Senate Bill S2537

2023-2024 Legislative Session

Relates to safety recalls on used motor vehicles

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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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2023-S2537 (ACTIVE) - Details

See Assembly Version of this Bill:
A3114
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8268
2019-2020: S5365, A1380
2021-2022: S5593, A937

2023-S2537 (ACTIVE) - Summary

Relates to safety recalls on used motor vehicles; requires dealers to provide notice to purchasers of safety recalls.

2023-S2537 (ACTIVE) - Sponsor Memo

2023-S2537 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2537
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to safety  recalls
   on used motor vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 198-d to read as follows:
   § 198-D. USED MOTOR VEHICLES; RECALLS. (A) FOR  THE  PURPOSE  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (1) "DEALER" SHALL HAVE THE SAME MEANING AS PARAGRAPH A OF SUBDIVISION
 ONE OF SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
   (2) "USED MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS PARAGRAPH I OF
 SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAF-
 FIC LAW.
   (3)  "STOP  DRIVE ORDER" SHALL MEAN A NOTIFICATION ISSUED UNDER 49 USC
 SECTION 30118 WHICH INCLUDES PRECAUTIONARY  ADVICE  TO  STOP  DRIVING  A
 MOTOR  VEHICLE  (INCLUDING  THE  VEHICLE  IDENTIFICATION NUMBER FOR SUCH
 VEHICLE).
   (B) WHERE A FRANCHISOR OR MANUFACTURER, AS  DEFINED  BY  SECTION  FOUR
 HUNDRED SIXTY-TWO OF THE VEHICLE AND TRAFFIC LAW, DIRECTLY OR INDIRECTLY
 SUBJECTS  ANY  DEALER  TO  ANY FINANCIAL OR OTHER PENALTIES OR OTHERWISE
 PENALIZES OR PREVENTS A DEALER FROM SELLING OR LEASING  ANY  USED  MOTOR
 VEHICLE  SUBJECT  TO  RECALL,  INCLUDING WHERE ANY SUCH RESTRICTIONS ARE
 IMPOSED BY THE MANUFACTURER, EITHER THROUGH  THE  ISSUANCE  OF  A  "STOP
 SELL"  OR  ANY  OTHER  COMMUNICATION THAT PREVENTS OR PENALIZES A DEALER
 FROM OFFERING A VEHICLE FOR SALE, OR FEDERAL, STATE,  OR  LOCAL  LAW  OR
 REGULATION:
   (1)  THE FRANCHISOR OR MANUFACTURER SHALL, WHERE PARTS OR A REMEDY ARE
 NOT REASONABLY AVAILABLE AND A POLICY DESCRIBED IN THIS  SUBDIVISION  IS
 IN  EFFECT, FOLLOWING FIFTEEN DAYS NOTICE FROM A DEALER THAT THEY ARE IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04323-01-3
              

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