§ 430. Retail sale of junk and salvage vehicles. 1. Whenever a motor
vehicle for which a notice of acquisition is required to be filed
pursuant to section four hundred twenty-nine of this article is to be
registered for use on the public highway, the person holding the proof
of ownership for such vehicle must surrender such proof of ownership and
make application for a certificate of title. Except as otherwise
provided herein, the commissioner shall require the physical examination
of any such vehicle by a designated employee of the department before a
title will be issued. Upon a request made with such an application for
title, the commissioner may issue a temporary permit which shall be
valid for the operation of such vehicle upon the public highways of this
state, in accordance with regulations promulgated by the commissioner,
from the date of its issuance until five days after the scheduled date
of the examination for such vehicle, including the transportation of the
motor vehicle to and from the physical examination site, provided the
application is accompanied by proof of inspection and evidence of
insurance coverage satisfactory to the commissioner. Upon such
examination for identification, the employee making such examination
shall, in accordance with regulations promulgated by the commissioner,
determine whether a special vehicle identification number shall be
issued for such vehicle. A fee of one hundred fifty dollars shall be
paid to the commissioner before such examination shall be scheduled or
made. Such fee shall be forfeited if the motor vehicle is not presented
for examination as scheduled unless the appointment for such examination
has been cancelled or postponed in accordance with regulations
promulgated by the commissioner. If a special vehicle identification
number is issued after such examination, no additional fee shall be
required for such issuance.

2. The provisions of subdivision one of this section relating to
inspection for identification by an employee of the department shall not
apply to a motor vehicle which has been transferred to an insurance
company in settlement of a claim for the theft of such vehicle, provided
the following conditions are met:

(i) no major component part of the motor vehicle has been replaced
since the theft of such vehicle,

(ii) repairs made to the motor vehicle since the recovery of such
vehicle either have not exceeded one-fourth of the amount paid by the
insurance company in settlement of the claim or have not exceeded one
thousand dollars,

(iii) the vehicle identification number and all other manufacturers'
identifying numbers on the motor vehicle have been examined by the
insurance company and are intact in the same form as at the time of the
theft of such vehicle,

(iv) an affidavit sworn to by an officer of the insurance company is
submitted by the insurance company which made payment in settlement of
the claim for theft with the application for title certifying to the
above conditions, which affidavit shall also certify additional facts as
required by the commissioner relating to the theft and recovery of such
vehicle and the amount of settlement and repair costs.

3. The commissioner may, by regulation, exempt vehicles from the
physical examination required by subdivision one of this section based
upon the age of the vehicles if the commissioner deems that such
physical examination would not further the purposes of the motor vehicle
theft prevention program established by section two hundred twenty-three
of this chapter.

4. Fees; deposited. Fees assessed under this section shall be paid to
the commissioner for deposit to the general fund, with the exception of
the fifty dollar increase in the fee for scheduling an examination
pursuant to subdivision one of this section, which shall be deposited to
the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and the dedicated mass
transportation fund established pursuant to section eighty-nine-c of the
state finance law and distributed according to the provisions of
subdivision (d) of section three hundred one-j of the tax law.