S T A T E O F N E W Y O R K
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5545--A
2017-2018 Regular Sessions
I N S E N A T E
April 10, 2017
___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to relevant
market areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 15 of section 462 of the vehicle and traffic
law, as added by chapter 490 of the laws of 2008, is amended to read as
follows:
15. "Relevant market area" means:
(a) if the proposed additional or relocated motor vehicle dealer is to
be located in a county having a population in excess of one hundred
thousand, the area within the radius of six miles of the intended site
of the proposed or relocated dealer. Such six mile distance shall be
determined by measuring the distance between the nearest surveyed bound-
ary of the existing new motor vehicle dealer's principal place of busi-
ness and the nearest surveyed boundary line of the proposed or relocated
new motor vehicle dealer's place of business. IN THE EVENT THIS RADIUS
CROSSES THE HUDSON RIVER, THEN THE DISTANCE SHALL BE DETERMINED BY MEAS-
URING THE DRIVING DISTANCE BETWEEN THE NEAREST SURVEYED BOUNDARY OF THE
EXISTING NEW MOTOR VEHICLE DEALER'S PRINCIPAL PLACE OF BUSINESS ON ONE
SIDE OF SUCH RIVER AND THE NEAREST SURVEYED BOUNDARY LINE OF THE
PROPOSED OR RELOCATED NEW MOTOR VEHICLE DEALER'S PLACE OF BUSINESS ON
THE OPPOSITE SIDE OF SUCH RIVER; or
(b) if the proposed additional or relocated motor vehicle dealer is to
be within a county having a population of less than one hundred thou-
sand, the area within the radius of ten miles of the intended site of
the proposed or relocated dealer. Such ten mile distance shall be deter-
mined by measuring the distance between the nearest surveyed boundary
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10594-03-7
S. 5545--A 2
line of the existing new motor vehicle dealer's principal place of busi-
ness and the nearest surveyed boundary line of the proposed or relocated
new motor vehicle dealer's principal place of business. IN THE EVENT
THIS RADIUS CROSSES THE HUDSON RIVER, THEN THE DISTANCE SHALL BE DETER-
MINED BY MEASURING THE DRIVING DISTANCE BETWEEN THE NEAREST SURVEYED
BOUNDARY OF THE EXISTING NEW MOTOR VEHICLE DEALER'S PRINCIPAL PLACE OF
BUSINESS ON ONE SIDE OF SUCH RIVER AND THE NEAREST SURVEYED BOUNDARY
LINE OF THE PROPOSED OR RELOCATED NEW MOTOR VEHICLE DEALER'S PLACE OF
BUSINESS ON THE OPPOSITE SIDE OF SUCH RIVER.
In determining the population of a county, the most recent census by
the U.S. Bureau of Census or the most recent population update, either
from the National Planning Data Corporation or other similar recognized
source, shall be used.
§ 2. This act shall take effect immediately.