Section 19-529.2. Seizure of commuter vans  


Latest version.
  • a. A police officer or agent of
      the commission may, upon service of a notice of violation upon the owner
      or operator of a commuter van, seize a vehicle which such police officer
      or agent of the commission has reasonable  cause  to  believe  is  being
      operated  as  a  commuter van service by or on behalf of a person who is
      not operating pursuant to a current, valid authorization or operating as
      a commuter van without a  commuter  van  license  as  required  by  this
      chapter.  All  passengers  in  any  seized  vehicle  shall be left in or
      transported to a location which is readily accessible to other means  of
      public transportation. Any vehicle seized pursuant to this section shall
      be delivered into the custody of the city.
        b.  Within one business day after the seizure of a vehicle pursuant to
      this section, notice of such  seizure  and  a  copy  of  the  notice  of
      violation  shall  be  mailed to the owner of such vehicle at the address
      for such owner set forth in the records maintained by the New York state
      department of motor vehicles, or, for vehicles  not  registered  in  New
      York state, such equivalent record in such state of registration.
        c.  A hearing to adjudicate the violation underlying the seizure shall
      be held before the commission  or  an  administrative  tribunal  thereof
      within  five business days after the date of the seizure. The commission
      or an administrative tribunal thereof shall, within one business day  of
      the  conclusion of the hearing, render a determination as to whether the
      vehicle has been operated by or on behalf of a person  who  is  not  the
      holder  of a current, valid authorization or has been operated without a
      commuter van vehicle license required by this chapter.
        d. An owner shall be eligible to obtain release of the  vehicle  prior
      to such hearing if such owner has not previously been found liable in an
      administrative  or  judicial  proceeding  for  operating  a vehicle as a
      commuter van service without a current, valid authorization or operating
      a commuter van without a  commuter  van  license  as  required  by  this
      chapter,  which  violation was committed within a five year period prior
      to the violation resulting in the seizure. The vehicle shall be released
      to an eligible owner upon the posting of a bond in a  form  satisfactory
      to  the  commission in an amount that shall not exceed the maximum civil
      penalties which may be imposed for the violation underlying the  seizure
      and all reasonable costs for removal and storage of such vehicle.
        e.  Where  the commission or an administrative tribunal thereof, after
      adjudication of the violation underlying the seizure,  shall  find  that
      the  vehicle  has  been  operated as a commuter van by or on behalf of a
      person who is not the  holder  of  a  current,  valid  authorization  or
      operated as a commuter van without a commuter van license:
        (1)  if  the  vehicle is not subject to forfeiture pursuant to section
      19-529.3 of this chapter, the commission shall release such  vehicle  to
      an  owner  upon  payment  of  the  applicable  civil  penalties  and all
      reasonable removal and storage costs; or
        (2) if the vehicle  is  subject  to  forfeiture  pursuant  to  section
      19-529.3  of this chapter, the commission may release such vehicle to an
      owner upon payment of the applicable civil penalties and all  reasonable
      removal  and storage costs, or may commence a forfeiture action pursuant
      to section 19-529.3 of this chapter within ten days  after  the  owner's
      written demand for such vehicle.
        f.  Where  the commission or an administrative tribunal thereof, after
      adjudication of the violation underlying the  seizure,  finds  that  the
      charge of operating without an authorization or commuter van license has
      not been sustained, the vehicle shall be released to the owner.
        If  an owner or representative of such owner has not sought to reclaim
      a seized vehicle within thirty days after  mailing  of  notice  to  such
      owner of the final adjudication by the commission or such administrative
    
      tribunal  of the violation underlying the seizure, such vehicle shall be
      deemed by the commission to be abandoned. Such vehicle shall be disposed
      of by the city pursuant to section twelve  hundred  twenty-four  of  the
      vehicle  and  traffic  law;  provided, however, that notwithstanding any
      inconsistent provision of section twelve  hundred  twenty-four  of  such
      law,  if  an  owner  seeks  to  reclaim such vehicle pursuant to section
      twelve hundred twenty-four of such law, such owner shall  be  deemed  to
      have  made  a  written  demand for such vehicle and the commission shall
      take such action as may be authorized by subdivision  e  or  f  of  this
      section.