N.Y. Comp. Codes R. & Regs. tit. 15 § 81.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 81.1 - Introduction and definitions

(a) Introduction. This Part supplements the provisions of sections 415-a, 429 and 430 of the Vehicle and Traffic Law, as amended by chapters 691 and 692 of the Laws of 1979. The provisions of this Part do not apply to 1972 or older model year vehicles nor any other vehicle not eligible for a title.

(b) Definitions. For the purposes of this Part, any term defined in section 415-a of the Vehicle and Traffic Law shall have the same meaning when used in this Part. In addition, the following definitions are set forth:

(1) Major component part. A major component part is an engine, a transmission, a frame, a body, a nose or an inflatable restraint system.

(2) Nose. The nose is that portion of the body of a vehicle from the front to the fire wall when acquired or transferred as a complete unit.

(3) Frame. The frame is that part of a vehicle upon which other component parts are affixed, such as the engine, body or transmission.

(4) Body. The body is that part of a vehicle which determines its shape and appearance, and which is attached to the frame.

(5) Vehicle. A vehicle, other than a trailer, shall consist of the frame with two other uncrushed major component parts attached thereto and transferred or acquired as a complete unit, except that in any case where a vehicle is designed in such a manner that one integrated unit performs the functions of the frame and body together, a vehicle shall consist of such unit together with any one other major component part still attached. A trailer is also a vehicle.

(6) Junk and salvage vehicle. A junk and salvage vehicle is any 1973 or later model year vehicle which has been transferred to an insurance company in settlement of a claim for damage thereto or theft thereof and any 1973 or later model vehicle which has been sold or otherwise disposed of as junk or salvage.

(7) Trailer. A trailer shall consist of frame and body, if any, of a vehicle which is designed to be drawn on the public highway by another vehicle.

(8) Proof of ownership. Proof of ownership for a junk and salvage vehicle shall consist of one of the following:

(i) the most recent certificate of title which has been issued for such vehicle;

(ii) the most recent MV-907A (transfer copy) for which a corresponding MV-907A (DMV copy) has been filed with the department or for which the most recent MV-907A (transfer copy) has been attached to one or more MV-907A forms (transfer copies) of which the earliest corresponding MV-907A (DMV copy) has been filed with the department;

(iii) a transferable registration or similar acceptable proof of ownership for a vehicle which is eligible for a title but which is not required to be titled;

(iv) in the case of a vehicle 10 or more model years old which has been abandoned on private property and for which the owner of the vehicle cannot be located, form MV-37 signed and properly completed by the owner of the property upon which such vehicle was abandoned;

(v) form MV-907; or

(vi) in the case of a vehicle eight or more model years old, and worth $1250 or less, form MV-35, signed and properly completed by the owner of the vehicle.

(9) Fleet owner. A fleet owner is a person (including a business of any type) who has 25 or more vehicles titled or registered in New York and who does not have such vehicles insured for damage or theft by an insurance company duly authorized to transact business in this State.

(10) Severely damaged fleet vehicle. A severely damaged fleet vehicle is a vehicle damaged by accident, fire or disaster and not returned to service by the fleet owner if:

(i) the vehicle is either titled or registered in New York and suffered a decline in value of at least 60 percent due to the accident, fire or disaster; or

(ii) the accident, fire or disaster occurred in New York and, as a result, the vehicle suffered a decline in value of at least 60 percent; or

(iii) the vehicle suffered a decline in value of at least 60 percent due to accident, fire or disaster and the vehicle is sold in New York; or

(iv) the engine of the vehicle has to be replaced as a result of the accident, fire or disaster and the vehicle is sold, titled or registered in New York; or

(v) the engine of the vehicle has to be replaced as a result of the accident, fire or disaster which occurred in New York.

(A) flow chart explaining this paragraph is found in paragraph [11] of this subdivision).

(11) Self-insured fleet vehicles flow chart.

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(12) Vehicle dismantler. Any person who is engaged in the business of acquiring motor vehicles or trailers for the purpose of dismantling the same and selling the major or minor or both types of component parts or reselling such vehicles as scrap and any motor vehicle dealer who classifies as salvage 25 percent or more of the vehicles sold in any month. All such persons must register as a vehicle dismantler.

(13) Inflatable restraint system. An air bag as defined in 49 CFR part 571.208 (S4.1.5.1) that is designed and installed to be activated in a crash.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.1