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Historical Note
Part renum. Part 105, new filed Feb. 18, 1970;
repealed, new filed Aug. 23, 1974; repealed,
new (§§104.1-104.7) filed Oct.
21, 1983 eff. Nov. 1, 1983.
§ 104.1 Definitions.
For purposes of this Part, the following definitions
shall apply:
- Abandoned vehicle. Any motor vehicle which is allowed to stand unattended by an operator upon the Thruway right-of-way with no number plates affixed thereto for more than two hours, or with number plates affixed thereto for more than four hours, without a valid parking permit, shall be deemed to have been abandoned by the owner thereof, regardless of who so abandoned such vehicle. Any vehicle so abandoned is hereby declared to be a public nuisance, except that such designation shall not apply to a disabled vehicle where the operator thereof has duly reported the disablement to the State Police or to an employee of the Thruway Authority and provided, further, that satisfactory arrangements have been made for repair within 12 hours.
- Authorized garage. An independent off-Thruway garage that is assigned the towing, winching and repair responsibility on a given section of the Thruway system, having in its possession a duly executed letter of authorization issued by the Thruway Authority.
Historical Note
Sec. renum. 105.1, new filed Feb. 18, 1970;
repealed, new filed: Aug. 23, 1974; Oct.
21, 1983 eff. Nov. 1, 1983.
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§ 104.2 Violation.
Any such abandonment of motor vehicle shall
constitute a violation of this Part by the
operator and owner thereof and shall be subject
to the penalties prescribed by law.
Historical Note
Sec. renum. 105.2, new filed Feb. 18, 1970;
repealed, new filed: Aug. 23, 1974; Oct.
21, 1983 eff. Nov. 1, 1983.
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§ 104.3 Removal
of abandoned vehicles.
Any abandoned vehicle shall be removed from
the right-of-way by an authorized garage
or other agency designated by the Thruway
Authority.
Historical Note
Sec. renum. 105.3, new filed Feb. 18, 1970;
repealed, new filed: Aug. 23, 1974; Oct.
21, 1983 eff. Nov. 1, 1983.
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§ 104.4 Redemption, disposition and sale
of abandoned vehicles.
- Except for vehicles governed by section 104.5 of this Part, the Thruway Authority shall make an inquiry concerning the last known owner of such vehicle as follows:
- abandoned vehicle with number plates affixed-to the jurisdiction which issued such number plates;
- abandoned vehicle with no number plates affixed-to the New York State Department of Motor Vehicles.
- The Thruway Authority shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after ten days from the date such notice was given. If as a result of the inquiry made pursuant to subdivision (a) of this section, the Thruway Authority is notified that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay or make reimbursement, as the case may be, for the costs of removal, storage and disposition of such vehicle.
Historical Note
Sec. renum. 105.4, new filed Feb. 18, 1970; repealed, new filed Aug. 23, 1974; amd. filed April 2, 1975; repealed, new filed Oct. 21, 1983 eff. Nov. 1, 1983.
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§ 104.5
Vesting of title to abandoned vehicle.
Title to an abandoned vehicle shall immediately
vest in the Thruway Authority if, at the time
of abandonment, taking into consideration the
condition of vehicle, it has a wholesale value,
as set forth in section
1224(2) of the Vehicle and Traffic Law, and it has no number plates
affixed. Title to all other abandoned vehicles,
if unclaimed, shall vest in the Thruway Authority
10 days from the date such notice is given; or
if the last known owner cannot be ascertained,
when notice of such fact is received.
Historical Note
Sec. renum. 105.5, new filed Feb. 18, 1970;
repealed, new filed Aug. 23, 1974; amd. filed
April 2, 1975; repealed, new filed Oct. 21,
1983 eff. Nov. 1, 1983.
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§ 104.6 Proceeds
from sale of abandoned vehicle.
Any proceeds from the sale of an abandoned
vehicle, less any expenses incurred by the
Thruway Authority, shall be held by the Thruway
Authority, without interest, for the benefit
of the owner of such vehicle for a period of
one year. If not claimed within such one-year
period such proceeds shall be paid into the
general fund of the Thruway Authority.
Historical Note
Sec. renum. 105.6, new filed Feb. 18, 1970;
repealed, new filed Aug. 23, 1974; amd. filed
April 2, 1975; repealed, new filed Oct. 21,
1983 eff. Nov. 1, 1983.
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§ 104.7 Costs
of removal.
The last known owner of an abandoned vehicle
shall be liable to the Thruway Authority
for the costs of removal, storage and disposition
of such vehicle.
Historical Note
Sec. renum. 105.7, new filed Feb. 18, 1970;
repealed, new filed: Aug. 23, 1974; Oct.
21, 1983 eff. Nov. 1, 1983.
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§ 104.8 (Repealed)
Historical Note
Sec. filed Feb. 18, 1970; repealed, new filed
Aug. 23, 1974; amd. filed April 2, 1975;
repealed, filed Oct. 21, 1983 eff. Nov. 1,
1983.
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