2014 New York Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
391-C - Sale of bicycles.

NY Gen Bus L § 391-C (2014) What's This?

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.


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