
PURPOSE:

Allow for abandoned vehicles to be removed off City of New York roads.

 
SUMMARY OF PROVISIONS:

Section 1224(2) of the VTL currently provides that ownership of a vehi-
cle deemed abandoned on any roadway shall immediately vest in the local
authority having jurisdiction over the roadway if, among other criteria,
the wholesale value of the vehicle, based on its physical condition at
the time of abandonment, is $1,250 or less.

Section 1 amends Section 1224(2) of the VTL by increasing the threshold
under which ownership of an abandoned vehicle immediately vests in the
              

local authority from $1,250 to $3,000.

Section 2 makes the enactment date 180th day after it shall become a
law.

 
JUSTIFICATION:

The New York City Department of Sanitation (the "Department") is respon-
sible for the removal of unlawfully abandoned vehicles from streets and
other public areas in New York City. The commercial value of these vehi-
cles, commonly referred to as "derelicts" or "hulks", is marginal, often
the result of scavenging and vandalism.

The Department manages and oversees the expedient removal of unlawfully
abandoned vehicles from City roadways and public areas through its Dere-
lict Vehicle Operations ("DVO") Program and through the Department's
new, joint DSNY NYPD Citywide Abandoned Vehicle Taskforce, which enables
both agencies to increase abandoned vehicle, operations. Vehicles
subject to the DVO Program must meet both statutory requirements under
VTL § 1224(1), which includes-the requirement that the vehicle display
substantial interior or exterior damage. The Department's uniformed
field personnel and enforcement officers identify the worst, and poten-
tially dangerous, derelict vehicles based on specific criteria developed
by the Department as to the vehicle's physical condition. This set of
criteria allows Department personnel to reasonably approximate the
wholesale value set forth under VTL § 1224(2). Upon determining that the
vehicle is derelict, the vehicle is tagged and subsequently removed by a
towing contractor, who arranges for the recycling or proper disposal of
the abandoned vehicle. Consistent with VTL § 1224(2), the Department
will not arrange for a vehicle without plates to be towed if the Depart-
ment determines the vehicle is worth more than $1,250. Vehicles deter-
mined to be worth more than $1,250 are removed by the New York City
Police Department under its Rotation Towing Program.

Since its DVO Program was created, the Department has updated and
improved many of its methods and operational procedures for managing
abandoned vehicles through utilization of advanced communications tech-
nology, agency personnel training, coordinated. City and State agency
efforts, and successful legislative reform. The wholesale value of the
abandoned vehicle under VU § 1224(2), however, has only been increased
four times since the State's abandoned vehicle legislation was enhanced
by Chapter 829 of the Laws of 1969. In 1969, the wholesale value was
fixed at $100. The last change to the statutory wholesale value of an
abandoned vehicle occurred in 2002 - over twenty years ago -when the
wholesale value was increased from $750 to $1,250.

Today, many physical components of hulk vehicles left abandoned, such as
tires and hood ornaments and certain vehicle parts, are worth more than
$1,250. Accordingly, this legislation which increases the wholesale
value of an abandoned vehicle from $1,250 to $3,000 is long overdue and
necessary to reflect the current market value of vehicles and their
components, and to keep pace with inflation.

 
PRIOR LEGISLATIVE HISTORY:

2024 - S. 8726B - PASSED SENATE/ A. 9521-A (Williams) - reported
referred to rules

 
STATE AND LOCAL FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take 180 days after it shall have become a law.