[ ] is old law to be omitted.
LBD15268-01-8
S. 8251 2
OF SECTION ONE HUNDRED THREE OF THIS ARTICLE, AND INCLUDING ANY CONDI-
TIONS PRECEDENT TO THE ENFORCEMENT OF OBLIGATIONS UNDER SUCH WARRANTIES.
2. WARRANTIES. A. (I) IF A NEW FIRE VEHICLE WHICH IS SOLD AND REGIS-
TERED IN THIS STATE DOES NOT CONFORM TO ALL EXPRESS WARRANTIES DURING
THE FIRST TWO THOUSAND HOURS OF SERVICE OR DURING THE PERIOD OF TWO
YEARS FOLLOWING THE DATE OF ORIGINAL DELIVERY OF THE FIRE VEHICLE TO THE
MUNICIPAL CONSUMER, WHICHEVER IS THE EARLIER DATE, OR IF A NEW AMBULANCE
WHICH IS SOLD AND REGISTERED IN THIS STATE DOES NOT CONFORM TO ALL
EXPRESS WARRANTIES DURING THE FIRST EIGHTEEN THOUSAND MILES OF OPERATION
OR DURING THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF ORIGINAL DELIV-
ERY OF THE AMBULANCE TO THE MUNICIPAL CONSUMER, WHICHEVER IS THE EARLIER
DATE, THE MUNICIPAL CONSUMER SHALL DURING SUCH PERIOD REPORT THE NONCON-
FORMITY, DEFECT OR CONDITION TO THE MANUFACTURER, ITS AGENT OR ITS
AUTHORIZED DEALER. IF THE NOTIFICATION IS RECEIVED BY THE MANUFACTURER'S
AGENT OR AUTHORIZED DEALER, THE AGENT OR DEALER SHALL WITHIN SEVEN DAYS
FORWARD WRITTEN NOTICE THEREOF TO THE MANUFACTURER BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, AND SHALL INCLUDE IN SUCH NOTICE A STATEMENT
INDICATING WHETHER OR NOT SUCH REPAIRS HAVE BEEN UNDERTAKEN. THE
MANUFACTURER, ITS AGENT OR ITS AUTHORIZED DEALER SHALL CORRECT SAID
NONCONFORMITY, DEFECT OR CONDITION AT NO CHARGE TO THE MUNICIPAL CONSUM-
ER, NOTWITHSTANDING THE FACT THAT SUCH REPAIRS ARE MADE AFTER THE EXPI-
RATION OF SUCH PERIOD OF OPERATION OR SUCH TWO YEAR PERIOD.
(II) IF A MANUFACTURER'S AGENT OR AUTHORIZED DEALER REFUSES TO UNDER-
TAKE REPAIRS WITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE BY A MUNICIPAL
CONSUMER OF A NONCONFORMITY, DEFECT OR CONDITION PURSUANT TO SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, THE MUNICIPAL CONSUMER MAY IMMEDIATELY
FORWARD WRITTEN NOTICE OF SUCH REFUSAL TO THE MANUFACTURER BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED. THE MANUFACTURER OR ITS AUTHORIZED AGENT
SHALL HAVE TWENTY DAYS FROM RECEIPT OF SUCH NOTICE OF REFUSAL TO
COMMENCE SUCH REPAIRS. IF WITHIN SUCH TWENTY DAY PERIOD, THE MANUFACTUR-
ER OR ITS AUTHORIZED AGENT FAILS TO COMMENCE SUCH REPAIRS, THE MANUFAC-
TURER, AT THE OPTION OF THE MUNICIPAL CONSUMER, SHALL REPLACE THE FIRE
VEHICLE OR AMBULANCE WITH A COMPARABLE VEHICLE, OR ACCEPT RETURN OF THE
FIRE VEHICLE OR AMBULANCE FROM THE MUNICIPAL CONSUMER AND REFUND TO THE
MUNICIPAL CONSUMER THE FULL PURCHASE PRICE PLUS FEES AND CHARGES. SUCH
FEES AND CHARGES SHALL INCLUDE BUT NOT BE LIMITED TO ALL LICENSE FEES,
REGISTRATION FEES AND ANY SIMILAR GOVERNMENTAL CHARGES, LESS A REASON-
ABLE ALLOWANCE FOR ANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR
IMPROVEMENTS.
B. (I) IF, WITHIN THE PERIOD SPECIFIED IN PARAGRAPH A OF THIS SUBDIVI-
SION, THE MANUFACTURER OR ITS AGENTS OR AUTHORIZED DEALERS ARE UNABLE TO
REPAIR OR CORRECT ANY DEFECT OR CONDITION WHICH SUBSTANTIALLY IMPAIRS
THE VALUE OF THE FIRE VEHICLE OR AMBULANCE TO THE MUNICIPAL CONSUMER
AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, AT THE OPTION
OF THE MUNICIPAL CONSUMER, SHALL REPLACE THE FIRE VEHICLE OR AMBULANCE
WITH A COMPARABLE VEHICLE, OR ACCEPT RETURN OF THE FIRE VEHICLE OR AMBU-
LANCE FROM THE MUNICIPAL CONSUMER AND REFUND TO THE MUNICIPAL CONSUMER
THE FULL PURCHASE PRICE PLUS FEES AND CHARGES. ANY RETURN OF A FIRE
VEHICLE OR AMBULANCE MAY, AT THE OPTION OF THE MUNICIPAL CONSUMER, BE
MADE TO THE DEALER OR OTHER AUTHORIZED AGENT OF THE MANUFACTURER WHO
SOLD SUCH FIRE VEHICLE OR AMBULANCE TO THE MUNICIPAL CONSUMER OR TO THE
DEALER OR OTHER AUTHORIZED AGENT WHO ATTEMPTED TO REPAIR OR CORRECT THE
DEFECT OR CONDITION WHICH NECESSITATED THE RETURN AND SHALL NOT BE
SUBJECT TO ANY FURTHER SHIPPING CHARGES. SUCH FEES AND CHARGES SHALL
INCLUDE BUT NOT BE LIMITED TO ALL LICENSE FEES, REGISTRATION FEES AND
S. 8251 3
ANY SIMILAR GOVERNMENTAL CHARGES, LESS A REASONABLE ALLOWANCE FOR ANY
DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.
(II) A MANUFACTURER WHICH ACCEPTS RETURN OF A FIRE VEHICLE OR AMBU-
LANCE BECAUSE SUCH VEHICLE DOES NOT CONFORM TO ITS WARRANTY SHALL NOTIFY
THE COMMISSIONER OF MOTOR VEHICLES THAT THE FIRE VEHICLE OR AMBULANCE
WAS RETURNED TO THE MANUFACTURER FOR NONCONFORMITY TO ITS WARRANTY AND
SHALL DISCLOSE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR
HUNDRED SEVENTEEN-C OF THE VEHICLE AND TRAFFIC LAW PRIOR TO RESALE
EITHER AT WHOLESALE OR RETAIL, THAT IT WAS PREVIOUSLY RETURNED TO THE
MANUFACTURER FOR NONCONFORMITY TO ITS WARRANTY. REFUNDS SHALL BE MADE TO
THE MUNICIPAL CONSUMER AND LIENHOLDER, IF ANY, AS THEIR INTERESTS MAY
APPEAR ON THE RECORDS OF OWNERSHIP KEPT BY THE DEPARTMENT OF MOTOR VEHI-
CLES.
(III) IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY CLAIM UNDER THIS
SECTION THAT:
(A) THE NONCONFORMITY, DEFECT OR CONDITION DOES NOT SUBSTANTIALLY
IMPAIR THE VALUE OF THE FIRE VEHICLE OR AMBULANCE; OR
(B) THE NONCONFORMITY, DEFECT OR CONDITION IS THE RESULT OF ABUSE,
NEGLECT, OR UNAUTHORIZED MODIFICATIONS OR ALTERATIONS OF THE FIRE VEHI-
CLE OR AMBULANCE.
C. IT SHALL BE PRESUMED THAT A REASONABLE NUMBER OF ATTEMPTS HAVE BEEN
UNDERTAKEN TO CONFORM A FIRE VEHICLE OR AMBULANCE TO THE APPLICABLE
EXPRESS WARRANTIES, IF:
(I) THE SAME NONCONFORMITY, DEFECT OR CONDITION HAS BEEN SUBJECT TO
REPAIR FOUR OR MORE TIMES BY THE MANUFACTURER OR ITS AGENTS OR AUTHOR-
IZED DEALERS WITHIN THE FIRST TWO THOUSAND HOURS OF SERVICE OR DURING
THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF ORIGINAL DELIVERY OF THE
FIRE VEHICLE TO A MUNICIPAL CONSUMER, WHICHEVER IS THE EARLIER DATE, OR,
WITHIN THE FIRST EIGHTEEN THOUSAND MILES OF OPERATION OR DURING THE
PERIOD OF TWO YEARS FOLLOWING THE DATE OF ORIGINAL DELIVERY OF THE AMBU-
LANCE TO A MUNICIPAL CONSUMER, WHICHEVER IS THE EARLIER DATE, BUT SUCH
NONCONFORMITY, DEFECT OR CONDITION CONTINUES TO EXIST; OR
(II) THE FIRE VEHICLE OR AMBULANCE IS OUT OF SERVICE BY REASON OF
REPAIR OF ONE OR MORE NONCONFORMITIES, DEFECTS OR CONDITIONS FOR A CUMU-
LATIVE TOTAL OF THIRTY OR MORE CALENDAR DAYS DURING EITHER PERIOD,
WHICHEVER IS THE EARLIER DATE.
D. THE TERM OF AN EXPRESS WARRANTY, THE TWO YEAR WARRANTY PERIOD AND
THE THIRTY DAY OUT OF SERVICE PERIOD SHALL BE EXTENDED BY ANY TIME
DURING WHICH REPAIR SERVICES ARE NOT AVAILABLE TO THE MUNICIPAL CONSUMER
BECAUSE OF A WAR, INVASION OR STRIKE, FIRE, FLOOD OR OTHER NATURAL
DISASTER.
3. INFORMAL DISPUTE SETTLEMENT. A. (I) IF A MANUFACTURER HAS ESTAB-
LISHED AN INFORMAL DISPUTE SETTLEMENT MECHANISM, SUCH MECHANISM SHALL
COMPLY IN ALL RESPECTS WITH THE PROVISIONS OF THIS SECTION; PROVIDED,
HOWEVER, THAT THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION CONCERN-
ING REFUNDS OR REPLACEMENT SHALL NOT APPLY TO ANY MUNICIPAL CONSUMER WHO
HAS NOT FIRST RESORTED TO SUCH MECHANISM. IN THE EVENT THAT AN ARBITRA-
TOR IN SUCH AN INFORMAL DISPUTE MECHANISM AWARDS A REFUND OR REPLACEMENT
FIRE VEHICLE OR AMBULANCE, HE OR SHE SHALL NOT REDUCE THE AWARD TO AN
AMOUNT LESS THAN THE FULL PURCHASE PRICE OR A FIRE VEHICLE OR AMBULANCE
OF EQUAL VALUE, PLUS ALL FEES AND CHARGES EXCEPT TO THE EXTENT SUCH
REDUCTIONS ARE SPECIFICALLY PERMITTED UNDER SUBDIVISION TWO OF THIS
SECTION.
(II) A MANUFACTURER SHALL HAVE UP TO THIRTY DAYS FROM THE DATE THE
MUNICIPAL CONSUMER NOTIFIES THE MANUFACTURER OF THEIR ACCEPTANCE OF THE
ARBITRATOR'S DECISION TO COMPLY WITH THE TERMS OF THAT DECISION. FAILURE
S. 8251 4
TO COMPLY WITH THE THIRTY DAY LIMITATION SHALL ALSO ENTITLE THE MUNICI-
PAL CONSUMER TO RECOVER A FEE OF TWENTY-FIVE DOLLARS FOR EACH BUSINESS
DAY OF NONCOMPLIANCE UP TO FIVE HUNDRED DOLLARS. PROVIDED, HOWEVER, THAT
NOTHING CONTAINED IN THIS PARAGRAPH SHALL IMPOSE ANY LIABILITY ON A
MANUFACTURER WHERE A DELAY BEYOND THE THIRTY DAY PERIOD IS ATTRIBUTABLE
TO A MUNICIPAL CONSUMER WHO HAS REQUESTED A REPLACEMENT FIRE VEHICLE OR
AMBULANCE BUILT TO ORDER OR WITH OPTIONS THAT ARE NOT COMPARABLE TO THE
VEHICLE BEING REPLACED OR OTHERWISE MADE COMPLIANCE IMPOSSIBLE WITHIN
SAID PERIOD. IN NO EVENT SHALL A MUNICIPAL CONSUMER WHO HAS RESORTED TO
AN INFORMAL DISPUTE SETTLEMENT MECHANISM BE PRECLUDED FROM SEEKING THE
RIGHTS OR REMEDIES AVAILABLE BY LAW.
B. (I) EACH MUNICIPAL CONSUMER SHALL HAVE THE OPTION OF SUBMITTING ANY
DISPUTE ARISING UNDER THIS SECTION UPON THE PAYMENT OF A PRESCRIBED
FILING FEE TO AN ALTERNATE ARBITRATION MECHANISM ESTABLISHED PURSUANT TO
REGULATIONS PROMULGATED HEREUNDER BY THE NEW YORK STATE ATTORNEY GENER-
AL. UPON APPLICATION OF THE MUNICIPAL CONSUMER AND PAYMENT OF THE FILING
FEE, ALL MANUFACTURERS SHALL SUBMIT TO SUCH ALTERNATE ARBITRATION. SUCH
ALTERNATE ARBITRATION SHALL BE CONDUCTED BY A PROFESSIONAL ARBITRATOR OR
ARBITRATION FIRM APPOINTED BY AND UNDER REGULATIONS ESTABLISHED BY THE
NEW YORK STATE ATTORNEY GENERAL. SUCH MECHANISM SHALL INSURE THE
PERSONAL OBJECTIVITY OF ITS ARBITRATORS AND THE RIGHT OF EACH PARTY TO
PRESENT ITS CASE, TO BE IN ATTENDANCE DURING ANY PRESENTATION MADE BY
THE OTHER PARTY AND TO REBUT OR REFUTE SUCH PRESENTATION. IN ALL OTHER
RESPECTS, SUCH ALTERNATE ARBITRATION MECHANISM SHALL BE GOVERNED BY
ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES; PROVIDED,
HOWEVER, THAT NOTWITHSTANDING PARAGRAPH (I) OF SUBDIVISION (A) OF
SECTION SEVENTY-FIVE HUNDRED TWO OF THE CIVIL PRACTICE LAW AND RULES,
SPECIAL PROCEEDINGS BROUGHT BEFORE A COURT PURSUANT TO SUCH ARTICLE
SEVENTY-FIVE IN RELATION TO AN ARBITRATION HEREUNDER SHALL BE BROUGHT
ONLY IN THE COUNTY WHERE THE MUNICIPAL CONSUMER IS LOCATED OR WHERE THE
ARBITRATION WAS HELD OR IS PENDING.
(II) A COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A MUNICIPAL
CONSUMER WHO PREVAILS IN ANY JUDICIAL ACTION OR PROCEEDING ARISING OUT
OF AN ARBITRATION PROCEEDING HELD PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH. IN THE EVENT A MUNICIPAL CONSUMER IS REQUIRED TO RETAIN THE
SERVICES OF AN ATTORNEY TO ENFORCE COLLECTION OF AN AWARD GRANTED PURSU-
ANT TO THIS SECTION, THE COURT MAY ASSESS AGAINST THE MANUFACTURER
REASONABLE ATTORNEY'S FEES FOR SERVICES RENDERED TO ENFORCE COLLECTION
OF SAID AWARD.
C. (I) EACH MANUFACTURER SHALL REQUIRE THAT EACH INFORMAL DISPUTE
SETTLEMENT MECHANISM USED BY IT PROVIDE, AT A MINIMUM, THE FOLLOWING:
(A) THAT THE ARBITRATORS PARTICIPATING IN SUCH MECHANISM ARE TRAINED
IN ARBITRATION AND FAMILIAR WITH THE PROVISIONS OF THIS SECTION, THAT
THE ARBITRATORS AND MUNICIPAL CONSUMERS WHO REQUEST ARBITRATION ARE
PROVIDED WITH A WRITTEN COPY OF THE PROVISIONS OF THIS SECTION, TOGETHER
WITH THE NOTICE SET FORTH BELOW ENTITLED "NEW EMERGENCY VEHICLE LEMON
LAW BILL OF RIGHTS", AND THAT MUNICIPAL CONSUMERS, UPON REQUEST, ARE
GIVEN AN OPPORTUNITY TO MAKE AN ORAL PRESENTATION TO THE ARBITRATOR;
(B) THAT THE RIGHTS AND PROCEDURES USED IN THE MECHANISM COMPLY WITH
FEDERAL REGULATIONS PROMULGATED BY THE FEDERAL TRADE COMMISSION RELATING
TO INFORMAL DISPUTE SETTLEMENT MECHANISMS; AND
(C) THAT THE REMEDIES SET FORTH UNDER PARAGRAPH C OF SUBDIVISION TWO
OF THIS SECTION ARE AWARDED IF, AFTER A REASONABLE NUMBER OF ATTEMPTS
HAVE BEEN UNDERTAKEN UNDER PARAGRAPH D OF SUBDIVISION TWO OF THIS
SECTION TO CONFORM THE VEHICLE TO THE EXPRESS WARRANTIES, THE DEFECT OR
NONCONFORMITY STILL EXISTS.
S. 8251 5
(II) THE FOLLOWING NOTICE SHALL BE PROVIDED TO MUNICIPAL CONSUMERS AND
ARBITRATORS AND SHALL BE PRINTED IN CONSPICUOUS TEN POINT BOLD FACE
TYPE:
NEW EMERGENCY VEHICLE LEMON LAW BILL OF RIGHTS
(1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR
NEW FIRE VEHICLE, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS
WARRANTED AGAINST ALL MATERIAL DEFECTS FOR THE FIRST TWO THOUSAND HOURS
OF OPERATION OR TWO YEARS, WHICHEVER COMES FIRST AND YOUR NEW AMBULANCE,
IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED AGAINST ALL
MATERIAL DEFECTS FOR THE FIRST EIGHTEEN THOUSAND MILES OR TWO YEARS,
WHICHEVER COMES FIRST.
(2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT OR
AUTHORIZED DEALER.
(3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.
(4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE
ATTEMPTS; OR IF YOUR FIRE VEHICLE OR AMBULANCE IS OUT OF SERVICE TO
REPAIR A PROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD;
OR IF THE MANUFACTURER OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL
DEFECT OR CONDITION WITHIN TWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU
TO THE MANUFACTURER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN
YOU MAY BE ENTITLED TO EITHER A COMPARABLE FIRE VEHICLE OR AMBULANCE,
OR, A REFUND OF YOUR PURCHASE PRICE PLUS LICENSE AND REGISTRATION FEES.
(5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY
ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE FIRE VEHICLE OR
AMBULANCE.
(6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE FIRE VEHICLE OR
AMBULANCE, OR, REFUND YOUR PURCHASE PRICE IF THE PROBLEM DOES NOT
SUBSTANTIALLY IMPAIR THE VALUE OF YOUR FIRE VEHICLE OR AMBULANCE.
(7) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE
MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE FIRE VEHICLE OR AMBU-
LANCE, OR, REFUND YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE
PROCEDURE.
(8) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU
MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S
FEES IF YOU PREVAIL.
(9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
(10) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE
THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO
AN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY
HAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT THE ATTORNEY GENER-
AL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDEPENDENT ARBITRATION.
(III) ALL INFORMAL DISPUTE SETTLEMENT MECHANISMS SHALL MAINTAIN THE
FOLLOWING RECORDS:
(A) THE NUMBER OF PURCHASE PRICE REFUNDS AND FIRE VEHICLE AND AMBU-
LANCE REPLACEMENTS REQUESTED, THE NUMBER OF EACH AWARDED IN ARBITRATION,
THE AMOUNT OF EACH AWARD AND THE NUMBER OF AWARDS THAT WERE COMPLIED
WITH IN A TIMELY MANNER;
(B) THE NUMBER OF AWARDS WHERE ADDITIONAL REPAIRS OR A WARRANTY EXTEN-
SION WAS THE MOST PROMINENT REMEDY, THE AMOUNT OR VALUE OF EACH AWARD,
AND THE NUMBER OF SUCH AWARDS THAT WERE COMPLIED WITH IN A TIMELY
MANNER;
(C) THE NUMBER AND TOTAL DOLLAR AMOUNT OF AWARDS WHERE SOME FORM OF
REIMBURSEMENT FOR EXPENSES OR COMPENSATION FOR LOSSES WAS THE MOST PROM-
INENT REMEDY, THE AMOUNT OR VALUE OF EACH AWARD AND THE NUMBER OF SUCH
AWARDS THAT WERE COMPLIED WITH IN A TIMELY MANNER; AND
S. 8251 6
(D) THE AVERAGE NUMBER OF DAYS FROM THE DATE OF A MUNICIPAL CONSUMER'S
INITIAL REQUEST TO ARBITRATE UNTIL THE DATE OF THE FINAL ARBITRATOR'S
DECISION AND THE AVERAGE NUMBER OF DAYS FROM THE DATE OF THE FINAL
ARBITRATOR'S DECISION TO THE DATE ON WHICH PERFORMANCE WAS SATISFACTORI-
LY CARRIED OUT.
D. ANY ACTION BROUGHT PURSUANT TO THIS SECTION SHALL BE COMMENCED
WITHIN FOUR YEARS OF THE DATE OF ORIGINAL DELIVERY OF THE FIRE VEHICLE
OR AMBULANCE TO THE MUNICIPAL CONSUMER.
4. NOTICE OF RIGHTS. AT THE TIME OF PURCHASE OF A FIRE VEHICLE OR
AMBULANCE, THE MANUFACTURER, ITS AGENT OR AUTHORIZED DEALER SHALL
PROVIDE TO THE MUNICIPAL CONSUMER A NOTICE, PRINTED IN NOT LESS THAN
EIGHT POINT BOLD FACE TYPE, ENTITLED "NEW EMERGENCY VEHICLE LEMON LAW
BILL OF RIGHTS". THE TEXT OF SUCH NOTICE SHALL BE IDENTICAL WITH THE
NOTICE REQUIRED BY PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION.
5. VOID AGREEMENTS. ANY AGREEMENT ENTERED INTO BY A MUNICIPAL CONSUMER
FOR THE PURCHASE OF A NEW FIRE VEHICLE OR AMBULANCE WHICH WAIVES, LIMITS
OR DISCLAIMS THE RIGHTS SET FORTH IN THIS SECTION SHALL BE VOID AS
CONTRARY TO PUBLIC POLICY. SAID RIGHTS SHALL INURE TO A SUBSEQUENT
TRANSFEREE OF SUCH FIRE VEHICLE OR AMBULANCE. ANY PROVISION OF ANY
AGREEMENT ENTERED INTO BY A MUNICIPAL CONSUMER FOR THE PURCHASE OF A NEW
FIRE VEHICLE OR AMBULANCE WHICH INCLUDES AS AN ADDITIONAL COST FOR SUCH
VEHICLE AN EXPENSE IDENTIFIED AS BEING FOR THE PURPOSE OF AFFORDING SUCH
MUNICIPAL CONSUMER THEIR RIGHTS UNDER THIS SECTION, SHALL BE VOID AS
CONTRARY TO PUBLIC POLICY.
6. PRESERVATION OF RIGHTS. NOTHING IN THIS SECTION SHALL IN ANY WAY
LIMIT THE RIGHTS OR REMEDIES WHICH ARE OTHERWISE AVAILABLE TO A MUNICI-
PAL CONSUMER UNDER ANY OTHER LAW.
§ 2. The vehicle and traffic law is amended by adding a new section
417-c to read as follows:
§ 417-C. MANDATORY DISCLOSURES BY SELLERS PRIOR TO RESALE. 1. CERTIF-
ICATE 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 FIRE VEHICLE OR AMBULANCE, PREVIOUSLY RETURNED TO A MANUFAC-
TURER OR DEALER FOR NONCONFORMITY TO ITS WARRANTY OR AFTER FINAL DETER-
MINATION, ADJUDICATION OR SETTLEMENT PURSUANT TO SECTION ONE HUNDRED
NINE-D OF THE GENERAL MUNICIPAL 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
PRINTED IN CONSPICUOUS 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 VEHI-
CLE 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.
2. VIOLATION. THE FAILURE OF A MANUFACTURER OR 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. 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 ATTOR-
NEYS' FEES TO A PREVAILING PLAINTIFF BUYER.
4. ACTION BY THE ATTORNEY GENERAL. A. UPON ANY VIOLATION OF THIS
SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
S. 8251 7
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 AWARD
A SUM NOT EXCEEDING TWO THOUSAND DOLLARS AGAINST EACH DEFENDANT, WHETHER
OR NOT COSTS HAVE BEEN AWARDED, 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 THOU-
SAND 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.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the attorney general is authorized and directed to promulgate any and
all rules and regulations necessary to implement the provisions of this
act on or before its effective date.