Bill Text: NY S02913 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the definition and registration of mobility dealers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S02913 Detail]
Download: New_York-2011-S02913-Introduced.html
Bill Title: Relates to the definition and registration of mobility dealers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S02913 Detail]
Download: New_York-2011-S02913-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2913 A. 4298
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 Sen. MAZIARZ -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
IN ASSEMBLY -- Introduced by M. of A. PERRY, REILICH -- read once and
referred to the Committee on Transportation
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
17 by such person for the purpose of resale, will be regarded as a dealer.
18 Except as otherwise provided in subdivisions three, five, six-b, and
19 seven of this section, the term "dealer" shall include a "new motor
20 vehicle dealer" as defined by paragraph f of this subdivision, A "MOBIL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04356-01-1
S. 2913 2 A. 4298
1 ITY DEALER" AS DEFINED BY PARAGRAPH K OF THIS SUBDIVISION, and a "quali-
2 fied dealer" as defined in paragraph g of this subdivision.
3 f. "New motor vehicle dealer" means a dealer who engages in the activ-
4 ities described in paragraph a of this subdivision if such activities
5 relate to new motor vehicles and if such dealer is party to a franchise,
6 as the terms "new motor vehicle" and "franchise" are defined in section
7 four hundred sixty-two of this title; provided, however, for purposes of
8 this definition, a new motor vehicle shall include only those motor
9 vehicles commonly classified as a passenger automobile, sport utility
10 vehicle, light truck, pickup truck, van, minivan, or suburban, with a
11 gross vehicle weight rating of ten thousand pounds or less, and shall
12 not include (i) any such vehicle which has been converted for use as a
13 tow truck[,] OR MOBILITY VEHICLE or (ii) a motor vehicle for which the
14 current ownership document is a statement of acquisition issued pursuant
15 to section four hundred twenty-nine of this title, a salvage certif-
16 icate, salvage certificate of title, nonrepairable certificate, or simi-
17 lar document issued by any state or jurisdiction; or (iii) any motor
18 vehicle commonly classified as a bus, school bus, garbage truck, marine
19 trailer, tow truck, MOBILITY VEHICLE, motorcycle, recreational vehicle,
20 snowmobile, trailer, mobile home or construction equipment; and provided
21 further that a dealer is a new motor vehicle dealer only with respect to
22 those vehicles which are of the same make as those which that dealer is
23 authorized to sell at that location pursuant to a valid franchise agree-
24 ment.
25 i. "Used motor vehicle" means any vehicle not included in the defi-
26 nition of a new motor vehicle. Provided, however, that such term as used
27 in paragraph g of this subdivision shall include only those motor vehi-
28 cles commonly classified as a passenger automobile, sport utility vehi-
29 cle, light truck, pick up truck, van, minivan or suburban, with a gross
30 vehicle weight rating of ten thousand pounds or less, which (i) is not
31 deemed to be a "new motor vehicle" pursuant to paragraph h of this
32 subdivision, or (ii) has not been converted for use as a tow truck[,] OR
33 MOBILITY VEHICLE or (iii) is not commonly classified as a bus, school
34 bus, garbage truck, marine trailer, tow truck, MOBILITY VEHICLE motor-
35 cycle, recreational vehicle, snowmobile, trailer, mobile home, or
36 construction equipment.
37 K. (I) "MOBILITY DEALER" MEANS A PERSON WHO DISPLAYS FOR SALE, ADVER-
38 TISES FOR SALE, OR OFFERS FOR SALE MORE THAN FIVE MOBILITY VEHICLES IN
39 ANY CALENDAR YEAR OR WHO DISPLAYS OR PERMITS THE DISPLAY OF THREE OF
40 MORE MOBILITY VEHICLES AT ANY ONE TIME OR WITHIN ANY ONE CALENDAR MONTH
41 UPON PREMISES OWNED OR CONTROLLED BY HIM OR HER, REGARDLESS OF THE
42 OWNERSHIP OF SUCH MOBILITY VEHICLES; OR
43 (II) MOBILITY DEALER DOES NOT INCLUDE ANY OF THE FOLLOWING:
44 (A) RECEIVERS, TRUSTEES, ADMINISTRATORS, EXECUTORS, GUARDIANS OR OTHER
45 PERSONS APPOINTED BY OR ACTING UNDER THE JUDGMENT OR ORDER OF ANY COURT;
46 (B) PUBLIC OFFICERS WHILE PERFORMING THEIR OFFICIAL DUTIES;
47 (C) PERSONS DISPOSING OF MOTOR VEHICLES ACQUIRED FOR THEIR OWN USE OR
48 FOR THE USE OF A FAMILY MEMBER, AND ACTUALLY SO USED, WHEN THE VEHICLES
49 HAVE BEEN ACQUIRED AND USED IN GOOD FAITH AND NOT FOR THE PURPOSES OF
50 AVOIDING THE PROVISIONS OF THIS SECTION;
51 (D) FINANCIAL INSTITUTIONS WHO SELL REPOSSESSED MOBILITY VEHICLES;
52 (E) INSURANCE COMPANIES WHO RESELL MOBILITY VEHICLES THAT THEY
53 ACQUIRED IN THE COURSE OF BUSINESS.
54 L. "MOBILITY EQUIPMENT" MEANS MECHANICAL OR ELECTRONIC DEVICES, PARTS
55 OR ACCESSORIES SPECIFICALLY DESIGNED TO FACILITATE THE USE OF A MOTOR
56 VEHICLE BY AN AGING OR DISABLED PERSON AS INTERPRETED BY THE NATIONAL
S. 2913 3 A. 4298
1 HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND WHICH ARE PERMANENTLY ATTACHED
2 TO OR INCORPORATED IN THE VEHICLE.
3 M. "MOBILITY VEHICLE" MEANS A NEW OR USED MOTOR VEHICLE THAT IS
4 SPECIALLY DESIGNED AND EQUIPPED TO TRANSPORT A PERSON WITH A DISABILITY
5 (AS INTERPRETED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION)
6 AND THAT:
7 (I) IS DESIGNED AND BUILT OR MODIFIED TO ALLOW VEHICLE INGRESS AND
8 EGRESS FOR A PERSON IN A WHEELCHAIR OR SCOOTER; AND
9 (II) CONTAINS AT LEAST ONE OF THE FOLLOWING:
10 (A) AN ELECTRONIC OR MECHANICAL WHEELCHAIR, SCOOTER, OR PLATFORM LIFT
11 THAT ENABLES A PERSON TO ENTER OR EXIT THE VEHICLE WHILE OCCUPYING A
12 WHEELCHAIR OR SCOOTER;
13 (B) AN ELECTRONIC OR MECHANICAL WHEELCHAIR RAMP; OR
14 (C) A SYSTEM TO SECURE A WHEELCHAIR OR SCOOTER TO ALLOW FOR A PERSON
15 TO BE SAFELY TRANSPORTED WHILE OCCUPYING THE WHEELCHAIR OR SCOOTER, THAT
16 IS INSTALLED AS AN INTEGRAL PART OR PERMANENT ATTACHMENT TO THE MOTOR
17 VEHICLE'S CHASSIS.
18 N. "NEW MOBILITY VEHICLE" MEANS A MOBILITY VEHICLE THAT IS ALSO A NEW
19 MOTOR VEHICLE.
20 O. "USED MOBILITY VEHICLE" MEANS A MOBILITY VEHICLE THAT IS NOT A NEW
21 MOBILITY VEHICLE.
22 S 2. The opening paragraph and paragraph c of subdivision 3 of section
23 415 of the vehicle and traffic law, as amended by chapter 7 of the laws
24 of 2000, are amended and a new paragraph b-1 is added to read as
25 follows:
26 Registration of new motor vehicle dealers, MOBILITY DEALERS, qualified
27 dealers, and other motor vehicle dealers.
28 B-1. NO PERSON SHALL ENGAGE IN BUSINESS AS A MOBILITY DEALER, OR
29 REPRESENT, ADVERTISE, OR OTHERWISE HOLD HIMSELF OR HERSELF OUT AS
30 ENGAGED OR INTENDING TO ENGAGE IN THE BUSINESS OF SELLING, DISPLAYING,
31 OFFERING, ADVERTISING OR INVENTORYING MOBILITY VEHICLES IN THIS STATE,
32 UNLESS THERE SHALL HAVE BEEN ISSUED TO HIM OR HER, A CERTIFICATE OF
33 REGISTRATION AS A MOBILITY DEALER AS PROVIDED IN THIS SUBDIVISION AND
34 SUBDIVISION SEVEN OF THIS SECTION. PROVIDED, HOWEVER, THAT A REGISTERED
35 NEW MOTOR VEHICLE DEALER OR QUALIFIED DEALER MAY ENGAGE IN BUSINESS AS A
36 MOBILITY DEALER, OR REPRESENT, ADVERTISE, OR OTHERWISE HOLD HIMSELF OR
37 HERSELF OUT AS ENGAGED OR INTENDING TO ENGAGE IN THE BUSINESS OF SELL-
38 ING, DISPLAYING, OFFERING, ADVERTISING OR INVENTORYING MOBILITY VEHICLES
39 IN THIS STATE, WITHOUT HAVING BEEN ISSUED TO HIM OR HER, A CERTIFICATE
40 OF REGISTRATION AS A MOBILITY DEALER.
41 c. The issuance of such certificate of registration to a new motor
42 vehicle dealer, a qualified dealer, MOBILITY DEALER or other motor vehi-
43 cle dealer shall be deemed to include the right to operate motor vehi-
44 cles, motorcycles and trailers to the extent permitted by subdivision
45 eight of this section, instead of obtaining vehicle registration as
46 provided by sections four hundred one and four hundred ten of this
47 title. The provisions of this section shall not apply to persons engaged
48 in the business of buying, selling or dealing in snowmobiles and/or snow
49 travellers.
50 S 3. The opening paragraph and paragraph a of subdivision 6-b of
51 section 415 of the vehicle and traffic law, as amended by chapter 7 of
52 the laws of 2000, are amended to read as follows:
53 Dealer, qualified dealer, MOBILITY DEALER, and new motor vehicle deal-
54 er surety bond. a. As a condition to obtaining a registration certif-
55 icate pursuant to this section, every new motor vehicle dealer applicant
56 and every qualified dealer applicant shall obtain and continue in effect
S. 2913 4 A. 4298
1 a surety bond in an amount of fifty thousand dollars executed by a sure-
2 ty company authorized to transact business in the state by the insurance
3 department of the state. As a condition to obtaining a registration
4 certificate pursuant to this section, EVERY MOBILITY DEALER APPLICANT
5 AND every dealer applicant who is applying for a registration certif-
6 icate in the first instance or who sold two hundred motor vehicles or
7 fewer in the previous calendar year shall obtain and continue in effect
8 a surety bond in an amount of ten thousand dollars executed by a surety
9 company authorized to transact business in the state by the insurance
10 department of the state. As a condition of obtaining a registration
11 certificate pursuant to this section, every dealer applicant who sold
12 more than two hundred motor vehicles in the previous calendar year shall
13 obtain and continue in effect a surety bond in an amount of twenty-five
14 thousand dollars executed by a surety company authorized to transact
15 business in the state by the insurance department of the state. The
16 bonds shall be approved as to form by the commissioner and shall be
17 conditioned on the new motor vehicle dealer's, qualified dealer's, and
18 dealer's: payment of all valid bank drafts, including checks, drawn by
19 such dealer for the purchase of motor vehicles; transfer of good title
20 to each motor vehicle such dealer sells; safekeeping of all customer
21 deposits related to the sale of a motor vehicle between the time of
22 receipt of such customer deposit and the transfer of good title to the
23 vehicle to the customer; payment for all fines imposed upon the new
24 motor vehicle dealer, qualified dealer, or dealer by the commissioner
25 pursuant to the provisions of this chapter; and such dealer's repayment
26 of any overcharges of a customer by such dealer for the vehicle regis-
27 tration and titling charges payable to the commissioner for registering
28 and titling the sold vehicle.
29 S 4. Paragraph c of subdivision 7 of section 415 of the vehicle and
30 traffic law, as amended by chapter 7 of the laws of 2000, is amended and
31 a new paragraph b-1 is added to read as follows:
32 B-1. REGISTRATION CERTIFICATES FOR MOBILITY DEALERS. (I) IF A PERSON
33 MAKES APPLICATION, UNDER PENALTY OF PERJURY, FOR A REGISTRATION CERTIF-
34 ICATE AS A MOBILITY DEALER, THE COMMISSIONER SHALL ISSUE A REGISTRATION
35 AS A MOBILITY DEALER TO SUCH DEALER UPON PAYMENT OF THE PRESCRIBED FEE
36 AND ANY REQUIREMENTS THE COMMISSIONER MAY PRESCRIBE BY REGULATION.
37 (II) RIGHTS OF MOBILITY DEALERS. NOTWITHSTANDING ANY OTHER LAW OR
38 RULE, A PERSON HOLDING A MOBILITY DEALER CERTIFICATE SHALL HAVE THE
39 RIGHT TO:
40 (A) DISPLAY, INVENTORY, ADVERTISE, SOLICIT, DEMONSTRATE, SELL, OFFER
41 FOR SALE OR DELIVER ANY USED MOBILITY VEHICLE;
42 (B) DISPLAY, INVENTORY, ADVERTISE, SOLICIT, DEMONSTRATE, OR OFFER FOR
43 SALE ANY NEW MOBILITY VEHICLE, REGARDLESS OF THE CHASSIS MAKE OF THE NEW
44 MOBILITY VEHICLE, AND REGARDLESS OF WHETHER OWNERSHIP OF SUCH NEW MOBIL-
45 ITY VEHICLE IS HELD BY A NEW MOTOR VEHICLE DEALER INSIDE OR OUTSIDE THIS
46 STATE;
47 (C) ARRANGE, NEGOTIATE, AND/OR ASSIST CONSUMERS AS REGARDS THE
48 PURCHASE OF ANY MOBILITY VEHICLE;
49 (D) SELL AND INSTALL MOBILITY EQUIPMENT AND ACCESSORIES AND OTHER
50 GOODS AND SERVICES TO MEET THE NEEDS OF DISABLED DRIVERS AND PASSENGERS;
51 (E) PROVIDE MOBILITY VEHICLE MAINTENANCE AND REPAIR SERVICES.
52 (III) REGULATIONS BY THE COMMISSIONER. THE COMMISSIONER SHALL HAVE THE
53 POWER TO PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO IMPLEMENT
54 MOBILITY DEALER REGISTRATION AND ESTABLISH REASONABLE AND APPROPRIATE
55 QUALIFICATIONS FOR SUCH DEALERS.
S. 2913 5 A. 4298
1 c. Registration certificate for other than new motor vehicle dealer,
2 MOBILITY DEALER or qualified dealer. If the commissioner approves the
3 application of an applicant for a registration certificate other than a
4 new motor vehicle dealer certificate or a qualified dealer certificate,
5 upon payment of the prescribed fee, he or she shall issue a registration
6 certificate in such form as he or she may prescribe.
7 S 5. This act shall take effect immediately.
