Bill Text: NY A04298 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the definition and registration of mobility dealers.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2012-06-15 - print number 4298d [A04298 Detail]
Download: New_York-2011-A04298-Amended.html
Bill Title: Relates to the definition and registration of mobility dealers.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2012-06-15 - print number 4298d [A04298 Detail]
Download: New_York-2011-A04298-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2913--A A. 4298--A
Cal. No. 132
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
February 3, 2011
___________
IN SENATE -- Introduced by Sens. MAZIARZ, PERKINS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. PERRY, REILICH, ROBINSON, WEISEN-
BERG -- Multi-Sponsored by -- M. of A. ABINANTI, GIBSON, HIKIND,
McDONOUGH, ORTIZ, P. RIVERA -- read once and referred to the Committee
on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to mobility
dealers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs a, f and i of subdivision 1 of section 415 of
2 the vehicle and traffic law, as amended by chapter 7 of the laws of
3 2000, are amended and five new paragraphs k, l, m, n and o are added to
4 read as follows:
5 a. "Dealer" means a person engaged in the business of buying, selling
6 or dealing in motor vehicles, motorcycles or trailers, other than mobile
7 homes or manufactured homes, at retail or wholesale; except, however,
8 trailers with an unladen weight of less than one thousand pounds. For
9 the purposes of this section, a "mobile home" or "manufactured home"
10 means a mobile home or manufactured home as defined in section one
11 hundred twenty-two-c of this chapter. Any person who sells, or offers
12 for sale more than five motor vehicles, motorcycles or trailers in any
13 calendar year or who displays or permits the display of three or more
14 motor vehicles, motorcycles or trailers for sale at any one time or
15 within any one calendar month upon premises owned or controlled by him
16 OR HER, if such vehicles were purchased, acquired or otherwise obtained
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04356-02-1
S. 2913--A 2 A. 4298--A
1 by such person for the purpose of resale, will be regarded as a dealer.
2 Except as otherwise provided in subdivisions three, five, six-b, and
3 seven of this section, the term "dealer" shall include a "new motor
4 vehicle dealer" as defined by paragraph f of this subdivision, A "MOBIL-
5 ITY DEALER" AS DEFINED BY PARAGRAPH K OF THIS SUBDIVISION, and a "quali-
6 fied dealer" as defined in paragraph g of this subdivision.
7 f. "New motor vehicle dealer" means a dealer who engages in the activ-
8 ities described in paragraph a of this subdivision if such activities
9 relate to new motor vehicles and if such dealer is party to a franchise,
10 as the terms "new motor vehicle" and "franchise" are defined in section
11 four hundred sixty-two of this title; provided, however, for purposes of
12 this definition, a new motor vehicle shall include only those motor
13 vehicles commonly classified as a passenger automobile, sport utility
14 vehicle, light truck, pickup truck, van, minivan, or suburban, with a
15 gross vehicle weight rating of ten thousand pounds or less, and shall
16 not include (i) any such vehicle which has been converted for use as a
17 tow truck[,] OR MOBILITY VEHICLE or (ii) a motor vehicle for which the
18 current ownership document is a statement of acquisition issued pursuant
19 to section four hundred twenty-nine of this title, a salvage certif-
20 icate, salvage certificate of title, nonrepairable certificate, or simi-
21 lar document issued by any state or jurisdiction; or (iii) any motor
22 vehicle commonly classified as a bus, school bus, garbage truck, marine
23 trailer, tow truck, MOBILITY VEHICLE, motorcycle, recreational vehicle,
24 snowmobile, trailer, mobile home or construction equipment; and provided
25 further that a dealer is a new motor vehicle dealer only with respect to
26 those vehicles which are of the same make as those which that dealer is
27 authorized to sell at that location pursuant to a valid franchise agree-
28 ment.
29 i. "Used motor vehicle" means any vehicle not included in the defi-
30 nition of a new motor vehicle. Provided, however, that such term as used
31 in paragraph g of this subdivision shall include only those motor vehi-
32 cles commonly classified as a passenger automobile, sport utility vehi-
33 cle, light truck, pick up truck, van, minivan or suburban, with a gross
34 vehicle weight rating of ten thousand pounds or less, which (i) is not
35 deemed to be a "new motor vehicle" pursuant to paragraph h of this
36 subdivision, or (ii) has not been converted for use as a tow truck[,] OR
37 MOBILITY VEHICLE or (iii) is not commonly classified as a bus, school
38 bus, garbage truck, marine trailer, tow truck, MOBILITY VEHICLE motor-
39 cycle, recreational vehicle, snowmobile, trailer, mobile home, or
40 construction equipment.
41 K. (I) "MOBILITY DEALER" MEANS A PERSON WHO DISPLAYS FOR SALE, ADVER-
42 TISES FOR SALE, OR OFFERS FOR SALE MORE THAN FIVE MOBILITY VEHICLES IN
43 ANY CALENDAR YEAR OR WHO DISPLAYS OR PERMITS THE DISPLAY OF THREE OF
44 MORE MOBILITY VEHICLES AT ANY ONE TIME OR WITHIN ANY ONE CALENDAR MONTH
45 UPON PREMISES OWNED OR CONTROLLED BY HIM OR HER, REGARDLESS OF THE
46 OWNERSHIP OF SUCH MOBILITY VEHICLES; OR
47 (II) MOBILITY DEALER DOES NOT INCLUDE ANY OF THE FOLLOWING:
48 (A) RECEIVERS, TRUSTEES, ADMINISTRATORS, EXECUTORS, GUARDIANS OR OTHER
49 PERSONS APPOINTED BY OR ACTING UNDER THE JUDGMENT OR ORDER OF ANY COURT;
50 (B) PUBLIC OFFICERS WHILE PERFORMING THEIR OFFICIAL DUTIES;
51 (C) PERSONS DISPOSING OF MOTOR VEHICLES ACQUIRED FOR THEIR OWN USE OR
52 FOR THE USE OF A FAMILY MEMBER, AND ACTUALLY SO USED, WHEN THE VEHICLES
53 HAVE BEEN ACQUIRED AND USED IN GOOD FAITH AND NOT FOR THE PURPOSES OF
54 AVOIDING THE PROVISIONS OF THIS SECTION;
55 (D) FINANCIAL INSTITUTIONS WHO SELL REPOSSESSED MOBILITY VEHICLES;
S. 2913--A 3 A. 4298--A
1 (E) INSURANCE COMPANIES WHO RESELL MOBILITY VEHICLES THAT THEY
2 ACQUIRED IN THE COURSE OF BUSINESS.
3 L. "MOBILITY EQUIPMENT" MEANS MECHANICAL OR ELECTRONIC DEVICES, PARTS
4 OR ACCESSORIES SPECIFICALLY DESIGNED TO FACILITATE THE USE OF A MOTOR
5 VEHICLE BY AN AGING OR DISABLED PERSON AS INTERPRETED BY THE NATIONAL
6 HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND WHICH ARE PERMANENTLY ATTACHED
7 TO OR INCORPORATED IN THE VEHICLE.
8 M. "MOBILITY VEHICLE" MEANS A NEW OR USED MOTOR VEHICLE THAT IS
9 SPECIALLY DESIGNED AND EQUIPPED TO TRANSPORT A PERSON WITH A DISABILITY
10 (AS INTERPRETED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION)
11 AND THAT:
12 (I) IS DESIGNED AND BUILT OR MODIFIED TO ALLOW VEHICLE INGRESS AND
13 EGRESS FOR A PERSON IN A WHEELCHAIR OR SCOOTER; AND
14 (II) CONTAINS AT LEAST ONE OF THE FOLLOWING:
15 (A) AN ELECTRONIC OR MECHANICAL WHEELCHAIR, SCOOTER, OR PLATFORM LIFT
16 THAT ENABLES A PERSON TO ENTER OR EXIT THE VEHICLE WHILE OCCUPYING A
17 WHEELCHAIR OR SCOOTER;
18 (B) AN ELECTRONIC OR MECHANICAL WHEELCHAIR RAMP; OR
19 (C) A SYSTEM TO SECURE A WHEELCHAIR OR SCOOTER TO ALLOW FOR A PERSON
20 TO BE SAFELY TRANSPORTED WHILE OCCUPYING THE WHEELCHAIR OR SCOOTER, THAT
21 IS INSTALLED AS AN INTEGRAL PART OR PERMANENT ATTACHMENT TO THE MOTOR
22 VEHICLE'S CHASSIS.
23 N. "NEW MOBILITY VEHICLE" MEANS A MOBILITY VEHICLE THAT IS ALSO A NEW
24 MOTOR VEHICLE.
25 O. "USED MOBILITY VEHICLE" MEANS A MOBILITY VEHICLE THAT IS NOT A NEW
26 MOBILITY VEHICLE.
27 S 2. The opening paragraph and paragraph c of subdivision 3 of section
28 415 of the vehicle and traffic law, as amended by chapter 7 of the laws
29 of 2000, are amended and a new paragraph b-1 is added to read as
30 follows:
31 Registration of new motor vehicle dealers, MOBILITY DEALERS, qualified
32 dealers, and other motor vehicle dealers.
33 B-1. NO PERSON SHALL ENGAGE IN BUSINESS AS A MOBILITY DEALER, OR
34 REPRESENT, ADVERTISE, OR OTHERWISE HOLD HIMSELF OR HERSELF OUT AS
35 ENGAGED OR INTENDING TO ENGAGE IN THE BUSINESS OF SELLING, DISPLAYING,
36 OFFERING, ADVERTISING OR INVENTORYING MOBILITY VEHICLES IN THIS STATE,
37 UNLESS THERE SHALL HAVE BEEN ISSUED TO HIM OR HER, A CERTIFICATE OF
38 REGISTRATION AS A MOBILITY DEALER AS PROVIDED IN THIS SUBDIVISION AND
39 SUBDIVISION SEVEN OF THIS SECTION. PROVIDED, HOWEVER, THAT A REGISTERED
40 NEW MOTOR VEHICLE DEALER OR QUALIFIED DEALER MAY ENGAGE IN BUSINESS AS A
41 MOBILITY DEALER, OR REPRESENT, ADVERTISE, OR OTHERWISE HOLD HIMSELF OR
42 HERSELF OUT AS ENGAGED OR INTENDING TO ENGAGE IN THE BUSINESS OF SELL-
43 ING, DISPLAYING, OFFERING, ADVERTISING OR INVENTORYING MOBILITY VEHICLES
44 IN THIS STATE, WITHOUT HAVING BEEN ISSUED TO HIM OR HER, A CERTIFICATE
45 OF REGISTRATION AS A MOBILITY DEALER.
46 c. The issuance of such certificate of registration to a new motor
47 vehicle dealer, a qualified dealer, MOBILITY DEALER or other motor vehi-
48 cle dealer shall be deemed to include the right to operate motor vehi-
49 cles, motorcycles and trailers to the extent permitted by subdivision
50 eight of this section, instead of obtaining vehicle registration as
51 provided by sections four hundred one and four hundred ten of this
52 title. The provisions of this section shall not apply to persons engaged
53 in the business of buying, selling or dealing in snowmobiles and/or snow
54 travellers.
S. 2913--A 4 A. 4298--A
1 S 3. The opening paragraph and paragraph a of subdivision 6-b of
2 section 415 of the vehicle and traffic law, as amended by chapter 7 of
3 the laws of 2000, are amended to read as follows:
4 Dealer, qualified dealer, MOBILITY DEALER, and new motor vehicle deal-
5 er surety bond. a. As a condition to obtaining a registration certif-
6 icate pursuant to this section, every new motor vehicle dealer applicant
7 and every qualified dealer applicant shall obtain and continue in effect
8 a surety bond in an amount of fifty thousand dollars executed by a sure-
9 ty company authorized to transact business in the state by the insurance
10 department of the state. As a condition to obtaining a registration
11 certificate pursuant to this section, EVERY MOBILITY DEALER APPLICANT
12 AND every dealer applicant who is applying for a registration certif-
13 icate in the first instance or who sold two hundred motor vehicles or
14 fewer in the previous calendar year shall obtain and continue in effect
15 a surety bond in an amount of ten thousand dollars executed by a surety
16 company authorized to transact business in the state by the insurance
17 department of the state. As a condition of obtaining a registration
18 certificate pursuant to this section, every dealer applicant who sold
19 more than two hundred motor vehicles in the previous calendar year shall
20 obtain and continue in effect a surety bond in an amount of twenty-five
21 thousand dollars executed by a surety company authorized to transact
22 business in the state by the insurance department of the state. The
23 bonds shall be approved as to form by the commissioner and shall be
24 conditioned on the new motor vehicle dealer's, qualified dealer's, and
25 dealer's: payment of all valid bank drafts, including checks, drawn by
26 such dealer for the purchase of motor vehicles; transfer of good title
27 to each motor vehicle such dealer sells; safekeeping of all customer
28 deposits related to the sale of a motor vehicle between the time of
29 receipt of such customer deposit and the transfer of good title to the
30 vehicle to the customer; payment for all fines imposed upon the new
31 motor vehicle dealer, qualified dealer, or dealer by the commissioner
32 pursuant to the provisions of this chapter; and such dealer's repayment
33 of any overcharges of a customer by such dealer for the vehicle regis-
34 tration and titling charges payable to the commissioner for registering
35 and titling the sold vehicle.
36 S 4. Paragraph c of subdivision 7 of section 415 of the vehicle and
37 traffic law, as amended by chapter 7 of the laws of 2000, is amended and
38 a new paragraph b-1 is added to read as follows:
39 B-1. REGISTRATION CERTIFICATES FOR MOBILITY DEALERS. (I) APPLICATION.
40 IF A PERSON MAKES APPLICATION, UNDER PENALTY OF PERJURY, FOR A REGISTRA-
41 TION CERTIFICATE AS A MOBILITY DEALER, THE COMMISSIONER SHALL ISSUE A
42 REGISTRATION AS A MOBILITY DEALER TO SUCH DEALER UPON PAYMENT OF THE
43 PRESCRIBED FEE AND ANY REQUIREMENTS THE COMMISSIONER MAY PRESCRIBE BY
44 REGULATION.
45 (II) RIGHTS OF MOBILITY DEALERS. NOTWITHSTANDING ANY OTHER LAW OR
46 RULE, A PERSON HOLDING A MOBILITY DEALER CERTIFICATE SHALL HAVE THE
47 RIGHT TO:
48 (A) DISPLAY, INVENTORY, ADVERTISE, SOLICIT, DEMONSTRATE, SELL, OFFER
49 FOR SALE OR DELIVER ANY USED MOBILITY VEHICLE;
50 (B) DISPLAY, INVENTORY, ADVERTISE, SOLICIT, DEMONSTRATE, OR OFFER FOR
51 SALE ANY NEW MOBILITY VEHICLE, REGARDLESS OF THE CHASSIS MAKE OF THE NEW
52 MOBILITY VEHICLE, AND REGARDLESS OF WHETHER OWNERSHIP OF SUCH NEW MOBIL-
53 ITY VEHICLE IS HELD BY A NEW MOTOR VEHICLE DEALER INSIDE OR OUTSIDE THIS
54 STATE;
55 (C) ARRANGE, NEGOTIATE, AND/OR ASSIST CONSUMERS AS REGARDS THE
56 PURCHASE OF ANY MOBILITY VEHICLE;
S. 2913--A 5 A. 4298--A
1 (D) SELL AND INSTALL MOBILITY EQUIPMENT AND ACCESSORIES AND OTHER
2 GOODS AND SERVICES TO MEET THE NEEDS OF DISABLED DRIVERS AND PASSENGERS;
3 (E) PROVIDE MOBILITY VEHICLE MAINTENANCE AND REPAIR SERVICES.
4 (III) REGULATIONS BY THE COMMISSIONER. THE COMMISSIONER SHALL HAVE THE
5 POWER TO PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO IMPLEMENT
6 MOBILITY DEALER REGISTRATION AND ESTABLISH REASONABLE AND APPROPRIATE
7 QUALIFICATIONS FOR SUCH DEALERS.
8 (IV) INITIAL RETAIL TRANSFER OF TITLE OR OF OWNERSHIP OF NEW MOBILITY
9 VEHICLE. NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, THE FIRST
10 TRANSFER OF TITLE OR OF OWNERSHIP OF A NEW MOBILITY VEHICLE TO A
11 PURCHASER OTHER THAN FOR RESALE MUST BE MADE BY A NEW VEHICLE DEALER,
12 LICENSED EITHER INSIDE THIS STATE OR OUTSIDE THIS STATE, HOLDING A FRAN-
13 CHISE AGREEMENT WITH THE MANUFACTURER OF THE CHASSIS MAKE OF THE NEW
14 MOBILITY VEHICLE.
15 c. Registration certificate for other than new motor vehicle dealer,
16 MOBILITY DEALER or qualified dealer. If the commissioner approves the
17 application of an applicant for a registration certificate other than a
18 new motor vehicle dealer certificate or a qualified dealer certificate,
19 upon payment of the prescribed fee, he or she shall issue a registration
20 certificate in such form as he or she may prescribe.
21 S 5. This act shall take effect immediately.
