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Senate Bill S5209

2015-2016 Legislative Session

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

download bill text pdf

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

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2015-S5209 (ACTIVE) - Details

See Assembly Version of this Bill:
A4125
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง198-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5616, A6522
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549
2025-2026: A2176

2015-S5209 (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.

2015-S5209 (ACTIVE) - Sponsor Memo

2015-S5209 (ACTIVE) - Bill Text download pdf 

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

                                  5209

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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
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.
                                                           LBD07998-01-5

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