S 4147: Enhances enforcement of laws requiring proper and readable license plates and vehicle identification numbers; increases penalties including booting.

  
  STATE OF NEW YORK ________________________________________________________________________ 4147 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ Introduced by Sen. COONEY -- 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, the criminal procedure law and the administrative code of the city of New York, in relation to improving enforcement of violations related to license plates The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "ghostbus- 2 ter act". 3 § 2. Subdivision 2 of section 238 of the vehicle and traffic law, as 4 amended by chapter 224 of the laws of 1995, is amended to read as 5 follows: 6 2. A notice of violation shall be served personally upon the operator 7 of a motor vehicle who is present at the time of service, and [his] such 8 operator's name, together with the plate designation and the plate type 9 as shown by the registration plates of said vehicle [and], the expira- 10 tion date and the vehicle identification number; the make or model[, and 11 body type] of said vehicle; a description of the charged violation, 12 including but not limited to a reference to the applicable traffic rule 13 or provision of this chapter; information as to the days and hours the 14 applicable rule or provision of this chapter is in effect, unless always 15 in effect pursuant to rule or this chapter and where appropriate the 16 word ALL when the days and/or hours in effect are everyday and/or twen- 17 ty-four hours a day; the meter number for a meter violation, where 18 appropriate; and the date, time and particular place of occurrence of 19 the charged violation, shall be inserted therein. A mere listing of a 20 meter number in cases of charged meter violations shall not be deemed to 21 constitute a sufficient description of a particular place of occurrence 22 for purposes of this subdivision. The notice of violation shall be 23 served upon the owner of the motor vehicle if the operator is not pres- 24 ent, by affixing such notice to said vehicle in a conspicuous place. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01425-02-5 
 S. 4147 2 1 Whenever such notice is so affixed, in lieu of inserting the name of the 2 person charged with the violation in the space provided for the iden- 3 tification of said person, the words "owner of the vehicle bearing 4 license" may be inserted to be followed by the plate designation and 5 plate type as shown by the registration plates of said vehicle together 6 with the expiration date and the vehicle identification number; the make 7 or model[, and body type] of said vehicle; a description of the charged 8 violation, including but not limited to a reference to the applicable 9 traffic rule or provision of this chapter; information as to the days 10 and hours the applicable rule or provision of this chapter is in effect 11 unless always in effect pursuant to rule or this chapter and where 12 appropriate the word ALL when the days and/or hours in effect are every 13 day and/or twenty-four hours a day; the meter number for a meter 14 violation where appropriate; and the date, time and particular place of 15 occurrence of the charged violation. Service of the notice of 16 violation, or a duplicate thereof by affixation as herein provided shall 17 have the same force and effect and shall be subject to the same penal- 18 ties for disregard thereof as though the same was personally served with 19 the name of the person charged with the violation inserted therein. 20 § 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle 21 and traffic law, as added by chapter 224 of the laws of 1995, is amended 22 to read as follows: 23 (a) Notwithstanding any inconsistent provision of subdivision two of 24 this section, where the plate type or the expiration date are not shown 25 on either the registration plates or sticker of a vehicle or where the 26 registration sticker is covered, faded, defaced or mutilated so that it 27 is unreadable, or where the vehicle identification number is destroyed, 28 covered, defaced, altered or otherwise changed in violation of section 29 170.65 of the penal law, or where the authenticity cannot be verified by 30 a search of the license plate database, the plate type or the expiration 31 date or vehicle identification number may be omitted from the notice of 32 violation; provided, however, such condition must be so described and 33 inserted on the notice of violation. 34 § 4. Subdivisions 3 and 4 of section 402 of the vehicle and traffic 35 law are amended and a new subdivision 9 is added to read as follows: 36 3. No person shall operate [or], drive or park a motor vehicle drawing 37 a trailer on the public highways of the state, unless such trailer shall 38 have a distinctive number assigned to it by the commissioner and a 39 number plate issued by such commissioner with a number corresponding to 40 that of the certificate of registration displayed and fastened on the 41 rear in the manner provided for number plates on the rear of a motor 42 vehicle. The provisions of subdivision two of this section relating to 43 number plates for motor vehicles shall apply to number plates for any 44 such trailer. The provisions of this subdivision shall not apply when a 45 newly constructed trailer is being drawn to or from a weighing station 46 solely for the purpose of determining the weight thereof. 47 4. No person shall operate [or], drive or park a motor vehicle upon 48 the public highways of this state having displayed thereon number plates 49 not proper for such vehicle under the provisions of this chapter and, 50 upon a conviction for this offense, the number plates shall be surren- 51 dered to the court for delivery to the commissioner. The failure to 52 produce the certificate of registration or registration renewal stub of 53 a vehicle, or a vehicle bearing temporary registration or indicia of 54 registration issued by a foreign country, state, territory or federal 55 district, or an agent thereof, shall be presumptive evidence of display- 56 ing number plates not proper for the vehicle. Every annual number plate 
 S. 4147 3 1 issued shall remain the property of the state until the correct regis- 2 tration fee is paid. Every number plate of a permanent nature for use 3 with a removable date tag which shall be issued shall remain the proper- 4 ty of the state unless and until the commissioner finds that the state 5 no longer has use for it. Number plates belonging to the state shall be 6 under the control of the commissioner. 7 9. (a) In addition to the penalties set forth in subdivision eight of 8 this section, whenever any police officer, or in a city having a popu- 9 lation in excess of one million any person designated by the commission- 10 er of traffic of such city, or on highways under the jurisdiction of the 11 New York state thruway authority, the office of parks and recreation, a 12 county park commission, a parkway authority, a bridge authority or a 13 bridge and tunnel authority any person designated by such office, 14 commission or authority, finds a vehicle which is in violation of the 15 provisions of this section such officer is hereby authorized to provide 16 for the removal of such vehicle, semitrailer or trailer to a garage, 17 automobile pound or other place of safety, or to attach a mechanical 18 device to the wheel or tire of such vehicle to prevent its usual manner 19 of movement provided that such act is done by a person licensed to do so 20 in accordance with any other applicable provision of law. 21 (b) The owner or other person lawfully entitled to the possession of 22 such vehicle may be charged with any reasonable costs including removal 23 and storage, payable before the vehicle is released. 24 § 5. The subdivision heading and paragraph (a) of subdivision 4-h of 25 section 510 of the vehicle and traffic law, as added by section 5 of 26 subpart A of part WW of chapter 56 of the laws of 2024, are amended to 27 read as follows: 28 Suspension of registration for covering license plates with a license 29 plate cover or material appearing to be a number plate [or], obscuring 30 license plates with any material or substance, displaying an improper 31 plate or forgery of a vehicle identification number. (a) Upon receipt of 32 a notification from a court or an administrative tribunal that an owner 33 of a motor vehicle has been convicted three or more times within a peri- 34 od of five years of a violation of paragraph (a) or subparagraph (ii), 35 (ii-a) or (iii) of paragraph (b) of subdivision one of section four 36 hundred two of this chapter or section 170.65 of the penal law, not 37 arising out of the same incident, the commissioner or the commissioner's 38 agent may suspend the registration of the motor vehicle involved in such 39 violation for a period of ninety days. The commissioner may, in the 40 commissioner's discretion, deny a registration or renewal application to 41 any other person for the same vehicle and may deny a registration or 42 renewal application for any other motor vehicle registered in the name 43 of the applicant where the commissioner has determined that such regis- 44 trant's intent has been to evade the purposes of this paragraph and 45 where the commissioner has reasonable grounds to believe that such 46 registration or renewal will have the effect of defeating the purposes 47 of this paragraph. Such denial shall remain in effect only as long as 48 the suspension entered pursuant to this paragraph remains in effect. 49 § 6. Section 402-b of the vehicle and traffic law, as added by section 50 4 of subpart A of part WW of chapter 56 of the laws of 2024, is amended 51 to read as follows: 52 § 402-b. Obscured and obstructed license plates or vehicle identifica- 53 tion numbers. 1. If any vehicle is driven [or], operated or parked on a 54 public highway in violation of subparagraph (ii), (ii-a), or (iii) of 55 paragraph (b) of subdivision one of section four hundred two of this 56 article, or section 170.65 of the penal law, and is committed in their 
 S. 4147 4 1 presence, a police officer, as defined in section one hundred thirty-two 2 of this chapter, shall be authorized to take such actions as may be 3 required or permitted by the provisions of this section. 4 2. If the vehicle is being driven [or], operated or parked in 5 violation of subparagraph (ii), (ii-a) or (iii) of paragraph (b) of 6 subdivision one of section four hundred two of this article, or section 7 170.65 of the penal law, such officer shall issue a summons[, provided, 8 however, that a summons shall not be issued if, in the discretion and at 9 the request of such officer, the defect is corrected in the presence of 10 such officer. The refusal of a police officer to permit the repair of 11 any defect in their presence shall not be reviewable, and shall not be a 12 defense to any violation charged in a summons issued pursuant to the 13 provisions of this section] and confiscate any instrument used in 14 connection with the violation. A vehicle bearing a temporary registra- 15 tion or indicia of a registration issued by a foreign country, state, 16 territory or federal district, or by an agent thereof, shall be presump- 17 tive evidence of a violation. Such summons shall be issued irrespective 18 of any correction of the defect in the presence of the officer. 19 3. Any complaint issued for any violation of subparagraph (ii), (ii-a) 20 or (iii) of paragraph (b) of subdivision one of section four hundred two 21 of this article may be dismissed by the court before which the summons 22 is returnable if the violation as set forth in the summons is corrected 23 not later than one-half hour after sunset on the first full business day 24 after the issuance of the summons and proof of such correction is 25 submitted to the court or administrative tribunal. For the purposes of 26 this subdivision, "business day" shall mean any calendar day except 27 Saturday and Sunday, or the following business holidays: New Year's Day, 28 Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colum- 29 bus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. 30 § 7. Paragraph (b) of subdivision 1 of section 1.20 of the criminal 31 procedure law, as added by chapter 450 of the laws of 2019, is amended 32 to read as follows: 33 (b) an appearance ticket issued for a parking infraction when (i) such 34 ticket is based on personal knowledge or information and belief of the 35 police officer or other public servant who issues the ticket, (ii) the 36 police officer or other public servant who issues such ticket verifies 37 that false statements made therein are punishable as a class A misdemea- 38 nor, (iii) the infraction or infractions contained therein are stated in 39 detail and not in conclusory terms so as to provide the defendant with 40 sufficient notice including, but not limited, to the applicable 41 provision of law allegedly violated, and the date, time and particular 42 place of the alleged infraction, and (iv) such ticket contains: (1) the 43 license plate designation of the ticketed vehicle, (2) the license plate 44 type of the ticketed vehicle, (3) the expiration of the ticketed vehi- 45 cle's registration, (4) the make or model of the ticketed vehicle, and 46 (5) the [body type] vehicle identification number of the ticketed vehi- 47 cle, provided, however, that where the plate type or the expiration date 48 are not shown on either the registration plates or sticker of a vehicle 49 or where the registration sticker or vehicle identification number is 50 covered, faded, defaced or mutilated so that it is unreadable, the plate 51 type [or], the expiration date or the vehicle identification number may 52 be omitted, provided, further, however, that such condition must be so 53 described and inserted on the instrument. 54 § 8. Section 422 of the vehicle and traffic law, as amended by chapter 55 726 of the laws of 1983, is amended to read as follows: 
 S. 4147 5 1 § 422. Special vehicle identification numbers. The commissioner [may] 2 shall, by regulation, provide for the issuance of a special vehicle 3 identification number. Such regulations shall be applicable whenever a 4 special vehicle identification number is required by any provision of 5 law. With respect to a vehicle part for which an inspection is required 6 pursuant to subdivision two of section four hundred twenty-three-a of 7 this chapter, a special identification number may consist of a distin- 8 guishing mark. Such special vehicle identification number shall be 9 [affixed] engraved only by or under the direction of a member of the 10 department of motor vehicles who has the powers of a peace officer 11 pursuant to section three hundred ninety-two-b of this chapter. A fee of 12 twenty-five dollars shall be paid to the commissioner before such number 13 shall be issued, except that no fee shall be required of a governmental 14 agency. 15 § 9. Subdivision 1 of section 431 of the vehicle and traffic law, as 16 amended by chapter 692 of the laws of 1979, is amended to read as 17 follows: 18 1. Every manufacturer or assembler of a vehicle sold in this state 19 shall [provide such vehicle with] engrave a vehicle identification 20 number on each vehicle and, upon request of the commissioner, shall 21 inform [him] such commissioner concerning the location or locations of 22 every vehicle identification number and other identifying numbers on 23 such vehicle. The commissioner may refuse to register or issue a certif- 24 icate of title for a vehicle made by a manufacturer or assembler who 25 fails to comply with this section. 26 § 10. Subdivision 2 of section 420-a of the vehicle and traffic law, 27 as amended by section 1-b of part A of chapter 63 of the laws of 2005, 28 is amended to read as follows: 29 2. A qualified dealer may obtain temporary registrations to be issued 30 in accordance with the provisions of this section by applying to the 31 commissioner and paying a fee of five dollars for each such temporary 32 registration. The commissioner may limit the number of temporary regis- 33 trations given to a dealer at any one time or the number of unissued 34 temporary registrations in the possession of a dealer at one time. The 35 commissioner shall issue a temporary registration to a dealer in another 36 state in such manner as the commissioner shall prescribe. 37 § 11. Paragraph (a) of subdivision 1 of section 1224 of the vehicle 38 and traffic law, as amended by chapter 795 of the laws of 1974, is 39 amended to read as follows: 40 (a) with no number plates affixed thereto[, for more than six hours] 41 on any highway or other public place; 42 § 12. The vehicle and traffic law is amended by adding a new section 43 2130-a to read as follows: 44 § 2130-a. (a) No person, firm, partnership, association or corporation 45 shall sell, offer for sale or process a transaction for any vehicle 46 certificate of origin or any certificate of title, including via an 47 online platform, in violation of this section. 48 (b) Whenever there shall be a violation of this section, application 49 may be made by the attorney general in the name of the people of the 50 state of New York to a court or justice having jurisdiction by a special 51 proceeding to issue an injunction and upon notice to the defendant of 52 not less than five days, to enjoin and restrain the continuance of such 53 violation or to enforce the provisions of this section; and if it shall 54 appear to the satisfaction of the court or justice that the defendant 55 has, in fact, violated this section, an injunction may be issued by such 56 court or justice, enjoining and restraining any further violation, with- 
 S. 4147 6 1 out requiring proof that any person has, in fact, been injured or 2 damaged thereby. Whenever the court shall determine that a violation of 3 this section has occurred the court may impose a civil penalty of not 4 more than five hundred dollars for each violation. In connection with 5 any such proposed application, the attorney general is authorized to 6 take proof and make a determination of the relevant facts and issue 7 subpoenas in accordance with the civil practice law and rules. 8 § 13. The vehicle and traffic law is amended by adding a new section 9 402-c to read as follows: 10 § 402-c. Notice on sale of temporary license plates. Any person, firm, 11 partnership, association or corporation which distributes or sells, or 12 offers to distribute or sell, temporary license plates or tags of any 13 other state, district or territory, or of any foreign country, or a 14 reproduction thereof, to any resident of this state, including through 15 an online platform, shall provide a written notice stating, "Not legal 16 for use in the state of New York. A motor vehicle bearing this license 17 plate or tag in New York state may be subject to booting or impounding 18 at owner's expense." 19 § 14. Subdivision d of section 19-169.2 of the administrative code of 20 the city of New York, as added by local law number 24 of the city of New 21 York for the year 1995, is amended to read as follows: 22 d. In addition to the provisions of subdivision c of this section, no 23 motor vehicle may be booted (1) unless such vehicle: (i) is unlawfully 24 parked, (ii) has obscured or obstructed license plates or displays 25 number plates not proper for such vehicle in violation of section 402 of 26 the vehicle and traffic law, (iii) the vehicle identification number is 27 destroyed, covered, defaced, altered or otherwise changed in violation 28 of section 170.65 of the penal law, or (iv) is an abandoned vehicle as 29 defined by section 1224 of the vehicle and traffic law; (2) where such 30 vehicle is occupied by any person or live animal; (3) when such vehicle 31 is parked on the roadway side of a vehicle stopped, standing or parked 32 at the curb; (4) where such vehicle is parked in a fire lane, or in 33 front of or immediately adjacent to a fire hydrant, fire connection or 34 building emergency exit; (5) unless the express written authorization of 35 the owner of a private driveway blocked by such vehicle has been 36 obtained, which authorization includes the location, make, model, color 37 and license plate number of such vehicle; (6) if such vehicle is an 38 ambulance, correction vehicle, police vehicle, fire vehicle, civil 39 defense emergency vehicle, emergency ambulance service vehicle, environ- 40 mental emergency response vehicle, sanitation patrol vehicle, hazardous 41 materials emergency vehicle, ordnance disposal vehicle of the armed 42 forces of the United States; and (7) where such vehicle bears a special 43 vehicle identification parking permit issued in accordance with the 44 provisions of paragraph 15 of subdivision a of section 2903 of the New 45 York city charter or issued in accordance with the provisions of section 46 1203-a of the vehicle and traffic law, or "MD" New York registration 47 plates. 48 § 15. Severability clause. If any clause, sentence, paragraph, subdi- 49 vision, section or part of this act shall be adjudged by a court of 50 competent jurisdiction to be invalid, such judgment shall not affect, 51 impair or invalidate the remainder thereof, but shall be confined in its 52 operation to the clause, sentence, paragraph, subdivision, section or 53 part thereof directly involved in the controversy in which such 54 judgment shall have been rendered. It is hereby declared to be the 55 intent of the legislature that this act would have been enacted even 56 if such invalid provisions had not been included herein. 
 S. 4147 7 1 § 16. This act shall take effect on the ninetieth day after it shall 2 have become a law; provided, however, that sections two and three shall 3 take effect one year after they shall have become a law; and provided, 4 further, that sections eight and nine of this act shall take effect 5 three years after they shall have become a law.