New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 78 - Dealers and Transporters › Records and Advertising › Section 78.26 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A dealer must
					 include either the dealer's name or facility identification number on
					 advertising of any kind concerning the sale, purchase or transfer of motor
					 vehicles, motorcycles or trailers. When a dealer has an assumed name on file
					 with the commissioner, pursuant to section
					 78.7  of
					 this Part, the advertising may be in the assumed name.
(b) Dealers are required to display signs
					 and/or window lettering which are of a permanent nature on the front of the
					 premises occupied by their places of business. Such signs and/or window
					 lettering must contain the actual name under which the business is conducted.
					 The words and/or letters of the signs and/or window lettering must be of a size
					 sufficiently large so that the public may quickly and easily discern said signs
					 and/or window lettering and readily establish the identity of the dealer. The
					 sign and/or lettering must be displayed in a conspicuous place on the front of
					 the premises. When a dealer does business under two or more names, a sign or
					 window lettering in each name is required.
(c) The maintenance or erection of signs
					 which would tend to indicate that the premises occupied by a dealer's place of
					 business are being used or occupied by a dealer franchised to sell new motor
					 vehicles, when in fact the dealer is not so franchised, will be considered
					 misleading advertising and the dealer must remove such signs when requested to
					 do so by the commissioner.
(d)
					 Official dealer sign.
(1) Every retail dealer
					 shall display either an official dealer sign or a sign of a permanent nature,
					 at least three feet by two feet in size, visible at all times from the nearest
					 street or highway, which sign clearly and unequivocally indicates to the
					 general public that the business is one which sells motor vehicles. If it is
					 impracticable for a retail dealer to display such sign so that it is visible
					 from the nearest street or highway, then the commissioner may grant approval
					 for such sign to be posted in an alternate location, if the alternate location
					 provides notice to the general public in a manner that meets or exceeds the
					 notice provided if such sign were visible from the nearest street or
					 highway.
(2) An official dealer
					 sign must be three feet wide and two feet high. It must be made of a durable
					 material which will withstand the outdoor elements. It may be either single or
					 double faced. It must be displayed so as to be visible to the public.
(3) The background of the sign shall be
					 bright red and the lettering on the sign shall be white.
(4) The word "REGISTERED" shall appear near
					 the top in an arc which shall have a radius of two feet nine inches. Each
					 letter shall be four inches high with a stroke of three-fourths of an
					 inch.
(5) The facility number shall
					 be placed in a straight line on the official dealer sign in the area directly
					 below "REGISTERED". Such numbers shall be two inch block numbers with a stroke
					 of approximately one-half inch.
(6)
					 Under the facility number shall appear "STATE OF NEW YORK" in letters two
					 inches high with a stroke of one-half inch, in a straight line.
(7) Below "STATE OF NEW YORK" shall appear
					 "MOTOR VEHICLE RETAIL DEALER" on two straight lines, in letters four inches
					 high with a stroke of three-fourths of one inch.