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S01834 Summary:

S01834 Actions:

S01834 Committee Votes:

S01834 Floor Votes:

S01834 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1834--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2021
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
          retail  dealers of second hand motor vehicles from selling motor vehi-
          cles required to contain an inflatable restraint system by the federal
          motor vehicle safety standard applicable to that vehicle  unless  such
          vehicle is equipped with an inflatable restraint system which conforms
          to  the federal motor vehicle safety standard applicable to that vehi-
          cle
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act shall be known and may be cited as the "Anthony
     2  Amoros' law".
     3    § 2. Section 417 of the vehicle and traffic law, as amended by chapter
     4  206 of the laws of 1979, the closing paragraph as added by  chapter  469
     5  of the laws of 1994, is amended to read as follows:
     6    § 417. Certificates  by  retail  dealers on sales of second hand motor
     7  vehicles. Upon the sale or transfer of title by a retail dealer  of  any
     8  second  hand  motor vehicle, intended for use by the buyer, his agent or
     9  representative upon the public highways, the vendor  shall  execute  and
    10  deliver  to the vendee an instrument in writing, in a form prescribed by
    11  the commissioner, in which shall be given the make, year of  manufacture
    12  and  identification  number  of  the  said  motor  vehicle, the name and
    13  address of the vendee, and the date of  delivery  to  the  vendee.  Such
    14  notice  shall  also  contain  a  certification  that  said motor vehicle
    15  complies with such requirements of this chapter as shall be specified by
    16  the commissioner and that it is in condition and repair to render, under
    17  normal use, satisfactory and adequate service upon the public highway at
    18  the time of delivery. It shall also certify that such  vehicle  complies

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04368-03-1
        S. 1834--A                          2
 
     1  with  the  equipment  requirements in section four hundred nineteen-a of
     2  this article.
     3    The  failure  of  the  vendor to deliver to the vendee the certificate
     4  required by this section or delivery of a false certificate knowing  the
     5  same  to  be  false  or  misleading  or  without  making  an appropriate
     6  inspection to determine whether the contents  of  such  certificate  are
     7  true  shall  constitute  a  violation of this section. The delivery of a
     8  false certificate shall raise  presumption  that  such  certificate  was
     9  issued without an appropriate inspection.
    10    This  section  shall  not  apply  to  a motor vehicle transferred to a
    11  lessee, a family member of a lessee, or an employee of a lessee, who has
    12  had possession of the vehicle for a period of one hundred twenty days or
    13  more under a lease.
    14    § 3. The vehicle and traffic law is amended by adding  a  new  section
    15  419-a to read as follows:
    16    § 419-a. Inflatable restraint system, required equipment upon sale. No
    17  retail  dealer  may sell a second hand motor vehicle which is subject to
    18  federal motor vehicle safety standards for inflatable restraint  systems
    19  as  provided  in  part  571.208 of title 49 of the code of federal regu-
    20  lations, unless such vehicle is equipped with  an  inflatable  restraint
    21  system  which  conforms  to  such  federal motor vehicle safety standard
    22  applicable to that vehicle and the readiness indicator  light  does  not
    23  indicate a malfunction of the inflatable restraint system.
    24    §  4.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law. Effective immediately, the addition, amendment and/or
    26  repeal of any rule or regulation necessary  for  the  implementation  of
    27  this  act  on its effective date are authorized to be made and completed
    28  on or before such effective date.