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

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

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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 1-0)

Status: (Introduced - Dead) 2020-07-02 - PRINT NUMBER 6513B [S06513 Detail]

Download: New_York-2019-S06513-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6513

                               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

        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 manufactured on or after September first, nineteen hundred  nine-
          ty-seven 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.  Section 417 of the vehicle and traffic law, as amended by
     2  chapter 206 of the laws of 1979, the closing paragraph as added by chap-
     3  ter 469 of the laws of 1994, is amended to read as follows:
     4    § 417. Certificates by retail dealers on sales of  second  hand  motor
     5  vehicles.  Upon  the sale or transfer of title by a retail dealer of any
     6  second hand motor vehicle, intended for use by the buyer, his  agent  or
     7  representative  upon  the  public highways, the vendor shall execute and
     8  deliver to the vendee an instrument in writing, in a form prescribed  by
     9  the  commissioner, in which shall be given the make, year of manufacture
    10  and identification number of  the  said  motor  vehicle,  the  name  and
    11  address  of  the  vendee,  and  the date of delivery to the vendee. Such
    12  notice shall also  contain  a  certification  that  said  motor  vehicle
    13  complies with such requirements of this chapter as shall be specified by
    14  the commissioner and that it is in condition and repair to render, under
    15  normal use, satisfactory and adequate service upon the public highway at
    16  the  time  of delivery. It shall also certify that such vehicle complies
    17  with the equipment requirements in section four  hundred  nineteen-a  of
    18  this article.
    19    The  failure  of  the  vendor to deliver to the vendee the certificate
    20  required by this section or delivery of a false certificate knowing  the
    21  same  to  be  false  or  misleading  or  without  making  an appropriate

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13173-02-9
        S. 6513                             2

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