Bill Text: NY A08052 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 8052

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Requires all limited use motorcycles sold in the State of New York be registered; relates to registration fees; authorizes the commissioner of motor vehicles to promulgate regulations.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Introduced) 2024-02-08 - print number 8052a [A08052 Detail]

Download: New_York-2023-A08052-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8052

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   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:

     1    Section  1.  Paragraph  b  of  subdivision  1 of section 396-qq of the
     2  general business law, as added by chapter 553 of the laws  of  1996,  is
     3  amended to read as follows:
     4    b.  "Motor  vehicle"  as defined in section one hundred twenty-five of
     5  the vehicle and traffic law [and excluding class A, B and C limited  use
     6  motorcycles  as defined in section one hundred twenty-one-b of the vehi-
     7  cle and traffic law].
     8    § 2. The general business law is amended by adding a new section  396-
     9  qqq to read as follows:
    10    §  396-qqq.  Sale  of  limited use motorcycles; registration. 1. Defi-
    11  nitions. The following terms when used in this section, shall be  deemed
    12  to mean and include:
    13    a.  "Dealer" as defined in section four hundred fifteen of the vehicle
    14  and traffic law.
    15    b. "Limited use motorcycle" as defined in section one hundred  twenty-
    16  one-b of the vehicle and traffic law.
    17    2.  Whenever a dealer sells a limited use motorcycle, the dealer shall
    18  require the purchaser to provide proof of registration of  such  limited
    19  use  motorcycle  prior to transferring the vehicle to the purchaser. The
    20  dealer may register such limited use motorcycle  for  the  purchaser  in
    21  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

     1  this  article  as  proof  of  registration  if  the dealer provides such
     2  service.
     3    §  3.  Paragraph  a of subdivision 1 of section 415 of the vehicle and
     4  traffic law, as amended by chapter 554 of the laws of 2015,  is  amended
     5  to read as follows:
     6    a.  "Dealer" means a person engaged in the business of buying, selling
     7  or dealing in motor vehicles, motorcycles, including limited use  motor-
     8  cycles,  or  trailers, other than mobile homes or manufactured homes, at
     9  retail or wholesale; except, however, trailers with an unladen weight of
    10  less than one thousand pounds. For  the  purposes  of  this  section,  a
    11  "mobile home" or "manufactured home" means a mobile home or manufactured
    12  home as defined in section one hundred twenty-two-c of this chapter. Any
    13  person  who  sells,  or  offers  for sale more than five motor vehicles,
    14  motorcycles or trailers in any calendar year or who displays or  permits
    15  the display of three or more motor vehicles, motorcycles or trailers for
    16  sale  at  any  one  time  or within any one calendar month upon premises
    17  owned or controlled by him or her,  if  such  vehicles  were  purchased,
    18  acquired or otherwise obtained by such person for the purpose of resale,
    19  will  be regarded as a dealer.  Except as otherwise provided in subdivi-
    20  sions three, five, six-b, and seven of this section, the  term  "dealer"
    21  shall  include a "new motor vehicle dealer" as defined by paragraph f of
    22  this subdivision and a "qualified dealer" as defined in paragraph  g  of
    23  this subdivision.
    24    §  4. Section 2261 of the vehicle and traffic law is amended by adding
    25  a new subdivision 6 to read as follows:
    26    6. Registration at time of sale. Every limited use motorcycle  defined
    27  by  section  one  hundred  twenty-one-b of this chapter sold by a dealer
    28  shall be registered at the time of sale of such vehicle. Such  registra-
    29  tion  shall  be valid for one year following the date of such sale.  Any
    30  limited use motorcycle purchased for  use  exclusively  outside  of  the
    31  state  of  New  York  shall  not  require  registration  at  the time of
    32  purchase, and the purchaser of such limited use motorcycle shall sign  a
    33  declaration,  provided  by  the  dealer,  which  shall  state  that such
    34  purchaser understands the conditions under which a limited use  motorcy-
    35  cle  must  be registered and the penalty for violation of such registra-
    36  tion provisions. Each signed declaration shall be forwarded by the deal-
    37  er to the commissioner. The form of such declaration shall  be  provided
    38  by the commissioner to each dealer.
    39    § 5. This act shall take effect immediately.