Sec. 81.14. Records

(a) Insurance companies.

An insurance company must keep a record of all junk and salvage vehicles which come into its possession, together with a record of the disposition of such vehicles. The MV-907A (file copy) may be used for this purpose. An insurance company must be able to produce the MV-907A (file copy) and the required information using only the vehicle identification number or the name of its insured.

(b) Vehicle dismantlers and itinerant vehicle collectors.

(1) Vehicles.

(i) Except as provided in subparagraph (ii) of this paragraph, a vehicle dismantler shall use the MV-907A (transfer copy) as the record for a junk and salvage vehicle. This record must be supplemented by a permanently bound book with consecutively numbered pages which shall serve as an index to the MV-907A (transfer copy) which is being used as a record. This index must contain the stock number of the vehicle, the vehicle identification number, the MV-907A number, and the name (and identification number, if appropriate) of the person from whom the vehicle was purchased. If the vehicle is later sold, an MV-907A (file copy) must be used in place of the MV-907A (transfer copy) which is needed to transfer the vehicle. All of the information contained on the transfer copy must appear on the file copy.

(ii) A vehicle dismantler may use a recordkeeping system which is different from that provided in subparagraph (i) of this paragraph, provided that such system is approved by the department. A system will not be approved unless it includes a chronological index which provides sufficient safeguards against subsequent alterations.

(iii) An itinerant vehicle collector must maintain a book of registry for all junk and salvage vehicles acquired or sold by him. The book must be permanently bound with consecutively numbered pages and must contain the following information: the date the vehicle was acquired, the date such vehicle was sold, the name and address of the person from whom the vehicle was acquired, type of proof of ownership, the name and address and identification number of the scrap processor or vehicle dismantler to whom the vehicle was sold. The receipt obtained from the scrap processor or vehicle dismantler must also be retained. An itinerant vehicle collector shall maintain file copies of all MV-907A forms for three years.

(iv) Major component parts. Unless a different recordkeeping system has been approved by the commissioner, transfers of major component parts which were previously attached to a junk and salvage vehicle held by a vehicle dismantler must be noted on the MV-907A (transfer or file copy) which is being used as the record for such vehicle. In addition, an invoice or bill of sale must be used in such transfer and a copy must be filed by the vehicle dismantler.

(2) Major component parts not acquired as part of a junk and salvage vehicle.

(i) Vehicle dismantlers must maintain a book of registry pertaining to the sale and acquisition of major component parts not acquired as part of a junk and salvage vehicle. This book must be permanently bound with consecutively numbered pages and contain the following information: the date such part was acquired, the date such part was sold, the part identification number, if any, the stock number of such part, and the names of the persons from whom such part was acquired and to whom such part was sold. Proof of ownership and copies of all bills of sale or invoices used in connection with the purchase and sale of any major component part must be filed by the vehicle dismantler.

(ii) A vehicle dismantler may use a recordkeeping system which is different from that provided for in subparagraph (i) of this paragraph, provided that such system is approved by the department. A system will not be approved unless it includes a chronological index which provides sufficient safeguards against subsequent alterations.

(3) No records need to be kept for a motorcycle, a passenger vehicle which was manufactured with a seating capacity of 14 or fewer passengers, plus driver, or truck with a manufacturer's gross vehicle weight rating of 18,000 pounds or less or a separately acquired major component part from such a vehicle if the vehicle or part is acquired when it is 10 or more calendar years old.

(c) Mobile car crusher.

A mobile car crusher shall maintain a bound book with consecutively numbered pages which shall contain the following information: the vehicle identification number of any vehicle crushed, the person who owned the vehicle at the time it was crushed and the date the vehicle was crushed. Provided, that a mobile car crusher does not need to keep records for vehicles owned by a registered vehicle dismantler, which are crushed and left on the premises of that registered vehicle dismantler.

(d) Salvage pool.

A salvage pool shall maintain a bound book with consecutively numbered pages which shall contain the following information: the date possession of such vehicle was obtained, the date such vehicle was sold, the person to whom it was sold, the vehicle identification number of the vehicle and the person who sold the vehicle.

(e) Vehicle rebuilder.

A vehicle rebuilder who is not a registered vehicle dismantler must keep records in the manner prescribed in subdivision (b) of this section.

(f) Scrap collectors.

A scrap collector is required to keep a record of the names and addresses of the parties from whom he picks up vehicular scrap.

(g) Scrap processors.

A scrap processor is required to keep a record of the name, address and identification number of the party from whom vehicles and major component parts were acquired, together with either a description and number of such vehicles and parts or the weight of the acquisition. These recordkeeping requirements shall not apply to a major component part included in a mixed load, which is a load consisting of more than 50 percent of nonvehicular scrap.

(h) Retention period.

Except for proofs of ownership required to be submitted to the Department of Motor Vehicles or required to be given to the transferee, all required records must be kept for a period of at least five years from the time the vehicle or major component part has left the possession of any person required to keep records pursuant to this section. However, no records shall be required to be kept for a vehicle or major component part which has left the possession of any person required to keep records if the vehicle or major component part is 10 or more model years old.

(i) Examination of records.

The records and premises of any person who is registered or certified pursuant to the provisions of this Part shall be subject to examination and inspection as provided in section 415-a of the Vehicle and Traffic Law.

(j) Miscellaneous.

(1) All recordkeeping entries required to be made pursuant to this section shall be made prior to the close of the business day following the day the transaction occurred, except that insurance companies shall be permitted five business days following each transaction to make the recordkeeping entries required by this section.

(2) All recordkeeping entries made in any bound book or index as required in this section shall be made in chronological order and there shall be no gaps or spaces between entries.

(3) If a vehicle for which an MV-907A has been filed, has been destroyed or if no further use is intended to be made of the MV-907A (transfer copy), such MV-907A (transfer copy) shall be kept with the MV-907A (file copy), if any.

(k) No registered business shall issue a false document or make a false entry in its records.