S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8052
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring sell-
   ers of limited use motorcycles to have  purchasers  provide  proof  of
   registration  of  such  vehicles at the time of purchase; and to amend
   the vehicle and traffic law, in relation to the registration of limit-
   ed use motorcycles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  b  of  subdivision  1 of section 396-qq of the
 general business law, as added by chapter 553 of the laws  of  1996,  is
 amended to read as follows:
   b.  "Motor  vehicle"  as defined in section one hundred twenty-five of
 the vehicle and traffic law [and excluding class A, B and C limited  use
 motorcycles  as defined in section one hundred twenty-one-b of the vehi-
 cle and traffic law].
   § 2. The general business law is amended by adding a new section  396-
 qqq to read as follows:
   §  396-QQQ.  SALE  OF  LIMITED USE MOTORCYCLES; REGISTRATION. 1. DEFI-
 NITIONS. THE FOLLOWING TERMS WHEN USED IN THIS SECTION, SHALL BE  DEEMED
 TO MEAN AND INCLUDE:
   A.  "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
 AND TRAFFIC LAW.
   B. "LIMITED USE MOTORCYCLE" AS DEFINED IN SECTION ONE HUNDRED  TWENTY-
 ONE-B OF THE VEHICLE AND TRAFFIC LAW.
   2.  WHENEVER A DEALER SELLS A LIMITED USE MOTORCYCLE, THE DEALER SHALL
 REQUIRE THE PURCHASER TO PROVIDE PROOF OF REGISTRATION OF  SUCH  LIMITED
 USE  MOTORCYCLE  PRIOR TO TRANSFERRING THE VEHICLE TO THE PURCHASER. THE
 DEALER MAY REGISTER SUCH LIMITED USE MOTORCYCLE  FOR  THE  PURCHASER  IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION THREE HUNDRED NINETY-SIX-QQ OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13243-02-3
 A. 8052                             2
              

 
 THIS  ARTICLE  AS  PROOF  OF  REGISTRATION  IF  THE DEALER PROVIDES SUCH
 SERVICE.
   §  3.  Paragraph  a of subdivision 1 of section 415 of the vehicle and
 traffic law, as amended by chapter 554 of the laws of 2015,  is  amended
 to read as follows:
   a.  "Dealer" means a person engaged in the business of buying, selling
 or dealing in motor vehicles, motorcycles, INCLUDING LIMITED USE  MOTOR-
 CYCLES,  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 subdivi-
 sions 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.
   §  4. Section 2261 of the vehicle and traffic law is amended by adding
 a new subdivision 6 to read as follows:
   6. REGISTRATION AT TIME OF SALE. EVERY LIMITED USE MOTORCYCLE  DEFINED
 BY  SECTION  ONE  HUNDRED  TWENTY-ONE-B OF THIS CHAPTER SOLD BY A DEALER
 SHALL BE REGISTERED AT THE TIME OF SALE OF SUCH VEHICLE. SUCH  REGISTRA-
 TION  SHALL  BE VALID FOR ONE YEAR FOLLOWING THE DATE OF SUCH SALE.  ANY
 LIMITED USE MOTORCYCLE PURCHASED FOR  USE  EXCLUSIVELY  OUTSIDE  OF  THE
 STATE  OF  NEW  YORK  SHALL  NOT  REQUIRE  REGISTRATION  AT  THE TIME OF
 PURCHASE, AND THE PURCHASER OF SUCH LIMITED USE MOTORCYCLE SHALL SIGN  A
 DECLARATION,  PROVIDED  BY  THE  DEALER,  WHICH  SHALL  STATE  THAT SUCH
 PURCHASER UNDERSTANDS THE CONDITIONS UNDER WHICH A LIMITED USE  MOTORCY-
 CLE  MUST  BE REGISTERED AND THE PENALTY FOR VIOLATION OF SUCH REGISTRA-
 TION PROVISIONS. EACH SIGNED DECLARATION SHALL BE FORWARDED BY THE DEAL-
 ER TO THE COMMISSIONER. THE FORM OF SUCH DECLARATION SHALL  BE  PROVIDED
 BY THE COMMISSIONER TO EACH DEALER.
   § 5. This act shall take effect immediately.