N.Y. Comp. Codes R. & Regs. tit. 15 § 81.13

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

Section 81.13 - Application for title for a junk and salvage vehicle

(a) Application for title. An application for title for a junk and salvage vehicle for which an MV-907A is required to be filed shall only be made to the Title Bureau of the Department of Motor Vehicles. The original of the proof of ownership for such vehicle must be submitted at the time of application. Any irregularities or mistakes in any document submitted with the application for title may result in rejection of the application.

(b) Applicant's agreement. By applying for a physical examination of any junk and salvage vehicle, as required by this section, the applicant agrees:

(1) to have his junk and salvage vehicle available at the appointed time and place of inspection;

(2) that if the department has reasonable grounds to believe that the junk and salvage vehicle or any major component part thereon is stolen, that such vehicle may be impounded by the department pending further investigation;

(3) that if the junk and salvage vehicle is a stolen vehicle, such vehicle may be impounded by the Department of Motor Vehicles and returned, if possible, to the rightful owner of such vehicle; or

(4) that if any part on the junk and salvage vehicle is stolen, the Department of Motor Vehicles may remove such part and allow the rightful owner to recover it. Any such property not claimed by the rightful owner within 15 days shall become the property of the State.

(c) [Reserved]

(d) The vehicle presented at the physical examination must be road ready, including all sheet metal in place.

(e) Except as provided in subdivision (f) of this section, a physical examination of the vehicle by a departmental investigator must be made prior to issuance of a certificate of title, and no application for vehicle registration shall be accepted until after a title is issued.

(1) The department may withhold issuance of a certificate of title if such examination discloses the presence of stolen parts on the vehicle. Any stolen parts may be removed from the vehicle and, if possible, returned to their rightful owner.

(2) If an examination discloses the presence of parts on which the identification number has been removed or altered, a decision with respect to issuance of a certificate of title shall be made after a review of all the circumstances with respect to such application.

(3) If the examination discloses a missing, altered or defaced vehicle identification number, an attempt to determine the true vehicle identification number shall be made. If the true vehicle identification is determined, and if the vehicle is not stolen, a special vehicle identification number shall be affixed. If the true vehicle identification number cannot be determined, the vehicle shall be turned over to the Office of General Services for disposal.

(f) The provisions of subdivision (e) of this section relating to inspection for identification by an employee of the department shall not apply to a motor vehicle which has been transferred to an insurance company in settlement of a claim for the theft of such vehicle, provided the following conditions are met:

(1) no major component part of the motor vehicle has been replaced since the theft of such vehicle;

(2) repairs made to the motor vehicle since the recovery of such vehicle either have not exceeded one fourth of the amount paid by the insurance company in settlement of the claim or have not exceeded $1,000, whichever is lower;

(3) the vehicle identification number and all other manufacturers' identifying numbers on the motor vehicle have been examined by the insurance company and are intact in the same form as at the time of the theft of such vehicle; and

(4) an affidavit sworn to by an officer of the insurance company is submitted by the insurance company which made payment in settlement of the claim for theft with the application for title certifying to the above conditions, which affidavit shall also certify the amount of settlement and repair costs.

(g) Fees. An application for a certificate of title shall be accompanied by all fees required upon the issuance of a certificate of title, together with sales tax clearance. If a physical examination of the vehicle is required, a fee of $100 must be submitted. If a vehicle identification number is issued after such inspection, no additional fee will be required. All fees must be submitted at the time of application for title. If such application is accepted but a certificate of title is not issued, such fees shall not be refunded.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 81.13