2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
391-C - Sale of bicycles.

 
    §  391-c. Sale of bicycles. 1. No bicycle manufactured or assembled on
  or after January first, nineteen hundred seventy-four, and designated as
  a new model  shall  be  sold  in  this  state  unless  such  bicycle  is
  manufactured  and  assembled  in  compliance  with rules and regulations
  promulgated by the commissioner pursuant to  subdivision  d  of  section
  twelve hundred thirty-six of the vehicle and traffic law.
    1-a.  (a)  No  bicycle  manufactured  or assembled on or after January
  first, nineteen hundred eighty-nine shall be sold or offered for sale in
  this state unless it has an identifying serial number that distinguishes
  that bicycle from all  other  bicycles  of  that  same  make  and  model
  permanently and visibly engraved or stamped in readily legible boldfaced
  figures  at  least one-eighth inches in height on the top surface of the
  top crossbar or of the uppermost cross support of the bicycle  frame  or
  on  the head tube or on the toeplate not obstructed by the derailleur or
  gear wheels or on the crank hanger; or, on  a  label,  shield  or  plate
  permanently  affixed  in any of the foregoing locations in such a manner
  that the serial number will be readily  visible  and  that  such  label,
  plate or shield cannot be removed without being defaced or destroyed.
    (b) Any person, corporation, association or partnership who assembles,
  distributes  or  manufactures  such a bicycle on or after January first,
  nineteen hundred eighty-nine or who is regularly engaged in the business
  of selling bicycles or bicycle accessories at retail and who offers such
  bicycle for sale in the normal course  of  business  in  this  state  in
  violation of this subdivision shall be subject to a civil penalty not to
  exceed  two  hundred  fifty dollars. In addition to any other penalty as
  provided by law, any person who intentionally alters, conceals, defaces,
  destroys, or removes such serial number with the intent to  deprive  the
  rightful  owner  of  lawful  possession  shall be guilty of a violation,
  punishable by a fine not to exceed two hundred fifty dollars.
    (c) No person  regularly  engaged  in  the  business  of  manufacture,
  distribution,  or  retail  sale  of  bicycles  shall  be  deemed to have
  violated the provisions of this subdivision, if such person shows  by  a
  preponderance  of  evidence  that  the violation was not intentional and
  resulted from bona fide error made notwithstanding  the  maintenance  of
  procedures reasonably adopted to avoid any such error.
    2.  No  bicycle  manufactured  and  assembled  prior to January first,
  nineteen hundred seventy-four, shall be sold in this state on  or  after
  January  first,  nineteen  hundred  seventy-five,  by a person regularly
  engaged in the business  of  selling  bicycles  at  retail  unless  such
  bicycle  is  in compliance with the rules and regulations promulgated by
  the commissioner pursuant to the provisions of subdivision d of  section
  twelve hundred thirty-six of the vehicle and traffic law.
    3.  The  provisions  of subdivisions one and two of this section shall
  not apply to the sale of a bicycle by a person not regularly engaged  in
  the business of selling bicycles at retail.
    4.  No person regularly engaged in the business of selling bicycles or
  bicycle accessories at retail shall sell any reflective device  for  use
  on  a  bicycle if such device does not comply with rules and regulations
  promulgated by the commissioner of motor vehicles  pursuant  to  section
  twelve  hundred  thirty-six of the vehicle and traffic law. A reflective
  device shall include a tire, if reflectorization of tires is required by
  such rules and regulations.
    5. A knowing violation of this section shall be punishable by  a  fine
  not to exceed two hundred and fifty dollars.