Dealer Plates
NY-ADR
8/13/14 N.Y. St. Reg. MTV-32-14-00004-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 32
August 13, 2014
RULE MAKING ACTIVITIES
DEPARTMENT OF MOTOR VEHICLES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. MTV-32-14-00004-P
Dealer Plates
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 78.21(j) of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 415(15)
Subject:
Dealer Plates.
Purpose:
Give the Commissioner discretion regarding the surrender of dealer plates.
Text of proposed rule:
Subdivision (j) of section 78.21 is amended to read as follows:
(j) [Any] If a dealer [who] has not sold at least five vehicles during the previous twelve months of operation, [shall not be allowed to have dealer or transporter plates for the following year, and] then the Commissioner may, upon written demand [of the Commissioner shall surrender] require such dealer to return one or more such dealer and/or transporter plates to the Commissioner or his authorized representative within ten days of such demand. It shall be a violation of this subdivision for a dealer to fail to surrender such dealer or transporter plates to the Commissioner or his authorized representative within the ten day period.
Text of proposed rule and any required statements and analyses may be obtained from:
Michelle Seabury, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: [email protected]
Data, views or arguments may be submitted to:
Ida L. Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
The Department of Motor Vehicles issues dealer and transporter plates to dealers registered pursuant to Article 16 of the Vehicle and Traffic Law. The plates are used for demonstration and testing purposes, and “for the limited operation of vehicles owned or controlled by the dealer for the purpose of weighing, testing, dismantling, transporting or delivering the same, or for the purpose of moving such vehicles in connection with making installations thereon or improvements thereto, or the repossession or foreclosure thereof.” (VTL section 415(8))
Currently under Part 78.21, if a dealer has not sold at least five motor vehicles during the previous 12 month period, such dealer is not allowed to have dealer or transporter plates for the following year and may be required by the Department to surrender such plates. The Department has become aware of situations where a small dealer may not sell a motor vehicle for a year but may very well sell a limited number of vehicles in the ensuing months. Therefore, it makes sense to permit such a dealer, in the Commissioner’s discretion, to retain one or more of the dealer or transporter plates so that such dealer can continue in the business of selling motor vehicles.
Because this proposed rule is a practical and limited solution to assist a small business engaged in selling vehicles, the Department anticipates no objection to this rulemaking.
Job Impact Statement
A JIS is not submitted because this rule will have no adverse impact on job creation or job development in New York State.
| End of Document |