S T A T E   O F   N E W   Y O R K
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                                  394--A
                                                         Cal. No. 284
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, JACOBSON -- read once and referred to
   the Committee on  Transportation  --  reported  and  referred  to  the
   Committee  on  Codes  --  reported from committee, advanced 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 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04368-02-1

 A. 394--A                           2
 
 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 THE READINESS INDICATOR  LIGHT  DOES  NOT
 INDICATE A MALFUNCTION OF THE 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.