NY State Senate Bill 2015-S4296B

Senate Bill S4296B

2015-2016 Legislative Session

Directs the department of motor vehicles to maintain an internet link of motor vehicle safety recalls, and cause an inquiry to be made thereof upon the annual vehicle inspection

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2016	referred to transportation delivered to assembly passed senate
Feb 29, 2016	advanced to third reading
Feb 25, 2016	2nd report cal.
Feb 24, 2016	1st report cal.208
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 18, 2015	referred to transportation delivered to assembly passed senate
Jun 02, 2015	amended on third reading 4296b
May 27, 2015	amended on third reading 4296a
May 11, 2015	advanced to third reading
May 06, 2015	2nd report cal.
May 05, 2015	1st report cal.525
Mar 11, 2015	referred to transportation

Votes

- Apr 11, 2016 - Floor Vote
  S4296B
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 11, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Marchione
      
      Nozzolio
  Jun 18, 2015 - Floor Vote
  S4296B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Feb 24, 2016 - Transportation Committee Vote
  S4296B
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Feb 24, 2016
      
      aye (18)
      
      Avella
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Diaz
  May 5, 2015 - Transportation Committee Vote
  S4296B
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 5, 2015
      
      aye (18)
      
      Avella
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Martins

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S4296 - Details

See Assembly Version of this Bill:: A6247
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §210-a, amd §304, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3500
2019-2020: A4384

2015-S4296 - Summary

Directs the department of motor vehicles to maintain an internet link of motor vehicle safety recalls; requires official inspection stations to make an inquiry of such link upon inspection of a vehicle, and if such a recall exists on the vehicle, to advise the owner thereof.

2015-S4296 - Sponsor Memo

                                BILL NUMBER:S4296

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the
provision of notice to owners whose motor vehicles are subject to
safety recalls

PURPOSE:

To require the Department of Motor Vehicles to provide notice to motor
vehicle owners whose motor vehicles are subject to a manufacturer
safety recall at the time of the motor vehicle's annual inspection.

SUMMARY OF PROVISIONS:

Section 1 Amends the vehicle and traffic law by adding a new section
210-a to direct the Department of Motor Vehicles to provide access to
the electronic database of all safety recalls issued by the National
Highway Traffic Safety Administration by including a link to
www.safecar.gov on their website. The department is also responsible
to ensure notice of the availability of this information to the public
and directly to every official inspection station.

Section 2 Subdivision (a) of section 304 of the vehicle and traffic
law, as amended by chapter 608 of the laws of 1993, is amended and a

new subdivision (b-1) is added to direct official inspection stations
to make an inquiry to determine if a safety recall on the vehicle
exists. If a recall does exist they must notify the owner in writing
and make them aware that the recall may be repaired at an approved
motor vehicle dealer at no cost.

Section 3 Contains the effective date.

JUSTIFICATION:

The number of motor vehicle safety recalls has reached record levels
with more than 800 recalls affecting almost 64 million vehicles
occurring in 2014. Currently, motor vehicle manufacturers are required
to notify the registered owners of vehicles that are subject to a
safety recall and inform them that the vehicle can be repaired at an
authorized dealer at no cost to the vehicle owner. However, consumers
are often unaware that there is a safety recall if they have purchased
a used car as manufacturers have difficulty keeping track of ownership
when vehicles are traded-in or sold to third parties.

This legislation requires that consumers be notified at the time of
their Department of Motor Vehicles annual inspection if their motor
vehicle has been subject to a manufacturer's recall. If the official
inspection station finds that the motor vehicle is the subject of a
safety recall, it will notify the owner in writing on the Vehicle
Inspection Report that the automobile may be repaired at an authorized
manufacturer dealer at no charge to the vehicle owner.

It further provides that the Department of Motor Vehicles shall
promote and provide notice to consumers of the availability of
information on motor vehicle safety recalls. This includes providing a


link on the DMV website to the National Highway Traffic Safety
Administration's searchable database of safety recalls at
www.safercar.gov. By entering their vehicle's VIN number into
www.safercar.gov a consumer can easily determine if there is a safety
recall on their vehicle. The Department of Motor Vehicles is also
required to provide this information to consumers through an insert
included with a motor vehicle owner's registration or renewal.

This legislation will strengthen consumer protections and enhance
motor vehicle safety in New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that
effective immediately any and all actions necessary to implement the
provision of this act on its effective date are authorized and
directed to be completed by the department of motor vehicles on or
before such effective date.

2015-S4296 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4296

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens.  LITTLE, HANNON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation

AN ACT to amend  the  vehicle  and  traffic  law,  in  relation  to  the
  provision  of  notice  to  owners  whose motor vehicles are subject to
  safety recalls

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 210-a to read as follows:
  S 210-A. MOTOR VEHICLE SAFETY RECALL INFORMATION.  1.  THE  DEPARTMENT
SHALL   MAKE   AVAILABLE   ON   ITS   INTERNET   WEBSITE,   A   LINK  TO
"HTTP://WWW.SAFERCAR.GOV" OPERATED BY THE NATIONAL HIGHWAY TRAFFIC SAFE-
TY ADMINISTRATION AND PROVIDING ALL MOTOR VEHICLE SAFETY RECALLS,  BASED
ON  MOTOR  VEHICLE  MAKE, MODEL, YEAR AND VEHICLE IDENTIFICATION NUMBER,
ISSUED BY SUCH ADMINISTRATION IN ACCORDANCE WITH  THE  NATIONAL  TRAFFIC
AND MOTOR VEHICLE SAFETY ACT.
  2.  THE  DEPARTMENT SHALL ENSURE THAT THE LINK ESTABLISHED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION IS  MADE  DIRECTLY  AVAILABLE  TO  EVERY
OFFICIAL INSPECTION STATION.
  3.  THE  DEPARTMENT  SHALL  PROMOTE  AND  PROVIDE PUBLIC NOTICE OF THE
AVAILABILITY OF INFORMATION ON MOTOR VEHICLE  SAFETY  RECALLS  FROM  THE
DEPARTMENT'S  WEBSITE  AND  THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION AT ITS WEBSITE:  "HTTP://WWW.SAFERCAR.GOV". SUCH  PROMOTION  AND
NOTICE  SHALL  BE PROVIDED ON THE DEPARTMENT'S INTERNET WEBSITE AND ON A
SEPARATE INSERT PROVIDED TO MOTOR VEHICLE OWNERS UPON  THE  ISSUANCE  OR
RENEWAL OF A REGISTRATION PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER.
  S 2. Subdivision (a) of section 304 of the vehicle and traffic law, as
amended  by chapter 608 of the laws of 1993, is amended and a new subdi-
vision (b-1) is added to read as follows:
  (a) No certificate or certificates of inspection shall be issued by an
official inspection station until the mechanisms and other equipment, as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09209-04-5

S. 4296                             2

specified in SUBDIVISION (C) OF section three hundred one [(c)] of  this
[chapter] ARTICLE, of the motor vehicle inspected are in proper and safe
condition  and comply with the rules and regulations of the commissioner
and with the laws of this state, and the emissions of such motor vehicle
conform  with subdivision (d) of section three hundred one of this arti-
cle and regulations promulgated pursuant thereto at the time the certif-
icate is issued, AND THE OFFICIAL INSPECTION STATION SHALL MAKE OR CAUSE
TO BE MADE AN INQUIRY, BASED ON THE VEHICLE IDENTIFICATION NUMBER OF THE
MOTOR VEHICLE, OF THE DEPARTMENT'S MOTOR VEHICLE SAFETY RECALL  INTERNET
LINK TO DETERMINE THE SAFETY RECALLS WHICH EXIST ON THE VEHICLE.
  (B-1) IF AFTER INQUIRY OF THE DEPARTMENT'S MOTOR VEHICLE SAFETY RECALL
INTERNET  LINK,  ESTABLISHED  PURSUANT TO SUBDIVISION ONE OF SECTION TWO
HUNDRED TEN-A OF THIS CHAPTER, THE  OFFICIAL  INSPECTION  STATION  FINDS
THAT  THE INSPECTED MOTOR VEHICLE IS THE SUBJECT OF SAFETY RECALLS, SUCH
STATION SHALL NOTIFY THE OWNER, IN WRITING, OF THE MOTOR VEHICLE  SAFETY
RECALLS  THAT  THE MOTOR VEHICLE IS SUBJECT TO, THAT SUCH RECALLS MAY BE
REPAIRED AT A MOTOR VEHICLE DEALER APPROVED BY THE MANUFACTURER  OF  THE
VEHICLE,  AND  THAT  FURTHER  INFORMATION ON THE RECALLS MAY BE OBTAINED
FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ON ITS  WEBSITE:
"HTTP://WWW.SAFERCAR.GOV".
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately  any and all actions necessary to implement
the provisions of this act on its  effective  date  are  authorized  and
directed  to  be  completed  by  the  department of motor vehicles on or
before such effective date.

co-Sponsors

2015-S4296A - Details

See Assembly Version of this Bill:: A6247
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §210-a, amd §304, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3500
2019-2020: A4384

2015-S4296A - Summary

2015-S4296A - Sponsor Memo

                                BILL NUMBER:S4296A

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the provision of notice to owners whose motor vehicles are
subject to safety recalls

PURPOSE:

To direct the department of motor vehicles to maintain an internet
link of motor vehicle safety recalls, and cause an inquiry to be made
thereof upon the annual vehicle inspection.

SUMMARY OF PROVISIONS:

Section 1 Amends the vehicle and traffic law by adding a new section
210-a to direct the department of motor vehicles to provide access to
the electronic database of all safety recalls issued by the National
Highway Traffic Safety Administration by including a link to
"safecar.gov" on their website. The department shall promote and
provide public notice of this information on their website and on a
separate insert provided to motor vehicle owners upon issuance or
renewal of a registration.

Section 2 Subdivision (a) of section 304 of the vehicle and traffic
law, as amended by chapter 608 of the laws of 1993, is amended and a
new subdivision (b-1) is added to direct official inspection stations

to submit to the department the vehicle identification number at the
time of inspection. The department shall determine if a safety recall
on the vehicle exists by reviewing the NHTSA website" safercar.gov".
If a recall exists, the owner will be notified in writing on the
printed vehicle inspection report. If the owner is a dealer, the
dealer shall provide such vehicle inspection report to the next retail
purchaser or lessee.

Section 3 Contains the effective date.

JUSTIFICATION:

The number of motor vehicle safety recalls has reached record levels
with more than 800 recalls affecting almost 64 million vehicles
occurring in 2014. Currently, motor vehicle manufacturers are required
to notify the registered owners of vehicles that are subject to a
safety recall and inform them that the vehicle can be repaired at an
authorized dealer at no cost to the vehicle owner. However, consumers
are often unaware that there is a safety recall if they have purchased
a used car as manufacturers have difficulty keeping track of ownership
when vehicles are traded-in or sold to third parties.

This legislation requires that consumers be notified if their motor
vehicle has been subject to a manufacturer's recall at the time of
their Department of Vehicle annual inspection. If the official
inspection station finds through a department check of the NHTSA
website that the motor vehicle is the subject of a safety recall, it
will notify the owner in writing on the Vehicle Inspection Report that
the automobile may be repaired at an authorized manufacturer dealer at
no charge to the vehicle owner. If the owner is a dealer, the dealer


shall provide the vehicle inspection report to the next retail
purchaser or lessee of the motor vehicle.

It further provides that the Department of Motor Vehicles shall
promote and provide notice to consumers of the availability of
information on motor vehicle safety recalls. This includes providing a
link to the National Highway Traffic Safety Administration's
searchable database of safety recalls on their website safercar.gov.
By entering their vehicle's VIN number into safercar.gov a consumer
can easily determine if there is a safety recall on their vehicle.
The Department of Motor Vehicles is also required to provide this
information to consumers through an insert included with all motor
vehicle owner's registration or renewal.

This legislation will strengthen consumer protections and enhance
motor vehicle safety in New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that
effective immediately any and all actions necessary to implement the
provision of this act on its effective date are authorized and
directed to be completed by the department of motor vehicles on or
before such effective date.

2015-S4296A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4296--A
    Cal. No. 525

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced by Sens. LITTLE, CROCI, HANNON, SEWARD, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Transportation  -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  vehicle  and  traffic  law,  in relation to the
  provision of notice to owners whose  motor  vehicles  are  subject  to
  safety recalls

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 210-a to read as follows:
  S  210-A.  MOTOR  VEHICLE SAFETY RECALL INFORMATION. 1. THE DEPARTMENT
SHALL  MAKE   AVAILABLE   ON   ITS   INTERNET   WEBSITE,   A   LINK   TO
"HTTP://WWW.SAFERCAR.GOV" OPERATED BY THE NATIONAL HIGHWAY TRAFFIC SAFE-
TY  ADMINISTRATION AND PROVIDING ALL MOTOR VEHICLE SAFETY RECALLS, BASED
ON MOTOR VEHICLE MAKE, MODEL, YEAR AND  VEHICLE  IDENTIFICATION  NUMBER,
ISSUED  BY  SUCH  ADMINISTRATION IN ACCORDANCE WITH THE NATIONAL TRAFFIC
AND MOTOR VEHICLE SAFETY ACT.
  2. THE DEPARTMENT SHALL PROMOTE  AND  PROVIDE  PUBLIC  NOTICE  OF  THE
AVAILABILITY  OF  INFORMATION  ON  MOTOR VEHICLE SAFETY RECALLS FROM THE
DEPARTMENT'S WEBSITE AND THE NATIONAL HIGHWAY  TRAFFIC  SAFETY  ADMINIS-
TRATION  AT  ITS WEBSITE:  "HTTP://WWW.SAFERCAR.GOV". SUCH PROMOTION AND
NOTICE SHALL BE PROVIDED ON THE DEPARTMENT'S INTERNET WEBSITE AND  ON  A
SEPARATE  INSERT  PROVIDED  TO MOTOR VEHICLE OWNERS UPON THE ISSUANCE OR
RENEWAL OF A REGISTRATION PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER.
  S 2. Subdivision (a) of section 304 of the vehicle and traffic law, as
amended by chapter 608 of the laws of 1993, is amended and a new  subdi-
vision (b-1) is added to read as follows:
  (a) No certificate or certificates of inspection shall be issued by an
official inspection station until the mechanisms and other equipment, as

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

                                                           LBD09209-10-5

S. 4296--A                          2

specified  in SUBDIVISION (C) OF section three hundred one [(c)] of this
[chapter] ARTICLE, of the motor vehicle inspected are in proper and safe
condition and comply with the rules and regulations of the  commissioner
and with the laws of this state, and the emissions of such motor vehicle
conform  with subdivision (d) of section three hundred one of this arti-
cle and regulations promulgated pursuant thereto at the time the certif-
icate is issued.
  (B-1) AN OFFICIAL INSPECTION STATION SHALL SUBMIT  TO  THE  DEPARTMENT
THE VEHICLE IDENTIFICATION NUMBER OF EACH VEHICLE SUBJECT TO INSPECTION.
THE  DEPARTMENT,  AFTER  REVIEW  OF  THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION'S WEBSITE "HTTP://WWW.SAFERCAR.GOV",  SHALL  PRODUCE  AND
PROVIDE  TO  THE OFFICIAL INSPECTION STATION A VEHICLE INSPECTION REPORT
INCLUDING A STATEMENT OF ANY MOTOR VEHICLE SAFETY RECALLS THAT THE MOTOR
VEHICLE IS SUBJECT TO, THAT SUCH RECALLS MAY  BE  REPAIRED  BY  A  MOTOR
VEHICLE  DEALER  APPROVED  BY  THE MANUFACTURER OF THE VEHICLE, AND THAT
FURTHER INFORMATION ON THE RECALLS MAY BE  OBTAINED  FROM  THE  NATIONAL
HIGHWAY     TRAFFIC    SAFETY    ADMINISTRATION    ON    ITS    WEBSITE:
"HTTP://WWW.SAFERCAR.GOV". THE  OFFICIAL  INSPECTION  STATEMENT  STATION
SHALL DELIVER SUCH PRINTED VEHICLE INSPECTION REPORT TO THE OWNER OF THE
INSPECTED  MOTOR  VEHICLE.  IF  THE  OWNER IS A DEALER, THE DEALER SHALL
PROVIDE SUCH VEHICLE INSPECTION REPORT TO THE NEXT RETAIL  PURCHASER  OR
LESSEE OF THE MOTOR VEHICLE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately  any and all actions necessary to implement
the provisions of this act on its  effective  date  are  authorized  and
directed  to  be  completed  by  the  department of motor vehicles on or
before such effective date.

co-Sponsors

View additional co-sponsors

2015-S4296B (ACTIVE) - Details

See Assembly Version of this Bill:: A6247
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §210-a, amd §304, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3500
2019-2020: A4384

2015-S4296B (ACTIVE) - Summary

2015-S4296B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4296B

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the provision of notice to owners whose motor vehicles are
subject to safety recalls

PURPOSE:  To direct the department of motor vehicles to maintain an
internet link of motor vehicle safety recalls, and cause an inquiry to
be made thereof upon the annual vehicle inspection.

SUMMARY OF PROVISIONS:

Section 1 Amends the vehicle and traffic law by adding a new section
210-a to direct the department of motor vehicles to provide access to
the electronic database of all safety recalls issued by the National
Highway Traffic Safety Administration by including a link to
"safecar.gov" on their website. The department shall promote and
provide public notice of this information on their website and on a
separate insert provided to motor vehicle owners upon issuance or
renewal of a registration.

Section 2 Subdivision (a) of section 304 of the vehicle and traffic
law, as amended by chapter 608 of the laws of 1993, is amended and a
new subdivision (b-1) is added to direct official inspection stations
to submit to the department of motor vehicles the vehicle
identification number. The department will reviews the website and

shall provide to the inspection station a vehicle inspection report
including any recalls that the vehicle is subject to. If the owner is
a dealer, the dealer shall provide such vehicle inspection report to
the next retail purchaser or lessee.

Section 3 Contains the effective date.

JUSTIFICATION:  The number of motor vehicle safety recalls has reached
record levels with more than 800 recalls affecting almost 64 million
vehicles occurring in 2014. Currently, motor vehicle manufacturers are
required to notify the registered owners of vehicles that are subject
to a safety recall and inform them that the vehicle can be repaired at
an authorized dealer at no cost to the vehicle owner. However,
consumers are often unaware that there is a safety recall if they have
purchased a used car as manufacturers have difficulty keeping track of
ownership when vehicles are traded-in or sold to third parties.

This legislation requires that consumers be notified if their motor
vehicle has been subject to a manufacturer's recall at the time of
their Department of Vehicle annual inspection. If the official
inspection station finds that the motor vehicle is the subject of a
safety recall, it will notify the owner in writing on the Vehicle
Inspection Report that the automobile may be repaired at an authorized
manufacturer dealer at no charge to the vehicle owner

It further provides that the Department of Motor Vehicles shall
promote and provide notice to consumers of the availability of
information on motor vehicle safety recalls. This includes providing a
link to the National Highway Traffic Safety Administration's
searchable database of safety recalls on their website safercar.gov.
By entering their vehicle's VIN number into safercar.gov a consumer


can easily determine if there is a safety recall on their vehicle.
The Department of Motor Vehicles is also required to provide this
information to consumers through an insert included with all motor
vehicle owner's registration or renewal.

This legislation will strengthen consumer protections and enhance
motor vehicle safety in New York.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the first of January
next succeeding the date on which it shall have become a law;
provided, however, that effective immediately any and all actions
necessary to implement the provision of this act on its effective date
are authorized and directed to be completed by the department of motor
vehicles on or before such effective date.

2015-S4296B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4296--B
    Cal. No. 525

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced by Sens. LITTLE, CROCI, HANNON, SEWARD, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Transportation  -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend  the  vehicle  and  traffic  law,  in relation to the
  provision of notice to owners whose  motor  vehicles  are  subject  to
  safety recalls

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 210-a to read as follows:
  S  210-A.  MOTOR  VEHICLE SAFETY RECALL INFORMATION. 1. THE DEPARTMENT
SHALL  MAKE   AVAILABLE   ON   ITS   INTERNET   WEBSITE,   A   LINK   TO
"HTTP://WWW.SAFERCAR.GOV" OPERATED BY THE NATIONAL HIGHWAY TRAFFIC SAFE-
TY  ADMINISTRATION AND PROVIDING ALL MOTOR VEHICLE SAFETY RECALLS, BASED
ON MOTOR VEHICLE MAKE, MODEL, YEAR AND  VEHICLE  IDENTIFICATION  NUMBER,
ISSUED  BY  SUCH  ADMINISTRATION IN ACCORDANCE WITH THE NATIONAL TRAFFIC
AND MOTOR VEHICLE SAFETY ACT.
  2. THE DEPARTMENT SHALL PROMOTE  AND  PROVIDE  PUBLIC  NOTICE  OF  THE
AVAILABILITY  OF  INFORMATION  ON  MOTOR VEHICLE SAFETY RECALLS FROM THE
DEPARTMENT'S WEBSITE AND THE NATIONAL HIGHWAY  TRAFFIC  SAFETY  ADMINIS-
TRATION  AT  ITS WEBSITE:  "HTTP://WWW.SAFERCAR.GOV". SUCH PROMOTION AND
NOTICE SHALL BE PROVIDED ON THE DEPARTMENT'S INTERNET WEBSITE AND  ON  A
SEPARATE  INSERT  PROVIDED  TO MOTOR VEHICLE OWNERS UPON THE ISSUANCE OR
RENEWAL OF A REGISTRATION PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER.
  S 2. Subdivision (a) of section 304 of the vehicle and traffic law, as
amended by chapter 608 of the laws of 1993, is amended and a new  subdi-
vision (b-1) is added to read as follows:

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

                                                           LBD09209-12-5

S. 4296--B                          2

  (a) No certificate or certificates of inspection shall be issued by an
official inspection station until the mechanisms and other equipment, as
specified  in SUBDIVISION (C) OF section three hundred one [(c)] of this
[chapter] ARTICLE, of the motor vehicle inspected are in proper and safe
condition  and comply with the rules and regulations of the commissioner
and with the laws of this state, and the emissions of such motor vehicle
conform with subdivision (d) of section three hundred one of this  arti-
cle and regulations promulgated pursuant thereto at the time the certif-
icate is issued.
  (B-1)  AN  OFFICIAL  INSPECTION STATION SHALL SUBMIT TO THE DEPARTMENT
THE VEHICLE IDENTIFICATION NUMBER OF EACH VEHICLE SUBJECT TO INSPECTION.
THE DEPARTMENT, AFTER REVIEW OF  THE  NATIONAL  HIGHWAY  TRAFFIC  SAFETY
ADMINISTRATION'S  WEBSITE  "HTTP://WWW.SAFERCAR.GOV",  SHALL PRODUCE AND
PROVIDE TO THE OFFICIAL INSPECTION STATION A VEHICLE  INSPECTION  REPORT
INCLUDING A STATEMENT OF ANY MOTOR VEHICLE SAFETY RECALL OR RECALLS THAT
THE  MOTOR VEHICLE IS SUBJECT TO, THAT SUCH RECALLS MAY BE REPAIRED BY A
MOTOR VEHICLE DEALER APPROVED BY THE MANUFACTURER OF  THE  VEHICLE,  AND
THAT  FURTHER  INFORMATION  ON  THE  RECALLS  MAY  BE  OBTAINED FROM THE
NATIONAL  HIGHWAY  TRAFFIC  SAFETY  ADMINISTRATION   ON   ITS   WEBSITE:
"HTTP://WWW.SAFERCAR.GOV". THE OFFICIAL INSPECTION STATION SHALL DELIVER
SUCH  PRINTED  VEHICLE  INSPECTION  REPORT TO THE OWNER OF THE INSPECTED
MOTOR VEHICLE. IF THE OWNER IS A DEALER, THE DEALER SHALL  PROVIDE  SUCH
VEHICLE  INSPECTION REPORT TO THE NEXT RETAIL PURCHASER OR LESSEE OF THE
MOTOR VEHICLE.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately any and all actions  necessary  to  implement
the  provisions  of  this  act  on its effective date are authorized and
directed to be completed by the  department  of  motor  vehicles  on  or
before such effective date.

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Senate Bill S4296B

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2015-S4296B (ACTIVE) - Details

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2015-S4296B (ACTIVE) - Bill Text download pdf

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