BILL NUMBER: S9876
SPONSOR: MATTERA
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to establishing
a penalty for interfering with the repossession of certain vehicles
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the vehicle and traffic law, in relation to establishing a
penalty for interfering with the repossession of certain vehicles.
 
SUMMARY OF PROVISIONS:
Section 1. Section 425 of the vehicle and traffic law, the section 2
heading and subdivision 2 as amended by chapter 183 of the laws of 1973
3 and subdivision 1 as amended by chapter 473 of the laws of 2018, is
amended to read as follows:(a)"Collateral" shall mean a motor vehicle or
motorcycle being repossessed pursuant to the provisions of article nine
of the uniform commercial code, or other authority of law.(b) "Reposses-
sor" shall mean any person, firm or corporation, or agent, employee or
representative thereof, repossessing or retaking collateral pursuant to
the provisions of article nine of the uniform commercial code, or other
authority of law, or any contractor agreement.(c) "Repossession is
complete" shall mean:(i)the repossessor gaining entry to the collater-
al;(ii)the collateral becoming connected to the tow truck or the
repossessor's tow vehicle; (iii) the repossessor moving the entire
collateral present; or (iv)the repossessor gaining control of the colla-
teral.
4. No person shall interfere with the transport of collateral to a stor-
age facility, auction, or dealer by any repossessor once repossession is
complete. A violation of this paragraph shall be punishable by a fine
not to exceed two hundred fifty dollars.
 
JUSTIFICATION:
This legislation will allow the repossessor to complete the lawful
repossession process efficiently and safely without causing harm to the
"owner" of the vehicle or a bystander who attempts to interfere with the
transaction. It has been noted by repossessors that individuals will
attempt to stop the repossession by any means possible such as but not
limited to sitting on top of the vehicle, putting children inside the
vehicle, or blocking the tow truck from connecting to the vehicle. Any
interfere with a repossession will be punishable with a fine up to
$250.00.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.