Relates to the definition and registration of mobility dealers

Summary of specific provisions

This bill amends section 415 of the Vehicle and Traffic Law by adding five new paragraphs k, l, 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 paragraph 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 registration 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 our outside this state.

Justification

This bill will allow mobility dealers to legally sell new 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. This loophole appears to be an unintended byproduct of advances in the manufacture 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 t.hat 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

None.

Fiscal implications

Undetermined.

Effective date

This act shall take effect 120 days after it shall become law.