S T A T E O F N E W Y O R K
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S. 7499 A. 9676
S E N A T E - A S S E M B L Y
May 15, 2014
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
Protection
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to providing that
new passenger-type motor vehicles shall be offered for sale with a
spare tire and jack
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. SPARE TIRE AND JACK REQUIRED. (A) EVERY NEW PASSENGER-TYPE
MOTOR VEHICLE, EXCEPT A MOTORCYCLE, MANUFACTURED FOR SALE IN NEW YORK
STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN SHALL BE OFFERED
FOR SALE WITH A SPARE TIRE AND JACK. FOR PURPOSES OF THIS SECTION:
(1) "PASSENGER-TYPE MOTOR VEHICLE" SHALL MEAN ANY MOTOR VEHICLE WITH A
SEATING CAPACITY OF NOT MORE THAN EIGHT ADULTS;
(2) "SPARE TIRE" SHALL MEAN A TIRE MOUNTED ON A WHEEL AND INFLATED,
WHICH IS EITHER ATTACHED TO THE OUTSIDE OF THE MOTOR VEHICLE OR STOWED
IN A COMPARTMENT WITHIN SUCH MOTOR VEHICLE. A SPARE TIRE MAY BE A FULL-
SIZE TIRE OR A TEMPORARY TIRE, COMMONLY REFERRED TO AS A "DONUT"; AND
(3) "JACK" SHALL MEAN A DEVICE CAPABLE OF RAISING OR LIFTING A MOTOR
VEHICLE FOR THE PURPOSE OF CHANGING ANY TIRE ON SUCH MOTOR VEHICLE.
(B) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION BY ANY MANUFACTUR-
ER OF MOTOR VEHICLES SHALL CONSTITUTE AN OFFENSE AND SHALL BE PUNISHABLE
BY A CIVIL FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS FOR EACH
OFFENSE.
(C) ANY BUYER OF A MOTOR VEHICLE THAT IS SUBJECT TO THE PROVISIONS OF
THIS SECTION MAY WAIVE THE REQUIREMENT FORTH IN SUBDIVISION (A) OF THIS
SECTION, PROVIDED THAT THE WAIVER IS MADE IN WRITING AND A COPY OF SUCH
WAIVER CONTAINING THE BUYER'S SIGNATURE IS PROVIDED TO SUCH BUYER.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.