Bill Text: NY A08308 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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 1-0)

Status: (Introduced - Dead) 2020-07-20 - amended on third reading (t) 8308b [A08308 Detail]

Download: New_York-2019-A08308-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8308--A
                                                                Cal. No. 324

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 13, 2019
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Transportation -- ordered 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  a functioning inflatable restraint system
          which conforms to the federal motor vehicle safety standard applicable
          to that vehicle

          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
    17  normal use, satisfactory and adequate service upon the public highway at
    18  the time of delivery. It shall also certify that such  vehicle  complies

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13173-05-0
        A. 8308--A                          2

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