Relates to mobility vehicles and new mobility vehicles

Summary of specific provisions

The bill amends several provisions of VTL § 415 to authorize motor vehicle dealers specializing in motor vehicles that have been specially converted and equipped to transport a person with disabilities to display, advertise, store and/or demonstrate new mobility vehicles.

Section 1 of the bill makes amendments to the "definition" provisions of VTL § 415(1), including new definitions for "new motor vehicle" and "mobility vehicle" to provide the terms and conditions for demonstration, display and sale of vehicles that have been specially converted and equipped to transport a person with a disability.

Section 2 of the bill adds a new paragraph c-1 to subdivision 7 of section 415 to:

(1) Require that any dealer engaged in displaying and demonstrating mobility vehicles shall notify prospective purchasers regarding the warranty on the mobility modifications and the impact, if any of the modifications on the warranty of the underlying vehicle; and

(2) Authorize a motor vehicle dealer engaged in displaying and demonstrating mobility vehicles to perform repairs on modifications, but prohibits repair work on the original manufactured portion of the vehicle unless licensed to do so pursuant to Article 12-A of the VTL.

Finally, the legislation does not interfere with any existing dealer rights under the Vehicle and Traffic law. As such, the legislation does not impair any dealer from selling a used mobility vehicle to a consumer, nor does it prohibit a new motor vehicle dealer from engaging in the sale of new mobility vehicles in accordance with his or her certificate of registration.

Justification

In the past, a driver with physical disabilities or a person wishing to purchase a vehicle that can accommodate equipment for secure ingress, transportation, and egress of persons requiring a wheelchair or scooter would need to purchase a motor vehicle and then have the post-sale modifications made to the vehicle by an appropriate specialist. This created something of a trial and error process involving persons with very special needs as they did not actually see the modifications until the sale was completed. The industry has since evolved. Currently, motor vehicle manufacturers and vehicle "alterers" work in tandem to produce standardized mobility vehicle models -- and OEM franchised dealers and dealers specializing in mobility vehicles cooperate in a manner that allows consumers to examine "completed" mobility vehicles up front and first hand - greatly benefitting purchasers with disabilities and their families.

Generally, the display, demonstration and ultimate sale of these specialized vehicles throughout the country consist of the following steps. Large mobility vehicle alterers modify new OEM vehicles for ingress, transportation, and egress of wheelchair and scooter users. These altered/modified vehicles are generally owned by OEM-franchised dealers before and after the vehicles are converted into mobility vehicles by the mobility vehicle alterer. NYS-located mobility dealers then order the new mobility vehicles from the OEM-franchised dealer, so the vehicles can be displayed, advertised, stored and demonstrated on the mobility dealer's showroom floors. People with disabilities visit the mobility dealers to actually view the displayed new mobility vehicles, take a test drive, and learn how the vehicle can be further modified to best accommodate the individual's specific disability.

Ultimately, the consumer with the disability will purchase the base vehicle from the OEM-franchised dealer, or an alterer holding proper title to the vehicle, and will purchase the mobility modifications from the mobility dealer. The underlying vehicle continues to be warranted by the original equipment manufacturer and the modifications are warranted by the alterer.

This system has proven uniformly beneficial; however, under the Vehicle and Traffic Law, the mobility dealers are currently classified as "used car dealers". However, due to the fact that they are displaying new vehicles (albeit modified) in their showrooms for demonstration purposes, they are technically in violation of § 415 of the Arm. This legislation allows mobility dealers to become fully compliant with New York motor vehicle dealer law while maintaining their specialized and limited area of expertise and unique relationship with their customers. The sophisticated relationships between new car manufacturers, alterers, OEM franchised dealers, and mobility dealers have resulted in substantial benefits in quality, reliability and affordability for persons with disabilities. The modifications contained in this legislation will allow the benefits to the disabled community and their families continue and grow.

Prior legislative history

New bill

Fiscal implications

None

Effective date

This act shall take effect on th6 thirtieth day after which it has become law