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This entry was published on 2014-09-22
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SECTION 391-C
Sale of bicycles
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 391-c. Sale of bicycles. 1. No bicycle manufactured or assembled on
or after January first, nineteen hundred seventy-four, and designated as
a new model shall be sold in this state unless such bicycle is
manufactured and assembled in compliance with rules and regulations
promulgated by the commissioner pursuant to subdivision d of section
twelve hundred thirty-six of the vehicle and traffic law.

1-a. (a) No bicycle manufactured or assembled on or after January
first, nineteen hundred eighty-nine shall be sold or offered for sale in
this state unless it has an identifying serial number that distinguishes
that bicycle from all other bicycles of that same make and model
permanently and visibly engraved or stamped in readily legible boldfaced
figures at least one-eighth inches in height on the top surface of the
top crossbar or of the uppermost cross support of the bicycle frame or
on the head tube or on the toeplate not obstructed by the derailleur or
gear wheels or on the crank hanger; or, on a label, shield or plate
permanently affixed in any of the foregoing locations in such a manner
that the serial number will be readily visible and that such label,
plate or shield cannot be removed without being defaced or destroyed.

(b) Any person, corporation, association or partnership who assembles,
distributes or manufactures such a bicycle on or after January first,
nineteen hundred eighty-nine or who is regularly engaged in the business
of selling bicycles or bicycle accessories at retail and who offers such
bicycle for sale in the normal course of business in this state in
violation of this subdivision shall be subject to a civil penalty not to
exceed two hundred fifty dollars. In addition to any other penalty as
provided by law, any person who intentionally alters, conceals, defaces,
destroys, or removes such serial 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 two hundred fifty dollars.

(c) No person regularly engaged in the business of manufacture,
distribution, or retail sale of bicycles shall be deemed to have
violated the provisions of this subdivision, if such person shows by a
preponderance of evidence that the violation was not intentional and
resulted from bona fide error made notwithstanding the maintenance of
procedures reasonably adopted to avoid any such error.

2. No bicycle manufactured and assembled prior to January first,
nineteen hundred seventy-four, shall be sold in this state on or after
January first, nineteen hundred seventy-five, by a person regularly
engaged in the business of selling bicycles at retail unless such
bicycle is in compliance with the rules and regulations promulgated by
the commissioner pursuant to the provisions of subdivision d of section
twelve hundred thirty-six of the vehicle and traffic law.

3. The provisions of subdivisions one and two of this section shall
not apply to the sale of a bicycle by a person not regularly engaged in
the business of selling bicycles at retail.

4. No person regularly engaged in the business of selling bicycles or
bicycle accessories at retail shall sell any reflective device for use
on a bicycle if such device does not comply with rules and regulations
promulgated by the commissioner of motor vehicles pursuant to section
twelve hundred thirty-six of the vehicle and traffic law. A reflective
device shall include a tire, if reflectorization of tires is required by
such rules and regulations.

5. A knowing violation of this section shall be punishable by a fine
not to exceed two hundred and fifty dollars.