Bill Text: NY A04125 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle and requires the dealer to either make the required repairs or to notify the purchaser, in writing, of the recall.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2016-02-04 - advanced to third reading cal.368 [A04125 Detail]

Download: New_York-2015-A04125-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4125
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M. of A. DenDEKKER, BENEDETTO, DINOWITZ, COOK, BUCHWALD,
         MONTESANO, ROBINSON, HOOPER, GALEF, GRAF, WEPRIN -- Multi-Sponsored by
         -- M. of A. GOTTFRIED, SEPULVEDA -- read  once  and  referred  to  the
         Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to requiring motor
         vehicle  dealers  to  search for recalls prior to selling a used motor
         vehicle
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  198-d to read as follows:
    3    S  198-D.  USED  MOTOR VEHICLES; RECALLS. 1.   FOR THE PURPOSE OF THIS
    4  SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
    6  AND TRAFFIC LAW.
    7    (B) "USED MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS NOT DEEMED A  "NEW
    8  MOTOR  VEHICLE"  PURSUANT  TO  PARAGRAPH H OF SUBDIVISION ONE OF SECTION
    9  FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
   10    2. PRIOR TO OFFERING A CONTRACT FOR SALE OF A USED  MOTOR  VEHICLE  AT
   11  RETAIL,  THE DEALER, OR HIS OR HER AGENT, SHALL MAKE A GOOD FAITH EFFORT
   12  TO DETERMINE WHETHER A MANUFACTURER HAS ISSUED ANY RECALL APPLICABLE  TO
   13  SUCH USED MOTOR VEHICLE. UPON DETERMINING THAT A MANUFACTURER HAS ISSUED
   14  ANY  RECALL  APPLICABLE  TO SUCH USED MOTOR VEHICLE, A DEALER, OR HIS OR
   15  HER AGENT, MUST:
   16    (A) MAKE OR CAUSE REPAIRS TO BE MADE PURSUANT  TO  THE  MANUFACTURER'S
   17  RECALL SUCH THAT THE RECALL IS SATISFIED; OR
   18    (B)  PROVIDE  THE  PROSPECTIVE  BUYER, IN A SEPARATE WRITTEN NOTICE, A
   19  LISTING OF ANY AND ALL MANUFACTURER'S RECALLS APPLICABLE  TO  SUCH  USED
   20  MOTOR VEHICLE.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07998-01-5