N.Y. Comp. Codes R. & Regs. tit. 15 § 78.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 78.8 - Sales away from premises

(a) Except as otherwise provided in subdivisions (b) and (c) of this section, a dealer shall make all sales at the registered place of business.

(b) A dealer may make a sale at the home or place of business of a customer.

(c) A dealer may conduct a maximum of two (2) sales per calendar year at additional locations if:

(1) written authorization is issued by the regional director of the Division of Vehicle Safety Services in the region in which the dealership is located, and such written authorization is kept at the booth or desk of the dealer in the away-from-premises location. Such authorization is not required to sell one or more vehicles at an auction to which only wholesale purchasers are admitted;

(2) the dealer staffs, for the entire duration of the sale, a booth or desk at the away-from-premises location which has the dealer's name, registered street address, registration number and telephone number displayed proportionate to the size of the sign or in letters at least four inches high with a stroke of three-fourths of one inch on a sign at least 18 square feet in size. All sales must take place at the booth or desk;

(3) the dealer keeps all security items (e.g., forms MV-50 and MV-TCR) in a secure safe or locked drawer at the booth or desk, if they are brought to the away-from-premises location.

(d) The appropriate regional director of the Division of Vehicle Safety Services shall authorize away-from-premises sales for a dealer if:

(1) a written request from a dealer, on a form prescribed by the commissioner, is received at least twenty days before the sale is to begin;

(2) the sale location is within twenty (20) miles of the dealer's registered location, provided, however, in the counties of Westchester, Rockland, Bronx, New York, Kings, Queens, Richmond, Nassau and Suffolk, the sale location is within six (6) miles of the dealer's registered lo- cation; and

(3) the sale is to be of ten consecutive days duration or less;

(4) neither the dealer nor the away-from-premises location has a his- tory of violations; and

(5) all third party participants in such sale are identified at the time of the request, and, in the case of banks and/or credit lenders, are certified by the New York State Department of Financial Services to operate in New York State,

(6) the sale location complies with all applicable local zoning requirements and, if required, all necessary permits have been acquired and are maintained at the dealer's registered location.

(e) The provision of subdivision (c) of this section regarding the maximum number of sales per calendar year and the provision of paragraph (2) of subdivision (d) of this section regarding the location of sales shall not apply to sales of recreational vehicles. For the purpose of this section, the term ''recreational vehicle'' shall have the same meaning as ''house coach'' as such term is defined in section one hundred nineteen of the Vehicle and Traffic Law.

(f) All advertising for sales away from the dealer's registered location shall include the dealer's name, registered street address, facility registration number and telephone number.

(g) A display of a vehicle at which the dealer has no sales personnel or employee present shall be considered a display and not a sale and is permitted without compliance with this section. A display of a vehicle at which the dealer has a sales person or employee present requires the dealer to comply with this section; provided, however, that a display of vehicles at an event, such as an auto show, in which numerous manufacturers participate and which is for the purpose of display is permitted without compliance with this section.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.8

Amended New York State Register August 5, 2015/Volume XXXVII, Issue 31, eff. 8/5/2015