BILL NUMBER: S2329
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
review of all motor vehicle repair shop applicants which includes commu-
nity input
 
PURPOSE:
To require review of all motor vehicle repair shop applicants which
includes community input in the city of New York.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 398-c of the Vehicle and Traf-
fic Law to add a new subdivision 2-a, as it relates to Additional
Requirements for Transfers and Renewals, to require the Commissioner of
the Department of Motor Vehicles (DMV) to consider the history of
violations of this article, history of parking violations, or parking-
related building code violations; and any complaints from the relevant
community boards, the effect on vehicular traffic and parking, and all
other relevant factors specified by law, ordinances, or regulation in
relation to the public interest. Additionally, this section requires
notice to such relevant community board or boards and opinions from the
community board would be provided within 35 days of notice.
Section 2 amends section 398-e of the Vehicle and Traffic Law, as it
relates to certificate of registrations and the DMV Commissioner's
authority for suspension, revocation, refusal to issue, and civil penal-
ties for motor vehicle repair shops, by adding a new paragraph (m) to
consider the history of conduct that includes multiple parking
violations or failure to cure two or more parking-related code
violations in NYC in determining the transfer or renewal of certificates
of registration.
Section 3 adds a new section 398-J to the Vehicle and Traffic Law to
require that applicants, whose repair shop is located in New York City,
must notify municipalities of their intent to file an application to
transfer or renew a certificate of registration no less than 45 days
beforehand, and request that the relevant community board provide a
written opinion in favor or against approval within 35 days of receiving
notice.
Section 4 provides the effective date.
 
JUSTIFICATION:
Some auto shop repair shops engage in illegal practices, such as using
residential parking for cars under repair and parking those cars on the
sidewalk. This not only blocks traffic, but it prevents residents from
getting to and from their homes as they are forced to travel in the
street. This situation particularly hinders access for individuals with
disabilities who rely on pedestrian pathways. Neighboring businesses
are impeded from receiving goods via truck deliveries. And, this prac-
tice by auto shops also limits residential parking in dense neighbor-
hoods. It is unfair for auto shop businesses to restrict both public
sidewalks, traffic flow, and parking from the community for their
commercial purposes. The impacts and input from community members is
valuable as when these businesses seek approval on their transfer or
renewals, and this bill would allow for such input to be considered.
The New York City Police Department and the Department of Sanitation of
NYC assist in towing vehicles that are illegally parked, but their
resources are limited. Neither agency has the capacity to tow illegally
parked cars in front of auto shops every day. Current enforcement
efforts lead to fines and tow fees, which are infrequent enough that
they do not deter the illegal practices of auto shops.
This bill would provide the community that auto shops are located in the
ability to respond in favor or against an auto shop's application for
renewals or transfer through their local community board. This would
allow residents to provide feedback on the community impact of local
auto shops during the license renewal or transfer process and community
input prior to relicensing is not a new idea, it is similar in nature to
the State Liquor Authority soliciting community input prior to granting
liquor licenses. Auto shops affect their neighborhoods in various ways,
therefore approval of their application for renewal or transfer of a
certificate of registration should be subject to a review by the commu-
nity boards they serve.
 
LEGISLATIVE HISTORY:
2023-24: S5936-A t A6951-A Alvarez
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

Statutes affected:
S2329: 398-c vehicle and traffic law