BILL NUMBER: S1702
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the general business
law, in relation to mobility dealers
 
PURPOSE:
This bill will allow mobility dealers to legally sell mobility vehicles
to persons with disabilities while also addressing a loophole in the NYS
Vehicle and Traffic Law that negatively impacts the ability of drivers
with disabilities to be independent in their communities.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 415 of the Vehicle and Traffic Law by adding
five new paragraphs k, 1, m, n, and o. Paragraph k defines "Mobility
Dealer," paragraph 1 defines "Mobility Equipment," paragraph m defines.
"Mobility Vehicle, paragraph n defines "New Mobility Vehicle," and para-
graph 0 defines "Used Mobility Dealer."
Section 2(b-1) requires people engaged in business as mobility dealers
to be registered as mobility dealers.
Section 4(b-1) requires certificate of registration as a mobility dealer
for anyone engaged in business as mobility dealer who is not new motor
vehicle dealer or qualified dealer must have a certificate of registra-
tion as a mobility dealer. This section also makes clear that the
initial transfer of title or ownership of a new mobility vehicle to a
purchaser other than for resale must be made by a new vehicle dealer
licensed either inside this state or outside this state.
 
JUSTIFICATION:
This bill will allow mobility dealers to legally sell new mobility vehi-
cles to persons with disabilities while also addressing a loophole in
the NYS Vehicle and Traffic Law that negatively impacts the ability of
drivers with disabilities to be independent in their communities. This
loophole appears to be an unintended byproduct of advances in the manu-
facture of adapted mobility vehicles.
Under current New York State law, the definition of "new motor vehicle
dealer" excludes a provision that would allow mobility dealers to sell
new, previously untitled motor vehicles that have been modified for the
safe transportation of, or operation by, people who use wheelchairs or
scooters. In other states, this loophole has been cited by officials at
Departments of Motor Vehicles as justification to shut down mobility
dealers until the governing laws were modified. If this were, to happen
in New York State, thousands of drivers with disabilities would be left
without qualified, experienced sales and services staff for their
adapted vehicles; this would potentially result in loss of employment,
health care and community activities that are so hard-won by people with
disabilities.
Due to recent changes in the industry, motor vehicle manufacturers are
now working directly with vehicle modifiers at the production stage of
manufacturing. Under this new business model, mobility dealers have new,
untitled vehicles in their showrooms that have already been modified for
ingress and egress by wheelchair-users. The mobility dealer then works
with the consumer to establish which specialty equipment is needed to
safely secure their wheelchair during transport and, if desired, what
adapted driving technologies will be installed.
These types of modifications are beyond the capacity of your average new
car dealer. The mass production of adapted motor vehicles has resulted
in substantive improvements in quality, reliability and affordability;
the unintended consequence however is that this advance has created a
loophole which jeopardizes mobility dealers' ability to operate within
the letter of the current VTL.
Consequently, the proposed amendments to section 415 of the VTL will
allow mobility dealers to legally sell new mobility vehicles so that
drivers with disabilities will not be left to rely upon average oar
dealers who are unable and unwilling to adequately address the special
needs of this population or the customized equipment upon which they
depend.
 
PRIOR LEGISLATIVE HISTORY:
2024: S5288/A5740 Referred to Transportation
2023: S5288/A5740 Referred to Transportation
New Bill
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect 120 days after it shall become law.

Statutes affected:
S1702: 415 vehicle and traffic law, 415(7) vehicle and traffic law, 198-a general business law, 198-b general business law