S T A T E O F N E W Y O R K
________________________________________________________________________
1230
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. M. G. MILLER -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring tire
and rim serial numbers for motor vehicles and motor cycle vehicles
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. TIRE AND RIM SERIAL NUMBERS. 1. NO MOTOR VEHICLE TIRES, MOTOR
CYCLE TIRES, MOTOR VEHICLE RIMS, OR MOTOR CYCLE RIMS MANUFACTURED OR
ASSEMBLED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE SOLD
OR OFFERED FOR SALE IN THIS STATE UNLESS IT HAS AN IDENTIFYING SERIAL
NUMBER THAT DISTINGUISHES THAT TIRE OR RIM FROM ALL OTHER TIRES OR RIMS
OF THE SAME BRAND OR MODEL PERMANENTLY AND VISIBLY ENGRAVED, STAMPED OR
LABELED IN READILY LEGIBLE BOLDFACED FIGURES IN SUCH A MANNER THAT THE
SERIAL NUMBER WILL BE READILY VISIBLE AND THAT, IN THE CASE OF LABELING,
SUCH LABEL CANNOT BE REMOVED WITHOUT BEING DEFACED OR DESTROYED.
2. ANY PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO ASSEMBLES,
DISTRIBUTES OR MANUFACTURES SUCH TIRES OR RIMS ON OR AFTER THE EFFECTIVE
DATE OF THIS SECTION, IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION
SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THREE HUNDRED DOLLARS.
IN ADDITION TO ANY OTHER PENALTY AS PROVIDED BY LAW, ANY PERSON WHO
INTENTIONALLY ALTERS, CONCEALS, DEFACES, DESTROYS, OR REMOVES SUCH SERI-
AL NUMBER WITH THE INTENT TO DEPRIVE THE RIGHTFUL OWNER OF LAWFUL
POSSESSION SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE NOT TO
EXCEED THREE HUNDRED DOLLARS.
3. NO PERSON REGULARLY ENGAGED IN THE BUSINESS OF MANUFACTURE,
DISTRIBUTION, OR RETAIL SALE OF SUCH TIRES OR RIMS SHALL BE DEEMED TO
HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF SUCH PERSON SHOWS BY A
PREPONDERANCE OF EVIDENCE THAT THE VIOLATION WAS NOT INTENTIONAL AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00330-01-9
A. 1230 2
RESULTED FROM BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF
PROCEDURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.