Bill Text: NY A00394 | 2021-2022 | General Assembly | Amended

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Bill Title: Prohibits retail dealers of second hand motor vehicles from selling a motor vehicle which is subject to federal motor vehicle safety standards for inflatable restraint systems unless such vehicle is equipped with an inflatable restraint system which conforms to the federal motor vehicle safety standard applicable to that vehicle and a readiness indicator light indicating a functioning inflatable restraint system.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-06-10 - substituted by s1834a [A00394 Detail]

Download: New_York-2021-A00394-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         394--A
                                                                Cal. No. 284

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by M. of A. ZEBROWSKI, JACOBSON -- read once and referred to
          the Committee on  Transportation  --  reported  and  referred  to  the
          Committee  on  Codes  --  reported from committee, advanced to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the
          order of third reading

        AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
          retail dealers of second hand motor vehicles from selling motor  vehi-
          cles required to contain an inflatable restraint system by the federal
          motor  vehicle  safety standard applicable to that vehicle unless such
          vehicle is equipped with an inflatable restraint system which conforms
          to the federal motor vehicle safety standard applicable to that  vehi-
          cle

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "Anthony
     2  Amoros' law".
     3    § 2. Section 417 of the vehicle and traffic law, as amended by chapter
     4  206  of  the laws of 1979, the closing paragraph as added by chapter 469
     5  of the laws of 1994, is amended to read as follows:
     6    § 417. Certificates by retail dealers on sales of  second  hand  motor
     7  vehicles.  Upon  the sale or transfer of title by a retail dealer of any
     8  second hand motor vehicle, intended for use by the buyer, his  agent  or
     9  representative  upon  the  public highways, the vendor shall execute and
    10  deliver to the vendee an instrument in writing, in a form prescribed  by
    11  the  commissioner, in which shall be given the make, year of manufacture
    12  and identification number of  the  said  motor  vehicle,  the  name  and
    13  address  of  the  vendee,  and  the date of delivery to the vendee. Such
    14  notice shall also  contain  a  certification  that  said  motor  vehicle
    15  complies with such requirements of this chapter as shall be specified by
    16  the commissioner and that it is in condition and repair to render, under

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04368-02-1
        A. 394--A                           2

     1  normal use, satisfactory and adequate service upon the public highway at
     2  the  time  of delivery. It shall also certify that such vehicle complies
     3  with the equipment requirements in section four  hundred  nineteen-a  of
     4  this article.
     5    The  failure  of  the  vendor to deliver to the vendee the certificate
     6  required by this section or delivery of a false certificate knowing  the
     7  same  to  be  false  or  misleading  or  without  making  an appropriate
     8  inspection to determine whether the contents  of  such  certificate  are
     9  true  shall  constitute  a  violation of this section. The delivery of a
    10  false certificate shall raise  presumption  that  such  certificate  was
    11  issued without an appropriate inspection.
    12    This  section  shall  not  apply  to  a motor vehicle transferred to a
    13  lessee, a family member of a lessee, or an employee of a lessee, who has
    14  had possession of the vehicle for a period of one hundred twenty days or
    15  more under a lease.
    16    § 3. The vehicle and traffic law is amended by adding  a  new  section
    17  419-a to read as follows:
    18    § 419-a. Inflatable restraint system, required equipment upon sale. No
    19  retail  dealer  may sell a second hand motor vehicle which is subject to
    20  federal motor vehicle safety standards for inflatable restraint  systems
    21  as  provided  in  part  571.208 of title 49 of the code of federal regu-
    22  lations, unless such vehicle is equipped with  an  inflatable  restraint
    23  system  which  conforms  to  such  federal motor vehicle safety standard
    24  applicable to that vehicle and the readiness indicator  light  does  not
    25  indicate a malfunction of the inflatable restraint system.
    26    §  4.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law. Effective immediately, the addition, amendment and/or
    28  repeal of any rule or regulation necessary  for  the  implementation  of
    29  this  act  on its effective date are authorized to be made and completed
    30  on or before such effective date.