NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8450A
SPONSOR: Bores
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
limited use motorcycles to be registered at point of sale
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that all limited use motorcycles are registered at the point
of sale.
 
SUMMARY OF PROVISIONS:
Section one amends section 2267-a of the vehicle and traffic law by
adding new subdivisions one through 11, which require that dealers of
limited use motorcycles issue temporary registration tags to those
purchasing such vehicles, only after obtaining from the customer and
submitting to the Department of Motor Vehicles all necessary documenta-
tion and completed forms, in a manner prescribed by the commissioner.
Section two is the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Conforming changes to Senate version
 
JUSTIFICATION:
The use of mopeds, legally known as limited use motorcycles, has risen
dramatically across New York City in the past year, but all too often
they are unregistered and unlicensed as required under state law. Unreg-
istered vehicles can ride with impunity and have endangered pedestrians,
cyclists, and motorists, with some incidents even resulting in fatali-
ties. Unlike other vehicle types, like ATVs, mopeds are not currently
required to be registered at the point of sale. Closing this loophole
and requiring that all mopeds are registered with the Department of
Motor Vehicles at the point of sale would help ensure we have safe
streets and accountability for these vehicles.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
Act takes effect on the 180th day after it shall become law.
STATE OF NEW YORK
________________________________________________________________________
8450--A
2023-2024 Regular Sessions
IN ASSEMBLY
December 29, 2023
___________
Introduced by M. of A. BORES, SIMONE, EPSTEIN, WEPRIN, COLTON,
SEAWRIGHT, CHANG -- read once and referred to the Committee on Trans-
portation -- recommitted to the Committee on Transportation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to requiring
limited use motorcycles to be registered at point of sale
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 2267-a to read as follows:
3 § 2267-a. Dealers and manufacturers of limited use motorcycles. 1.
4 Where a dealer having a registration under the provisions of section
5 four hundred fifteen of this chapter sells or transfers a limited use
6 motorcycle, they shall issue a temporary registration for such limited
7 use motorcycle, which registration shall permit such limited use motor-
8 cycle to be operated as a duly registered vehicle for a period of thirty
9 days from the date of issuance, other provisions of this chapter
10 notwithstanding. Such temporary registration may be extended by the
11 commissioner for an additional thirty days and shall consist of a form
12 or forms which shall be obtained from the commissioner by the dealer,
13 and executed, issued and displayed in accordance with the provisions of
14 this section and in such manner as the commissioner shall prescribe.
15 2. A qualified dealer may obtain temporary registrations to be issued
16 in accordance with the provisions of this section by applying to the
17 commissioner and paying a fee of three dollars for each such temporary
18 registration. The commissioner may limit the number of temporary regis-
19 trations given to a dealer at any one time or the number of unissued
20 temporary registrations in the possession of a dealer at one time.
21 3. A qualified dealer shall issue a temporary registration under this
22 section only to a person to whom they have sold or transferred a limited
23 use motorcycle. Such a temporary registration may not be issued for a
24 vehicle which is eligible for issuance of a temporary certificate of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13236-05-4
A. 8450--A 2
1 registration pursuant to subdivision seven of section four hundred twen-
2 ty of this chapter. The commissioner may, by regulation, exclude
3 specific classes or types of vehicles from the provisions of this
4 section.
5 4. Before issuing a temporary registration, a qualified dealer must
6 have in their possession all application forms properly completed, all
7 documents, fees and any other charges which must be submitted to the
8 commissioner for the issuance of a registration by the commissioner.
9 Such dealer must make application for registration for such vehicle and
10 must submit all such forms, documents, fees and charges to the commis-
11 sioner in a manner prescribed by the commissioner and, unless otherwise
12 provided by the commissioner, within five calendar days of the date of
13 issuance of the temporary registration.
14 5. Before completion of the purchase of the limited use motorcycle, a
15 qualified dealer must receive attestation from the purchaser that they
16 possess the appropriate drivers' license pursuant to article nineteen of
17 this chapter and are compliant with all requirements listed in this
18 article, as applicable.
19 6. Any registration issued by the commissioner as a result of an
20 application submitted by a qualified dealer who has issued a temporary
21 registration for such limited use motorcycle pursuant to this section
22 shall be issued as of the date the dealer issued the temporary registra-
23 tion.
24 7. In order for a temporary registration issued pursuant to this
25 section to be valid, it must be displayed on the vehicle for which it is
26 issued in the manner prescribed by the commissioner.
27 8. A dealer may not make a separate charge for the issuance of a
28 temporary registration.
29 9. The commissioner may refuse to issue temporary registrations to a
30 dealer registered pursuant to section four hundred fifteen of this chap-
31 ter or they may require the surrender of unissued temporary registra-
32 tions in the possession of such dealer, if he or she determines that the
33 dealer has not complied with the provisions of this section or any regu-
34 lations promulgated thereunder. If the commissioner refuses to issue
35 such temporary registrations or requires the surrender of such temporary
36 registrations, a qualified dealer may request a hearing on such determi-
37 nation by making a written request for such hearing to the commissioner.
38 Upon receipt of such request, a hearing must be held within ten days of
39 receipt.
40 10. If a dealer registration expires or is suspended or revoked, or if
41 a dealer goes out of business, all unissued temporary registrations in
42 the possession of such dealer must be surrendered to the commissioner.
43 Upon application by such dealer, the fee for such unissued temporary
44 registrations shall be refunded upon surrender, except that no such
45 refund shall be made if the dealer registration has been suspended or
46 revoked or the commissioner has required that temporary registrations be
47 surrendered pursuant to subdivision five of this section.
48 11. The commissioner shall prescribe such rules and regulations as may
49 be necessary to carry out the provisions of this section.
50 § 2. This act shall take effect on the one hundred eightieth day after
51 it shall have become a law. Effective immediately, the addition, amend-
52 ment and/or repeal of any rule or regulation necessary for the implemen-
53 tation of this act on its effective date are authorized to be made and
54 completed on or before such effective date.