New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 103 - All-terrain Vehicles › Section 103.3 - Atv dealers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 2282  of the Vehicle and Traffic Law
				  requires that any person engaged in the business of selling ATV's at wholesale
				  or retail shall register as an ATV dealer. However, that section exempts from
				  the registration requirement of that section a person who is registered as a
				  motor vehicle dealer pursuant to section 415  of the Vehicle and Traffic
				  Law.
(b) A person applying for
				  registration as an ATV dealer shall submit to the commissioner the appropriate
				  registration fee together with an application form, supplied by the
				  commissioner, completed and submitted in the manner prescribed on such form. A
				  separate ATV dealer registration must be obtained for each separate location at
				  which a person is operating as an ATV dealer.
(c) A dealer registration shall not be issued
				  unless the commissioner is satisfied that the applicant has a place of business
				  which is either owned by the applicant or leased to him for a period of at
				  least one year, and such place of business contains a structure of sufficient
				  substance to adequately provide for the transaction of business and to afford
				  reasonable security for records required to be kept by the dealer. The
				  commissioner shall require the applicant to display a sign or other acceptable
				  means of identification visible to the public which contains the name of the
				  applicant as it appears on the application for registration and the applicant's
				  status as a registered ATV dealer. In addition, proof of compliance with other
				  statutory requirements, such as workers' compensation, shall also be required
				  to be filed. However, the commissioner may issue a temporary registration
				  pending final approval of an application.
(d) A registered dealer shall not hold an ATV
				  for sale on the dealer premises unless the dealer has acceptable evidence of
				  ownership or evidence of right to possession of the ATV, nor shall the dealer
				  sell or transfer an ATV unless acceptable evidence of ownership is in the
				  dealer's possession at the time of sale.
(e) As hereinafter provided, a registered
				  dealer must provide the transferee with acceptable evidence of ownership and
				  bill of sale which conforms to the requirements of subdivision (f) of this
				  section.
(f) Bill of sale. Every
				  bill of sale issued by a registered dealer shall be consecutively numbered with
				  a unique bill of sale identification number and shall contain the name and
				  address of the dealer, the dealer's registration number, the name and address
				  of the transferee, a complete description of the ATV including the year, make,
				  model, identification number and number of wheels of the ATV, whether the ATV
				  is new or used and the statement that the New York State and local sales taxes
				  have been collected.
(g) Required
				  records.
(1) An ATV dealer is required to
				  maintain a permanently bound book of registry or other form of record approved
				  by the commissioner in which shall be recorded a complete description of all
				  ATV's acquired for the purpose of sale, traded or sold, the name and address of
				  the person from whom the ATV was obtained and the last registration number of
				  the ATV, if registered in New York. The ATV description shall include year,
				  make, model, identification number, number of wheels and whether the ATV is new
				  or used. The book shall also contain the name and address of the person to whom
				  the ATV is transferred, the date of sale and the number of the dealer's bill of
				  sale. In addition, a copy of the bill of sale given to the transferee must also
				  be maintained.
(2) When a purchaser
				  trades in an ATV which has been registered, its registration must be completely
				  filled out showing transfer of the ATV to the dealer, and it must be signed by
				  the transferor at the time of trade-in. If the ATV which is traded in has not
				  been registered, a bill of sale and an affidavit of ownership, both properly
				  completed and signed by the transferor at the time of trade-in, must be
				  obtained by the dealer.
(3) All
				  dealer records must be maintained for a period of five years. Such records
				  shall be open for inspection by the commissioner or agents of the commissioner
				  during regular business hours.