S T A T E O F N E W Y O R K
________________________________________________________________________
929
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PHEFFER -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to dealers and
dealer registration; and to amend the general business law, in
relation to the definition of dealer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 1 and paragraph b and the open-
ing paragraph of paragraph d of subdivision 5 of section 415 of the
vehicle and traffic law, as amended by chapter 7 of the laws of 2000,
are amended to read as follows:
a. "Dealer" means a person engaged in the business of buying, selling
or dealing in motor vehicles, motorcycles 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,
if such vehicles were purchased, acquired or otherwise obtained by such
person for the purpose of resale, will be regarded as a dealer. ANY
PERSON WHO WITH THE AID OF THE INTERNET, OR OTHER COMPUTER-MEDIATED
CHANNEL, DIRECTLY OR INDIRECTLY, SELLS OR DELIVERS MORE THAN FIVE MOTOR
VEHICLES TO CONSUMERS IN THIS STATE WITHIN ONE YEAR SHALL BE DEEMED A
DEALER. Except as otherwise provided in subdivisions three, five, six-b,
and seven of this section, the term "dealer" shall include a "new motor
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00730-01-1
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vehicle dealer" as defined by paragraph f of this subdivision and a
"qualified dealer" as defined in paragraph g of this subdivision.
b. The place or places, including the complete address or addresses
where the business is to be conducted and, in the case of an application
to do business as a new motor vehicle dealer, the names of each line or
make of new motor vehicle which a manufacturer or distributor has
authorized the applicant to sell from each location and the date of
inception of the franchise, as defined in section four hundred sixty-two
of this title, which authorizes the applicant to sell such line or make
from each location. A copy of each such franchise, or other documenta-
tion in lieu thereof satisfactory to the commissioner, shall be submit-
ted to the commissioner at the time of application and upon each renewal
of each certificate to do business as a new motor vehicle dealer. AN
APPLICANT WHO PROPOSES TO USE THE INTERNET, OR OTHER COMPUTER-MEDIATED
CHANNEL, IN AID OF ITS SALE OF MOTOR VEHICLES TO CONSUMERS IN THIS
STATE, WHICH SUCH ACTIVITIES MAY RESULT IN THE CREATION OF BUSINESS
RECORDS OUTSIDE THIS STATE, SHALL PROVIDE THE COMMISSIONER WITH THE
IDENTITY OF THE PERSON, AND HIS OR HER ADDRESS AND TELEPHONE NUMBER, WHO
HAS CONTROL OVER SUCH RECORDS, BUT THIS SHALL NOT RELIEVE SUCH APPLICANT
FROM MAINTAINING AN ESTABLISHED PLACE OF BUSINESS IN THIS STATE.
Before an application for an original certificate of registration is
approved, the applicant must have on the premises to be licensed
adequate space and proper facilities to retain and safeguard all records
and documents he must maintain upon the licensed premises as required by
[the vehicle and traffic law] THIS CHAPTER and the regulations of the
commissioner. AN APPLICANT WHO USES THE INTERNET, OR OTHER
COMPUTER-MEDIATED CHANNEL, IN AID OF ITS SALE OF MOTOR VEHICLES TO
CONSUMERS IN THIS STATE, WHICH SUCH ACTIVITIES MAY RESULT IN THE
CREATION OF BUSINESS RECORDS OUTSIDE THIS STATE SHALL UPON WRITTEN
REQUEST OF THE COMMISSIONER OR ANY OF ITS INSPECTORS OR OTHER EMPLOYEES
PROVIDE COPIES OF RECORDS MAINTAINED ON SUCH COMPUTERS REGARDING TRANS-
ACTIONS WITH CONSUMERS IN THIS STATE WITHIN FIFTEEN DAYS OF RECEIPT OF
SUCH REQUEST. IN THE INSTANCE OF A CONSUMER REQUESTING THEIR INDIVIDUAL
RECORDS THE APPLICANT WHO USES THE INTERNET MUST PROVIDE SUCH RECORDS
WITHIN FIVE BUSINESS DAYS OF RECEIPT OF SUCH REQUEST.
S 2. Paragraphs c and h of subdivision 9 of section 415 of the vehicle
and traffic law, as amended by chapter 254 of the laws of 2010, are
amended and two new paragraphs i and j are added to read as follows:
c. Has been guilty of fraud or fraudulent practices, or has practiced
dishonest or misleading advertising. DEALER ADVERTISEMENTS OF PRODUCTS
OR SERVICES THAT ARE SUBJECT TO AVAILABILITY MUST BE PLAINLY AND LEGIBLY
IDENTIFIED AS SUCH BY THE DEALER IN THE ADVERTISEMENT. "ADVERTISING"
AND "ADVERTISEMENT" MEANS, FOR PURPOSES OF THIS PARAGRAPH, ANY ORAL,
WRITTEN, PICTORIAL, OR GRAPHIC EXPRESSION OF A MESSAGE MADE BY A DEALER
TO THE CONSUMING PUBLIC IN CONNECTION WITH THE SOLICITATION OF ITS BUSI-
NESS OR SERVICES, AND INCLUDES, WITHOUT LIMITATION, SUCH EXPRESSIONS
CONTAINED IN NEWSPAPERS, MAGAZINES, DIRECT MAIL, INTERNET WEBSITES, OR
ON RADIO OR TELEVISION; or
h. Was the former holder, or was an officer, director, stockholder, or
partner, in a corporation or partnership which was the former holder of
a dealer's registration, which was suspended or revoked by the commis-
sioner[.]; OR
I. AS TO VEHICLES DELIVERED TO A LOCATION DESIGNATED BY THE CONSUMER,
HAS FAILED TO ORIGINATE SUCH VEHICLE DELIVERIES FROM A DEALER'S ESTAB-
LISHED PLACE OF BUSINESS IN THIS STATE; OR
A. 929 3
J. HAS FAILED TO COMPLY WITH ANY OF THE REQUIREMENTS SET FORTH UNDER
SECTION ONE HUNDRED NINETY-EIGHT-A OR ONE HUNDRED NINETY-EIGHT-B OF THE
GENERAL BUSINESS LAW.
S 3. The opening paragraph of paragraph 3 of subdivision a of section
198-b of the general business law, as amended by chapter 444 of the laws
of 1989, is amended to read as follows:
"Dealer" means any person or business which sells, offers for sale,
leases or offers for lease a used vehicle after selling, offering for
sale, leasing or offering for lease three or more used vehicles in the
previous twelve month period[, but]. ANY PERSON WHO WITH THE AID OF THE
INTERNET, OR OTHER COMPUTER-MEDIATED CHANNEL, DIRECTLY OR INDIRECTLY,
SELLS, OR DELIVERS OR LEASES MORE THAN FIVE MOTOR VEHICLES TO CONSUMERS
WITHIN ONE YEAR IN THIS STATE SHALL BE DEEMED A MOTOR VEHICLE DEALER.
DEALER does not include:
S 4. Nothing in this act shall contravene any franchise agreements in
effect as of the effective date of this act.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.