S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8825

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the  impoundment of for sale motor vehicles parked on a public highway
  with an improper validating sticker or the absence of a  proper  vali-
  dating sticker

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 401 of  the  vehicle  and  traffic
law,  as  amended by chapter 132 of the laws of 1986, is amended to read
as follows:
  4. Carrying certificate of registration. Any magistrate, motor vehicle
inspector, peace officer, acting pursuant  to  his  special  duties,  or
police  officer  may  request  that  the  operator  of any motor vehicle
produce for inspection the certificate of registration for such  vehicle
and  such  operator  shall  furnish to such magistrate, inspector, peace
officer or police officer any information necessary for the  identifica-
tion  of  such  vehicle  and  its  owner,  and  all information required
concerning his license to operate, if he is required by law to have such
a license, and shall, if required, sign his name in the presence of such
magistrate, inspector, peace officer or  police  officer  as  a  further
means  of  identification.  The production of a license to a magistrate,
inspector, peace officer or police officer shall be prima facie evidence
in a prosecution for a violation of any provision of this chapter, other
than section three hundred ninety-two of this chapter, that  the  person
who  so  produced  the license is the person identified on such license.
Provided, however, that a photostatic copy of the certificate of  regis-
tration  may be produced in lieu of the original certificate. If a vehi-
cle does not have affixed a validating sticker which indicates the plate
number, the vehicle identification number and the expiration date of the
registration, the failure to produce the certificate of registration, or
a photostatic copy of such certificate, shall be presumptive evidence of
operating a motor vehicle or trailer which is not registered as required

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13685-01-1

A. 8825                             2

by this article PROVIDED, FURTHER HOWEVER, IF SUCH VEHICLE IS MARKED  BY
THE  OWNER AS BEING OFFERED FOR SALE, AND SUCH CAR IS PARKED ON A PUBLIC
HIGHWAY, WITH AN IMPROPER VALIDATING STICKER OR WITHOUT A  PROPER  VALI-
DATING  STICKER, SHALL RENDER SUCH VEHICLE SUBJECT TO IMPOUNDMENT BY THE
MAGISTRATE, MOTOR VEHICLE INSPECTOR, PEACE OFFICER, ACTING  PURSUANT  TO
HIS SPECIAL DUTIES, OR POLICE OFFICER, INSPECTING SUCH VEHICLE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.