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Assembly Bill A2665A

2017-2018 Legislative Session

Requires motor vehicle dealers to search for recalls and make certain repairs prior to selling a used motor vehicle

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A2665 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §198-d, amd §199, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6522
2015-2016: A4125
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549
2025-2026: A2176

2017-A2665 - Summary

Requires motor vehicle dealers to search for recalls and make certain repairs 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.

2017-A2665 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2665
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and 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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08450-01-7

2017-A2665A (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §198-d, amd §199, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6522
2015-2016: A4125
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549
2025-2026: A2176

2017-A2665A (ACTIVE) - Summary

Requires motor vehicle dealers to search for recalls and make certain repairs 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.

2017-A2665A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2665--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and 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 and make certain  repairs  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:
   § 198-D. USED MOTOR VEHICLES; RECALLS. 1.   FOR THE  PURPOSE  OF  THIS
 SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "DEALER"  SHALL  HAVE  THE  SAME MEANING AS IN PARAGRAPH THREE OF
 SUBDIVISION A OF SECTION ONE HUNDRED NINETY-EIGHT-B OF THIS ARTICLE.
   (B) "USED MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS  IN  PARAGRAPH
 TWO OF SUBDIVISION A OF SECTION ONE HUNDRED NINETY-EIGHT-B OF THIS ARTI-
 CLE.
   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  OR THE NATIONAL HIGHWAY TRAFFIC
 SAFETY ADMINISTRATION HAS ISSUED ANY  RECALL  APPLICABLE  TO  SUCH  USED
 MOTOR  VEHICLE.  UPON  DETERMINING  THAT A MANUFACTURER OR SUCH ADMINIS-
 TRATION HAS ISSUED ANY RECALL APPLICABLE TO SUCH USED MOTOR  VEHICLE,  A
 DEALER,  OR  HIS  OR  HER  AGENT,  MUST MAKE OR CAUSE REPAIRS TO BE MADE
 PURSUANT TO THE MANUFACTURER'S OR SUCH ADMINISTRATION'S RECALL SUCH THAT
 THE RECALL IS SATISFIED.
   § 2. Section 199 of the general business law, as added by chapter  900
 of  the  laws  of  1956  and as renumbered by chapter 582 of the laws of
 1970, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08450-03-7

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