NY State Senate Bill 2019-S6513B

Senate Bill S6513B

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 02, 2020	print number 6513b
Jul 02, 2020	amend (t) and recommit to transportation
Feb 19, 2020	print number 6513a
Feb 19, 2020	amend (t) and recommit to transportation
Jan 08, 2020	referred to transportation
Jun 14, 2019	referred to rules

Bill Amendments

Original

B (Active)

2019-S6513 - Details

See Assembly Version of this Bill:: A8308
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1834, A394

2019-S6513 - 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-S6513 - Sponsor Memo

                                
 
BILL NUMBER: S6513

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to prohibiting retail dealers of second hand motor vehicles
from selling motor vehicles manufactured on or after September first,
nineteen hundred ninety-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

NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in
accordance with Senate Rule VI, Sec. 1.

(X) Memo on original bill () Memo on amended bill 6513 SENATE BILL
 :ASSEMBLY BILL  :  SENATE SPONSOR(S): Skoufis ASSEMBLY SPONSOR(S):

 
TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to prohibiting retail dealers of second hand motor vehicles
from selling motor vehicles manufactured on or after September first,
nineteen hundred ninety-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

PURPOSE OF THE
BILL:

The bill will prohibit used car dealers from selling certain vehicles
without a functioning airbag.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 417 of the vehicle and traffic
law in relation to requiring certificates given to a vehicle buyer must
certify that the vehicle is equipped with a functioning airbag.

Section two of the bill amends the vehicle and traffic law by adding a
new section 419-a as it relates to requiring used vehicles sold at
retail to be equipped with an inflatable restraint system that conforms
with the federal motor vehicle safety standards for that vehicle.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill would require used vehicles sold at retail to contain a func-
tioning airbag. Currently, there is no requirement that a used vehicle
sold by a dealer would need to have a working airbag. This leaves motor-
ists with vehicle that does not have one of the most critical safety
devices on a vehicle. All vehicles manufactured after September 1, 1997
are required to be equipped with an airbag.

By requiring all used vehicles to contain a functioning airbag, car
buyers will have assurance that their vehicle is safe to drive.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S6513 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6513
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 6513                             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-S6513A - Details

See Assembly Version of this Bill:: A8308
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1834, A394

2019-S6513A - Summary

2019-S6513A - Sponsor Memo

                                
 
BILL NUMBER: S6513A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to prohibiting
retail dealers of second hand motor vehicles from selling motor vehicles
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

 
PURPOSE OF THE BILL:

The bill will prohibit used car dealers from selling certain vehicles
without a functioning airbag.

 
SUMMARY OF PROVISIONS:

Section one of the bill entitles the act "Anthony Amoros' Law."

Section two of the bill amends section 417 of the vehicle and traffic
law in relation to requiring certificates given to a vehicle buyer must
certify that the vehicle is equipped with a functioning airbag.

Section three of the bill amends the vehicle and traffic law by adding a
new section 419-a as it relates to requiring used vehicles sold at
retail to be equipped with an inflatable restraint system that conforms
with the federal motor vehicle safety standards for that vehicle.

Section four of the bill relates to the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendments clarify that the bill applies to all vehicles required by
federal standards to contain an inflatable restraint system.

 
JUSTIFICATION:

This bill would require used vehicles sold at retail to contain a func-
tioning airbag. Currently, there is no requirement that a used vehicle
sold by a dealer would need to have a working airbag. This potentially
leaves motorists vulnerable by allowing vehicles to be sold that do not
have one of the most critical safety devices.  By requiring all used
vehicles to contain a functioning airbag, car buyers will have assurance
that their vehicle is safe to drive. PRIOR

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S6513A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6513--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted 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  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

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

                                                            LBD13173-06-0

 S. 6513--A                          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 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-S6513B (ACTIVE) - Details

See Assembly Version of this Bill:: A8308
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S1834, A394

2019-S6513B (ACTIVE) - Summary

2019-S6513B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6513B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to prohibiting
retail dealers of second hand motor vehicles from selling motor vehicles
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 vehicle

 
PURPOSE OF THE BILL:

The bill will prohibit used car dealers from selling certain vehicles
without a functioning airbag.

 
SUMMARY OF PROVISIONS:

Section one of the bill entitles the act "Anthony Amoros' Law."

Section two of the bill amends section 417 of the vehicle and traffic
law in relation to requiring certificates given to a vehicle buyer must
certify that the vehicle is equipped with an airbag and a readiness
indicator light that indicates the airbag is functioning.

Section three of the bill amends the vehicle and traffic law by adding a
new section 419-a as it relates to requiring used vehicles sold at
retail to be equipped with an inflatable restraint system that conforms
with the federal motor vehicle safety standards for that vehicle and a
readiness indicator light that indicates the airbag is functioning.

Section four of the bill relates to the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendments clarify that the vehicle must have a readiness indicator
light that indicates the airbag is functioning.

 
JUSTIFICATION:

This bill would require used vehicles sold at retail to contain a func-
tioning airbag. Currently, there is no requirement that a used vehicle
sold by a dealer would need to have a working airbag. This potentially
leaves motorists vulnerable by allowing vehicles to be sold that do not
have one of the most critical safety devices. By requiring all used
vehicles to contain a functioning airbag, car buyers will have assurance
that their vehicle is safe to drive.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S6513B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6513--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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

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

                                                            LBD13173-08-0

 S. 6513--B                          2
 
 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
 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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