reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 76 - Drivers' Schools › Instructors and Instruction › Section 76.16 - Instruction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Drivers'
					 schools licensed by the commissioner shall provide oral instruction during
					 practical training to include subject matter relating to rules of the road,
					 safe driving practices, driver responsibility, pedestrian safety care and use
					 of automobile safety devices. In addition, the practical training shall include
					 demonstration and actual training in starting, stopping, shifting, turning,
					 backing, parking (except that backing and parking shall not be required in
					 motorcycle instruction), steering, driving in both city and highway traffic
					 (where practicable), and in defensive driving. All of the practical training
					 must be in a vehicle which meets the requirements of the Vehicle and Traffic
					 Law and, if a school-owned or -controlled vehicle, one which meets the
					 requirements of this Part.
(b) The
					 practical behind-the-wheel training consists of actual driving practice while
					 the vehicle is in motion. This will not preclude incidental curbside oral
					 instruction complementing the training being given during the lesson.
(c) No instructor shall give any driving
					 instructions in the operation of a motor vehicle within any area designated by
					 the commissioner as a road test area. However, an instructor may accompany and
					 supervise a student residing within any such road test area from and to his
					 place of residence for the purpose of giving such instruction outside of such
					 road test area without violating the foregoing provisions.
(d) The instruction may periodically be
					 observed by motor vehicle license inspectors and evaluated as to content and
					 standards.
(e) The driving
					 instructor shall, upon the request of his or her student who is the holder of a
					 class DJ or MJ learner's permit, certify on a form prescribed by the
					 commissioner the number of hours such student has spent operating a motor
					 vehicle while under the immediate supervision of such driving
					 instructor.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 76 - Drivers' Schools › Suspension, Revocation and Refusal to Renew › Section 76.23 - Suspension, revocation and refusal to renew

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner, or any employee of the
					 Department of Motor Vehicles deputized by him, may suspend or revoke a license
					 or refuse to issue a renewal thereof for any of the following causes:
(1) the conviction of the licensee or any
					 partner, officer, agent or employee of such licensee, of a felony or of any
					 crime involving violence, dishonesty, deceit, indecency, degeneracy or moral
					 turpitude;
(2) where the licensee
					 has made a material false statement or concealed a material fact in connection
					 with his application for the license or a renewal thereof;
(3) where the licensee has failed to comply
					 with any of the provisions of section 394  of the Vehicle and Traffic Law or of the
					 rules and regulations of the commissioner made pursuant thereto;
(4) where the licensee or any partner,
					 officer, agent or employee of such licensee has been guilty of fraud or
					 fraudulent practices in relation to securing for himself or another a license
					 to drive a motor vehicle or motorcycle. The term
fraudulent
					 practices
as used herein shall include, but shall not be limited to,
					 any conduct or representation on the part of the licensee, or any partner,
					 officer, agent or employee of a licensee, tending to induce another or to give
					 the impression that a license to operate a motor vehicle or motorcycle, or any
					 other license, registration or service granted by the commissioner, may be
					 obtained by any means other than the ones prescribed by law, or furnishing or
					 obtaining the same by illegal or improper means, or requesting, accepting,
					 exacting or collecting money for such purpose; or
(5) the failure of the licensee or any
					 partner, officer, agent or employee of the licensee to conduct the prescribed
					 tests for instructor applicants in the manner authorized by this department
					 and/or the failure of the licensee or any partner, officer, agent or employee
					 of the licensee to conduct the 30-hour course to instructor applicants
					 according to the curriculum supplied by this department and/or for the number
					 of hours required by this department and this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 76 - Drivers' Schools › Classroom Instruction › Section 76.30 - Applicability of drivers' school regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in this section, this Part shall be
						applicable with respect to a course given by a drivers' school to a new
						driver.
(a) The provisions of this
					 Part with respect to required records of a drivers' school shall not be
					 applicable with respect to any student who is taking only the pre-licensing
					 course.
(b) For the purposes of
					 school location, a facility used to provide classroom training only shall not
					 be considered a place of business.
(c) Any classroom used in conjunction with
					 the pre-licensing course must meet the requirements of Part 7 of this
					 Title.
(d) An instructor of the
					 pre-licensing course must also meet the requirements of Part 7 of this
					 Title.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 76 - Drivers' Schools › Classroom Instruction › Section 76.31 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of any regulation with respect to a classroom
						training course authorized pursuant to Part 7 of this Title, shall be
						considered to be a violation of this Part, and shall be a ground for suspension
						or revocation of a drivers' school license or instructor's
						certificate.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A private
				  service bureau license is required of any person, firm, association or
				  corporation engaged in the business of assisting for hire in securing licenses
				  to drive motor vehicles, or registrations or titles of motor
				  vehicles.
(b) The holder of a
				  drivers' school license will not be required to secure a private service bureau
				  license in order to engage in business as a private service bureau. However,
				  schools desiring to conduct a private service bureau must file a copy of their
				  intention to conduct such a business and submit a copy of the receipt form for
				  approval. Such schools shall be subject to the rules and regulations concerning
				  the conduct of licensed private service bureaus.
(1) Original applications for a license to
				  conduct a private service bureau may be obtained by contacting the Private
				  Service Bureau Unit at Six Empire State Plaza, Partner and Document Management
				  Unit, Room 322P, Albany, NY 12228.
(2) Original applications must be filed at
				  the Department of Motor Vehicles, Six Empire State Plaza, Partner and Document
				  Management Unit, Room 322P, Albany, NY 12228.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.2 - Licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licenses are
				  not transferable. If the business is sold, the purchaser must file an original
				  application for a new license. If the certificate of license is lost, mutilated
				  or destroyed, a duplicate will be issued upon proof of the fact and the payment
				  of a fee of one dollar.
(b) The
				  certificate of license must be displayed conspicuously in the licensee's
				  principal place of business.
(c) If
				  a private service bureau is discontinued, the license must be surrendered to
				  the department, where it will be retained. If the owner desires to resume the
				  business during the life of the license, application may be made for the return
				  of the license. Similarly, if a branch office is discontinued, the certified
				  photostat copy must be filed with the department.
(d) No license shall be issued for a private
				  service bureau in a city having a population of 50,000 or more, if the place of
				  business, or branch thereof, is within 1,500 feet of a building owned or leased
				  by the State, a county or a city, in which motor vehicle registrations or
				  licenses to drive motor vehicles are issued to the public.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.3 - Renewals and amendments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  services, other than those already listed on the application, are adopted at
				  any time, the licensed private service bureau must notify the Department of
				  Motor Vehicles at once in writing of the additional services.
(b) No licensed private service bureau or
				  branch thereof may be moved to an address other than that on record in the
				  Department of Motor Vehicles without the owner of the business first obtaining
				  permission from the Commissioner of Motor Vehicles. Application for a change of
				  address must be made in writing to the department.
(c) The Department of Motor Vehicles must be
				  notified in writing immediately if there is a change in the address of any
				  member of the firm, partnership or corporation.
(d) Renewal applications for a license to
				  conduct a private service bureau may be obtained by contacting the Private
				  Service Bureau Unit at Six Empire State Plaza, Partner and Document Management
				  Unit, Room 322P, Albany, NY 12228.
(e) Renewal applications must be filed at the
				  Department of Motor Vehicles, Six Empire State Plaza, Partner and Document
				  Management Unit, Room 322P, Albany, NY 12228.
(f) The renewal application must be signed
				  and sworn to by the applicant, if an individual. In case of a corporation,
				  association or partnership, the application must be signed and sworn to by an
				  officer or member on behalf of the applicant. If the applicant is a
				  corporation, association or partnership, the appropriate item on the
				  application must be signed by each officer or partner.
(g) If the business is conducted under an
				  assumed name, and there has been a change in the name since your present
				  private service bureau license was issued, a certified copy of the certificate
				  of assumed name filed with the county clerk, or a copy of the filing receipt
				  obtained from the Secretary of State's office, must be submitted with the
				  application. Likewise, any change in proprietorship, where business is a
				  partnership, requires a certificate submitted with the application.
(h) The renewal fee is $25 per year for a two
				  year renewal. Licenses expire midnight, June 30th of the second year.
				  Applications for renewals should be filed at least 30 days prior to June 30th.
				  If the renewal application is approved, a new certificate of license will be
				  issued.
(i) The Department of Motor
				  Vehicles must be notified immediately, on a form provided by the department,
				  when additional or substitute employees are engaged during the year, or of a
				  change in corporate officers or individuals doing business under a trade
				  name.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.4 - Branch offices

Current through Register Vol. 46, No. 28, July 10, 2024
Licensed private service bureaus desiring to operate a
					 branch office shall make application for this privilege on a form provided by
					 the department. If the application is approved, the branch office may be
					 operated under the license issued for the principal place of business, provided
					 a certified photostat copy of the license is obtained from the department upon
					 payment of the proper fee and displayed conspicuously in the branch
					 office.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.5 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
The licensed private service bureau must:
(a) maintain a book of registry which shall
				  set forth the name, address, services rendered and the cost of services of each
				  person obtaining services for hire. The register shall be subject to inspection
				  by representatives of the Department of Motor Vehicles and police
				  officers;
(b) maintain a form of
				  receipt which shall be the same as the receipt submitted to and approved by the
				  Department of Motor Vehicles;
(c)
				  issue receipts in carbon or computer generated duplicate, the original to be
				  given to the customer at the time the transaction is made, and the carbon or
				  computer generated duplicate retained by the private service bureau.
(d) the receipt forms shall be numbered
				  consecutively, and in addition, the receipts shall contain:
(1) the name and address of the private
				  service bureau;
(2) the statement,
				  "This is a licensed private service bureau but is not an official agency of the
				  Department of Motor Vehicles, State of New York";
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.6 - Employees

Current through Register Vol. 46, No. 28, July 10, 2024
No person may be employed in any capacity in a licensed
					 private service bureau who has been convicted of a felony or a misdemeanor
					 unless such person is approved by the Commissioner of Motor
					 Vehicles.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.7 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The licensed
				  private service bureau may display on the outside or inside of the place of
				  business a sign or signs describing the services offered as a licensed private
				  service bureau. If a fee for any services is publicly announced or displayed by
				  a sign, placard or otherwise, the private service bureau must maintain the fee
				  so advertised as the fee for service.
(b) A licensed private service bureau must
				  not publish, advertise, display or intimate that registration plates and
				  chauffeur or operator licenses are guaranteed or assured. The display of signs
				  such as "licenses and plates secured here" is forbidden. The words "licenses
				  and plates secured" may be used.
(c) The letters and numerals of any sign, or
				  combination of two or more signs used as part of the same message and relating
				  to private service bureaus activities shall be of uniform size. This applies to
				  those signs which are newly displayed, installed or erected on and after May 1,
				  1938, or replace existing signs on and after that date.
(d) Licensed private service bureaus may
				  place in or on a window a sign reading, "This service bureau licensed by the
				  State of New York". This sign shall not be more than 144 square inches in
				  size.
(e) Suitable banners or signs
				  may be displayed but the use of the word "State", except as permitted in the
				  preceding subdivision is not allowed.
(f) Disclaimer. In any case where a private
				  service bureau maintains a website that offers services or transactions that an
				  applicant could obtain or conduct directly via the department's own website,
				  the private service bureau must include the following language by means of a
				  statement on its website on any pages that refer to licensing, registration or
				  title transactions performed by the New York State Department of Motor Vehicles
				  in a noticeably distinct manner and in bold type New York State Department of
				  Motor Vehicles in a noticeably distinct manner and in bold type of a size equal
				  to at least 24 point type:
NOTICE THIS TRANSACTION OR SERVICE IS ALSO AVAILABLE, AT NO
					 ADDITIONAL CHARGE, DIRECTLY FROM THE OFFICIAL DEPARTMENT OF MOTOR VEHICLES
					 WEBSITE AT www.dmv.ny.gov
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 77 - Private Service Bureaus › Section 77.8 - Provisions relating to dealers registered pursuant to section 415 of the Vehicle and Traffic Law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A dealer is registered under the
				  provisions of section 415  of the Vehicle and Traffic Law is not required to
				  obtain a license as a private service bureau in order to engage in the business
				  of assisting for hire in securing registrations or titles of motor vehicles for
				  customers who have purchased vehicles from that dealer but a license as a
				  private service bureau is required if a dealer engages in the business of
				  assisting in securing registrations for titles for the general
				  public.
(b) The provisions of
				  sections 77.1 through 77.6   of this Part shall not be applicable to such a
				  dealer engaging in private service bureau activities for customers who have
				  purchased vehicles from that dealer but shall apply if a dealer engages in
				  private service bureau activities for the general public.
(c) Such a dealer may charge a person who
				  purchases a vehicle from such dealer a fee for assisting in securing a
				  registration and/or certificate of title for such vehicle provided the dealer
				  actually performs the service of filing the application for title and/or
				  registration with the Commissioner of Motor Vehicles or his issuing agent. The
				  fee charged by the dealer may not exceed $175. Such fee does not include the
				  fee required to be paid to the Department of Motor Vehicles for issuance of the
				  registration or for issuance of a certificate of title, nor shall such fee
				  include the fee charged for the motor vehicle inspection of the
				  vehicle.
(d) If a fee is charged by
				  the dealer for assisting in securing a registration and/or title, the dealer
				  shall print the quoted statement and asterisked statement required by section
				  78.19(d)   of this Title on all copies of the invoice or bill of sale in a type
				  size not smaller than the type size used for other charges on such
				  document.
(e) The commissioner or
				  his representative may examine records of the dealer with respect to any
				  private service bureau activities conducted by the dealer.
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 › Registration Procedure › Section 78.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 415  of the Vehicle and Traffic Law, as
					 amended effective January 1, 1963, provides that no person shall engage in
					 business as a dealer, or represent or advertise that he is engaged or intends
					 to engage in such business in New York State unless there shall have been
					 issued to him a certificate of registration as provided in subdivision 7 of
					 section 415  of the Vehicle and Traffic Law.
					 Therefore, any individual, firm, corporation, copartnership or association
					 engaged in the business of buying, selling or dealing in motor vehicles,
					 motorcycles or trailers, other than mobile home trailers, at retail or
					 wholesale, shall be required to make application for registration with the
					 Commissioner of Motor Vehicles and shall not be permitted to engage in the
					 business unless the application is approved and a certificate of registration
					 issued. Any person who sells, or offers for sale, more than five motor
					 vehicles, motorcycles or trailers, other than mobile home trailers, in any
					 calendar year or who displays or permits the display of three or more motor
					 vehicles, motorcycles, or trailers, other than mobile home trailers, for sale
					 at any one time or within any one calendar month upon premises owned or
					 controlled by him, if such vehicles were purchased, acquired or otherwise
					 obtained by such person for the purpose of resale, will be regarded as a
					 dealer.
(b) A dealer engaged in
					 business consisting in whole or in part of buying, selling or dealing in motor
					 vehicles, motorcycles or trailers at retail shall be required to register as a
					 retail dealer.
(c) A dealer engaged
					 in business consisting exclusively of buying, selling or dealing in motor
					 vehicles, motorcycles or trailers at wholesale is required to register as a
					 wholesale dealer.
(d) A person
					 engaged in the business of buying motor vehicles, motorcycles or trailers for
					 the purpose of dismantling the same for parts, or reselling such vehicles as
					 scrap is not considered to be a dealer, and is not required to register as a
					 dealer solely by reason of such business. In any month, a dealer who classifies
					 25 percent or more of vehicles sold as salvage on the certificates of sale,
					 form MV-50, must register as a vehicle dismantler.
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 › Registration Procedure › Section 78.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words and phrases when used in this Part
						shall have the meanings ascribed to them in this section:
(a) New vehicle. A vehicle sold or
					 transferred by a manufacturer, distributor or dealer, and which has not been
					 placed in consumer use, titled, transferred to someone other than a
					 manufacturer, distributor, or dealer, or used as a demonstrator.
(b) Demonstrator. A vehicle which has not
					 been placed in consumer use but which has been used primarily for the purpose
					 of demonstration by a manufacturer, distributor or dealer.
(c) Used vehicle. Any vehicle not included in
					 the definition of a new vehicle or demonstrator.
(d) Junk vehicle. A vehicle sold for use
					 other than on the public highways.
(e) Wholesale vehicle. A vehicle sold by a
					 registered dealer to another registered dealer or to a person engaged in
					 wholesale buying and selling of vehicles.
(f) The term dealer includes both a retail
					 dealer and a wholesale dealer, unless otherwise specifically noted.
(g) The term registered dealer includes both
					 a registered retail dealer and a registered wholesale dealer, unless otherwise
					 specifically noted.
(h) Mobile home
					 trailer. A transportable structure designed to be used for permanent
					 residential occupancy and which is not ordinarily registered as a trailer nor
					 ordinarily towed along a highway.
(i) Sale. A sale occurs when a customer and a
					 dealer sign a binding agreement to purchase and sell a vehicle, or when a
					 customer signs an agreement to purchase a vehicle and a dealer acts upon the
					 agreement, or when a customer delivers to the dealer money or other valuable
					 property as a deposit or as payment in full for a vehicle.
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 › Registration Procedure › Section 78.3 - Application for dealer's registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application for dealer's registration
					 must be filled out in the exact name of the corporation, firm or individual
					 transacting the business. If the registrant is a corporation, the name,
					 residence address and title of each officer is to be entered under the
					 appropriate item on the application, which must be signed by an officer of the
					 corporation or a duly authorized agent who has been delegated the power of
					 attorney. If the registrant is a partnership, the signature of each partner is
					 required under the appropriate item, and the application must be signed by one
					 of the partners.
(b) The completed
					 application, necessary enclosures and check or money order should be sent to
					 the Department of Motor Vehicles at the address shown on the form.
(c) Proof of insurance. Before dealer or
					 transporter plates will be issued, the applicant for such plates must present
					 to the commissioner an insurance I.D. card as prescribed by regulations of the
					 commissioner covering any motor vehicle owned or controlled by the dealer and
					 operated under a dealer plate issued to such dealer.
(d) Place of business in New York. An
					 applicant for a dealer registration must have and continuously maintain a place
					 of business in this state. Only a New York registered retail dealer may engage
					 in the buying and selling of vehicles at retail as a business in New York. An
					 application for registration shall be denied, or, if one has been approved,
					 such registration shall be subject to suspension, revocation and/or a civil
					 penalty as provided for in section
					 78.32  of
					 this Part, where the Commissioner has reasonable grounds to believe that such
					 application has been or will be used for the purpose of circumventing the
					 restrictions set forth in section
					 78.8  of
					 this Part regarding sales away from premises.
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 › Registration Procedure › Section 78.4 - New motor vehicle dealer provisional registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A new motor
					 vehicle dealer may apply for a new motor dealer provisional registration
					 (hereinafter referred to as provisional registration). The application for a
					 provisional registration shall be filed in such form and detail as the
					 commissioner shall prescribe, and shall be filed concurrently with the original
					 application for a new motor vehicle dealer registration. If an application for
					 a provisional registration is denied, the applicant shall not be entitled to an
					 appeal or hearing regarding the denial.
(b) The holder of a provisional registration
					 shall be granted the same rights and privileges as are granted to the holder of
					 a new motor vehicle dealer registration, except that the commissioner may
					 suspend a provisional registration for the same reasons that a dealer
					 registration is subject to suspension for a violation or violations of this
					 Part or of section 415  of the Vehicle And Traffic Law. If the
					 provisional registration is suspended pursuant to the provisions of this
					 subdivision, the commissioner shall provide the provisional registrant with
					 actual notice of the suspension at least seven calendar days prior to the
					 effective date. The holder of the provisional registration shall not be
					 entitled to an appeal or hearing if such provisional registration is suspended.
					 The holder of a provisional registration shall be subject to the same rules and
					 regulations that apply to the holder of a new motor vehicle dealer
					 registration, except if such rules and regulations are inconsistent with the
					 provisions of this section.
(c) The
					 holder of a provisional registration who has purchased or acquired, or who
					 plans to purchase or acquire, the place of business from a registered new motor
					 vehicle dealer:
(1) shall not sell or
					 transfer a vehicle unless it has in its possession a proof of ownership or
					 transfer document in its name;
(2)
					 shall not engage in business in the name of the selling or transferring new
					 motor vehicle dealer registration;
(3) shall not use any dealer plate, dealer
					 issued plate, or unused certificate of sale that had been issued to the selling
					 or transferring registered new motor vehicle dealer by the
					 department;
(4) shall display the
					 provisional registration in a conspicuous manner.
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 › Registration Procedure › Section 78.5 - Display of business certificate

Current through Register Vol. 46, No. 28, July 10, 2024
The official business certificate of registration (form
						MV-61U) must be displayed conspicuously in the dealer's place of business. This
						certificate is issued in addition to the regular registration stubs which
						accompany the dealer or transporter plates.
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 › Registration Procedure › Section 78.6 - Amendments to registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Change
					 in members of a partnership or officers of a corporation.
(1) The Department of Motor Vehicles must be
					 notified immediately, in writing, if there is a change in either the members of
					 a partnership, or the officers of a corporation, registered as a dealer.
					 Notification must contain the name and residence address of the new member or
					 officer and the member or officer who has been succeeded. Notification must be
					 sent to the Department of Motor Vehicles at the address shown on the amendment
					 form.
(2) The registration of a
					 dealer in the names of two or more persons as partners or otherwise shall not
					 expire on change in ownership as long as one person named as a partner remains
					 the owner or part owner. This policy applies also where two or more partners
					 increase the number of partners, but does not apply where an individual forms a
					 partnership nor where a corporation is involved.
(3) In effecting a change, it is necessary
					 for the dealer to submit an amendment form, MV-82, with the required number of
					 certificate stubs, the certificate of registration and the stubs in the old
					 name.
(4) In those cases where a
					 partnership is dissolved, the partner leaving the firm is required to affix his
					 signature to the amendment form in addition to the signatures of the remaining
					 partners.
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 › Registration Procedure › Section 78.7 - Assumed names

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a
					 dealer files a certificate of doing business under an assumed name with the
					 county clerk, the dealer shall also file a copy of the certificate with the
					 commissioner. Thereafter, the dealer may do business in either his real name or
					 his assumed name. A dealer may have any number of assumed names without needing
					 additional dealer registrations if every assumed name begins with the same word
					 or name. However, if the assumed names begin with different words or names,
					 then a separate dealer registration is required for each name.
Example:John B. Smith Motor Cars, Inc., may have the
						assumed names John B. Smith Ford, John Boy Chevrolet and John and Jill Toyota
						under a single-dealer registration. The assumed names Johnny's Dodge, Honest
						John Buick and JBS Volkswagen would require three-dealer registrations.
(b) When a dealer sells a vehicle
					 for which the proof of ownership is in an assumed name, the certificate of sale
					 (form MV-50) shall be written in the dealer's actual name d/b/a the assumed
					 name.
Example:Triple Q Ford, Inc., a registered dealer is
						permitted to do business under the assumed name Triple Q Jaguar. When the
						dealer receives a Manufacturer's Certificate of Origin from Jaguar
						Manufacturing Corporation, it is made out to Triple Q Jaguar. When the car is
						sold, the name of the dealer must appear on the MV-50 as Triple Q Ford, Inc.
						d/b/a Triple Q Jaguar.
(c)
					 A dealer will be responsible for all transactions conducted by it, whether in
					 real name or assumed name. Any suspension or revocation action, or imposition
					 of a civil penalty, will apply to all dealer registrations at one
					 location.
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 › Registration Procedure › Section 78.8 - Sales away from premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 otherwise provided in subdivisions (b) and (c) of this section, a dealer shall
					 make all sales at the registered place of business.
(b) A dealer may make a sale at the home or
					 place of business of a customer.
(c) A dealer may conduct a maximum of two (2)
					 sales per calendar year at additional locations if:
(1) written authorization is issued by the
					 regional director of the Division of Vehicle Safety Services in the region in
					 which the dealership is located, and such written authorization is kept at the
					 booth or desk of the dealer in the away-from-premises location. Such
					 authorization is not required to sell one or more vehicles at an auction to
					 which only wholesale purchasers are admitted;
(2) the dealer staffs, for the entire
					 duration of the sale, a booth or desk at the away-from-premises location which
					 has the dealer's name, registered street address, registration number and
					 telephone number displayed proportionate to the size of the sign or in letters
					 at least four inches high with a stroke of three-fourths of one inch on a sign
					 at least 18 square feet in size. All sales must take place at the booth or
					 desk;
(3) the dealer keeps all
					 security items (e.g., forms MV-50 and MV-TCR) in a secure safe or locked drawer
					 at the booth or desk, if they are brought to the away-from-premises
					 location.
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 › Registration Procedure › Section 78.9 - Electronic recordkeeping and transmission of information related to the sale of vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Vehicle Electronic Reassignment and Integrated Facility Inventory system.
					 Except as provided in subdivision (c) of this section, dealers are required to
					 use the Vehicle Electronic Reassignment and Integrated Facility Inventory
					 (VERIFI) system to transfer ownership of all vehicles and record vehicle sales.
					 Dealers are required to:
(1) Sign a facility
					 participation agreement with a vendor selected by the commissioner;
(2) Use the VERIFI system, as prescribed in
					 the vendor's facility participation agreement;
(3) Electronically transmit the information
					 set forth in the book of registry, records of paper MV-50 forms, and records of
					 paper temporary certificates of registration;
(4) When an electronic MV-50 cannot be issued
					 due to the nature of the sales transaction, such as a sale to a party in
					 another state, use a paper MV-50 pursuant to the terms in the facility
					 participation agreement, and record required data in the VERIFI system via the
					 methods prescribed by the VERIFI facility participation agreement. Data
					 recorded on any paper MV-50 must be entered into the VERIFI system no later
					 than the time of issuance of the paper MV-50 to the buyer;
(5) Maintain an active and valid account with
					 the VERIFI vendor, per the terms of the facility participation agreement, in
					 order to issue electronic MV-50s and to receive and issue paper MV-50s. Failure
					 to maintain an active and valid account with the VERIFI vendor and follow the
					 procedures set forth in the facility participation agreement shall be a
					 violation of this subdivision.
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 › Sales of Vehicles › Section 78.10 - Form of certificate of sale (form mv-50), obtaining certificates of sale and use

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form. The
					 commissioner shall design and distribute certificates of sale (form
					 MV-50).
(b) Obtaining and returning
					 certificates of sale.
(1) The requisition form
					 for certificates of sale should be submitted by mail to the address shown on
					 the requisition form. When reordering books of MV-50's, the requisition form
					 must be submitted with all completed books of form MV-50. The requisition form
					 must be signed by an officer, partner, individual owner, or any person
					 authorized by the dealer.
(2) Old
					 supplies of certificates of sale (form MV-50) should be used up before new
					 certificates of sale are used. However, by March 1, 1993, only certificates of
					 sale with a print date of "2/92" or later may be used.
(3) Within five business days from receipt of
					 a book of certificates, the dealer must notify the Division of Vehicle Safety
					 Services of the department of any discrepancy between the certificates actually
					 received and the certificates purportedly sent. At the expiration of such
					 five-day period, in the absence of notification to the contrary, it is presumed
					 that any book of certificates mailed or delivered to a dealer was received by
					 the dealer intact, and the dealer will be required to account for all
					 certificates so mailed or delivered to him.
(4) Books of form MV-50 must be kept in a
					 safe place where they will not be accessible to persons not directly connected
					 with the dealer's business. No dealer shall lend a book of certificates of sale
					 or any certificate of sale. A dealer shall be in violation if unable to
					 satisfactorily account for every MV-50.
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 › Sales of Vehicles › Section 78.12 - Forms of proofs of ownership

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a dealer transfers a vehicle, in addition to
						other documents required by this Part, the dealer must submit all proofs of
						ownership for such vehicle showing a complete chain of ownership going back to
						the last registration of the vehicle, if the vehicle is not subject to the
						Certificate of Title Law, or to the last certificate of title for vehicles
						subject to the Certificate of Title Law. The manufacturer's certificate of
						origin must be submitted upon the sale of any new vehicle. If a dealer has
						reason to believe a new motor vehicle will be titled in another state or
						country, he shall endorse the manufacturer's certificate of origin. If a dealer
						has reason to believe that a new motor vehicle will be titled in New York, or
						has no reason to believe otherwise, then the manufacturer's certificate of
						origin need not be endorsed.
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 › Sales of Vehicles › Section 78.13 - Additional documents required on the sale of vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Invoices or bills of sale.
(1) On the sale of every vehicle, the retail
					 dealer must issue to the purchaser, in addition to the certificate of sale
					 (form MV-50), a bill of sale or an invoice which contains the dealer's name,
					 the dealer's address, the dealer's facility identification number and the date
					 the document is completed. On the bill of sale or invoice, the retail dealer
					 must also classify the vehicle as a "new vehicle," "demonstrator," "used
					 vehicle," "wholesale vehicle" or "junk vehicle." The classification must be
					 stamped, printed or written on the bill of sale or invoice in a conspicuous
					 manner and apart from other printing or information on the document.
(2) On the sale of a vehicle, the wholesale
					 dealer must issue to the purchaser, in addition to the certificate of sale
					 (MV-50), a bill of sale or an invoice which contains the dealer's name, the
					 dealer's address, the dealer's facility identification number and the date the
					 document is completed. If more than one vehicle is sold to the same purchaser
					 by a wholesale dealer, a blanket invoice may be issued covering all vehicles
					 involved in the one transaction. An invoice or bill of sale issued by a
					 wholesale dealer must be conspicuously marked with the classification
					 "WHOLESALE."
(3) In addition to any
					 other information required on a bill of sale or invoice, every dealer must
					 place on the face of each bill of sale or invoice, except a bill of sale or
					 invoice issued upon the sale of a new vehicle, the mileage said motor vehicle
					 purports to have been operated as appears upon the odometer of such motor
					 vehicle, preceded by the word mileage. If the dealer knows that the mileage
					 indicated on the odometer is less than the mileage the motor vehicle has been
					 driven, the notation "true mileage unknown"shall be placed on the face of the
					 bill of sale or invoice in addition to the mileage shown on the
					 odometer.
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 › Sales of Vehicles › Section 78.14 - Guarantees or warranties

Current through Register Vol. 46, No. 28, July 10, 2024
Any guarantee or warranty given by a dealer with respect
						to any vehicle must be in writing and a copy delivered to the purchaser
						thereof. Such guarantee or warranty must contain the scope of guarantee or
						warranty, the limitations as to date or mileage, and the specific terms and
						items covered thereby. The guarantee or warranty must be signed by the dealer
						or authorized representative. Warranties issued by corporations, companies or
						individuals, other than factory warranties or those issued directly by a
						dealer, shall not be sold or given to the purchaser of a motor vehicle by the
						dealer, either directly or indirectly, unless such corporation, company or
						individual is duly authorized to issue such warranties pursuant to section 41
						of the Insurance Law of the State of New York. A dealer, before selling a new
						car that has less than the full new car warranty, must inform the purchaser in
						writing how many months are left on the new car warranty. Such remaining
						warranty period shall be typed, printed or written on the bill of sale or
						invoice in a conspicuous manner and apart from other printing or information on
						the document.
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 › Sales of Vehicles › Section 78.15 - Inspection certificates and requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Removal of inspection stickers. A dealer
					 selling a motor vehicle or trailer must remove from the motor vehicle or
					 trailer any inspection stamps, except on a vehicle purchased from another
					 dealer, immediately upon taking possession of the vehicle. Such removal of the
					 sticker under the circumstances described above shall not be a violation of the
					 provisions of subdivision (e) of section 306  of the Vehicle and Traffic
					 Law.
(b) When a motor vehicle owned
					 or controlled by a dealer has been inspected and approved by a licensed
					 inspection station, the dealer shall not take or retain possession or control
					 of such vehicle unless and until the inspection certificate has been properly
					 affixed to the vehicle by the inspection station.
(c) A motor vehicle (including a trailer,
					 other than a mobile home trailer) which is sold or transferred for use on the
					 public highways of this State by a dealer must be inspected within 30 days of
					 the date of sale, as such date is indicated on the MV-50, and bear a
					 certificate of inspection prior to delivery. This requirement is not applicable
					 to a motor vehicle sold to another dealer, to a motor vehicle sold as a junk
					 vehicle or to a motor vehicle transferred to a lessee who has had possession of
					 the vehicle for a period of 90 days or more under the lease. When the sale is
					 to such a lessee, the inspection information box on the form MV-50 must be
					 marked: "long term lessee."
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 › Sales of Vehicles › Section 78.16 - Restrictions pertaining to sales

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A dealer selling a new vehicle to a
					 person residing outside of his own territory must not permit the purchaser to
					 give a residence address in the territory of the dealer making the sale. The
					 use of a business address by the purchaser as a residence address is also
					 forbidden.
(b) If a retail dealer
					 desires a car which he has in stock for his individual use, he may obtain a
					 registration in his name, but the practice of continually registering or
					 reregistering vehicles in the dealer's name and subsequently selling them by
					 effecting a statement of transfer is not permitted.
(c) A dealer shall not display or permit the
					 display of a vehicle unless he owns the vehicle or has it on
					 consignment.