2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 391-C - Sale of Bicycles.

§  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.