Bill Text: NY S06513 | 2019-2020 | General Assembly | Amended


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) 2020-07-02 - PRINT NUMBER 6513B [S06513 Detail]

Download: New_York-2019-S06513-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6513--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 14, 2019
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the Committee on Transportation in accordance with Senate Rule 6, sec.
          8  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13173-08-0

        S. 6513--B                          2

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