NY State Senate Bill 2011-S5414

Senate Bill S5414

2011-2012 Legislative Session

Relates to requiring vehicle identification numbers on the wheels of all motor vehicles sold in this state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to transportation
May 18, 2011	referred to transportation

2011-S5414 (ACTIVE) - Details

See Assembly Version of this Bill:: A7646
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§431-a & 1223-b, V & T L; amd §170.65, Pen L
Versions Introduced in 2013-2014 Legislative Session:: A510

2011-S5414 (ACTIVE) - Summary

Relates to requiring vehicle identification numbers to be engraved on the wheels of all motor vehicles sold in this state; prohibits operation of a motor vehicle with the wheel VIN obscured.

2011-S5414 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5414

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to requiring vehicle
identification numbers on the wheels of all motor vehicles sold in this
state; and to amend the penal law, in relation to forgery of a vehicle
identification number

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require auto
manufacturers who sell vehicles in New York State to place a clearly
visible vehicle identification number (VIN) on all four wheels sold
with a vehicle. This will deter theft and assist law enforcement in
proving that wheels are stolen property when they are recovered.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the vehicle and
traffic law by adding a new section 431-a. This section requires auto
manufacturers or assemblers who sell vehicles in this state to
engrave on each of the four wheels of such vehicles, not including
any spare wheel, the VIN of the vehicle they were sold with. This
section also explains where the VIN shall be located on the wheel and
also offers an exemption to the requirement if the manufacturer or
assembler agrees to replace the stolen wheel at a cost of $150 or less.

Section 2 amends subdivision I of section 170.65 of the penal law.
This section included the vehicles wheels to the list of parts of a
vehicle that it is a crime to remove a VIN from.

Section 3 amends the vehicle and traffic law by adding a new section
1223-b. This section states that no person shall operate a vehicle
when the VIN numbers that have been engraved in accordance to section
431-a of this law are covered or obscured.

JUSTIFICATION:
Alloy wheels are standard equipment on even
modestly priced vehicles. These rims are easily stolen; wheels by
their nature mat remain easy to take off and interchange. Once
removed, these wheels are impossible to trace and enter a thriving
black market. Ranging in value from $1,000 to $3,000 on average as a
set, they are the most expensive things that can be stolen from the
exterior of a car. Similar measures to prevent airbags and car
stereos have worked, leaving wheels as the last frontier of highly
profitable accessory theft. In New York City alloy wheels account for
over 20% of all felony theft, the sight of ears left on cinder blocks
or milk crates with two or four wheels missing is becoming a common
sight in some neighborhoods.

If vehicles wheels were engraved with their corresponding VIN, when a
wheel or entire car was stolen law enforcement can report them stolen
and provide the VIN. Currently law enforcement has no method to
investigate wheel theft. The VIN could be engraved so it would be
visible but with minimal impact on the aesthetic appearance of the
wheel. With the VIN in plain sight, officers could ascertain if the
wheels on any given car observed in a public place have been reported


stolen, this would take the ease out of stealing and using stolen
wheels by given all New York State law enforcement agencies a single,
simple measure, by which they can investigate suspicions of wheel
and vehicle theft.

PRIOR LEGISLATIVE HISTORY:
This is a new Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the first January next
succeeding the date on which it shall have become a law and shall
apply to all motor vehicles manufactured and sold on or after such
date.

2011-S5414 (ACTIVE) - Bill Text download pdf

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

                                  5414

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  vehicle  identification  numbers  on  the wheels of all motor vehicles
  sold in this state; and to amend the penal law, in relation to forgery
  of a vehicle identification number

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 431-a to read as follows:
  S 431-A. IDENTIFICATION NUMBERS ON VEHICLE WHEELS. IN ADDITION TO  THE
REQUIREMENTS  OF  SECTION FOUR HUNDRED THIRTY-ONE OF THIS ARTICLE, EVERY
MANUFACTURER OR ASSEMBLER OF A VEHICLE SOLD IN  THIS  STATE  SHALL  HAVE
ENGRAVED  ON  EACH OF THE FOUR WHEELS OF SUCH VEHICLE, NOT INCLUDING ANY
SPARE WHEEL, THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE THEY  WERE
SOLD  WITH.  SUCH IDENTIFICATION NUMBER SHALL BE NO SMALLER IN SIZE THAN
IS REQUIRED BY RULE OR REGULATION FOR THE VEHICLE IDENTIFICATION  NUMBER
REQUIRED  UNDER  THIS ARTICLE. EACH ENGRAVED WHEEL IDENTIFICATION NUMBER
SHALL BE ACCOMPANIED BY A LIKEWISE ENGRAVED SUFFIX DIGIT, EITHER 1, 2, 3
OR 4, THAT UNIQUELY IDENTIFIES EACH OF THE FOUR WHEELS  FROM  THE  OTHER
THREE. EACH ENGRAVED IDENTIFICATION NUMBER SHALL BE IN A LOCATION ON THE
WHEEL  THAT FACES OUTWARD FROM THE BODY OF THE VEHICLE WHEN THE WHEEL IS
MOUNTED ON THE VEHICLE AS IT WAS DESIGNED TO BE, AND  SHALL  BE  PLAINLY
VISIBLE FROM THE VEHICLE'S EXTERIOR, WITHOUT OBSTRUCTION BY ANY SPOKE OR
OTHER  PART  OF  THE WHEEL. EACH WHEEL VEHICLE IDENTIFICATION NUMBER AND
UNIQUE SUFFIX SHALL BE ENGRAVED DIRECTLY INTO  THE  WHEEL  ITSELF  IN  A
MANNER THAT IS MEANT TO BE PERMANENT FOR THE LIFE OF THE WHEEL AND MEANT
TO  EXHIBIT CLEAR EVIDENCE OF AN ATTEMPT TO REMOVE, DEFACE, OR ALTER THE
ENGRAVING. THIS ENGRAVING REQUIREMENT SHALL NOT APPLY TO ANY WHEEL  SOLD
WITH A NEW VEHICLE THAT THE ORIGINAL MANUFACTURER WILL AGREE, IN WRITING
AT THE TIME OF SALE, TO REPLACE IN THE EVENT OF LOSS, DAMAGE OR THEFT AT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11501-01-1

S. 5414                             2

ANY  TIME  AFTER  THE DATE OF ORIGINAL SALE OF THE ACCOMPANYING VEHICLE,
WITH A WHEEL OF IDENTICAL APPEARANCE AND CONSTRUCTION, FOR LESS THAN ONE
HUNDRED FIFTY DOLLARS.
  S  2.  Subdivision 1 of section 170.65 of the penal law, as amended by
chapter 488 of the laws of 1977, is amended to read as follows:
  (1) He knowingly destroys, covers, defaces, alters or otherwise chang-
es the form or appearance of a  vehicle  identification  number  on  any
vehicle  or  component  part thereof[, except tires] INCLUDING THE VEHI-
CLE'S WHEELS BUT NOT THE TIRES MOUNTED THEREON; or
  S 3. The vehicle and traffic law is amended by adding  a  new  section
1223-b to read as follows:
  S  1223-B.  NO  PERSON  SHALL OPERATE A MOTOR VEHICLE WHEN THE VEHICLE
IDENTIFICATION NUMBERS THAT HAVE BEEN ENGRAVED ON ANY WHEEL  IN  ACCORD-
ANCE  WITH SECTION FOUR HUNDRED THIRTY-ONE-A OF THIS CHAPTER ARE COVERED
OR OBSCURED.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
motor vehicles manufactured and sold on or after such date.

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