N.Y. VAT. LAW § 511-b : NY Code - Section 511-B: Seizure and redemption of unlawfully operated vehicles

Search N.Y. VAT. LAW § 511-b : NY Code - Section 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.