S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7703--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 13, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SALAZAR -- 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  requiring
   limited use motorcycles to be registered at point of sale
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 2267-a to read as follows:
   § 2267-A. DEALERS  AND  MANUFACTURERS  OF LIMITED USE MOTORCYCLES.  1.
 WHERE A DEALER HAVING A REGISTRATION UNDER  THE  PROVISIONS  OF  SECTION
 FOUR  HUNDRED  FIFTEEN  OF THIS CHAPTER SELLS OR TRANSFERS A LIMITED USE
 MOTORCYCLE, THEY SHALL ISSUE A TEMPORARY REGISTRATION FOR  SUCH  LIMITED
 USE  MOTORCYCLE, WHICH REGISTRATION SHALL PERMIT SUCH LIMITED USE MOTOR-
 CYCLE TO BE OPERATED AS A DULY REGISTERED VEHICLE FOR A PERIOD OF THIRTY
 DAYS FROM THE  DATE  OF  ISSUANCE,  OTHER  PROVISIONS  OF  THIS  CHAPTER
 NOTWITHSTANDING.  SUCH  TEMPORARY  REGISTRATION  MAY  BE EXTENDED BY THE
 COMMISSIONER FOR AN ADDITIONAL THIRTY DAYS AND SHALL CONSIST OF  A  FORM
 OR  FORMS  WHICH  SHALL BE OBTAINED FROM THE COMMISSIONER BY THE DEALER,
 AND EXECUTED, ISSUED AND DISPLAYED IN ACCORDANCE WITH THE PROVISIONS  OF
 THIS SECTION AND IN SUCH MANNER AS THE COMMISSIONER SHALL PRESCRIBE.
   2.  A QUALIFIED DEALER MAY OBTAIN TEMPORARY REGISTRATIONS TO BE ISSUED
 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  BY  APPLYING  TO  THE
 COMMISSIONER  AND  PAYING A FEE OF THREE DOLLARS FOR EACH SUCH TEMPORARY
 REGISTRATION. THE COMMISSIONER MAY LIMIT THE NUMBER OF TEMPORARY  REGIS-
 TRATIONS  GIVEN  TO  A  DEALER AT ANY ONE TIME OR THE NUMBER OF UNISSUED
 TEMPORARY REGISTRATIONS IN THE POSSESSION OF A DEALER AT ONE TIME.
   3. A QUALIFIED DEALER SHALL ISSUE A TEMPORARY REGISTRATION UNDER  THIS
 SECTION ONLY TO A PERSON TO WHOM THEY HAVE SOLD OR TRANSFERRED A LIMITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13236-04-4
              

 S. 7703--A                          2
 
 USE  MOTORCYCLE.  SUCH  A TEMPORARY REGISTRATION MAY NOT BE ISSUED FOR A
 VEHICLE WHICH IS ELIGIBLE FOR ISSUANCE OF  A  TEMPORARY  CERTIFICATE  OF
 REGISTRATION PURSUANT TO SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWEN-
 TY  OF  THIS  CHAPTER.    THE  COMMISSIONER  MAY, BY REGULATION, EXCLUDE
 SPECIFIC CLASSES OR TYPES  OF  VEHICLES  FROM  THE  PROVISIONS  OF  THIS
 SECTION.
   4.  BEFORE  ISSUING  A TEMPORARY REGISTRATION, A QUALIFIED DEALER MUST
 HAVE IN THEIR POSSESSION ALL APPLICATION FORMS PROPERLY  COMPLETED,  ALL
 DOCUMENTS,  FEES  AND  ANY  OTHER CHARGES WHICH MUST BE SUBMITTED TO THE
 COMMISSIONER FOR THE ISSUANCE OF A  REGISTRATION  BY  THE  COMMISSIONER.
 SUCH  DEALER MUST MAKE APPLICATION FOR REGISTRATION FOR SUCH VEHICLE AND
 MUST SUBMIT ALL SUCH FORMS, DOCUMENTS, FEES AND CHARGES TO  THE  COMMIS-
 SIONER  IN A MANNER PRESCRIBED BY THE COMMISSIONER AND, UNLESS OTHERWISE
 PROVIDED BY THE COMMISSIONER, WITHIN FIVE CALENDAR DAYS OF THE  DATE  OF
 ISSUANCE OF THE TEMPORARY REGISTRATION.
   5.  BEFORE COMPLETION OF THE PURCHASE OF THE LIMITED USE MOTORCYCLE, A
 QUALIFIED DEALER MUST RECEIVE ATTESTATION FROM THE PURCHASER  THAT  THEY
 POSSESS THE APPROPRIATE DRIVERS' LICENSE PURSUANT TO ARTICLE NINETEEN OF
 THIS  CHAPTER  AND  ARE  COMPLIANT  WITH ALL REQUIREMENTS LISTED IN THIS
 ARTICLE, AS APPLICABLE.
   6. ANY REGISTRATION ISSUED BY THE  COMMISSIONER  AS  A  RESULT  OF  AN
 APPLICATION  SUBMITTED  BY A QUALIFIED DEALER WHO HAS ISSUED A TEMPORARY
 REGISTRATION FOR SUCH LIMITED USE MOTORCYCLE PURSUANT  TO  THIS  SECTION
 SHALL BE ISSUED AS OF THE DATE THE DEALER ISSUED THE TEMPORARY REGISTRA-
 TION.
   7.  IN  ORDER  FOR  A  TEMPORARY  REGISTRATION ISSUED PURSUANT TO THIS
 SECTION TO BE VALID, IT MUST BE DISPLAYED ON THE VEHICLE FOR WHICH IT IS
 ISSUED IN THE MANNER PRESCRIBED BY THE COMMISSIONER.
   8. A DEALER MAY NOT MAKE A SEPARATE  CHARGE  FOR  THE  ISSUANCE  OF  A
 TEMPORARY REGISTRATION.
   9.  THE  COMMISSIONER MAY REFUSE TO ISSUE TEMPORARY REGISTRATIONS TO A
 DEALER REGISTERED PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF THIS CHAP-
 TER OR THEY MAY REQUIRE THE SURRENDER OF  UNISSUED  TEMPORARY  REGISTRA-
 TIONS IN THE POSSESSION OF SUCH DEALER, IF HE OR SHE DETERMINES THAT THE
 DEALER HAS NOT COMPLIED WITH THE PROVISIONS OF THIS SECTION OR ANY REGU-
 LATIONS  PROMULGATED  THEREUNDER.  IF  THE COMMISSIONER REFUSES TO ISSUE
 SUCH TEMPORARY REGISTRATIONS OR REQUIRES THE SURRENDER OF SUCH TEMPORARY
 REGISTRATIONS, A QUALIFIED DEALER MAY REQUEST A HEARING ON SUCH DETERMI-
 NATION BY MAKING A WRITTEN REQUEST FOR SUCH HEARING TO THE COMMISSIONER.
 UPON RECEIPT OF SUCH REQUEST, A HEARING MUST BE HELD WITHIN TEN DAYS  OF
 RECEIPT.
   10. IF A DEALER REGISTRATION EXPIRES OR IS SUSPENDED OR REVOKED, OR IF
 A  DEALER  GOES OUT OF BUSINESS, ALL UNISSUED TEMPORARY REGISTRATIONS IN
 THE POSSESSION OF SUCH DEALER MUST BE SURRENDERED TO  THE  COMMISSIONER.
 UPON  APPLICATION  BY  SUCH  DEALER, THE FEE FOR SUCH UNISSUED TEMPORARY
 REGISTRATIONS SHALL BE REFUNDED UPON  SURRENDER,  EXCEPT  THAT  NO  SUCH
 REFUND  SHALL  BE  MADE IF THE DEALER REGISTRATION HAS BEEN SUSPENDED OR
 REVOKED OR THE COMMISSIONER HAS REQUIRED THAT TEMPORARY REGISTRATIONS BE
 SURRENDERED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   11. THE COMMISSIONER SHALL PRESCRIBE SUCH RULES AND REGULATIONS AS MAY
 BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.