S T A T E O F N E W Y O R K
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8308--B
Cal. No. 324
2019-2020 Regular Sessions
I N A S S E M B L Y
June 13, 2019
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Transportation -- ordered to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place on the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
retail dealers of second hand motor vehicles from selling motor vehi-
cles required to contain an inflatable restraint system by the federal
motor vehicle safety standard applicable to that vehicle unless such
vehicle is equipped with an inflatable restraint system which conforms
to the federal motor vehicle safety standard applicable to that vehi-
cle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Anthony
Amoros' law".
§ 2. Section 417 of the vehicle and traffic law, as amended by chapter
206 of the laws of 1979, the closing paragraph as added by chapter 469
of the laws of 1994, is amended to read as follows:
§ 417. Certificates by retail dealers on sales of second hand motor
vehicles. Upon the sale or transfer of title by a retail dealer of any
second hand motor vehicle, intended for use by the buyer, his agent or
representative upon the public highways, the vendor shall execute and
deliver to the vendee an instrument in writing, in a form prescribed by
the commissioner, in which shall be given the make, year of manufacture
and identification number of the said motor vehicle, the name and
address of the vendee, and the date of delivery to the vendee. Such
notice shall also contain a certification that said motor vehicle
complies with such requirements of this chapter as shall be specified by
the commissioner and that it is in condition and repair to render, under
normal use, satisfactory and adequate service upon the public highway at
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13173-07-0
A. 8308--B 2
the time of delivery. IT SHALL ALSO CERTIFY THAT SUCH VEHICLE COMPLIES
WITH THE EQUIPMENT REQUIREMENTS IN SECTION FOUR HUNDRED NINETEEN-A OF
THIS ARTICLE.
The failure of the vendor to deliver to the vendee the certificate
required by this section or delivery of a false certificate knowing the
same to be false or misleading or without making an appropriate
inspection to determine whether the contents of such certificate are
true shall constitute a violation of this section. The delivery of a
false certificate shall raise presumption that such certificate was
issued without an appropriate inspection.
This section shall not apply to a motor vehicle transferred to a
lessee, a family member of a lessee, or an employee of a lessee, who has
had possession of the vehicle for a period of one hundred twenty days or
more under a lease.
§ 3. The vehicle and traffic law is amended by adding a new section
419-a to read as follows:
§ 419-A. INFLATABLE RESTRAINT SYSTEM, REQUIRED EQUIPMENT UPON SALE. NO
RETAIL DEALER MAY SELL A SECOND HAND MOTOR VEHICLE WHICH IS SUBJECT TO
FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR INFLATABLE RESTRAINT SYSTEMS
AS PROVIDED IN PART 571.208 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS, UNLESS SUCH VEHICLE IS EQUIPPED WITH AN INFLATABLE RESTRAINT
SYSTEM WHICH CONFORMS TO SUCH FEDERAL MOTOR VEHICLE SAFETY STANDARD
APPLICABLE TO THAT VEHICLE AND A READINESS INDICATOR LIGHT INDICATING A
FUNCTIONING INFLATABLE RESTRAINT SYSTEM.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.