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Senate Bill S5616

2013-2014 Legislative Session

Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Bill Amendments

2013-S5616 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §398-e, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S5209

2013-S5616 - Summary

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.

2013-S5616 - Sponsor Memo

2013-S5616 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5616

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 29, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 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:

  Section 1. The general business law is amended by adding a new section
398-e to read as follows:
  S 398-E. USED MOTOR VEHICLES; RECALLS. 1.   THE FOLLOWING  TERMS  WHEN
USED IN THIS SECTION, SHALL BE DEEMED TO MEAN AND INCLUDE:
  (A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
  (B)  "MOTOR  VEHICLE" AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF
THE VEHICLE AND TRAFFIC LAW AND EXCLUDING CLASS A, B AND C  LIMITED  USE
MOTORCYCLES  AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
CLE AND TRAFFIC LAW.
  2. WHENEVER A DEALER SELLS A USED  MOTOR  VEHICLE,  THE  DEALER  SHALL
CHECK TO SEE IF THERE HAVE BEEN ANY MANUFACTURER'S RECALLS ON SUCH MOTOR
VEHICLE AND SHALL EITHER MAKE THE REPAIRS REQUIRED BY THE MANUFACTURER'S
RECALL  OR  NOTIFY THE PURCHASER, IN WRITING, OF ANY AND ALL MANUFACTUR-
ER'S RECALLS APPLICABLE TO THE MOTOR VEHICLE BEING PURCHASED.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09771-01-3

2013-S5616A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §398-e, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S5209

2013-S5616A (ACTIVE) - Summary

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.

2013-S5616A (ACTIVE) - Sponsor Memo

2013-S5616A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5616--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 29, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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:

  Section 1. The general business law is amended by adding a new section
198-d to read as follows:
  S 198-D. USED MOTOR VEHICLES; RECALLS. 1.   FOR THE  PURPOSE  OF  THIS
SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
  (B)  "USED MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS NOT DEEMED A "NEW
MOTOR VEHICLE" PURSUANT TO PARAGRAPH H OF  SUBDIVISION  ONE  OF  SECTION
FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
  2.  PRIOR  TO  OFFERING A CONTRACT FOR SALE OF A USED MOTOR VEHICLE AT
RETAIL, THE DEALER, OR HIS OR HER AGENT, SHALL MAKE A GOOD FAITH  EFFORT
TO  DETERMINE WHETHER A MANUFACTURER HAS ISSUED ANY RECALL APPLICABLE TO
SUCH USED MOTOR VEHICLE. UPON DETERMINING THAT A MANUFACTURER HAS ISSUED
ANY RECALL APPLICABLE TO SUCH USED MOTOR VEHICLE, A DEALER,  OR  HIS  OR
HER AGENT, MUST:
  (A)  MAKE  OR  CAUSE REPAIRS TO BE MADE PURSUANT TO THE MANUFACTURER'S
RECALL SUCH THAT THE RECALL IS SATISFIED; OR
  (B) PROVIDE THE PROSPECTIVE BUYER, IN A  SEPARATE  WRITTEN  NOTICE,  A
LISTING  OF  ANY  AND ALL MANUFACTURER'S RECALLS APPLICABLE TO SUCH USED
MOTOR VEHICLE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09771-07-3

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