NY State Assembly Bill 2019-A8308B

Assembly Bill A8308B

2019-2020 Legislative Session

Prohibits retail dealers of second hand motor vehicles from selling a motor vehicle without a functioning inflatable restraint system

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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
Jul 20, 2020	amended on third reading (t) 8308b
Feb 24, 2020	amended on third reading (t) 8308a
Jan 08, 2020	ordered to third reading cal.324
Jun 17, 2019	ordered to third reading rules cal.481 rules report cal.481 reported reported referred to rules
Jun 14, 2019	reported referred to codes
Jun 13, 2019	referred to transportation

Bill Amendments

Original

B (Active)

2019-A8308 - Details

See Senate Version of this Bill:: S6513
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:: A394, S1834

2019-A8308 - Summary

Prohibits retail dealers of second hand motor vehicles from selling a motor vehicle which is subject to federal motor vehicle safety standards for inflatable restraint systems unless such vehicle is equipped with an inflatable restraint system which conforms to the federal motor vehicle safety standard applicable to that vehicle and a readiness indicator light indicating a functioning inflatable restraint system.

2019-A8308 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8308
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Transportation
 
 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 manufactured on or after September first, nineteen hundred  nine-
   ty-seven unless such vehicle is equipped with a functioning inflatable
   restraint  system  which  conforms to the federal motor vehicle safety
   standard applicable to that vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 417 of the vehicle and traffic law, as amended by
 chapter 206 of the laws of 1979, the closing paragraph as added by chap-
 ter 469 of the laws of 1994, is amended to read as follows:
   § 417. Certificates by retail dealers on sales of  second  hand  motor
 vehicles.  Upon  the sale or transfer of title by a retail dealer of any
 second hand motor vehicle, intended for use by the buyer, his  agent  or
 representative  upon  the  public highways, the vendor shall execute and
 deliver to the vendee an instrument in writing, in a form prescribed  by
 the  commissioner, in which shall be given the make, year of manufacture
 and identification number of  the  said  motor  vehicle,  the  name  and
 address  of  the  vendee,  and  the date of delivery to the vendee. Such
 notice shall also  contain  a  certification  that  said  motor  vehicle
 complies with such requirements of this chapter as shall be specified by
 the commissioner and that it is in condition and repair to render, under
 normal use, satisfactory and adequate service upon the public highway at
 the  time  of delivery. IT SHALL ALSO CERTIFY THAT SUCH VEHICLE COMPLIES
 WITH THE EQUIPMENT REQUIREMENTS IN SECTION FOUR  HUNDRED  NINETEEN-A  OF
 THIS ARTICLE.
   The  failure  of  the  vendor to deliver to the vendee the certificate
 required by this section or delivery of a false certificate knowing  the
 same  to  be  false  or  misleading  or  without  making  an appropriate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13173-02-9

 A. 8308                             2
 
 inspection to determine whether the contents  of  such  certificate  are
 true  shall  constitute  a  violation of this section. The delivery of a
 false certificate shall raise  presumption  that  such  certificate  was
 issued without an appropriate inspection.
   This  section  shall  not  apply  to  a motor vehicle transferred to a
 lessee, a family member of a lessee, or an employee of a lessee, who has
 had possession of the vehicle for a period of one hundred twenty days or
 more under a lease.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 419-a to read as follows:
   § 419-A. INFLATABLE RESTRAINT SYSTEM, REQUIRED EQUIPMENT UPON SALE. NO
 RETAIL  DEALER  MAY  SELL A SECOND HAND MOTOR VEHICLE MANUFACTURED ON OR
 AFTER SEPTEMBER FIRST, NINETEEN HUNDRED NINETY-SEVEN, UNLESS SUCH  VEHI-
 CLE  IS  EQUIPPED  WITH  A FUNCTIONING INFLATABLE RESTRAINT SYSTEM WHICH
 CONFORMS TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARD APPLICABLE TO THAT
 VEHICLE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

2019-A8308A - Details

See Senate Version of this Bill:: S6513
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:: A394, S1834

2019-A8308A - Summary

2019-A8308A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8308--A
                                                         Cal. No. 324
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Transportation -- ordered to a third reading, amended and
   ordered reprinted, retaining its place on the order of third reading
 
 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  a functioning inflatable restraint system
   which conforms to the federal motor vehicle safety standard applicable
   to that vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Anthony
 Amoros' law".
   § 2. Section 417 of the vehicle and traffic law, as amended by chapter
 206 of the laws of 1979, the closing paragraph as added by  chapter  469
 of the laws of 1994, is amended to read as follows:
   § 417. Certificates  by  retail  dealers on sales of second hand motor
 vehicles. Upon the sale or transfer of title by a retail dealer  of  any
 second  hand  motor vehicle, intended for use by the buyer, his agent or
 representative upon the public highways, the vendor  shall  execute  and
 deliver  to the vendee an instrument in writing, in a form prescribed by
 the commissioner, in which shall be given the make, year of  manufacture
 and  identification  number  of  the  said  motor  vehicle, the name and
 address of the vendee, and the date of  delivery  to  the  vendee.  Such
 notice  shall  also  contain  a  certification  that  said motor vehicle
 complies with such requirements of this chapter as shall be specified by
 the commissioner and that it is in condition and repair to render, under
 normal use, satisfactory and adequate service upon the public highway at
 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.

                                                            LBD13173-05-0

 A. 8308--A                          2
 
 WITH  THE  EQUIPMENT  REQUIREMENTS IN SECTION FOUR HUNDRED NINETEEN-A OF
 THIS ARTICLE.
   The  failure  of  the  vendor to deliver to the vendee the certificate
 required by this section or delivery of a false certificate knowing  the
 same  to  be  false  or  misleading  or  without  making  an appropriate
 inspection to determine whether the contents  of  such  certificate  are
 true  shall  constitute  a  violation of this section. The delivery of a
 false certificate shall raise  presumption  that  such  certificate  was
 issued without an appropriate inspection.
   This  section  shall  not  apply  to  a motor vehicle transferred to a
 lessee, a family member of a lessee, or an employee of a lessee, who has
 had possession of the vehicle for a period of one hundred twenty days or
 more under a lease.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 419-a to read as follows:
   § 419-A. INFLATABLE RESTRAINT SYSTEM, REQUIRED EQUIPMENT UPON SALE. NO
 RETAIL  DEALER  MAY SELL A SECOND HAND MOTOR VEHICLE WHICH IS SUBJECT TO
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR INFLATABLE RESTRAINT  SYSTEMS
 AS  PROVIDED  IN  PART  571.208 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
 LATIONS, UNLESS SUCH VEHICLE IS EQUIPPED WITH A  FUNCTIONING  INFLATABLE
 RESTRAINT  SYSTEM  WHICH  CONFORMS  TO SUCH FEDERAL MOTOR VEHICLE SAFETY
 STANDARD APPLICABLE TO THAT VEHICLE.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

2019-A8308B (ACTIVE) - Details

See Senate Version of this Bill:: S6513
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:: A394, S1834

2019-A8308B (ACTIVE) - Summary

2019-A8308B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8308--B
                                                         Cal. No. 324
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Transportation -- ordered to a third reading, amended and
   ordered reprinted, retaining its place on the order of  third  reading
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place on the order of third reading
 
 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:
 
   Section  1.  This  act shall be known and may be cited as the "Anthony
 Amoros' law".
   § 2. Section 417 of the vehicle and traffic law, as amended by chapter
 206 of the laws of 1979, the closing paragraph as added by  chapter  469
 of the laws of 1994, is amended to read as follows:
   § 417. Certificates  by  retail  dealers on sales of second hand motor
 vehicles. Upon the sale or transfer of title by a retail dealer  of  any
 second  hand  motor vehicle, intended for use by the buyer, his agent or
 representative upon the public highways, the vendor  shall  execute  and
 deliver  to the vendee an instrument in writing, in a form prescribed by
 the commissioner, in which shall be given the make, year of  manufacture
 and  identification  number  of  the  said  motor  vehicle, the name and
 address of the vendee, and the date of  delivery  to  the  vendee.  Such
 notice  shall  also  contain  a  certification  that  said motor vehicle
 complies with such requirements of this chapter as shall be specified by
 the commissioner and that it is in condition and repair to render, under
 normal use, satisfactory and adequate service upon the public highway at
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13173-07-0

 A. 8308--B                          2
 
 the time of delivery. IT SHALL ALSO CERTIFY THAT SUCH  VEHICLE  COMPLIES
 WITH  THE  EQUIPMENT  REQUIREMENTS IN SECTION FOUR HUNDRED NINETEEN-A OF
 THIS ARTICLE.
   The  failure  of  the  vendor to deliver to the vendee the certificate
 required by this section or delivery of a false certificate knowing  the
 same  to  be  false  or  misleading  or  without  making  an appropriate
 inspection to determine whether the contents  of  such  certificate  are
 true  shall  constitute  a  violation of this section. The delivery of a
 false certificate shall raise  presumption  that  such  certificate  was
 issued without an appropriate inspection.
   This  section  shall  not  apply  to  a motor vehicle transferred to a
 lessee, a family member of a lessee, or an employee of a lessee, who has
 had possession of the vehicle for a period of one hundred twenty days or
 more under a lease.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 419-a to read as follows:
   § 419-A. INFLATABLE RESTRAINT SYSTEM, REQUIRED EQUIPMENT UPON SALE. NO
 RETAIL  DEALER  MAY SELL A SECOND HAND MOTOR VEHICLE WHICH IS SUBJECT TO
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR INFLATABLE RESTRAINT  SYSTEMS
 AS  PROVIDED  IN  PART  571.208 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
 LATIONS, UNLESS SUCH VEHICLE IS EQUIPPED WITH  AN  INFLATABLE  RESTRAINT
 SYSTEM  WHICH  CONFORMS  TO  SUCH  FEDERAL MOTOR VEHICLE SAFETY STANDARD
 APPLICABLE TO THAT VEHICLE AND A READINESS INDICATOR LIGHT INDICATING  A
 FUNCTIONING INFLATABLE RESTRAINT SYSTEM.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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