N.Y. Comp. Codes R. & Regs. tit. 15 § 78.13

Current through Register Vol. 46, No. 18, May 1, 2024

Section 78.13 - Additional documents required on the sale of vehicle

(a) Invoices or bills of sale.

(1) On the sale of every vehicle, the retail dealer must issue to the purchaser, in addition to the certificate of sale (form MV-50), a bill of sale or an invoice which contains the dealer's name, the dealer's address, the dealer's facility identification number and the date the document is completed. On the bill of sale or invoice, the retail dealer must also classify the vehicle as a "new vehicle," "demonstrator," "used vehicle," "wholesale vehicle" or "junk vehicle." The classification must be stamped, printed or written on the bill of sale or invoice in a conspicuous manner and apart from other printing or information on the document.

(2) On the sale of a vehicle, the wholesale dealer must issue to the purchaser, in addition to the certificate of sale (MV-50), a bill of sale or an invoice which contains the dealer's name, the dealer's address, the dealer's facility identification number and the date the document is completed. If more than one vehicle is sold to the same purchaser by a wholesale dealer, a blanket invoice may be issued covering all vehicles involved in the one transaction. An invoice or bill of sale issued by a wholesale dealer must be conspicuously marked with the classification "WHOLESALE."

(3) In addition to any other information required on a bill of sale or invoice, every dealer must place on the face of each bill of sale or invoice, except a bill of sale or invoice issued upon the sale of a new vehicle, the mileage said motor vehicle purports to have been operated as appears upon the odometer of such motor vehicle, preceded by the word mileage. If the dealer knows that the mileage indicated on the odometer is less than the mileage the motor vehicle has been driven, the notation "true mileage unknown"shall be placed on the face of the bill of sale or invoice in addition to the mileage shown on the odometer.

(b) Used vehicle certification. (Required by section 417 of the Vehicle and Traffic Law.)

(1) A retail dealer who sells a secondhand motor vehicle to be used on the public highways of this State must deliver to the purchaser a statement as follows: "If this motor vehicle is classified as a used motor vehicle, the dealer named above certifies that the entire vehicle is in condition and repair to render, under normal use, satisfactory and adequate service upon the public highway at the time of delivery."

(2) This statement shall be printed in at least 10-point type on the face of the dealer's standard bill of sale which is provided to the retail purchaser upon delivery or acceptance of the vehicle.

(3) The willful or repeated failure to deliver such statement as herein required shall be considered a violation of this regulation.

(4) When vehicles are sold to another dealer, or for use other than on the public highways, the dealer must check the "wholesale" box or the "retail" and "salvage" boxes at the top of the certificate of sale (form MV-50). The classification wholesale may be checked on the certificate of sale only if the vehicle falls within the definition of wholesale vehicle contained in subdivision (e) of section 78.2 of this Part.

(c) Motor vehicles, except motorcycles. All motor vehicles, except motorcycles, must be inspected for the following items of equipment, and such equipment must meet the standards set forth herein before the certification set forth in subdivision (b) of this section may be issued:

(1) Headlamps. Such vehicles must have at least two, except on dual headlamp system, which shall require four units having light sources of equal power. All units must be of an approved type and show a reading of at least 5,000 candlepower on high beam as shown by an output meter (testing may be done with engine running) and must be properly aimed.

(2) Tail lamp or lamps and reflectors. All 1952 and earlier model vehicles must have at least one lamp on the rear which shall display a red light. All 1953 and later models must have at least two lamps, one on each side, which shall display a red light. All vehicles must have at least one red reflector on the rear.

(3) Stop lamps (rear). All 1952 and earlier model vehicles must have at least one stop lamp and all 1953 and later model vehicles must be equipped with at least two stop lamps, one on each side. Each shall display a red to amber light visible from the rear when the brake is applied.

(4) Number plate light. Must have at least one white light which shall illuminate the numerals of the plate. If vehicle is equipped for more than one such white light, all such lights must be operative.

(5) Directional signals--front and rear. All 1953 and later model vehicles must have directional signal lights. All units must be of an approved type and all operating units, including direction indicator light, must be operating properly.

Note:Lighting devices and reflectors required in paragraphs (2) through (5) of this subdivision may consist of combination lamps and reflectors, if such devices are approved for each such use by the commissioner.

(6) Hazard warning switch. All 1966 and later models must be equipped with an approved type hazard warning switch in proper working order.

(7) Glass. All vehicles must be equipped with approved type safety glass. Windshield glass must be AS-1. Glass in other windows must be AS-1 or AS-2 except that the rear window of convertibles may also be AS-5, AS-6 or AS-7. Glass must not be broken, nor fractured or discolored so as to impair vision.

Note:A camper body attached to a truck is part of the vehicle, and all glass in the camper body must be AS-1, AS-2 or AS-3.

(8) Windshield wipers. Must be in proper working order to provide reasonable driving vision.

(9) Defrosters. All 1964 and later model vehicles must be equipped with a front windshield defrosting device in good working order. All 1974 and later model year passenger-type motor vehicles except convertibles, suburbans and omnibuses or other vehicles that have roll-down rear windows or rear windows located in a movable closure (door-like member) must be equipped with a rear window defroster or defogger in good working order. All 1986 and later model year passenger type motor vehicle except a multipurpose passenger vehicle (designed to carry ten persons or less and constructed either on a truck chassis or with special features for occasional off-road operation) must be equipped with a rear window defroster or defogger in good working order.

(10) Horn. All motor vehicles must be equipped with a horn in good working order, but such horn shall not be unnecessarily loud or harsh.

(11) Rear-view mirror or mirrors. Every motor vehicle must be equipped with a rear-view mirror. All 1968 and later model vehicles must be equipped with an adjustable side-view mirror mounted on left outside of vehicle. Every 1970 and later model vehicle shall be equipped with an inside rear-view mirror of a type approved by the commissioner.

(12) Crankcase ventilating system. All 1964 and later model vehicles assembled after June 30, 1963 must have a PCV system in proper working order.

(13) Emission control system. All 1968 and later year model vehicles must be equipped with an emission control system in good working order.

(14) Muffler or mufflers. Every motor vehicle must be equipped with a muffler or mufflers to prevent excessive or unusual noise. If the vehicle is equipped with a replacement muffler, such muffler must have noise repressant qualities at least equivalent to the original equipment muffler.

(15) Brakes.

(i) Foot. Dealers must remove at least one wheel for the inspection of linings, drums, wheel cylinders, other brake mechanisms or disc brake components. Linings must have at least 1/32-inch thickness over the rivet head; or if bonded or molded linings, they must be at least 1/16-inch in thickness. Disc brake pads must not be broken, loose, and must be free of any contamination. Drums must not be scored to such an extent so as to impair the braking system. Brakes must be tested for equalization. Fluid in master cylinder must be up to full mark. Foot pedal must hold its position for at least one minute without fading. Hydraulic, vacuum or air line must not have visible leakage or audible seepage, or cracked, chafed, worn or weakened hoses or lines. All 1968 and later model passenger and station wagon-type motor vehicles must be equipped with dual master cylinders.

(ii) Parking. Brake must hold the vehicle stationary with engine running at a slightly accelerated speed with shift lever in drive position for automatic, or lever in low position for standard transmissions. Ratchet or pawl or other locking device must hold in applied position and must have lever reserve when brake is fully applied. Cables must not be frayed or frozen or must not have any other worn parts or malfunction of the system.

(16) Steering, front suspension and wheel alignment (toe-in or out).

(i) There must not be excessive looseness and/or wear in the following parts: wheel bearing, kingpins and bushings, upper and lower cross shaft and bushings, ball joints, upper and lower outer pins and bushings, idler arm, center control arm, tie rod ends, drag link ends, steering and pitman arms, gear box mounting, steering column mounting or steering wheel shaft mounting. The coupler or universal between gear box and steering column may not be frayed or cracked. There can be no excessive roughness or chips or cracked worm and sector gears.

(ii) With front wheels in straight ahead position, the steering wheel must not have more than two inches of free play for steering wheels up to 18 inches, and not more than three inches of free play for steering wheels more than 18 inches in diameter. There cannot be any tightness or binding when steering wheel is turned to the extreme right or left.

(iii) When checked visually, the front wheels cannot be out of line, axle or front end assembly cannot be bent or twisted, bolts or nuts or rivets cannot be loose or missing or in a deteriorated condition due to rust, the chassis frame cannot be in a deteriorated condition due to rust.

(iv) Power steering system must not show visible leaks, and the power system fan belt must not be loose or worn.

(v) Toe-in or toe-out of front wheels when checked by a toe-in bar must be within manufacturer's specifications; or when checked with front alignment indicator equipment, reading may not be in excess of 30 feet per mile in or out.

(17) Tires. All tires must have at least 2/32 of an inch of tread depth measured in a major tread groove of the tire nearest the center at two points of the circumference not closer than 15 inches, except that the front tires on buses, trucks with a maximum gross weight in excess of 10,000 pounds and truck-trackors must have at least 4/32 of an inch of tread. Tread depth reading must be taken by a depth gauge, calibrated in 32nds of an inch. Tire must not have:

(i) any fabric break;

(ii) any cut in excess of one inch which is deep enough to reach body cords;

(iii) blowout patches or boots;

(iv) any bump, bulge or knot related to separated or partial failure of tire structure;

(v) any portion of the ply or cord structure exposed;

(vi) any portion of the tread design completely worn which is of sufficient size to affect the traction or stopping ability of the tire.

(18) Safety belts. All 1963 and later model used vehicles when sold or leased by a dealer or leasing company must be equipped with at least two sets of seat belts for the front seat of the vehicle. All 1967 and later models must also have at least one set of seat belts for the rear seat for each passenger for which the vehicle was designed. All 1968 and later model vehicles must be equipped with one set of seat belts for each passenger for which the vehicle was designed. This paragraph shall not apply to those motor vehicles equipped with passive restraint systems (air bags) which conform to Federal motor vehicle safety standard 208 in all respects. Also, subdivision (d) of this section notwithstanding, this paragraph shall not apply to commercial vehicles.

(d) Commercial motor vehicles. In addition to the requirements set forth in subdivision (c) of this section, all commercial motor vehicles must also be inspected with respect to additional lights and reflectors, and must meet the requirements of sections 43.1 through 43.8 of this Chapter with respect to lighting and reflectors, before the certification set forth in subdivision (b) of this section may be issued.

(e) Motorcycles. All motorcycles must be inspected for the following items of equipment and must meet the standards set forth herein before the certification set forth in subdivision (b) of this section may be issued:

(1) Headlamps, tail lamps, stop lamp (rear), number plate light and reflector. All such lights and reflectors must meet the requirements set forth in paragraphs (c)(1)-(4) of this section, except that only one headlamp is required (unless motorcycle is equipped with a sidecar) and only one tail lamp and one stop lamp is required. All lighting devices, other than the headlamp, may consist of combination lamps and reflectors, if such devices are approved for each such use by the commissioner.

(2) Horn, rear-view mirror and muffler. All motorcycles must be equipped with a horn, a rear-view mirror and a muffler which must meet the requirements set forth in paragraphs (c)(10), (11) and (14) of this section, except that only one rear-view mirror is required and such mirror must be affixed to the handlebars and so mounted as to prevent swinging and excess vibration.

(3) Brakes.

(i) Motorcycles shall be road-tested to test the brakes. When road-tested at 20 miles per hour on a dry, hard, level surface, free from loose materials, the brakes must stop the motorcycle within 25 feet.

(ii) Rods must not be bent. Cotter keys or lock units must not be missing. Parts must not be misaligned. There must not be excessive friction in pedal arrangement, worn pin, broken or missing springs, misaligned anchor pins, or frozen, rusted or inoperative connections.

(iii) Foot levers must have at least one inch of free play before brakes are applied and at least one third of their travel as reserve after the brakes are fully applied, and hand levers must have at least one-half inch of free play before brakes are applied and at least one third of their travel as reserve after the brakes are fully applied.

(iv) If a motorcycle is equipped with a hydraulic brake system, the fluid in the master cylinder must be up to the full mark and there must not be any leaks in the master or wheel cylinders, or in any brakehose or line. Hydraulic lines or hoses must not be crimped, abraded, broken or restricted. Such lines or hoses must not be installed in a manner which would permit damage or abrasion by contact with the frame or other components. The master cylinder rod must be properly adjusted. The brake pedal must not have a tendency to move slowly toward applied position while foot pressure is maintained on it for one minute.

(4) Steering.

(i) Frame must not be bent or damaged so as to constitute a hazard in proper operation of machine.

(ii) Wheels must not be out of line to degree steering and control is affected and there must not be loose or bent spokes or bent wheels.

(iii) Steering-head bearing must not be loose, broken, defective, out of adjustment or modified beyond manufacturer's specifications.

(iv) Wheel bearings must not be loose, broken, defective or out of adjustment.

(v) Handlebars must not be loose, bent, broken, or damaged in such a manner as to affect proper steering.

(vi) Motorcycle must not be equipped with a bicycle handlebar.

(vii) Handlebar or grips must not exceed a height in excess of 15 inches above the saddle level (measured from the lowest point of the operator's seat or saddle).

(viii) Shock absorbers, front or rear, must not be broken or defective, and they must function properly.

(5) Tires. Tires must meet the requirements set forth in paragraph (17) of subdivision (c) of this section.

(f) Upon the sale of a new motor vehicle, the manufacturer's statement of origin must also be given to the purchaser with a proper endorsement to the purchaser. Such endorsement shall be notarized or, in lieu of notarization, the following may be typed or stamped in red upon the statement of origin: "False written statements herein punishable under N.Y. Penal Law."

(g) Prior use certificates. (Required by section 417-a of the Vehicle and Traffic Law.)

(1) Upon the sale of any secondhand passenger motor vehicle, the selling dealer shall execute and deliver to the purchaser a statement on the contract of sale if he knows or has reason to know that the principal prior use of the motor vehicle was as a taxicab, rental vehicle, police vehicle or driver education vehicle. The statement shall read as follows: "Prior Use Certification (required by Vehicle and Traffic Law, section 417-a if the principal prior use of the vehicle were as a police vehicle, taxicab, rental vehicle, or driver education vehicle). The principal prior use of this vehicle was as: a police vehicle ________, a taxicab ________, a rental vehicle ________ or a driver education vehicle ________." This statement shall be conspicuously printed, typed or stamped on the dealer's contract of sale, and the appropriate line checked, and given to the purchaser before the purchaser signs it. Failure to check a line shall mean that the dealer does not know or has no reason to believe that the principal prior use of the vehicle was as a police vehicle, taxicab, rental vehicle or driver education vehicle. If a dealer uses an oral contract for the purchase of a secondhand passenger motor vehicle, he shall deliver to the purchaser a written statement concerning the prior use of the motor vehicle before accepting payment of a deposit from the purchaser.

(2) Principal prior use means that more than 50 percent of the total miles the motor vehicle has travelled has been as a taxicab, police vehicle or driver education vehicle.

(3) [Reserved]

(4) This subdivision shall apply to wholesale and retail dealers, to sales of vehicles classified as used or junk and to all transfers except when a vehicle is sold to a certified scrap processor.

(h) Lemon Law requirements.

(1) If a dealer knows that a vehicle was repurchased by a manufacturer or dealer pursuant to section 198-a or 198-b of the General Business Law, a similar statute of another state, or an arbitration or alternative dispute procedure, then the dealer shall give a prospective purchaser, whether wholesale or retail, a statement on a piece of paper as follows:

"This vehicle has been repurchased pursuant to section 198-a (new car lemon law) ________ or Section 198-b (used car lemon law) ________ of the General Business Law, a similar statute of another state ________, or an arbitration or alternative dispute procedure ________. IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK LAW."

(2) The statement shall be given to the prospective purchaser to read and keep prior to his signing a contract or making a deposit for the vehicle.

(3) The first sentence of the statement shall be in any size type. The second sentence shall be in exactly 10 point, all capital type.

(4) This subdivision shall apply to all sales of the motor vehicle, regardless of the number of intervening sales, except that it shall not apply to the sale of the motor vehicle to a certified scrap processor.

(5) Any repurchase of a vehicle by a dealer after a purchaser has filed, had accepted and paid all fees required for arbitration shall be regarded as a repurchase pursuant to the Lemon Law for purposes of this section.

(i) Upon the showing and before the sale of a vehicle to a prospective purchaser, whether wholesale or retail, the dealer shall inform the purchaser in writing if the title for the vehicle states that the vehicle is "RECONSTRUCTED" or "NON-USA-STD" . The information may be on a paper handed the customer, written prominently on a vehicle window or body or supplied in any other written manner which gives the customer actual notice.

(j) Any dealer who sells a used 1993 or newer vehicle which does not have a tamper resistant odometer as described in Part 60 of these regulations, shall give the buyer a written statement in 10 point, all capital, type stating: "IMPORTANT: THIS VEHICLE IS NOT EQUIPPED WITH A TAMPER-RESISTANT ODOMETER." The dealer shall staple a copy of the written statement to the MV-50 for the vehicle. Upon the receipt of the written statement, the commissioner shall print the written statement on the certificate of title for the vehicle.

(k) Upon the showing and before the sale of a vehicle to a prospective purchaser, whether wholesale or retail, the dealer shall inform the purchaser if the vehicle was damaged prior to the first sale to the extent set forth in this subdivision, if the title for the vehicle states that the vehicle is "REBUILT SALVAGE", was damaged prior to sale to the extent set forth in this subdivision or the prior retail owner provided a salvage disclosure statement which states that the vehicle has been wrecked, destroyed or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the vehicle to its pre-accident condition, and for legal operation on the road or highways, exceeds 75 percent of the retail value of the vehicle at the time of loss, as set forth in a current edition of a nationally recognized compilation of retail values, including an automated data base. Upon the first sale of a salvage vehicle, the dealer must affirm in writing on the bill of sale that the purchaser was notified that the vehicle was previously damaged to extent indicated in this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 78.13