S T A T E O F N E W Y O R K
________________________________________________________________________
5765
2015-2016 Regular Sessions
I N S E N A T E
June 2, 2015
___________
Introduced by Sen. ROBACH -- 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 mobility
vehicles and new mobility vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 415 of the vehicle and traffic
law, as amended by chapter 7 of the laws of 2000, is amended to read as
follows:
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
OR HER, 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 organ-
ization.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11468-01-5
S. 5765 2
c. "Place of business" means a designated location at which the busi-
ness 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 exclu-
sively 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 activ-
ities 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 docu-
ment 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: (I) 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; AND (II) A DEALER
IS NOT ACTING AS A NEW MOTOR VEHICLE DEALER WHEN DISPLAYING, ADVERTIS-
ING, STORING AND/OR DEMONSTRATING A NEW MOBILITY VEHICLE.
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 mini-
mum 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
S. 5765 3
were new motor vehicles), regardless of make or model, from any one or
more locations within the state, in the period between July first, nine-
teen hundred ninety-nine and the effective date of [the] chapter SEVEN
of the laws of two thousand [which added this subparagraph]. Notwith-
standing the provisions of subdivision eighteen of this section, the
total number of locations from which a qualified dealer eligible pursu-
ant 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 SEVEN 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 thir-
ty-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 defi-
nition of a new motor vehicle. Provided, however, that such term as used
in paragraph g of this subdivision shall include only those motor vehi-
cles commonly classified as a passenger automobile, sport utility vehi-
cle, 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.
K. "MOBILITY VEHICLE" MEANS A MOTOR VEHICLE THAT IS SPECIALLY
CONVERTED AND EQUIPPED TO TRANSPORT A PERSON WITH A DISABILITY AND IS
ALTERED OR MODIFIED FOR SUCH USE BY AN ALTERER OR FINAL STAGE MANUFAC-
TURER PURSUANT TO PARTS 567 AND 568 OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS OR A MODIFIER PURSUANT TO PART 595 OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS AND THAT:
S. 5765 4
(I) HAS A CHASSIS THAT CONTAINS: (A) A PERMANENTLY LOWERED FLOOR OR
PERMANENTLY LOWERED FRAME; OR (B) A PERMANENTLY RAISED ROOF AND RAISED
DOOR; AND
(II) CONTAINS AT LEAST ONE OF THE FOLLOWING: (A) AN ELECTRONIC OR
MECHANICAL WHEELCHAIR, SCOOTER, OR PLATFORM LIFT THAT ENABLES A PERSON
TO ENTER OR EXIT THE VEHICLE WHILE OCCUPYING A WHEELCHAIR OR SCOOTER;
(B) AN ELECTRONIC OR MECHANICAL WHEELCHAIR RAMP THAT IS INSTALLED AS AN
INTEGRAL PART OR PERMANENT ATTACHMENT TO THE MOTOR VEHICLE.
FOR THE PURPOSES OF THIS SECTION, THE TERMS "ALTERER" AND "FINAL-STAGE
MANUFACTURER" SHALL HAVE THE SAME MEANINGS AS SUCH TERMS ARE DEFINED IN
PART 567.3 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND THE TERM
"MODIFIER" SHALL MEAN ANY MOTOR VEHICLE REPAIR BUSINESS THAT MODIFIES A
MOTOR VEHICLE TO ENABLE A PERSON WITH A DISABILITY TO OPERATE, OR RIDE
AS A PASSENGER IN, THE MOTOR VEHICLE.
L. "NEW MOBILITY VEHICLE" MEANS A MOBILITY VEHICLE THAT HAS NOT PREVI-
OUSLY BEEN TITLED OR REGISTERED FOR OPERATION BY A CONSUMER, EITHER AS A
MOBILITY VEHICLE OR AS A MOTOR VEHICLE.
S 2. Subdivision 7 of section 415 of the vehicle and traffic law is
amended by adding a new paragraph c-1 to read as follows:
C-1. SPECIAL PROVISIONS RELATING TO MOBILITY VEHICLES. (I) ANY DEALER,
OTHER THAN A NEW MOTOR VEHICLE DEALER, ENGAGED IN DISPLAYING, ADVERTIS-
ING, STORING AND/OR DEMONSTRATING MOBILITY VEHICLES SHALL NOTIFY
PROSPECTIVE PURCHASERS REGARDING ANY WARRANTY ON THE MOBILITY MODIFICA-
TIONS AND THE EFFECT OF ANY SUCH MODIFICATIONS OR ALTERATIONS ON ANY
WARRANTY ON THE UNDERLYING MOTOR VEHICLE AND, UPON THE SALE OF ANY SUCH
MOBILITY VEHICLE, PROVIDE THE PURCHASER WITH ANY WARRANTY INFORMATION
AVAILABLE TO ANY SUCH DEALER RELATING TO THE UNDERLYING MOTOR VEHICLE.
(II) NOTWITHSTANDING THE PROVISIONS OF ARTICLE TWELVE-A OF THIS CHAP-
TER, A DEALER ENGAGED IN DISPLAYING, ADVERTISING, STORING AND/OR DEMON-
STRATING MOBILITY VEHICLES MAY, WITHOUT OBTAINING A REPAIR SHOP LICENSE
PURSUANT TO SUCH ARTICLE TWELVE-A, PERFORM REPAIRS ON THOSE PARTS OF THE
MOBILITY VEHICLE THAT ARE UNIQUE TO THE MODIFICATIONS MADE THERETO AND
WHICH ARE NOT PART OF THE ORIGINAL MANUFACTURED MOTOR VEHICLE.
S 3. This act shall take effect on the thirtieth day after which it
shall have become a law.
