STATE OF NEW YORK
________________________________________________________________________
759
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01425-02-5
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1 ent, by affixing such notice to said vehicle in a conspicuous place.
2 Whenever such notice is so affixed, in lieu of inserting the name of the
3 person charged with the violation in the space provided for the iden-
4 tification of said person, the words "owner of the vehicle bearing
5 license" may be inserted to be followed by the plate designation and
6 plate type as shown by the registration plates of said vehicle together
7 with the expiration date and the vehicle identification number; the make
8 or model[, and body type] of said vehicle; a description of the charged
9 violation, including but not limited to a reference to the applicable
10 traffic rule or provision of this chapter; information as to the days
11 and hours the applicable rule or provision of this chapter is in effect
12 unless always in effect pursuant to rule or this chapter and where
13 appropriate the word ALL when the days and/or hours in effect are every
14 day and/or twenty-four hours a day; the meter number for a meter
15 violation where appropriate; and the date, time and particular place of
16 occurrence of the charged violation. Service of the notice of
17 violation, or a duplicate thereof by affixation as herein provided shall
18 have the same force and effect and shall be subject to the same penal-
19 ties for disregard thereof as though the same was personally served with
20 the name of the person charged with the violation inserted therein.
21 § 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle
22 and traffic law, as added by chapter 224 of the laws of 1995, is amended
23 to read as follows:
24 (a) Notwithstanding any inconsistent provision of subdivision two of
25 this section, where the plate type or the expiration date are not shown
26 on either the registration plates or sticker of a vehicle or where the
27 registration sticker is covered, faded, defaced or mutilated so that it
28 is unreadable, or where the vehicle identification number is destroyed,
29 covered, defaced, altered or otherwise changed in violation of section
30 170.65 of the penal law, or where the authenticity cannot be verified by
31 a search of the license plate database, the plate type or the expiration
32 date or vehicle identification number may be omitted from the notice of
33 violation; provided, however, such condition must be so described and
34 inserted on the notice of violation.
35 § 4. Subdivisions 3 and 4 of section 402 of the vehicle and traffic
36 law are amended and a new subdivision 9 is added to read as follows:
37 3. No person shall operate [or], drive or park a motor vehicle drawing
38 a trailer on the public highways of the state, unless such trailer shall
39 have a distinctive number assigned to it by the commissioner and a
40 number plate issued by such commissioner with a number corresponding to
41 that of the certificate of registration displayed and fastened on the
42 rear in the manner provided for number plates on the rear of a motor
43 vehicle. The provisions of subdivision two of this section relating to
44 number plates for motor vehicles shall apply to number plates for any
45 such trailer. The provisions of this subdivision shall not apply when a
46 newly constructed trailer is being drawn to or from a weighing station
47 solely for the purpose of determining the weight thereof.
48 4. No person shall operate [or], drive or park a motor vehicle upon
49 the public highways of this state having displayed thereon number plates
50 not proper for such vehicle under the provisions of this chapter and,
51 upon a conviction for this offense, the number plates shall be surren-
52 dered to the court for delivery to the commissioner. The failure to
53 produce the certificate of registration or registration renewal stub of
54 a vehicle, or a vehicle bearing temporary registration or indicia of
55 registration issued by a foreign country, state, territory or federal
56 district, or an agent thereof, shall be presumptive evidence of display-
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1 ing number plates not proper for the vehicle. Every annual number plate
2 issued shall remain the property of the state until the correct regis-
3 tration fee is paid. Every number plate of a permanent nature for use
4 with a removable date tag which shall be issued shall remain the proper-
5 ty of the state unless and until the commissioner finds that the state
6 no longer has use for it. Number plates belonging to the state shall be
7 under the control of the commissioner.
8 9. (a) In addition to the penalties set forth in subdivision eight of
9 this section, whenever any police officer, or in a city having a popu-
10 lation in excess of one million any person designated by the commission-
11 er of traffic of such city, or on highways under the jurisdiction of the
12 New York state thruway authority, the office of parks and recreation, a
13 county park commission, a parkway authority, a bridge authority or a
14 bridge and tunnel authority any person designated by such office,
15 commission or authority, finds a vehicle which is in violation of the
16 provisions of this section such officer is hereby authorized to provide
17 for the removal of such vehicle, semitrailer or trailer to a garage,
18 automobile pound or other place of safety, or to attach a mechanical
19 device to the wheel or tire of such vehicle to prevent its usual manner
20 of movement provided that such act is done by a person licensed to do so
21 in accordance with any other applicable provision of law.
22 (b) The owner or other person lawfully entitled to the possession of
23 such vehicle may be charged with any reasonable costs including removal
24 and storage, payable before the vehicle is released.
25 § 5. The subdivision heading and paragraph (a) of subdivision 4-h of
26 section 510 of the vehicle and traffic law, as added by section 5 of
27 subpart A of part WW of chapter 56 of the laws of 2024, are amended to
28 read as follows:
29 Suspension of registration for covering license plates with a license
30 plate cover or material appearing to be a number plate [or], obscuring
31 license plates with any material or substance, displaying an improper
32 plate or forgery of a vehicle identification number. (a) Upon receipt of
33 a notification from a court or an administrative tribunal that an owner
34 of a motor vehicle has been convicted three or more times within a peri-
35 od of five years of a violation of paragraph (a) or subparagraph (ii),
36 (ii-a) or (iii) of paragraph (b) of subdivision one of section four
37 hundred two of this chapter or section 170.65 of the penal law, not
38 arising out of the same incident, the commissioner or the commissioner's
39 agent may suspend the registration of the motor vehicle involved in such
40 violation for a period of ninety days. The commissioner may, in the
41 commissioner's discretion, deny a registration or renewal application to
42 any other person for the same vehicle and may deny a registration or
43 renewal application for any other motor vehicle registered in the name
44 of the applicant where the commissioner has determined that such regis-
45 trant's intent has been to evade the purposes of this paragraph and
46 where the commissioner has reasonable grounds to believe that such
47 registration or renewal will have the effect of defeating the purposes
48 of this paragraph. Such denial shall remain in effect only as long as
49 the suspension entered pursuant to this paragraph remains in effect.
50 § 6. Section 402-b of the vehicle and traffic law, as added by section
51 4 of subpart A of part WW of chapter 56 of the laws of 2024, is amended
52 to read as follows:
53 § 402-b. Obscured and obstructed license plates or vehicle identifica-
54 tion numbers. 1. If any vehicle is driven [or], operated or parked on a
55 public highway in violation of subparagraph (ii), (ii-a), or (iii) of
56 paragraph (b) of subdivision one of section four hundred two of this
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1 article, or section 170.65 of the penal law, and is committed in their
2 presence, a police officer, as defined in section one hundred thirty-two
3 of this chapter, shall be authorized to take such actions as may be
4 required or permitted by the provisions of this section.
5 2. If the vehicle is being driven [or], operated or parked in
6 violation of subparagraph (ii), (ii-a) or (iii) of paragraph (b) of
7 subdivision one of section four hundred two of this article, or section
8 170.65 of the penal law, such officer shall issue a summons[, provided,
9 however, that a summons shall not be issued if, in the discretion and at
10 the request of such officer, the defect is corrected in the presence of
11 such officer. The refusal of a police officer to permit the repair of
12 any defect in their presence shall not be reviewable, and shall not be a
13 defense to any violation charged in a summons issued pursuant to the
14 provisions of this section] and confiscate any instrument used in
15 connection with the violation. A vehicle bearing a temporary registra-
16 tion or indicia of a registration issued by a foreign country, state,
17 territory or federal district, or by an agent thereof, shall be presump-
18 tive evidence of a violation. Such summons shall be issued irrespective
19 of any correction of the defect in the presence of the officer.
20 3. Any complaint issued for any violation of subparagraph (ii), (ii-a)
21 or (iii) of paragraph (b) of subdivision one of section four hundred two
22 of this article may be dismissed by the court before which the summons
23 is returnable if the violation as set forth in the summons is corrected
24 not later than one-half hour after sunset on the first full business day
25 after the issuance of the summons and proof of such correction is
26 submitted to the court or administrative tribunal. For the purposes of
27 this subdivision, "business day" shall mean any calendar day except
28 Saturday and Sunday, or the following business holidays: New Year's Day,
29 Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colum-
30 bus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
31 § 7. Paragraph (b) of subdivision 1 of section 1.20 of the criminal
32 procedure law, as added by chapter 450 of the laws of 2019, is amended
33 to read as follows:
34 (b) an appearance ticket issued for a parking infraction when (i) such
35 ticket is based on personal knowledge or information and belief of the
36 police officer or other public servant who issues the ticket, (ii) the
37 police officer or other public servant who issues such ticket verifies
38 that false statements made therein are punishable as a class A misdemea-
39 nor, (iii) the infraction or infractions contained therein are stated in
40 detail and not in conclusory terms so as to provide the defendant with
41 sufficient notice including, but not limited, to the applicable
42 provision of law allegedly violated, and the date, time and particular
43 place of the alleged infraction, and (iv) such ticket contains: (1) the
44 license plate designation of the ticketed vehicle, (2) the license plate
45 type of the ticketed vehicle, (3) the expiration of the ticketed vehi-
46 cle's registration, (4) the make or model of the ticketed vehicle, and
47 (5) the [body type] vehicle identification number of the ticketed vehi-
48 cle, provided, however, that where the plate type or the expiration date
49 are not shown on either the registration plates or sticker of a vehicle
50 or where the registration sticker or vehicle identification number is
51 covered, faded, defaced or mutilated so that it is unreadable, the plate
52 type [or], the expiration date or the vehicle identification number may
53 be omitted, provided, further, however, that such condition must be so
54 described and inserted on the instrument.
55 § 8. Section 422 of the vehicle and traffic law, as amended by chapter
56 726 of the laws of 1983, is amended to read as follows:
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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-
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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.
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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.
