N.Y. General Business Law 398-A – Shipment of motor vehicles outside the continental United States
§ 398-a. Shipment of motor vehicles outside the continental United States. 1. No person whose business involves the preparation of the shipping order or dock receipt or bill of lading or other export papers for the transportation by water of a motor vehicle outside the continental United States shall prepare such export papers unless he receives from the person sending such motor vehicle outside the continental United States a photocopy or other facsimile of a transfer of registration or other proof of ownership for such motor vehicle indicating thereon the identification number of such vehicle. Upon receipt of such document, said person shall determine that the motor vehicle to be transported outside the continental United States is the same vehicle described in such proof of ownership and shall certify such fact upon the copy of the shipping order, dock receipt, bill of lading or other export paper for such vehicle which he retains for his records. The person who prepares such export papers for the transportation of a motor vehicle outside the continental United States shall maintain on file for a period of three years the photocopy or other facsimile of such transfer of registration or other proof of ownership together with the appropriate shipping order, dock receipt, bill of lading or other export paper. This section shall not apply to a motor vehicle which the manufacturer thereof or a duly authorized dealer has never sold to a purchaser for the purpose of use rather than of resale.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $1,000 |
Terms Used In N.Y. General Business Law 398-A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. If a motor vehicle delivered for export does not correspond with the proof of ownership presented for such vehicle, such facts shall be immediately made known to the appropriate police department or other law enforcement agency.
3. The person who prepares such export papers for the transportation of a motor vehicle outside the continental United States shall, at least forty-eight hours prior to the time the motor vehicle is shipped, furnish to the police department in whose jurisdiction the point of shipment lies and if there is no police department at that place to the superintendent of state police at Albany, a description and identification of the motor vehicle listing its make, year manufactured, model, color and vehicle identification number or special vehicle identification number designated by the commissioner of motor vehicles.
4. A police officer may at all reasonable times examine and inspect all files and records relating to the shipment of such vehicle which are in the custody of the shipper or of the person who prepares the export papers.
5. Any person who shall violate, aid and abet the violation of, or conspire or attempt to violate this section shall be guilty of a Class A misdemeanor.