A08052 Summary:

COSPNSRSeawright, Hevesi, Taylor, Eichenstein, Cruz, Levenberg, McMahon, Glick, Fahy, O'Donnell, Benedetto, Zaccaro, Berger, Carroll, Epstein, Weprin, Colton, Chang, Gonzalez-Rojas
Amd §415, add §2267-a, V & T L
Requires all limited use motorcycles sold in the State of New York be registered; relates to registration fees; authorizes the commissioner of motor vehicles to promulgate regulations.
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A08052 Actions:

09/27/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
02/08/2024amend (t) and recommit to consumer affairs and protection
02/08/2024print number 8052a
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A08052 Committee Votes:

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A08052 Floor Votes:

There are no votes for this bill in this legislative session.
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A08052 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring that all limited use motorcycles sold in the state of New York be regis- tered   PURPOSE OR GENERAL IDEA OF BILL: This bill would require that moped dealers be registered appropriately with the Department of Motor Vehicles to be allowed to offer mopeds for sale.   SUMMARY OF PROVISIONS: Section one increases the penalties for unlicensed dealers who sell mopeds without the appropriate registration with the State. Section two outlines that no person shall engage in the business of selling mopeds in the State of New York unless they have been appropriately registered with the DMV to sell mopeds. The Department of Motor Vehicles is provided with the ability to create additional regulations related to the record keeping of moped dealers and manufacturers.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Conforming changes to match Senate version   JUSTIFICATION: The use of mopeds, legally known as limited use motorcycles, has risen dramatically across New York City in the past year, but all too often they are unregistered and unlicensed as required under state law. Unreg- istered vehicles can ride with impunity and have endangered pedestrians, cyclists, and motorists, with some incidents even resulting in fatali- ties. Increasing the penalties for unlicensed selling will enable better enforcement of the existing requirement that all mopeds be registered.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Act takes effect on the 180th day after it shall become law.
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A08052 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                   September 27, 2023
        Introduced  by  M.  of A. BORES, SEAWRIGHT, HEVESI, TAYLOR, EICHENSTEIN,
          BERGER,  CARROLL,  EPSTEIN,  WEPRIN,  COLTON,  CHANG  -- read once and
          referred to the Committee on Consumer Affairs and Protection -- recom-
          mitted to the Committee on Consumer Affairs and Protection in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          that all limited use motorcycles sold in the  state  of  New  York  be
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph b of subdivision 16 of section 415 of the vehicle
     2  and traffic law, as amended by chapter 7 of the laws of 2000, is amended
     3  to read as follows:
     4    b. Except as provided in paragraph c of this subdivision,  any  person
     5  who  operates  as a dealer without being registered shall be required to
     6  pay to the people of this state a civil penalty in the sum of [one]  two
     7  thousand dollars. However, any such person against whom such penalty has
     8  been  assessed  may  avoid all but [five] seven hundred fifty dollars of
     9  such penalty by obtaining a registration as required  by  this  article,
    10  provided  that  application  for such registration is made not more than
    11  ten days after the imposition of such penalty.
    12    § 2. The vehicle and traffic law is amended by adding  a  new  section
    13  2267-a to read as follows:
    14    § 2267-a. Dealers and manufacturers of limited use motorcycles.  1. No
    15  person  shall engage in the business of selling limited use motorcycles,
    16  as defined in section one hundred twenty-one-b of this  chapter,  unless
    17  there shall have been issued to them a dealer registration in accordance
    18  with section four hundred fifteen of this chapter. The commissioner may,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8052--A                          2
     1  by regulation, provide for identification of dealers as being dealers in
     2  limited  use  motorcycles, and shall make provisions for the issuance of
     3  appropriate dealer demonstrator number plates to such dealers.
     4    2.  No dealer shall acquire any limited use motorcycle for the purpose
     5  of resale for use on the public highways within this state  unless  such
     6  limited use motorcycle has a vehicle identification number in a form and
     7  manner  acceptable  to the commissioner permanently affixed to the frame
     8  by the manufacturer or authorized agent of the manufacturer.
     9    3.  Fees assessed under this section shall be paid to the commissioner
    10  for deposit to the general fund which shall be deposited  to  the  dedi-
    11  cated  highway  and  bridge  trust  fund established pursuant to section
    12  eighty-nine-b of the state finance law and the dedicated mass  transpor-
    13  tation  fund  established pursuant to section eighty-nine-c of the state
    14  finance law and distributed according to the provisions  of  subdivision
    15  (d) of section three hundred one-j of the tax law.
    16    4.  The  commissioner  may  prescribe, by regulation, procedures to be
    17  followed by  dealers  with  respect  to  record  keeping  and  documents
    18  required upon the sale of a limited use motorcycle, and procedures to be
    19  followed by manufacturers with respect to the assignment and affixing of
    20  vehicle identification numbers.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it  shall have become a law. Effective immediately, the addition, amend-
    23  ment and/or repeal of any rule or regulation necessary for the implemen-
    24  tation of this act on its effective date are authorized to be  made  and
    25  completed on or before such effective date.
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