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Vehicle and Traffic Law

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Article 16 - NY Vehicle and Traffic Law

REGISTRATION OF DEALERS AND TRANSPORTERS

Section Description
415Registration of manufacturers, dealers, repairmen and others.
415-aVehicle dismantlers and other persons engaged in the transfer or disposal of junk and salvage vehicles.
415-bLocal regulation of vehicle dismantlers in cities having a population in excess of one million.
415-cSale of salvaged inflatable restraint systems; restrictions.
416Limited use of dealer's and transporter's number plates by vendee or lessee.
416-aBumper quality label requirements.
416-bVehicle data recording devices.
417Certificates by retail dealers on sales of second hand motor vehicles.
417-aMandatory disclosures by sellers prior to resale.
417-bMandatory disclosures by second-hand dealers prior to resale.
418Punishment for violations.
419Recreational vehicle shows or exhibits.
 S 415. Registration  of  manufacturers, dealers, repairmen and others.
  1.  Definitions. The following terms when used in this article, shall be
  deemed to mean and include:
    a. "Dealer" means a person engaged in the business of buying,  selling
  or dealing in motor vehicles, motorcycles or trailers, other than mobile
  homes  or  manufactured  homes, at retail or wholesale; except, however,
  trailers with an unladen weight of less than one  thousand  pounds.  For
  the  purposes  of  this  section, a "mobile home" or "manufactured home"
  means a mobile home or manufactured  home  as  defined  in  section  one
  hundred  twenty-two-c  of  this chapter. Any person who sells, or offers
  for sale more than five motor vehicles, motorcycles or trailers  in  any
  calendar  year  or  who displays or permits the display of three or more
  motor vehicles, motorcycles or trailers for sale  at  any  one  time  or
  within  any one calendar month upon premises owned or controlled by him,
  if such vehicles were purchased, acquired or otherwise obtained by  such
  person  for  the purpose of resale, will be regarded as a dealer. Except
  as otherwise provided in subdivisions three, five, six-b, and  seven  of
  this  section,  the  term  "dealer"  shall  include a "new motor vehicle
  dealer" as defined by paragraph f of this subdivision and  a  "qualified
  dealer" as defined in paragraph g of this subdivision.
    b.  "Person" means any natural person, firm, corporation, partnership,
  limited  liability  company,  entity,  joint  venture,  association   or
  organization.
    c.  "Place  of  business"  means  a  designated  location at which the
  business of the dealer is  conducted,  and,  in  relation  to  a  retail
  dealer, facilities for displaying new or used motor vehicles.
    d.  "Retail dealer" means a dealer whose business consists in whole or
  in part of buying, selling or dealing in motor vehicles, motorcycles  or
  trailers at retail.
    e.   "Wholesale   dealer"  means  a  dealer  whose  business  consists
  exclusively of buying, selling or dealing in motor vehicles, motorcycles
  or trailers at wholesale.
    f. "New motor vehicle dealer"  means  a  dealer  who  engages  in  the
  activities  described  in  paragraph  a  of  this  subdivision  if  such
  activities relate to new motor vehicles and if such dealer is party to a
  franchise, as the terms "new motor vehicle" and "franchise" are  defined
  in  section four hundred sixty-two of this title; provided, however, for
  purposes of this definition, a new  motor  vehicle  shall  include  only
  those  motor  vehicles  commonly  classified  as a passenger automobile,
  sport utility vehicle, light  truck,  pickup  truck,  van,  minivan,  or
  suburban,  with  a gross vehicle weight rating of ten thousand pounds or
  less, and shall  not  include  (i)  any  such  vehicle  which  has  been
  converted  for use as a tow truck, or (ii) a motor vehicle for which the
  current ownership document is a statement of acquisition issued pursuant
  to  section  four  hundred  twenty-nine  of  this   title,   a   salvage
  certificate, salvage certificate of title, nonrepairable certificate, or
  similar document issued by any state or jurisdiction; or (iii) any motor
  vehicle  commonly classified as a bus, school bus, garbage truck, marine
  trailer,  tow  truck,  motorcycle,  recreational  vehicle,   snowmobile,
  trailer,  mobile  home  or  construction equipment; and provided further
  that a dealer is a new motor vehicle dealer only with respect  to  those
  vehicles  which  are  of  the  same  make  as those which that dealer is
  authorized to sell at  that  location  pursuant  to  a  valid  franchise
  agreement.
    g.  "Qualified  dealer" means a dealer, other than a new motor vehicle
  dealer or a dealer owned in whole or in part, directly or indirectly, by
  a manufacturer, who:
    (i) acting through a single person,  but  operating  at  one  or  more
  locations  of  such  single person, has displayed new motor vehicles for
  sale and/or lease, and has sold and/or leased (excluding sales or leases
  of any affiliates) a minimum of four  thousand  new  and/or  used  motor
  vehicles  annually  (of  which  at least forty percent annually were new
  motor vehicles) at retail regardless of make or model from  any  one  or
  more locations of such single person within the state, in each year from
  nineteen  hundred  ninety-five  through  and  including nineteen hundred
  ninety-eight, exclusively; or
    (ii) has displayed new motor vehicles for sale and/or lease,  and  has
  sold  and/or  leased  (excluding  sales  or  leases of any affiliates) a
  minimum of two hundred twenty-five new and/or used  motor  vehicles  (of
  which  at  least  thirty-three  and  one-third  percent  were  new motor
  vehicles) at retail, regardless of make or model, from any one  or  more
  locations  within the state, in the twelve-month period preceding August
  thirty-first, nineteen hundred ninety-nine; or
    (iii) was issued an original certificate of registration as  a  dealer
  with  a  validation  date  of  May,  nineteen  hundred  ninety-nine, has
  displayed new motor vehicles for sale and/or lease, and has sold  and/or
  leased  (excluding  sales  or leases of any affiliates) a minimum of one
  hundred fifty new and/or used motor vehicles (of which  at  least  fifty
  were  new  motor vehicles), regardless of make or model, from any one or
  more locations within the state,  in  the  period  between  July  first,
  nineteen  hundred  ninety-nine  and the effective date of the chapter of
  the laws of two thousand which added this subparagraph.  Notwithstanding
  the provisions of subdivision eighteen of this section, the total number
  of  locations  from  which  a qualified dealer eligible pursuant to this
  subparagraph may operate shall  not  exceed  that  number  of  locations
  operated  by  such  qualified  dealer  on  August thirty-first, nineteen
  hundred ninety-nine; or
    (iv) was issued a certificate of registration as a dealer new and used
  with a validation date of February, nineteen  hundred  ninety-eight  and
  has  continuously held a certificate of registration as a dealer for the
  ten years preceding the effective date of the chapter of the laws of two
  thousand which added this  subparagraph,  and  has  sold  and/or  leased
  (excluding  sales  or leases of any affiliates) a minimum of two hundred
  new and/or used motor vehicles (of which at least  twenty  percent  were
  new  motor  vehicles)  regardless  of  make  or  model, from one or more
  locations within the  state  in  the  period  between  September  first,
  nineteen hundred ninety-eight through and including August thirty-first,
  nineteen hundred ninety-nine.
    h. For the purposes of this section, "new motor vehicle" means a motor
  vehicle  commonly  classified  as  a passenger automobile, sport utility
  vehicle, light truck, pick up truck,  van,  minivan  or  suburban  which
  meets any one or more of the following criteria:
    (i) a motor vehicle which has not been placed in consumer use; or
    (ii)  a  motor vehicle which has not been transferred to someone other
  than a distributor, new motor vehicle dealer, or qualified dealer; or
    (iii) a motor vehicle which has less than one thousand  miles  on  the
  odometer.
    Provided,  however,  that such term shall not include any such vehicle
  which has been converted for use as a tow truck  or  any  motor  vehicle
  commonly classified as a bus, school bus, garbage truck, marine trailer,
  tow truck, motorcycle, recreational vehicle, snowmobile, trailer, mobile
  home or construction equipment.
    i.  "Used  motor  vehicle"  means  any  vehicle  not  included  in the
  definition of a new motor vehicle. Provided, however, that such term  as
  used  in  paragraph g of this subdivision shall include only those motor
  vehicles commonly classified as a passenger  automobile,  sport  utility
  vehicle,  light  truck,  pick up truck, van, minivan or suburban, with a
  gross vehicle weight rating of ten thousand pounds or less, which (i) is
  not  deemed  to be a "new motor vehicle" pursuant to paragraph h of this
  subdivision, or (ii) has not been converted for use as a tow  truck,  or
  (iii)  is  not  commonly classified as a bus, school bus, garbage truck,
  marine trailer, tow truck, motorcycle, recreational vehicle, snowmobile,
  trailer, mobile home, or construction equipment.
    j. "Lease" means to arrange for a person to enter  into  an  agreement
  subject  to  the  provisions  of article nine-A of the personal property
  law, or to act as a lessor as defined in such article.
    2. Registration of manufacturers,  repairmen  and  certain  others.  A
  person  engaged  in  a business requiring the limited operation of motor
  vehicles, motorcycles or trailers in order to facilitate  the  delivery,
  repair  or  improvement  thereof,  or  the  foreclosure  or repossession
  thereof or the installation of something thereon or for the  purpose  of
  dismantling  such  motor vehicle, motorcycle or trailer, may, instead of
  obtaining vehicle registration, as provided by sections four hundred one
  and four hundred ten of this chapter,  apply  to  the  commissioner  for
  registration under this section.
    3.  Registration  of new motor vehicle dealers, qualified dealers, and
  other motor vehicle dealers. a. No person shall engage in business as  a
  new  motor  vehicle  dealer,  or represent, advertise, or otherwise hold
  himself or herself out as engaged or intending to engage in the business
  of selling new motor vehicles in this state,  unless  there  shall  have
  been  issued  to  him  or  her,  for a particular make, a certificate of
  registration as a new motor vehicle dealer as  provided  in  subdivision
  seven  of this section, or unless there shall have been issued to him or
  her a certificate of registration as a qualified dealer  as  defined  in
  paragraph  g  of subdivision one of this section; provided, however, for
  purposes of this subdivision, a new motor vehicle shall  have  the  same
  meaning  as set forth in paragraph h of subdivision one of this section,
  but shall not include a motor vehicle for which  the  current  ownership
  document  is  a statement of acquisition issued pursuant to section four
  hundred twenty-nine  of  this  title,  a  salvage  certificate,  salvage
  certificate  of  title,  nonrepairable  certificate, or similar document
  issued by any state or jurisdiction. Only a person who has been issued a
  certificate as a new motor vehicle dealer or a qualified dealer shall be
  entitled to engage  in  all  dealer  activities  authorized  under  this
  article and shall not be required to obtain an additional certificate of
  registration  under  paragraph c of subdivision seven of this section. A
  qualified dealer shall be entitled to sell new  motor  vehicles  of  any
  make.
    b.  No  person  shall  engage  in  the  business  of selling new motor
  vehicles, or represent or advertise that he or she is engaged or intends
  to engage in the business of selling new motor vehicles in  this  state,
  unless  there  shall  have  been  issued  to him or her a certificate of
  registration as a new motor vehicle dealer or as a qualified  dealer  as
  provided in subdivision seven of this section. No person shall engage in
  business  as  a  dealer,  or  represent  or  advertise that he or she is
  engaged or intends to engage in such  business  in  this  state,  unless
  there shall have been issued to him or her a certificate of registration
  as  provided  in subdivision seven of this section. No provision of this
  section shall be deemed to prohibit any dealer located  outside  of  the
  state  from selling a new motor vehicle to a new motor vehicle dealer or
  a qualified dealer.  No provision of this section  shall  be  deemed  to
  prohibit  any  person  engaged in the leasing of new motor vehicles from
  selling a new motor vehicle to a third-party bank,  finance  company  or
  other  commercial  lending  institution, provided that such sale is made
  incidental to and concurrently with the lease of such new motor  vehicle
  by  such  third party bank, finance company, or other commercial lending
  institution as the lessor, to a retail customer.
    c.  The  issuance  of  such certificate of registration to a new motor
  vehicle dealer, a qualified dealer, or other motor vehicle dealer  shall
  be  deemed  to  include the right to operate motor vehicles, motorcycles
  and trailers to the  extent  permitted  by  subdivision  eight  of  this
  section,  instead  of  obtaining  vehicle  registration  as  provided by
  sections four hundred one and  four  hundred  ten  of  this  title.  The
  provisions  of  this  section  shall not apply to persons engaged in the
  business of buying,  selling  or  dealing  in  snowmobiles  and/or  snow
  travellers.
    4. Number plates. A dealer or other person, qualifying for limited use
  of  motor  vehicles,  motorcycles or trailers under subdivisions two and
  three of this section, shall be entitled to receive one or more sets  of
  number  plates  for  display  thereon as the commissioner may determine,
  upon payment of the required fee for each set. Number plates  issued  to
  dealers  under  this section shall bear distinctive marks to distinguish
  them from transporter plates to be issued to  other  persons  qualifying
  under  this  section. A set of number plates shall consist of two plates
  in the case of a motor vehicle and one plate in the case of a motorcycle
  or trailer; provided, however, that the commissioner, in his discretion,
  may issue, for any registration year, only one number as  a  set  for  a
  motor vehicle, in which event a set of number plates for a motor vehicle
  shall consist of one plate.
    5.  Application  for  registration.  The  application for registration
  under this section shall be filed with the commissioner in such form and
  detail as the commissioner shall prescribe, setting forth:
    a. Name and residence address of applicant; if an individual, the name
  under which he intends to conduct business;  if  a  co-partnership,  the
  name  and  residence  address of each member thereof, and the name under
  which the business is to be conducted; if a corporation, the name of the
  corporation and the name and residence address of each of the officers.
    b. The place or places, including the complete  address  or  addresses
  where the business is to be conducted and, in the case of an application
  to  do business as a new motor vehicle dealer, the names of each line or
  make of new motor  vehicle  which  a  manufacturer  or  distributor  has
  authorized  the  applicant  to  sell  from each location and the date of
  inception of the franchise, as defined in section four hundred sixty-two
  of this title, which authorizes the applicant to sell such line or  make
  from   each   location.   A  copy  of  each  such  franchise,  or  other
  documentation in lieu thereof satisfactory to the commissioner, shall be
  submitted to the commissioner at the time of application and  upon  each
  renewal  of  each  certificate  to  do  business  as a new motor vehicle
  dealer.
    b-1. The name and address of the surety company which will  issue  the
  bond required by subdivision six-b of this section. If the bond is to be
  issued  by  an  authorized  agent  of the surety company licensed by the
  state, then the name and address of that agent may be provided  in  lieu
  of the information concerning the surety company.
    c.  Such  further  information  as  the  commissioner  may  reasonably
  prescribe.
    d. Before an application for an original certificate  of  registration
  is  approved,  the  applicant  must  have on the premises to be licensed
  adequate space and proper facilities to retain and safeguard all records
  and documents he must maintain upon the licensed premises as required by
  the vehicle and traffic law and the regulations of the commissioner.
    The commissioner may require the applicant for registration to  appear
  at  such  time  and  place  as may be designated by the commissioner for
  examination to enable him to determine the accuracy  of  the  facts  set
  forth  in  the  written  application, either for initial registration or
  renewal thereof.
    Every  application  under  this  section  shall  be  verified  by  the
  applicant.
 * 6. Fees. Every original application for registration as a dealer  or
  transporter  shall  be accompanied by an application fee of thirty-seven
  dollars and fifty cents, which shall in no event be refunded. The annual
  fee for registration as a dealer or transporter or for  renewal  thereof
  shall  be  two hundred twenty-five dollars. The annual fee for any other
  registration under this section shall be  fifty  dollars.  However,  the
  commissioner   may,  in  his  discretion,  issue  a  renewal  of  either
  registration for a period of two years. The fee for a  two-year  renewal
  shall  be twice the annual fee. The annual fee for dealer or transporter
  number plates shall be twenty dollars for each set. If the  commissioner
  issues to dealers a document which is required to be used by a dealer to
  sell  or  transfer  a  vehicle,  the  fee  for the issuance of each such
  document shall be five dollars. There shall be no refund of registration
  fee or fees for number plates in the event of suspension, revocation  or
  voluntary  cancellation  of  registration. The fee for any such transfer
  document issued by the commissioner shall  be  refunded  only  upon  the
  surrender of such document upon voluntary cancellation of registration.
    * NB Effective until April 1, 2020
 * 6.  Fees. Every original application for registration as a dealer or
  transporter shall be accompanied by an application  fee  of  twenty-five
  dollars,  which  shall  in  no  event  be  refunded.  The annual fee for
  registration as a dealer or transporter or for renewal thereof shall  be
  one  hundred  fifty  dollars.  The annual fee for any other registration
  under this section shall be fifty  dollars.  However,  the  commissioner
  may,  in  his  discretion,  issue a renewal of either registration for a
  period of two years. The fee for a two-year renewal shall be  twice  the
  annual fee. The annual fee for dealer or transporter number plates shall
  be  twenty dollars for each set. If the commissioner issues to dealers a
  document which is required to be used by a dealer to sell or transfer  a
  vehicle,  the  fee  for  the issuance of each such document shall be one
  dollar. There shall be no refund of registration fee or fees for  number
  plates  in the event of suspension, revocation or voluntary cancellation
  of registration. The fee for any such transfer document  issued  by  the
  commissioner  shall be refunded only upon the surrender of such document
  upon voluntary cancellation of registration.
    * NB Effective April 1, 2020
 * 6-a. Fees; deposited. Fees assessed under this section shall be paid
  to the commissioner for deposit to the general fund, with the  exception
  of  the four dollar increase in the fee for issuance of a document to be
  used by a dealer to sell or transfer a  vehicle  collected  pursuant  to
  subdivision six of this section, which shall be deposited to the general
  fund through March thirty-first, two thousand four and from April first,
  two  thousand  four  and  thereafter to the dedicated highway and bridge
  trust fund; and with the exception of the twelve dollar and  fifty  cent
  increase  in  the  fee  for  original  application for registration as a
  dealer or transporter pursuant to subdivision six of  this  section  and
  the seventy-five dollar increase in the annual fee for registration as a
  dealer or transporter or for renewal pursuant to subdivision six of this
  section,  which  shall  be deposited to the dedicated highway and bridge
  trust fund established pursuant to section eighty-nine-b  of  the  state
  finance  law  and  the  dedicated  mass  transportation fund established
  pursuant   to  section  eighty-nine-c  of  the  state  finance  law  and
  distributed according to the provisions of subdivision  (d)  of  section
  three hundred one-j of the tax law.
    * NB Effective until April 1, 2020
  * 6-a. Fees; deposited. Fees assessed under this section shall be paid
  to the commissioner for deposit to the general fund.
    * NB Effective April 1, 2020
    6-b.  Dealer,  qualified  dealer,  and new motor vehicle dealer surety
  bond.   a. As  a  condition  to  obtaining  a  registration  certificate
  pursuant  to  this section, every new motor vehicle dealer applicant and
  every qualified dealer applicant shall obtain and continue in  effect  a
  surety  bond in an amount of fifty thousand dollars executed by a surety
  company authorized to transact business in the state by  the  department
  of  financial  services  of  the  state.  As  a condition to obtaining a
  registration  certificate  pursuant  to  this  section,   every   dealer
  applicant  who  is  applying for a registration certificate in the first
  instance or who sold two hundred motor vehicles or fewer in the previous
  calendar year shall obtain and continue in effect a surety  bond  in  an
  amount  of  ten thousand dollars executed by a surety company authorized
  to transact business  in  the  state  by  the  department  of  financial
  services  of  the  state.  As  a  condition  of obtaining a registration
  certificate pursuant to this section, every dealer  applicant  who  sold
  more than two hundred motor vehicles in the previous calendar year shall
  obtain  and continue in effect a surety bond in an amount of twenty-five
  thousand dollars executed by a surety  company  authorized  to  transact
  business  in  the  state  by the department of financial services of the
  state. The bonds shall be approved as to form by  the  commissioner  and
  shall  be  conditioned  on  the  new  motor  vehicle dealer's, qualified
  dealer's, and dealer's: payment of  all  valid  bank  drafts,  including
  checks,  drawn  by  such  dealer  for  the  purchase  of motor vehicles;
  transfer of  good  title  to  each  motor  vehicle  such  dealer  sells;
  safekeeping  of  all  customer  deposits  related to the sale of a motor
  vehicle between the time of receipt of such  customer  deposit  and  the
  transfer  of  good title to the vehicle to the customer; payment for all
  fines imposed upon the new motor vehicle dealer,  qualified  dealer,  or
  dealer  by  the commissioner pursuant to the provisions of this chapter;
  and such dealer's repayment of any overcharges of  a  customer  by  such
  dealer  for  the vehicle registration and titling charges payable to the
  commissioner for registering and titling the sold vehicle.
    b. Recovery against a bond may be made  by  a  person,  including  the
  state,  who  obtains  a  judgment  against the new motor vehicle dealer,
  qualified dealer, or dealer for an act or omission on which the bond  is
  conditioned if the act or omission occurred during the term of the bond.
  The  total  liability  imposed  on the surety under this section for all
  breaches of the bond condition is limited to  the  face  amount  of  the
  bond.  Such  liability may include, but is not limited to, the amount of
  the valid bank drafts, including checks, drawn by the new motor  vehicle
  dealer,  qualified  dealer, or dealer for the purchase of motor vehicles
  or the amount of overcharge by such dealer  for  registration  or  title
  fees  or  the amount paid to such dealer or the deposit, as the case may
  be, for the motor vehicle for which good title was not delivered. In  no
  event shall the surety on a bond be liable for total claims in excess of
  the  bond  amount,  regardless  of  the  number or nature of claims made
  against the bond or the number of years the bond remained in force,  nor
  shall  any  such surety bond provide coverage for transactions involving
  sales of any motor vehicles for which a bond is not required pursuant to
  the provisions of paragraph d of this subdivision.
    c. Any surety issuing a bond pursuant to  this  subdivision  shall  be
  required  to provide sixty days' notice to the commissioner prior to the
  effective date of cancellation of the bond.
    d.  For purposes of this subdivision, the term "motor vehicle" means a
  motor vehicle commonly  classified  as  a  passenger  automobile,  sport
  utility  vehicle, light truck, pick up truck, van, minivan, or suburban,
  with a gross vehicle weight rating  of  ten  thousand  pounds  or  less.
  Notwithstanding   the   provisions   of  paragraphs  a  and  b  of  this
  subdivision, the requirement to post a surety bond as set forth in  this
  subdivision  shall not apply to any dealer who is engaged exclusively in
  the business of buying, selling or dealing in motor vehicles other  than
  those  motor vehicles with a gross vehicle weight rating of ten thousand
  pounds or  less  and  which  are  commonly  classified  as  a  passenger
  automobile,  sport  utility  vehicle,  light  truck, pick up truck, van,
  minivan, or suburban, such  as  buses,  school  buses,  garbage  trucks,
  marine   trailers,   tow  trucks,  motorcycles,  recreational  vehicles,
  snowmobiles,  trailers,  mobile  homes,   or   construction   equipment.
  Provided,  further,  that  such  requirement also shall not apply to any
  dealer who is engaged exclusively in the business of buying, selling  or
  dealing in motor vehicles solely for conversion for use as a tow truck.
    7.  Issuance  of certificate. a. If the commissioner is satisfied that
  the applicant for a new motor vehicle dealer registration certificate is
  party to a franchise or franchises authorizing such applicant to sell or
  lease lines or makes of new motor vehicles which the applicant  proposes
  to sell or lease from the locations described in the application for the
  sale  or  lease of such lines or makes and if the commissioner otherwise
  approves the application, upon payment of the prescribed fee, he or  she
  shall  issue a new motor vehicle dealer registration certificate in such
  form as he  or  she  may  prescribe.  Every  new  motor  vehicle  dealer
  registration  certificate shall by its terms permit the sale or lease of
  the particular lines or makes of new motor vehicles only from a location
  or locations authorized for such sale  or  lease  in  the  franchise  or
  franchises  between  such new motor vehicle dealer and the manufacturers
  or distributors of such new motor vehicles. The commissioner may, in his
  or her discretion, issue such certificates of  registration  and  number
  plates  on  a  staggered  expiration  basis, in which event the fees set
  forth in subdivision six of this section for such certificate  shall  be
  prorated on a monthly basis. A new motor vehicle dealer registered under
  this  section  shall notify the commissioner of any change of address of
  the locations of his or her place or places of business and  whether  or
  not  such  locations  are approved as locations for the sale or lease of
  new motor vehicles in a franchise  and  which  lines  or  makes  are  so
  approved for sale or lease at each location pursuant to the franchise or
  franchises  within  thirty  days  after  such  change  is  made, and the
  commissioner shall be authorized to cancel the registration upon failure
  to give such notice. A copy of  each  franchise  affected  by  any  such
  change  or  other proof satisfactory to the commissioner shall accompany
  the notice to the commissioner.  If  any  location  shall  cease  to  be
  approved  by  the  new motor vehicle manufacturer or distributor for the
  sale or lease of the line or make of new motor vehicle,  then  such  new
  motor  vehicle  dealer  shall  immediately cease selling or leasing such
  line or make of new motor vehicle from such location  and  shall  notify
  the commissioner within thirty days of such change, after which such new
  motor  vehicle  dealer  registration  certificate  shall  be modified to
  reflect such change.
    b. Registration certificate for qualified dealer. If  a  dealer  makes
  application, under penalty of perjury, for a registration certificate as
  a  qualified  dealer,  the  commissioner shall issue a registration as a
  qualified dealer to such dealer upon payment of the prescribed fee.
    c. Registration certificate for other than new motor vehicle dealer or
  qualified  dealer.  If  the  commissioner approves the application of an
  applicant for a registration certificate other than a new motor  vehicle
  dealer  certificate  or  a qualified dealer certificate, upon payment of
  the prescribed fee, he or she shall issue a registration certificate  in
  such form as he or she may prescribe.
    d.  The  commissioner  may,  in  his  or  her  discretion,  issue such
  certificates of registration and number plates on a staggered expiration
  basis, in which event the fees set forth  in  subdivision  six  of  this
  section  for  such  certificate  shall be prorated on a monthly basis. A
  registrant shall notify the commissioner of any change of address of his
  or her principal place of business within thirty days after such  change
  is  made,  and  the  commissioner  shall  be  authorized  to  cancel the
  registration upon failure to give such notice.
    e. A registration issued  under  this  section  may  be  renewed  upon
  application  therefor  in  such  form as the commissioner may prescribe,
  upon payment of the fee as herein prescribed.
    f. The commissioner shall not issue any  certificate  of  registration
  authorized by this section to any franchisor, as such term is defined in
  section   four   hundred  sixty-two  of  this  title,  except  that  the
  commissioner may renew such certificate previously issued  or  otherwise
  approved  to  operate  to a franchisor prior to May second, two thousand
  two.
    8. Use. Transporter number plates issued under this section  shall  be
  used  only  for the limited operation of vehicles owned or controlled by
  the registrant  for  the  purpose  of  weighing,  testing,  dismantling,
  transporting  or  delivering the same, or for the purpose of moving such
  vehicles in connection with making installations thereon or improvements
  thereto,  or  the  repossession  or  foreclosure  thereof,  or  for  the
  operation,  for  demonstration  purposes,  of  any  vehicle  owned  by a
  manufacturer, or for transporting or delivering the vehicle  upon  which
  the  plates are displayed and additional vehicles carried in whole or in
  part upon such vehicle.
    Except as provided in section four hundred sixteen  of  this  article,
  dealer  number  plates  issued  under  this  section may be used for all
  purposes for which transporter plates may be used and, in addition,  may
  be  used  for  the  operation  of any vehicle owned or controlled by the
  registrant and held for sale or demonstration, except a  vehicle  rented
  to  another,  a vehicle used to transport passengers for hire, a vehicle
  commonly called a "tow truck" or "wrecker" and used by  the  dealer  for
  such  purposes,  a vehicle equipped for the purpose of towing or pushing
  disabled or nonoperated  vehicles  or  a  commercial  or  suburban  type
  vehicle  used  by the dealer for commercial purposes other than directly
  affecting the sale or  demonstration  of  that  particular  vehicle.  In
  addition,  dealer  or  transporter  number  plates  may  be used for any
  non-self-propelled device used for the transport of modular homes.
    Dealer or transporter number plates issued upon renewal of a dealer or
  transporter registration may  be  used  during  the  thirty  day  period
  immediately   preceding   the  expiration  date  of  such  registration,
  including such expiration date.
    9.  Suspension,  revocation  and  refusal  to  issue  or  to  renew  a
  registration.  The  commissioner or any person deputized by him may deny
  the application of any person for registration under  this  section  and
  suspend or revoke a registration under this section or refuse to issue a
  renewal  thereof  if he or such deputy determines that such applicant or
  registrant or any officer, director, stockholder,  or  partner,  or  any
  other person directly or indirectly interested in the business:
    a. Has made a material false statement in his application; or
    b. Has used or permitted the use of number plates contrary to law; or
    c.  Has been guilty of fraud or fraudulent practices, or has practiced
  dishonest or misleading advertising; or
    d. Has failed to comply with any of the rules and regulations  of  the
  commissioner  for  the enforcement of this article or with any provision
  of this chapter applicable thereto; or
    e. Has wilfully violated any provisions of the  motor  vehicle  retail
  instalment  sales  act,  the motor vehicle retail leasing act or section
  one hundred ninety-eight-c of the general business law; or
    f. Does not have a place  of  business  within  the  meaning  of  this
  section; or
    g. Has been convicted of any crime involving dishonesty or deceit; or
    h. Was the former holder, or was an officer, director, stockholder, or
  partner,  in a corporation or partnership which was the former holder of
  a  dealer's  registration,  which  was  suspended  or  revoked  by   the
  commissioner.
    9-a.  Hearings;  temporary  suspension.  (a)  No registration shall be
  suspended or revoked, or renewal refused,  except  upon  notice  to  the
  registrant  and after an opportunity to be heard. Provided however, upon
  a written notice of temporary suspension delivered by certified mail  to
  the  registrant,  a  registration may be temporarily suspended pending a
  hearing. Any such notice of temporary suspension shall provide that  the
  suspension  is  effective seventy-two hours after mailing of such notice
  and shall provide that a hearing be scheduled within ten days after  the
  effective date of the temporary suspension.
    (b)  The  applicant  may be heard in person or by counsel. The hearing
  shall be at such time and place as the commissioner shall prescribe. The
  commissioner or the commissioner's designee may  inspect  the  pertinent
  books,  records,  letters  and contracts of a registrant relating to any
  written complaint or charge against such registrant. The commissioner or
  the commissioner's designee shall have the power to subpoena  and  bring
  before  a  hearing  officer  any person in this state, and administer an
  oath to  and  take  testimony  of  any  person  or  cause  the  person's
  deposition  to  be  taken. A subpoena issued under this section shall be
  regulated by the civil practice law and rules.
    10. Suspension and revocation of number plates. The  commissioner  may
  suspend  or  revoke number plates issued pursuant to subdivision four of
  this section, if he determines that the registrant to whom these  plates
  have  been  issued  has  used or permitted the use of such number plates
  contrary to law or to the regulations of the commissioner  with  respect
  to  the use thereof. The registrant to whom such number plates have been
  issued shall have an opportunity to be  heard,  and  the  provisions  of
  subdivision nine of this section shall apply to hearings held under this
  subdivision,  and  to  review of determinations made by the commissioner
  hereunder.
    11. Following the suspension  or  revocation  of  the  certificate  of
  registration  of  a  dealer or transporter or number plates, pursuant to
  this section, the failure of the holder or any other  person  possessing
  the  certificate  of registration, number plates or certificates of sale
  issued to a dealer pursuant to the regulations of the  commissioner,  to
  deliver  the  same  to the suspending or revoking officer, peace officer
  acting pursuant to his special duties, police officer  directed  by  the
  commissioner to secure possession thereof, or agent of the commissioner,
  displaying  authorization to act in such capacity along with a certified
  copy of the order revoking or suspending  such  registration  or  number
  plates, shall be a misdemeanor.
    If  any  person  shall  fail to deliver a certificate of registration,
  number  plates  or  certificates  of  sale  as  provided   herein,   the
  commissioner shall forthwith direct any peace officer acting pursuant to
  his special duties or police officer to secure possession thereof and to
  return the same to the commissioner.
    12.  The  commissioner, or any person deputized by him, in addition to
  or in lieu of revoking or suspending the certificate of registration  of
  a  registrant  in accordance with the provisions of this article, may in
  any one proceeding by order require the registrant to pay to the  people
  of  this  state  a penalty for a first violation a sum not exceeding one
  thousand dollars for each violation found to have  been  committed;  and
  for  a  second  or  subsequent  violation  not  arising  out of the same
  incident both of which were committed within a period of thirty  months,
  a  sum  of  not  more  than  one  thousand five hundred dollars for each
  violation found to have been committed; provided, however,  the  penalty
  for  each  and  any violation of paragraph c of subdivision nine of this
  section found to have been committed shall be no less than three hundred
  and fifty dollars and no more than one thousand  five  hundred  dollars,
  except  that  if  a  finding of financial loss has been made pursuant to
  subdivision fourteen of this section, the amount of such penalty may  be
  increased by the amount of financial loss so found, and upon the failure
  of  such  registrant  to  pay  such penalty within twenty days after the
  mailing of such order, postage prepaid,  registered  or  certified,  and
  addressed to the last known place of business of such registrant, unless
  such  order  is stayed by an order of a court of competent jurisdiction,
  the commissioner may revoke the  certificate  of  registration  of  such
  registrant  or may suspend the same for such period as he may determine.
  Civil penalties assessed under this subdivision shall  be  paid  to  the
  commissioner  for  deposit  into  the  state  treasury, and unpaid civil
  penalties may be recovered by the commissioner in a civil action in  the
  name of the commissioner.
    13.  In  addition, as an alternative to such civil action and provided
  that no proceeding for judicial review shall then  be  pending  and  the
  time   for  initiation  of  such  proceeding  shall  have  expired,  the
  commissioner may file with the county clerk of the county in  which  the
  registrant  is  located a final order of the commissioner containing the
  amount of the penalty assessed. The filing of  such  final  order  shall
  have the full force and effect of a judgment duly docketed in the office
  of  such  clerk and may be enforced in the same manner and with the same
  effect as that provided by law in respect to executions  issued  against
  property upon judgments of a court of record.
    14. Restitution; assessment. a. Upon a determination that a registrant
  has  done  or  failed  to  do  any  act  for  which  suspension  of  the
  registrant's registration or a  civil  penalty  against  the  registrant
  could  be  imposed,  the  person  making  such  determination may make a
  finding of financial loss to any complainant or  complainants  resulting
  from  the  actions of the registrant. The person making such finding may
  provide that if the registrant makes restitution to the  complainant  or
  complainants  for  the  amount or amounts so found, that payment of such
  restitution may be substituted  in  lieu  of  any  suspension  or  civil
  penalty,  or  a  specified  portion thereof imposed upon the registrant.
  However, a  finding  of  financial  loss  shall  only  be  made  if  the
  complainant  (i) agrees to accept the amount so found, if offered by the
  registrant, and (ii) is not a party to any litigation which  is  pending
  or  which  has  gone  to  judgment in relation to the same matter in any
  civil court.
    b. The amount of financial loss which may be  found  and  proposed  as
  restitution  shall  be  limited to an amount necessary to compensate the
  complainant or complainants for actual losses caused by the registrant's
  improper activity.  Neither  punitive  nor  incidental  damages  may  be
  included in the finding of financial loss.
    c.  If payment of restitution to the complainant is authorized in lieu
  of all or a portion of a suspension or civil penalty, in order  for  the
  registrant  to  exercise  the  option to make such payment, such payment
  must be made by means of a certified check or money order payable to the
  complainant or complainants delivered to an office of the department  as
  directed by the commissioner or his agent within thirty days of the date
  of  notice  of  suspension  and/or  civil  penalty. Upon receipt of such
  certified check or money order, the department shall forward the same to
  the complainant or complainants. In the event that the registrant should
  fail to make payment for restitution within such thirty days, but, at  a
  later  time,  pays  such civil penalty, the department shall deduct from
  such civil penalty the amount assessed for restitution, and shall mail a
  check for such amount to the complainant or complainants.
    d. If payment of restitution may be substituted in  lieu  of  a  civil
  penalty  or  portion  of  a  civil  penalty, and the registrant does not
  exercise the option to make such payment, the civil penalty becomes  due
  as  provided in subdivision twelve of this section and the provisions of
  that subdivision and subdivision thirteen of this  section  relating  to
  suspension of registration and recovery of civil penalties shall apply.
    e.  Any  payment  made  in compliance with such a finding of financial
  loss shall not preclude any civil action which may be brought by  either
  the  complainant  or  registrant, and any such finding may be considered
  but shall not be binding upon any court before which any such action  is
  brought.
    15. Miscellaneous provisions. The commissioner may, in his discretion,
  limit  the  number of sets of number plates which shall be issued to any
  registrant. The provisions of subdivision three of section four  hundred
  one  of  this  chapter  with  respect  to the fee for lost, mutilated or
  destroyed certificates and number plates shall apply to certificates and
  number plates issued under this section.
    In the event of the loss or theft of any dealer or transporter  number
  plate or set of such number plates whether with or without a date tag or
  tags,  or  any date tag or set of date tags, the dealer must immediately
  notify the police of  such  fact  and  in  the  event  of  loss,  theft,
  mutilation  or destruction of any such items the dealer must immediately
  file a statement and proof  of  the  facts  as  the  commissioner  shall
  require.  The  provisions  of  section four hundred two and four hundred
  eleven of this chapter with respect to the care and  display  of  number
  plates   shall  apply  to  number  plates  issued  under  this  section.
  Registration under this section shall be upon  the  condition  that  the
  registrant  shall  conform  to  such reasonable requirements as shall be
  prescribed by the commissioner.
    The commissioner may, in  his  discretion,  require  a  registrant  to
  maintain  a  record  in  a  prescribed  form of all vehicles received or
  disposed of by him, which  records  shall  be  open  at  all  times  for
  inspection  by  the  commissioner,  his  representatives  and  any peace
  officer, acting pursuant to his special duties, or police officer.
    If registration under this section shall be issued in the names of two
  or more persons as partners and a change occurs  in  the  membership  of
  such  partnership,  the registration shall not expire so long as any one
  of the persons named in such registration is a member of the partnership
  or carries on the business of the partnership as surviving member of the
  partnership. However, when any such change occurs and  the  registration
  does  not  expire,  the  partners  or surviving member after such change
  shall forthwith file with the commissioner a  statement  regarding  such
  partnership in such form and giving such information as the commissioner
  shall  require,  and  the  commissioner shall issue a new certificate of
  registration.
    16. Unregistered operation;  operation  while  suspended  or  revoked;
  procedures and penalties. a. The commissioner or any person deputized by
  him  shall  hear and determine any allegation that a person has operated
  as a dealer without being registered as required by subdivision three of
  this section or while registration  is  suspended  or  revoked.  Upon  a
  determination  that a person has so operated, the commissioner or person
  deputized by him shall assess civil penalties as provided in  paragraphs
  b and c of this subdivision.
    b.  Except  as provided in paragraph c of this subdivision, any person
  who operates as a dealer without being registered shall be  required  to
  pay  to  the  people  of  this  state  a civil penalty in the sum of one
  thousand dollars. However, any such person against whom such penalty has
  been assessed may avoid all but five hundred dollars of such penalty  by
  obtaining  a  registration  as  required  by this article, provided that
  application for such registration is made not more than ten  days  after
  the imposition of such penalty.
    c.  (i)  Any person who operates as a dealer while his registration is
  revoked or suspended, shall pay to the people  of  this  state  a  civil
  penalty  in  the sum of one thousand dollars. Such civil penalty may not
  be avoided.
    (ii) Any person who operates as a dealer without being  registered  as
  required  by  subdivision three of this section who has previously had a
  civil penalty assessed for  unregistered  operation  shall  pay  to  the
  people of this state a civil penalty in the sum of one thousand dollars.
  Such civil penalty may not be avoided.
    d.  The  commissioner,  or any person deputized by him, in addition to
  imposing a civil penalty for unregistered operation as a dealer, may, in
  any one proceeding, make a determination that  the  unregistered  dealer
  has  caused  a  financial  loss to a complainant or complainants and may
  increase the civil penalty by the amount of financial loss.  The  person
  making  such  finding  may provide that if the unregistered dealer makes
  restitution to the complainant or complainants for the amount or amounts
  so found, that payment of such restitution may be  substituted  for  the
  increase  in  the civil penalty caused by the finding of financial loss.
  However, a  finding  of  financial  loss  shall  only  be  made  if  the
  complainant  (i) agrees to accept the amount so found, if offered by the
  unregistered dealer, and (ii) is not a party to any litigation which  is
  pending or in which judgment has been entered in any civil action in any
  court of competent jurisdiction.
    e.  Civil  penalties  assessed under this section shall be paid to the
  commissioner for deposit into  the  state  treasury,  and  unpaid  civil
  penalties  may be recovered by the commissioner in a civil action in the
  name of the commissioner. In addition, as an alternative to  such  civil
  action and provided that no proceeding for judicial review shall then be
  pending  and  the  time  for  initiation  of  such proceeding shall have
  expired, the commissioner may file with the county clerk of  the  county
  in  which  the  registrant  is located a final order of the commissioner
  containing the amount of the penalty assessed. The filing of such  final
  order  shall  have the full force and effect of a judgment duly docketed
  in the office of such clerk and may be enforced in the same  manner  and
  with  the  same  effect as that provided by law in respect to executions
  issued against property upon judgments of a court of record.
    f. No allegation of unregistered operation as a dealer shall be  heard
  or  determined  unless notice of such allegation has been mailed to such
  person within two years after  the  date  of  the  alleged  unregistered
  operation.
    17.  Improper display of signs. a. The holder of a dealer registration
  shall remove or  cause  to  be  removed  any  sign  which  contains  the
  registration  number  of  the  dealer which is visible to the public and
  which is required  to  be  displayed  by  this  article  or  regulations
  promulgated  thereunder  if  the registration is revoked or suspended or
  the dealer is out of business. If the registration  is  only  suspended,
  the holder may cover up the sign instead of removing it.
    b.  No  person  shall  permit  the  display of any sign required to be
  displayed  by  this  article  or  regulations   promulgated   thereunder
  indicating  to  the public that an official dealer is operating unless a
  dealer registration has been issued to  that  person  and  is  currently
  valid.
    18.  Rights  of  dealers.  The rights of all new motor vehicle dealers
  under this article may be exercised from any location or locations which
  are from time to time approved by their franchisors and the commissioner
  as prescribed in this article. The rights of all qualified dealers under
  this article may be exercised from any location or locations from  which
  they  operate  from  time  to time; provided, however, that no qualified
  dealer shall operate from  more  than  two  locations  within  the  four
  counties  of  Kings,  Queens,  Nassau, and Suffolk; and provided further
  that no qualified dealer shall operate from more than  one  location  in
  any  one  county.  The  total number of locations from which a qualified
  dealer may operate shall not exceed that number of locations operated by
  such  qualified  dealer  on  December  thirty-first,  nineteen   hundred
  ninety-eight.  It shall be unlawful for any person to interfere with the
  rights of, or discriminate against, any new motor vehicle dealer or  any
  qualified  dealer  under  this  article. The commissioner shall penalize
  those persons who violate the provisions of this section as  enacted  by
  chapter   four  hundred  fifty-one  of  the  laws  of  nineteen  hundred
  ninety-nine and the chapter of the laws of two  thousand  which  amended
  this  subdivision as provided by this section. Nothing contained in this
  article shall be construed to prohibit a new  motor  vehicle  dealer,  a
  qualified dealer, or a dealer, respectively, from utilizing the internet
  to  engage  in  such activities as each are respectively permitted under
  this article and under other applicable laws,  or  affect  where  a  new
  motor  vehicle  dealer  or  a  qualified  dealer may deliver a new motor
  vehicle.
    19. Disclosures by qualified dealers; penalties.  a.  Every  qualified
  dealer  who  advertises  in newspapers, magazines, or by direct mail the
  availability of new motor vehicles for sale shall clearly disclose  that
  such qualified dealer is not a franchised new motor vehicle dealer.
    b.  Every  qualified dealer shall prominently and conspicuously post a
  sign, in such a manner that it is likely  to  be  noticeable  to  anyone
  entering  the  premises,  which  sign  shall  clearly  state:  "(name of
  qualified dealer) is not a franchised dealership and does not  represent
  a  manufacturer.  We  are  not  authorized to perform recall or original
  factory warranty work."
    c. Every contract for the sale of a new motor vehicle entered into  by
  a  qualified  dealer  and  the  purchaser  shall  contain  the following
  statement: "(name of qualified dealer) is not  a  franchised  dealership
  and  does not represent a manufacturer. We are not authorized to perform
  recall or original factory warranty work."
    d. A qualified dealer who fails to comply  with  the  requirements  of
  this  subdivision,  shall  be  subject to the penalties provided by this
  section.  Further, a person who has purchased a new motor vehicle from a
  qualified dealer pursuant to a  contract  which  does  not  contain  the
  disclosure  required  under  paragraph  c  of this subdivision, shall be
  entitled  to rescind the sale and obtain full restitution of any amounts
  paid, plus reasonable court costs and attorneys fees, within four months
  of the date of purchase.
    20. Restrictions on transferability and operation of certain qualified
  dealerships. a. A qualified dealer may sell, devise, assign,  convey  or
  otherwise   transfer  any  or  all  of  its  assets,  including  without
  limitation all rights to conduct the activities of  a  qualified  dealer
  hereunder  and  further,  the owner of an equity interest in a qualified
  dealership may sell, devise, assign, convey or otherwise transfer any or
  all of its equity interest in such qualified dealership, subject to  the
  conditions  set  forth  in  this  subdivision.  To  the extent that such
  qualified dealer conducts such activities at more than one  location  as
  permitted  under  this  article, then such qualified dealer may transfer
  such rights on a location by location  basis;  provided,  however,  that
  such a transferee shall acquire no greater rights to relocate than those
  of  his  or  her  transferor,  and  provided  further  below,  that such
  transferee shall remain subject to the provisions  of  this  subdivision
  exactly as they applied to his or her transferor.
    b. A transferee who acquires the assets and/or an equity interest in a
  qualified  dealer  as  defined  in  subparagraph  (ii), (iii) or (iv) of
  paragraph g of subdivision one  of  this  section  and  is  the  parent,
  spouse,  child  or  sibling of an individual who was an equity holder of
  such qualified dealer may conduct activities as  specified  pursuant  to
  this section without restriction.
    c.  A transferee who acquires substantially all of the assets and/or a
  controlling  equity  interest  in  a  qualified  dealer  as  defined  in
  subparagraph  (ii),  (iii)  or (iv) of paragraph g of subdivision one of
  this section who is not the parent,  spouse,  child  or  sibling  of  an
  individual who was an equity holder of such qualified dealer may conduct
  activities  as  specified  pursuant  to this section; provided, however,
  that such transferee, in any calendar year, shall not  be  permitted  to
  sell  more  than  one  hundred  ten  percent  of the number of new motor
  vehicles sold by the transferor or qualified dealer  during  the  twelve
  month  period ending on the last day of the calendar month preceding the
  date of transfer of such rights.
    d. A transferee who acquires  ten  per  cent  or  more  of  an  equity
  interest  after  August  31,  1999  in  a qualified dealer as defined in
  subparagraph (ii), (iii), or (iv) of paragragh g of subdivision  one  of
  this section and is a publicly traded corporation may conduct activities
  as  specified  pursuant  to  this  section; provided, however, that such
  transferee, in any calendar year, shall not be permitted  to  sell  more
  than one hundred ten percent of the number of new motor vehicles sold by
  the transferor or qualified dealer during the twelve month period ending
  on  the last day of the calendar month preceding the date of transfer of
  such rights.
    e. Each transferee who acquires substantially all of the assets and/or
  a controlling equity interest in a qualified dealer from a transferee as
  defined in paragraph b,  c  or  d  of  this  subdivision  shall  not  be
  permitted to sell a number of new motor vehicles in any calendar year in
  excess  of  the  number  of  new  motor vehicles sold by such transferor
  qualified dealer during the twelve month period ending on the  last  day
  of the calendar month preceding the date of transfer of such rights.
    f.  The rights of a qualified dealer under subparagraph (ii), (iii) or
  (iv) of paragraph g of subdivision one of this section are  also  deemed
  transferred  for  purposes  hereof  in  the  event  that,  after  August
  thirty-first, nineteen hundred ninety-nine, (i) the  controlling  equity
  interest  of  such qualified dealer is transferred (in any one or series
  of transactions) to any  person  or  persons,  other  than  the  parent,
  spouse,  child  or  sibling  of an individual who is an equity holder of
  such qualified dealer, or (ii) there occurs any merger,  combination  or
  consolidation  of,  with  or  into the business entity which constitutes
  such qualified dealer.
    g. Nothing contained herein shall (i) prohibit a qualified  dealer  or
  the  parent,  spouse,  child or sibling who is the equity holder of such
  qualified dealer from forming a corporation or limited liability company
  to operate and wholly  own  the  qualified  dealer;  (ii)  restrict  the
  ability  of a qualified dealer to transfer a controlling equity interest
  to a corporation or a limited  liability  company  operated  and  wholly
  owned by an individual who is an equity holder of such qualified dealer;
  or  (iii)  restrict  the  ability  of  a qualified dealer to transfer an
  equity interest in the stock and/or assets of a qualified  dealer  to  a
  full-time employee of such qualified dealer.

   S 415-a. Vehicle dismantlers and other persons engaged in the transfer
  or   disposal   of  junk  and  salvage  vehicles.    1.  Definition  and
  registration of vehicle dismantlers. A vehicle dismantler is any  person
  who  is  engaged in the business of acquiring motor vehicles or trailers
  for the purpose of dismantling the same  for  parts  or  reselling  such
  vehicles  as scrap. No person shall engage in the business of or operate
  as a vehicle dismantler unless there shall have been  issued  to  him  a
  registration  in  accordance  with  the  provisions  of  this section. A
  violation of this subdivision shall be a class E felony.
    1-a. Definition and registration of salvage pools. A salvage  pool  is
  any  person,  acting  on  behalf  of  the  vehicle owner or an insurance
  company, who sells, offers for sale or solicits bids  for  the  sale  of
  junk  or  salvage vehicles or major component parts of such vehicles, or
  displays or permits the display of such vehicles or parts upon  premises
  owned  or  controlled  by  him,  but who does not dismantle vehicles. No
  person shall engage in business as a salvage  pool  unless  there  shall
  have been issued to him a registration in accordance with the provisions
  of  this  section.  A  violation  of this subdivision shall be a class A
  misdemeanor.
    1-b. Definition and registration of mobile car crushers. A mobile  car
  crusher  is  any  person  who  engages  in  the  business of operating a
  transportable car crusher, but who does not  acquire  ownership  of  the
  vehicles  which he crushes. No person shall engage in the business of or
  operate as a mobile car crusher unless there shall have been  issued  to
  him  a registration in accordance with the provisions of this section. A
  violation of this subdivision shall be a class A misdemeanor.
    1-c. Itinerant vehicle collectors. An itinerant vehicle  collector  is
  any  person  who  is  engaged  in the business of acquiring non-operable
  vehicles and who sells such vehicles or major component parts thereof to
  a vehicle dismantler or scrap  processor.  No  person  shall  engage  in
  business  as an itinerant vehicle collector unless there shall have been
  issued to him a registration in accordance with the provisions  of  this
  section. A violation of this subdivision shall be a class A misdemeanor.
    2.  Application for registration. An application for registration as a
  vehicle dismantler,  salvage  pool,  mobile  car  crusher  or  itinerant
  vehicle collector shall be made to the commissioner on a form prescribed
  by him which shall contain the name and address of the applicant and the
  names  and  addresses  of all persons having a financial interest in the
  business. Such  application  shall  contain  a  listing  of  all  felony
  convictions  and  all  other convictions relating to the illegal sale or
  possession of a motor vehicle or motor vehicle parts, and a  listing  of
  all  arrests  for  any  such  violations  by the applicant and any other
  person required to be named in such application. On  and  after  January
  first,  nineteen  hundred ninety-two, such application for or renewal of
  registration  as  a  vehicle  dismantler  shall,  in  addition  to   the
  foregoing,  contain  a  statement  indicating  that  the  applicant  has
  purchased approved motor  vehicle  refrigerant  recycling  equipment  or
  refrigerant  recapturing equipment in accordance with section 38-0107 of
  the  environmental  conservation  law.  Applicants   who   are   vehicle
  dismantlers   must   submit   along  with  their  application  either  a
  manufacturer's certificate issued upon purchase or an invoice with proof
  of payment. All such documents shall contain the name and address of the
  repair shop and manufacturer, the date purchased, and the serial numbers
  of the units acquired. The application shall also contain  the  business
  address  of the applicant and may contain any other information required
  by the commissioner.
    3. Fees. The annual fee for  registration  as  a  vehicle  dismantler,
  salvage pool, mobile car crusher or itinerant vehicle collector shall be
  fifty   dollars.   Upon  approval  of  an  application,  an  appropriate
  registration shall be issued for a period  of  time  determined  by  the
  commissioner  and  if issued for a period of more or less than one year,
  the  fee  shall be prorated on a monthly basis. Fees assessed under this
  section shall be paid to the commissioner for  deposit  to  the  general
  fund.
    4.  Requirements  for  registration.  (a) Except as otherwise provided
  herein, no registration shall be issued or renewed unless the  applicant
  has  a  permanent  place  of  business  at  which the activity requiring
  registration  is  performed  which  conforms  to  section  one   hundred
  thirty-six  of  the general municipal law as such section applies and to
  all local laws or ordinances and the applicant and all persons having  a
  financial   interest  in  the  business  have  been  determined  by  the
  commissioner to be fit persons to engage in such business. However,  the
  commissioner   may   issue   a   temporary  registration  pending  final
  investigation of an application.
    (b) The provisions of this subdivision requiring a place  of  business
  at  which  the  activity  requiring  registration is performed shall not
  apply to a mobile car crusher nor to  an  itinerant  vehicle  collector.
  However,  the  mobile  car  crusher  or itinerant vehicle collector must
  otherwise comply with all applicable local licensing laws or ordinances.
    (c)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision,  the  commissioner may issue a registration to an applicant
  for registration as a vehicle dismantler or salvage pool to a person who
  may not comply with local laws relating  to  zoning  provided  that  the
  applicant  has  engaged  in  business  at  that  location  as  a vehicle
  dismantler  since  September  first,  nineteen  hundred   seventy-three.
  However,  the  issuance of such registration shall not be a defense with
  respect to any action brought with respect  to  violation  of  any  such
  local law.
    5.  Records  and  identification.    (a)  Any records required by this
  section shall apply only to vehicles or parts of vehicles  for  which  a
  certificate  of title has been issued by the commissioner or which would
  be eligible to have such a certificate of  title  issued.  Every  person
  required  to  be  registered  pursuant  to this section shall maintain a
  record of all  motor  vehicles,  trailers,  and  major  component  parts
  thereof,  coming  into  his  possession  together  with  a record of the
  disposition of any such motor vehicle, trailer or part thereof  and  the
  date  such  motor vehicle, trailer or part thereof is received and shall
  maintain proof of ownership for any  motor  vehicle,  trailer  or  major
  component part thereof while in his possession. For the purposes of this
  article  an inflatable restraint system shall be a major component part.
  Such records shall be maintained in a manner and form prescribed by  the
  commissioner.  The  commissioner  may, by regulation, exempt vehicles or
  major component parts of vehicles from all or a portion  of  the  record
  keeping   requirements  based  upon  the  age  of  the  vehicle  if  the
  commissioner deems that  such  record  keeping  requirements  would  not
  further  the  purposes  of  the  motor  vehicle theft prevention program
  established by section two hundred twenty-three of this chapter.    Upon
  request  of  an  agent  of the commissioner or of any police officer and
  during his regular and usual business hours, a vehicle dismantler  shall
  produce  such records and permit said agent or police officer to examine
  them and any vehicles or parts of vehicles  which  are  subject  to  the
  record  keeping  requirements  of  this  section  and  which  are on the
  premises. Upon request of any agent of the commissioner and  during  his
  regular  and usual business hours, a salvage pool, mobile car crusher or
  itinerant vehicle collector shall produce such records and  permit  said
  agent  or  police  officer  to examine them and any vehicles or parts of
  vehicles which are subject to the record keeping  requirements  of  this
  section  and  which  are  on  the  premises. The failure to produce such
  records or to permit such inspection on the part of any person  required
  to  be registered pursuant to this section as required by this paragraph
  shall be a class A misdemeanor.
    (b) Every vehicle dismantler and salvage pool  shall  display  at  his
  place  of  business at least one sign upon which his registration number
  and any other information required by the commissioner is affixed  in  a
  manner  prescribed  by  the  commissioner  and  further  shall affix his
  registration number on all advertising,  business  cards,  and  vehicles
  used  by him in connection with his business. The commissioner is hereby
  empowered to  require,  by  regulation,  that  vehicle  dismantlers  and
  salvage  pools  mark,  stamp or tag major component parts of vehicles in
  their possession in a manner prescribed by the  commissioner  so  as  to
  enable  the  part  so  marked  to  be  identified  as having come from a
  particular vehicle and from a particular vehicle dismantler and  salvage
  pool. A violation of this paragraph shall be a class A misdemeanor.
    5-a. Improper display of signs. (a) The holder of a vehicle dismantler
  or  salvage  pool  registration  shall remove or cause to be removed any
  sign which contains the license number of the facility which is  visible
  to  the  public and which is required to be displayed by this article or
  regulations promulgated thereunder if the  registration  is  revoked  or
  suspended  or the vehicle dismantler or salvage pool is out of business.
  If the registration is only suspended, the holder may cover up the  sign
  instead of removing it.
    (b)  No  person  shall  permit  the display of any sign required to be
  displayed  by  this  article  or  regulations   promulgated   thereunder
  indicating  to the public that an official vehicle dismantler or salvage
  pool is operating unless a dismantler or salvage pool  registration  has
  been issued to that person and is currently valid.
    6.  Suspension,  revocation and refusal to renew a registration; civil
  penalty.  (a) A registration may be suspended or revoked, or renewal  of
  a  registration  refused upon a conviction of any provision of the penal
  law relating to motor vehicle theft,  illegal  possession  of  a  stolen
  vehicle  or  illegal  possession of stolen motor vehicle parts, or after
  the registrant has had an opportunity to be heard  upon  any  change  of
  status of the registrant which would have resulted in refusal to issue a
  registration,  any false statement in an application for a registration,
  an egregious and willful violation  of  title  twenty-three  of  article
  twenty-seven  of  the  environmental  conservation law, any violation of
  subdivision five of this  section  or  regulations  promulgated  by  the
  commissioner with respect to this section, or any violation of title ten
  of this chapter.
    (b)  Civil  penalty. The commissioner, or any person deputized by him,
  in addition to or in lieu of revoking or suspending the registration  of
  a  registrant  in accordance with the provisions of this article, may in
  any one proceeding by order require the registrant to pay to the  people
  of  this  state  a  civil  penalty  in  a sum not exceeding one thousand
  dollars for each violation and upon the failure of  such  registrant  to
  pay  such  penalty  within  twenty days after the mailing of such order,
  postage prepaid, registered or certified,  and  addressed  to  the  last
  known  place of business of such registrant, unless such order is stayed
  by an order of a court of competent jurisdiction, the  commissioner  may
  revoke  the  registration of such registrant or may suspend the same for
  such period as he may determine. Civil  penalties  assessed  under  this
  subdivision shall be paid to the commissioner for deposit into the state
  treasury,   and   unpaid   civil  penalties  may  be  recovered  by  the
  commissioner in a civil action in the name of the commissioner.
    (c) In addition, as an alternative to such civil action  and  provided
  that  no  proceeding  for  judicial review shall then be pending and the
  time  for  initiation  of  such  proceeding  shall  have  expired,   the
  commissioner  may  file with the county clerk of the county in which the
  registrant  is  located a final order of the commissioner containing the
  amount of the penalty assessed. The filing of  such  final  order  shall
  have the full force and effect of a judgment duly docketed in the office
  of  such  clerk and may be enforced in the same manner and with the same
  effect as that provided by law in respect to executions  issued  against
  property upon judgments of a court of record.
    7.  Registration  as  a  dealer and as a vehicle dismantler or salvage
  pool. A person may be registered as a dealer under section four  hundred
  fifteen  of  this  chapter  as well as a vehicle dismantler or a salvage
  pool under this section. However, any such person must obtain a separate
  registration for each activity and must maintain  separate  records  for
  each activity.
    8.  Vehicle  rebuilders. (a) A vehicle rebuilder is any person engaged
  in the business  of  acquiring  damaged  vehicles  for  the  purpose  of
  repairing  and  reselling  such  vehicles.  In  order  to engage in such
  business, a person must be registered as a vehicle  dismantler  pursuant
  to  this section or as a dealer pursuant to section four hundred fifteen
  of this chapter.
    (b) A vehicle rebuilder shall maintain a record  of  all  vehicles  or
  major component parts thereof coming into his possession for the purpose
  of rebuilding and all major component parts used in connection with such
  rebuilding  in  a manner prescribed by the commissioner. Upon request of
  an agent of the commissioner or any police officer  during  his  regular
  and usual business hours, a vehicle rebuilder shall produce such records
  and permit said agent or police officer to examine them and any vehicles
  or   parts   of  vehicles  which  are  subject  to  the  record  keeping
  requirements of this section and which are on the premises. The  failure
  to  produce  such  records  or  to permit such records or to permit such
  inspection as required by this paragraph shall be a class A misdemeanor.
    9. Scrap processor. (a) A scrap processor is any person required to be
  licensed under article six-C of the general business law  who  purchases
  material  which  is  or  may  have  been  a  vehicle or vehicle part for
  processing into a form other than a vehicle or vehicle  part,  but  who,
  except as otherwise provided by regulation of the commissioner, does not
  sell  any  such  material  as  a  motor  vehicle,  a  trailer or a major
  component part thereof. No person shall engage in business or operate as
  a scrap processor as defined in  this  paragraph  unless  he  has  given
  notice  to the commissioner that he is a scrap processor and that he has
  complied with article six-C of the general business law, and he has been
  certified by the commissioner as a scrap processor. A violation of  this
  paragraph shall be a class A misdemeanor.
    (b) A scrap processor shall maintain a record of vehicles and a record
  of major component parts by weight coming into his possession thereof in
  a  manner prescribed by the commissioner. This paragraph shall not apply
  to any major component part included in a mixed load. Upon request of an
  agent of the commissioner or any police officer or  during  his  regular
  and  usual  business hours, a scrap processor shall produce such records
  and permit such agent or police officer to inspect them and  to  inspect
  any  vehicles  or  major  component parts of vehicles at the time of the
  delivery of such vehicles or parts to him. The failure to  produce  such
  records or to permit such inspection as required by this paragraph shall
  be a class A misdemeanor.
    10.  Scrap  collectors  and repair shops. (a) A scrap collector is any
  person, other than a governmental agency, whose primary business is  the
  collection  of  miscellaneous scrap for disposal, who may as an incident
  of such business collect vehicular  parts  as  scrap.  No  person  shall
  engage  in  the  business  or operate as a scrap collector as defined in
  this paragraph unless he has given notice to the commissioner that he is
  a  scrap  collector  and  has been certified as a scrap collector by the
  commissioner.  A  violation  of  this  provision  shall  be  a  class  A
  misdemeanor.  No person shall be certified as a scrap collector eligible
  to do business within a city having a population of one million or more,
  or any county contiguous to such city, unless such person complies  with
  all local requirements applicable to such business.
    (b)  If  required by regulation of the commissioner, a scrap collector
  shall keep records of his acquisition and disposition of vehicular scrap
  in a manner prescribed by the commissioner. Upon request of an agent  of
  the  commissioner or any police officer, a scrap collector shall produce
  such records as may be required to be kept  and  permit  said  agent  or
  police  officer  to  inspect  them  during usual business hours or while
  business is being conducted. The failure  to  produce  such  records  as
  required by this paragraph shall be a class A misdemeanor.
    (c)  A  repair  shop  registered  pursuant to article twelve-A of this
  chapter which disposes of vehicular scrap to a certified scrap processor
  shall apply to the commissioner for  certification  to  carry  out  this
  disposal.   The  repair  shop  shall  include  in  the  application  for
  certification the names and addresses of  those  scrap  processors  with
  whom  it  arranges  for the disposal of its scrap. Thereafter the repair
  shop shall give notice to the commissioner within  thirty  days  of  any
  change in the scrap processors with whom it deals. The failure to comply
  with this paragraph or to make fraudulent statements regarding the scrap
  processors  with  which  a  repair  shop  arranges  for  the disposal of
  vehicular scrap shall be a class A misdemeanor.
    11. Out-of-state businesses. A person doing business in this state who
  does not have a place of business in this state,  but  has  a  place  of
  business  or  engages  in  such business in another state or province of
  Canada and who would be required to be registered or certified  pursuant
  to  this  section  if  it  were  in  this  state,  shall  apply  to  the
  commissioner for an identification number in a manner prescribed by  the
  commissioner.  Such  identification number shall be issued provided that
  such  person  complies  with  all  the  laws  and  regulations  of   the
  jurisdiction  in which he has his principal place of business or engages
  in such business applicable to such business.
    12. Identification of certified  persons.  (a)  Every  person  who  is
  certified  or  who  has  been  issued  an  identification  number by the
  commissioner shall display such certification or  identification  number
  upon  any  vehicle used by him for the business of transporting vehicles
  or parts of vehicles, in accordance with regulations prescribed  by  the
  commissioner.
    (b)  It  shall  be a class A misdemeanor for any person required to be
  registered or certified pursuant to the provisions of  this  section  to
  transport  a  vehicle  or  major  component  parts out of New York state
  without having and displaying his registration or  certification  number
  as provided for in this section.
    13.   Suspension   or   revocation   of   identification   number   or
  certification. An  identification  number  and/or  certification  issued
  pursuant  to  subdivision eight, nine, ten or eleven of this section may
  be suspended or revoked upon conviction of any provision  of  the  penal
  law  relating  to  motor  vehicle  theft, illegal possession of a stolen
  vehicle or  illegal  possession  of  stolen  motor  vehicle  parts.  The
  commissioner  may  also revoke or suspend registration or certification,
  after an appropriate hearing where the holder  of  the  registration  or
  certification has had an opportunity to be heard, upon a finding of: (a)
  that  there  has  been  a change to the holder's status which would have
  resulted in a refusal to issue in the first instance, or  (b)  that  the
  issuance  was  based  upon  a false statement by the holder, or (c) that
  there was a violation of the record keeping requirements,  or  (d)  that
  there was a violation of the regulations promulgated by the commissioner
  pursuant  to  this section, or (e) that there was a violation of title X
  of this chapter.
    14. Restrictions on scrap  processors.  A  certified  scrap  processor
  shall not purchase any material which may have been a vehicle or a major
  component  part  of  a vehicle, if recognizable as such, from any person
  other than a dealer registered pursuant to section four hundred  fifteen
  of  this  chapter, an insurance company, a governmental agency, a person
  in whose name a certificate of title or  other  ownership  document  has
  been  issued  for  such  vehicle  or a person registered or certified or
  issued an identification number pursuant to this section. A violation of
  this subdivision shall be a class A misdemeanor.
    15. Regulations. The  commissioner  shall  prescribe  such  rules  and
  regulations  as  he  shall deem necessary to carry out the provisions of
  this section.

  S 415-b. Local  regulation  of  vehicle dismantlers in cities having a
  population in excess of one million. The legislative body  of  any  city
  having a population in excess of one million may, by local law:
    1.  provide  for  the  licensing  of vehicle dismantlers as defined in
  subdivision one of section four hundred fifteen-a of this chapter by the
  department of consumer affairs of such city, and further provide that no
  person may act as a vehicle  dismantler  in  such  city  without  having
  obtained  a  license  from such department. The provisions of such local
  law shall not be inconsistent with the provisions of this article or any
  rule or regulation promulgated thereunder; and
    2. adopt any  other  provisions  relating  to  the  operation  of  the
  business  of  a vehicle dismantler which are neither duplicative of, nor
  inconsistent with,  any  provision  of  this  article  or  any  rule  or
  regulation promulgated thereunder.

  S 415-c. Sale  of salvaged inflatable restraint systems; restrictions.
  1.  On and after January first, nineteen hundred ninety-seven, prior  to
  offering any salvaged inflatable restraint system for sale such salvaged
  inflatable  restraint system part indentification number and the vehicle
  identification number of the vehicle from which the salvaged  inflatable
  restraint  system was taken shall be referred to a nationally recognized
  theft index bureau approved by the commissioner,  in  consultation  with
  the   superintendent   of   financial  services,  for  the  purposes  of
  determining prior to sale that neither the salvaged inflatable restraint
  system nor the motor vehicle were stolen, as determined at the  time  of
  inquiry.  The  sales  invoice shall state the date and the result of the
  inquiry to such theft index bureau.
    2. On and after March first, nineteen hundred  ninety-nine,  prior  to
  offering any salvaged inflatable restraint system for sale such salvaged
  inflatable  restraint  system  shall be certified according to standards
  established by a nationally recognized testing, engineering and research
  body  approved  by   the   commissioner   in   consultation   with   the
  superintendent of financial services.

  S 416. Limited  use  of  dealer's  and  transporter's number plates by
  vendee or lessee.  Upon  the  sale  or  lease  of  a  motor  vehicle  or
  motorcycle  the  vendee  or  lessee shall be allowed to operate the same
  upon the public highways for  the  period  of  five  days  after  taking
  possession  thereof,  without  carrying  number  plates  issued  upon  a
  registration under section four hundred one,  if  a  motor  vehicle,  or
  under  section  four  hundred  ten,  if a motorcycle, provided the motor
  vehicle or motorcycle shall have attached thereto and displayed thereon,
  in the manner therein provided,  a  set  of  dealer's  or  transporter's
  number  plates issued to the vendor or lessor under section four hundred
  fifteen, and if a proper application for registration and number  plates
  for  such  vehicle,  under the provisions of section four hundred one or
  four hundred ten, as  the  case  may  be,  shall  have  been  mailed  or
  presented to the commissioner, or agent, accompanied with the payment of
  the  required fee within twenty-four hours after he has taken possession
  thereof. If the motor vehicle or motorcycle is to  be  registered  in  a
  jurisdiction  other  than  the  state  of  New York, the requirement for
  filing or presenting such application shall not apply.
    No person shall operate or drive upon the public  highways  any  motor
  vehicle  or  motorcycle  on  which  is  fastened  or  displayed any such
  dealer's or transporter's number plates after a sale or  lease  of  such
  vehicle by the dealer or lessor, except in compliance with the foregoing
  provisions.
    A vendee or lessee to whom number plates are delivered or by whom they
  are held under the provisions of this section shall return the same, and
  the  accompanying  registration  certificate,  to  the  dealer or lessor
  before the expiration of six days after he took possession of the  motor
  vehicle or motorcycle purchased or leased. If number plates so delivered
  or  held,  or  such  certificate, are not returned within the time above
  limited, the dealer or lessor shall immediately notify the  commissioner
  of that fact by mail, describing the plates according to the general and
  distinctive numbers and characters thereon.
    The  provisions  of this section shall apply also to the sale or lease
  of a trailer and to the use by the  vendee  or  lessee  of  dealer's  or
  transporter's  number  plates on the trailer sold or leased, and for the
  purpose of applying such provisions a trailer shall be deemed  to  be  a
  motor vehicle.

  S 416-a. Bumper  quality  label  requirements. 1. It shall be unlawful
  after January first, nineteen hundred ninety-three for any  manufacturer
  to  sell  or  lease  or  to offer to sell or lease in this state for the
  purpose of registration in this  state  any  new  passenger  type  motor
  vehicle  manufactured  or  assembled  after  said  date  designated as a
  nineteen hundred ninety-three or subsequent model,  except  omnibus  and
  multipurpose passenger vehicles, unless such vehicle has affixed thereto
  a  bumper  quality  label,  placed  conspicuously  upon  that  window or
  windshield where the manufacturer's suggested retail price  sticker  has
  been  posted. The commissioner shall determine the size, type legibility
  and placement of such label. Such  label  shall  include  the  following
  information: "This vehicle is equipped with a front bumper that has been
  tested  at  an impact speed of (specified by vehicle manufacturer) _____
  miles per hour and a rear bumper that has been tested at an impact speed
  of (specified by the vehicle manufacturer) _______ miles per  hour,  and
  has  sustained no damage to the vehicle's body and minimal damage to the
  bumper and attachment hardware.  Minimal  damage  to  the  bumper  means
  damage  that  can  be repaired with the use of a common repair materials
  and without replacing any parts.  The  stronger  the  bumper,  the  less
  likely the car will require repair after a low-speed collision."
    2. The impact speed required to be specified in the notice pursuant to
  subdivision  one of this section is the maximum speed of impact upon the
  bumper of the vehicle at which the vehicle sustains  no  damage  to  the
  body  and  safety  systems  and  only  minimal damage to the bumper when
  subjected to the fixed barrier  and  pendulum  impact  tests,  and  when
  subjected  to  the  corner impact test at not less than sixty percent of
  that maximum speed, conducted pursuant to the practices, procedures  and
  regulations  promulgated  under  the concurrent authority of the Federal
  Motor Vehicle Information and Cost Savings  Act  (Cost  Savings  Act)(15
  U.S.C.  1901  et seq.) and the National Traffic and Motor Vehicle Safety
  Act (15 U.S.C. 1381, et seq.)
    3. For purposes of this  section,  "no  damage"  means  that,  when  a
  passenger  vehicle  is  subjected to applicable impact testing practices
  and procedures, the exterior  surfaces  shall  have  no  separations  of
  surface materials, paint, polymeric coatings or other covering materials
  from  the  surface to which they are bonded, and no permanent deviations
  from their original contours thirty minutes  after  completion  of  each
  pendulum and barrier impact test, except where such damage occurs to the
  bumper  face  bar  and  the  components  and  associated  fasteners that
  directly attach the bumper face bar to the chassis frame. There shall be
  no breakage or release of fasteners or joints except as described above.
    4. Any manufacturer who violates  subdivision  one  of  this  section,
  without  just  cause,  shall be subject to a civil fine of not more than
  fifty dollars per vehicle  with  respect  to  which  there  has  been  a
  violation  of  this  section.    Civil  penalties so assessed may not be
  deducted as an expense from any tax liability due to any local or  state
  tax jurisdiction.

  S  416-b.  Vehicle  data recording devices. 1. A manufacturer of a new
  motor vehicle sold or leased in this state, which is equipped  with  one
  or more recording devices commonly referred to as "event data recorders"
  including  "sensing  and diagnostic modules" shall disclose that fact in
  or along with the owner's manual for the vehicle.
    2. As used in this section, (a) "event data recorder" means a  feature
  that  is  installed  by  the manufacturer of the vehicle and does one or
  more of the following, for the purpose of capturing data  for  retrieval
  after a crash:
    (i) Records vehicle speed and/or direction.
    (ii) Records vehicle location.
    (iii) Records vehicle steering performance.
    (iv) Records brake performance, including, but not limited to, whether
  brakes were applied before a crash.
    (v) Records the driver's seatbelt status.
    (vi)  Has  the  ability  to transmit information concerning a crash in
  which the motor vehicle has been involved to  a  central  communications
  system when a crash occurs.
    (b)  "owner"  means  a  person  having all the incidents of ownership,
  including the legal title of a vehicle whether or not such person lends,
  rents or creates a security interest in the vehicle; a  person  entitled
  to  the  possession  of  a  vehicle  as  the  purchaser under a security
  agreement; or the person entitled to possession of the vehicle as lessee
  pursuant to a  written  lease  agreement,  provided  such  agreement  at
  inception is for a period in excess of three months.
    3.  Data described in subdivision two of this section that is recorded
  on an event data recorder may not be downloaded or  otherwise  retrieved
  by  a  person  other than the owner of the motor vehicle at the time the
  data is accessed, except under one of the following circumstances:
    (a) The owner of the motor vehicle  or  the  owner's  agent  or  legal
  representative consents to the retrieval of the information.
    (b)  In  response  to  an  order  of  a  court  or  other  judicial or
  administrative authority having jurisdiction to issue the order.
    (c) For the purpose of improving motor  vehicle  safety,  security  or
  traffic  management  including  for medical research of the human body's
  reaction to motor vehicle crashes, provided that  the  identity  of  the
  registered  owner  or  driver  is  not disclosed in connection with that
  retrieved data. For purposes of  this  section  the  disclosure  of  the
  vehicle  identification  number (VIN) with the last four digits deleted,
  does not constitute the disclosure of the  identity  of  the  registered
  owner or driver.
    (d)  The  data  is retrieved by a licensed new motor vehicle dealer as
  defined in section four  hundred  fifteen  of  this  article  or  by  an
  automotive  technician  trained  in  such  retrieval  and  employed by a
  registered motor vehicle repair shop as defined in article  twelve-A  of
  this chapter, for the purpose of diagnosing, servicing, or repairing the
  motor vehicle.
    (e)  The data is retrieved for the purpose of determining the need for
  or facilitating emergency medical response  in  the  event  of  a  motor
  vehicle crash.
    4. A person, including a service or data processor operating on behalf
  of  such a person authorized to download or otherwise retrieve data from
  an event data recorder pursuant to paragraph (c) of subdivision three of
  this section, may not release that data,  except  for  the  purposes  of
  motor  vehicle  safety and medical research communities to advance motor
  vehicle safety, security or traffic management, or to a  data  processor
  solely  for  the  purpose permitted by this subdivision, and only if the
  identity of the owner or driver is not disclosed.
    5. (a) If a motor vehicle is equipped with a recording device that  is
  capable  of  recording  or  transmitting  information  as  described  in
  subparagraph (ii) or (vi) of paragraph (a) of subdivision  two  of  this
  section  and that capability is part of a subscription service, the fact
  that  the  information may be recorded or transmitted shall be disclosed
  in the subscription service agreement.
    (b) Subdivision three of this section does not apply  to  subscription
  services meeting the requirements of paragraph (a) of this subdivision.

   S 417. Certificates  by  retail  dealers on sales of second hand motor
  vehicles. Upon the sale or transfer of title by a retail dealer  of  any
  second  hand  motor vehicle, intended for use by the buyer, his agent or
  representative upon the public highways, the vendor  shall  execute  and
  deliver  to the vendee an instrument in writing, in a form prescribed by
  the commissioner, in which shall be given the make, year of  manufacture
  and  identification  number  of  the  said  motor  vehicle, the name and
  address of the vendee, and the date of  delivery  to  the  vendee.  Such
  notice  shall  also  contain  a  certification  that  said motor vehicle
  complies with such requirements of this chapter as shall be specified by
  the commissioner and that it is in condition and repair to render, under
  normal use, satisfactory and adequate service upon the public highway at
  the time of delivery.
    The failure of the vendor to deliver to  the  vendee  the  certificate
  required  by this section or delivery of a false certificate knowing the
  same to  be  false  or  misleading  or  without  making  an  appropriate
  inspection  to  determine  whether  the contents of such certificate are
  true shall constitute a violation of this section.  The  delivery  of  a
  false  certificate  shall  raise  presumption  that such certificate was
  issued without an appropriate inspection.
    This section shall not apply to  a  motor  vehicle  transferred  to  a
  lessee, a family member of a lessee, or an employee of a lessee, who has
  had possession of the vehicle for a period of one hundred twenty days or
  more under a lease.

   S 417-a. Mandatory   disclosures   by  sellers  prior  to  resale.  1.
  Certificate of prior use by dealer. (a) Upon the  sale  or  transfer  of
  title by a dealer of any second-hand passenger motor vehicle, the dealer
  shall  execute  and  deliver  to the buyer an instrument in writing in a
  form prescribed by the commissioner which shall set forth the nature  of
  the  principal  prior  use  of such vehicle when the dealer knows or has
  reason to know that such use was as a taxicab,  rental  vehicle,  police
  vehicle,  or  vehicle  which  has  been  repurchased  pursuant to either
  section one hundred ninety-eight-a or one hundred ninety-eight-b of  the
  general  business  law,  a  similar  statute  of  another  state,  or an
  arbitration or alternative dispute procedure.
    (b) Upon the sale or transfer of title by a dealer  of  any  passenger
  motor vehicle that the dealer knows or has reason to know was previously
  used as a driver education vehicle, the dealer shall execute and deliver
  to  the  buyer  an  instrument  in  writing  in a form prescribed by the
  commissioner acknowledging such prior use.
    2. Certificate of prior nonconformity by manufacturer or dealer.  Upon
  the sale or transfer of title by a manufacturer, its agent or any dealer
  of  any second-hand motor vehicle, previously returned to a manufacturer
  or  dealer  for  nonconformity  to   its   warranty   or   after   final
  determination,  adjudication  or  settlement  pursuant  to  section  one
  hundred ninety-eight-a or one  hundred  ninety-eight-b  of  the  general
  business  law,  the  manufacturer or dealer shall execute and deliver to
  the buyer  an  instrument  in  writing  in  a  form  prescribed  by  the
  commissioner  setting  forth the following information in ten point, all
  capital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE  MANUFACTURER
  OR  DEALER  BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR
  CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK
  LAW." Such notice that a vehicle was returned  to  the  manufacturer  or
  dealer  because  it  did  not  conform  to  its  warranty  shall also be
  conspicuously printed on the motor vehicle's certificate of title.
    3. Violation. The failure of a dealer to  deliver  to  the  buyer  the
  instrument  required  by  this  section or the delivery of an instrument
  containing false or misleading information shall constitute a  violation
  of this section.
    4.  Private  Remedy. A consumer injured by a violation of this section
  may bring an action to recover damages.  Judgment  may  be  entered  for
  three  times  the  actual  damages suffered by a consumer or one hundred
  dollars, whichever  is  greater.  A  court  also  may  award  reasonable
  attorneys' fees to a prevailing plaintiff buyer.
    5.  a.  Action  by  the  attorney  general. Upon any violation of this
  section, an application may be made by the attorney general in the  name
  of  the  people  of  the  state of New York to a court or justice having
  jurisdiction to issue an injunction, and upon notice to the defendant of
  not less than five days, to enjoin and restrain the continuance  of  the
  violation.  If  it  shall  appear  to  the  satisfaction of the court or
  justice that the defendant has violated this section, an injunction  may
  be issued by the court or justice, enjoining and restraining any further
  violation,  without  requiring  proof that any person has, in fact, been
  injured or damaged thereby. In any such proceeding, the court  may  make
  allowances  to  the  attorney  general  as  provided in paragraph six of
  subdivision (a) of section  eighty-three  hundred  three  of  the  civil
  practice law and rules, and direct restitution.
    b. Whenever the court shall determine that a violation of this section
  has  occurred,  it  may  impose  a  civil  penalty  of not more than one
  thousand dollars for each violation. In connection with  an  application
  made  under this subdivision, the attorney general is authorized to take
  proof and to make a determination of the relevant  facts  and  to  issue
  subpoenas in accordance with the civil practice law and rules.

   S 417-b. Mandatory disclosures by second-hand dealers prior to resale.
  1.  Upon  the sale or transfer of title by any dealer of any second-hand
  motor vehicle which was manufactured  or  assembled  on  or  after  July
  first,  nineteen  hundred  ninety-one and designed as a nineteen hundred
  ninety-two or later model and which the dealer knows or  has  reason  to
  know  that such vehicle is not equipped with a tamper-resistant odometer
  as  provided  in  subdivision  forty-six  of   section   three   hundred
  seventy-five  of  this  chapter, the dealer shall execute and deliver to
  the buyer  an  instrument  in  writing  in  a  form  prescribed  by  the
  commissioner  setting  forth the following information in ten point, all
  capital  type:  "IMPORTANT:  THIS  VEHICLE  IS  NOT  EQUIPPED   WITH   A
  TAMPER-RESISTANT  ODOMETER."  Such notice that a vehicle is not equipped
  with a tamper-resistant odometer shall also be conspicuously printed  on
  the motor vehicle's certificate of title.
    2.  The  failure  of  a  dealer to deliver to the buyer the instrument
  required by this section or the delivery  of  an  instrument  containing
  false  or  misleading  information  shall constitute a violation of this
  section.
    3. A consumer injured by a violation of  this  section  may  bring  an
  action  to  recover damages. Judgment may be entered for three times the
  actual damages suffered by a consumer or one hundred dollars,  whichever
  is  greater.  A  court  also  may  award reasonable attorneys' fees to a
  prevailing plaintiff buyer.
    4. a. Upon any violation of this section, an application may  be  made
  by  the  attorney  general in the name of the people of the state of New
  York to a court or justice having jurisdiction to issue  an  injunction,
  and  upon  notice to the defendant of not less than five days, to enjoin
  and restrain the continuance of the violation. If it shall appear to the
  satisfaction of the court or justice that  the  defendant  has  violated
  this  section,  an  injunction  may  be  issued by the court or justice,
  enjoining and restraining any further violation, without requiring proof
  that any person has, in fact, been injured or damaged  thereby.  In  any
  such  proceeding,  the court may make allowances to the attorney general
  as provided in paragraph six of subdivision (a) of section  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution.
    b. Whenever the court shall determine that a violation of this section
  has occurred, it may impose  a  civil  penalty  of  not  more  than  one
  thousand  dollars  for each violation. In connection with an application
  made under this subdivision, the attorney general is authorized to  take
  proof  and  to  make  a determination of the relevant facts and to issue
  subpoenas in accordance with the civil practice law and rules.

  S 418. Punishment  for  violations.  Except as otherwise provided, the
  violation of any of the provisions of sections four hundred fifteen  and
  four hundred sixteen of this chapter shall be a traffic infraction.

   S  419.  Recreational  vehicle  shows or exhibits. Notwithstanding any
  other provision of this article to the contrary, a recreational  vehicle
  dealer  licensed to do business as such in another state or jurisdiction
  may participate in a vehicle show or exhibit which has, when it opens to
  the public, at least a total of fifty dealers from both this  state  and
  outside this state manning recreational vehicle manufacturer displays if
  the  show  or  exhibit  is trade-oriented and is predominantly funded by
  recreational vehicle manufacturers. All of the participating dealers who
  are not licensed by this state must be from a state contiguous  to  this
  state  which  permits  recreational  vehicle dealers licensed as such in
  this state to participate in like shows or exhibits in that state  under
  conditions  substantially equivalent to the conditions which are imposed
  upon dealers from that state who  participate  in  recreational  vehicle
  shows  or exhibits in this state and are duly licensed and authorized by
  their state of residence to  sell  recreational  vehicles.    Except  as
  otherwise provided, nothing herein shall be deemed to waive or alter any
  other  provision  of  law, rule or regulation.   For the purpose of this
  section, the term "recreational vehicle" shall have the same meaning  as
  "house coach" as such term is defined in section one hundred nineteen of
  this chapter.

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