§ 511-b. Seizure and redemption of unlawfully operated vehicles. 1.
Upon making an arrest or upon issuing a summons or an appearance ticket
for the crime of aggravated unlicensed operation of a motor vehicle in
the first or second degree committed in his presence, an officer shall
remove or arrange for the removal of the vehicle to a garage, automobile
pound, or other place of safety where it shall remain impounded, subject
to the provisions of this section if: (a) the operator is the registered
owner of the vehicle or the vehicle is not properly registered; or (b)
proof of financial security is not produced; or (c) where a person other
than the operator is the registered owner and, such person or another
properly licensed and authorized to possess and operate the vehicle is
not present. The vehicle shall be entered into the New York statewide
police information network as an impounded vehicle and the impounding
police department shall promptly notify the owner and the local
authority that the vehicle has been impounded.

2. A motor vehicle so impounded shall be in the custody of the local
authority and shall not be released unless:

(a) The person who redeems it has furnished satisfactory evidence of
registration and financial security;

(b) Payment has been made for the reasonable costs of removal and
storage of the motor vehicle. The registered owner of the vehicle shall
be responsible for such payment provided, however, that if he was not
the operator at the time of the offense he shall have a cause of action
against such operator to recover such costs. Payment prior to release of
the vehicle shall not be required in cases where the impounded vehicle
was stolen or was rented or leased pursuant to a written agreement for a
period of thirty days or less, however the operator of such a vehicle
shall be liable for the costs of removal and storage of the vehicle to
any entity rendering such service.

(c) Where the motor vehicle was operated by a person who at the time
of the offense was the owner thereof, (i) satisfactory evidence that the
registered owner or other person seeking to redeem the vehicle has a
license or privilege to operate a motor vehicle in this state, and (ii)
(A) satisfactory evidence that the criminal action founded upon the
charge of aggravated unlicensed operation of a motor vehicle has been
terminated and that any fine imposed as a result of a conviction thereon
has been paid, or (B) a certificate issued by the court in which the
criminal action was commenced ordering release of the vehicle prior to
the judgment or compliance therewith in the interest of justice, or (C)
a certificate issued by the district attorney or other officer
authorized to prosecute such charge waiving the requirement that the
vehicle be held as security for appearance before and compliance with
the judgment of the court.

3. When a vehicle seized and impounded pursuant to this section has
been in the custody of the local authority for thirty days, such
authority shall make inquiry in the manner prescribed by the
commissioner as to the name and address of the owner and any lienholder
and upon receipt of such information shall notify the owner and the
lienholder, if any, at his last known address by certified mail, return
receipt requested, that if the vehicle is not retrieved pursuant to
subdivision two of this section within thirty days from the date the
notice is given, it will be forfeited. If the vehicle was registered in
New York the last known address shall be that address on file with the
commissioner. If the vehicle was registered out-of-state or never
registered, notification shall be made in the manner prescribed by the
commissioner.

4. A motor vehicle that has been seized and not retrieved pursuant to
the foregoing provisions of this section shall be forfeited to the local
authority upon expiration of the period of the notice set forth in
subdivision three of this section provided, however, in computing such
period, the period of time during which a criminal prosecution is or was
pending against the owner for a violation of this section shall be
excluded. A proceeding to decree such forfeiture and to recover towing
and storage costs, if any, to the extent such costs exceed the fair
market value of the vehicle may be brought by the local authority in the
court in which the criminal action for aggravated unlicensed operation
of a motor vehicle was commenced by petition for an order decreeing
forfeiture of the motor vehicle accompanied by an affidavit attesting to
facts showing that forfeiture is warranted. If the identity and address
of the owner and/or lienholder is known to the local authority, ten days
notice shall be given to such party, who shall have an opportunity to
appear and be heard prior to entry of an order decreeing forfeiture.
Where the court is satisfied that forfeiture of a motor vehicle is
warranted in accordance with this section, it shall enter an order
decreeing forfeiture of such vehicle. Provided, however, that the court
at any time prior to entry of such an order may authorize release of the
vehicle in accordance with subdivision two of this section upon a
showing of good cause for failure to retrieve same prior to commencement
of the proceeding to decree forfeiture, but if the court orders release
of the motor vehicle as herein provided and the vehicle is not redeemed
within ten days from the date of such order, the vehicle shall be deemed
to have been abandoned and the court upon application of the local
authority must enter an order decreeing its forfeiture.

5. A motor vehicle forfeited in accordance with the provisions of this
section shall be and become the property of the local authority, subject
however to any lien that was recorded prior to the seizure.

6. For the purposes of this section, the term "local authority" means
the municipality in which the motor vehicle was seized; except that if
the motor vehicle was seized on property of the New York state thruway
authority or property under the jurisdiction of the office of parks,
recreation and historic preservation, the department of transportation,
or a public authority or commission, the term "local authority" means
such authority, office, department, or commission. A county may provide
by local law that the county may act as the agent for a local authority
under this section.

7. When a vehicle has been seized and impounded pursuant to this
section, the local authority or any person having custody of the vehicle
shall make the vehicle available or grant access to it to any owner or
any person designated or authorized by such owner for the purpose of (i)
taking possession of any personal property found within the vehicle and
(ii) obtaining proof of registration, financial security, title or
documentation in support thereof.