N.Y. Comp. Codes R. & Regs. tit. 15 § 102.10

Current through Register Vol. 46, No. 43, October 23, 2024

Section 102.10 - Low speed vehicles

(a) A low speed vehicle is defined by Vehicle and Traffic Law, section 121-f as a limited use automobile which has a maximum performance speed of greater than 20 miles an hour, but not greater than 25 miles an hour, or a truck which has a maximum performance speed of greater than 20 miles an hour, but not greater than 25 miles an hour and whose gross vehicle weight rating (GVWR) is less than 3,000 pounds. All such vehicles shall comply with the safety standards established in Federal Regulation 49 CFR 571.500. No person shall operate a low speed vehicle on any public highway with a speed limit in excess of 35 miles per hour; a low speed vehicle may cross a public highway with a speed limit in excess of 35 miles per hour where such highway intersects with a highway with a speed limit of 35 miles per hour or less. In the interest of public safety, a local authority or the Department of Transportation may prohibit low speed vehicles from designated highways.

(b)Equipment.

(1) Low speed vehicles are required to be equipped in the same manner as a motor vehicle registered pursuant to Vehicle and Traffic Law, section 401(6) (passenger automobile), provided, however, that low speed vehicles are not required to have the following equipment:

-bumpers (required by Vehicle and Traffic Law, § 375[48]);

-padded equipment (required by Part 55 of this Title);

-parking lamps; and

-odometers are required, but need not be tamper resistant (as required by Part 60 of this Title).

(2) Mufflers and exhaust systems are required equipment on low speed vehicles, unless a low speed vehicle is powered solely by electric power.

(3)

(i) Headlamps shall be approved for highway use in New York State pursuant to one of the following standards and appropriately marked to show compliance:

(a) standards established in Federal Regulation 49 CFR 571.108 Table III Required Motor Vehicle Lighting Equipment and Table IV Location of Required Equipment;

(b) standards established in Federal Regulation 49 CFR 571.108 Figure 32 -Motorcycle and Motor-Driven Cycle Headlamp Photometric Requirements. Two lamps are required, one on each side of the vehicle centerline, as far apart as practicable, and at a height of not less than 22, nor more than 54 inches from the ground. The headlamp system need only comply with a low beam function; or

(c) standards established in section 6.8.1 "Head Lamps" of SAE standard J2358 for low speed vehicles.

(ii) Any headlamp that is not properly marked shall be certified as meeting one of the performance standards set forth in subparagraph (i) of this paragraph. Certification may be accomplished by contacting Automotive Manufacturers Equipment Compliance Agency, Inc., (A.M.E.C.A.), 1101-15th Street, NW, Suite 607, Washington, DC 20005-5020, telephone: (202) 898-0145, facsimile: (202) 898-0148, www.ameca.org, P.O. Box 76960, National Capitol Station, Washington, DC 20013-6960.

(4) Any other lighting equipment that is not properly marked shall be certified by the Automotive Manufacturers Equipment Compliance Agency, Inc. (A.M.E.C.A.) as meeting the performance standards established in Federal Regulation 49 CFR 571.108 Table III Required Motor Vehicle Lighting Equipment and Table IV Location of Required Equipment.

(5) Reflex reflectors may be used in lieu of required side marker lamps. Reflex reflectors shall be manufactured in compliance with the safety standards established in Federal Regulation 49 CFR 571.108 Table III Required Motor Vehicle Lighting Equipment. Side lighting or reflex reflectors shall be located in compliance with the standards established in Federal Regulation 49 CFR 571.108 Table IV Location of Required Equipment.

(c)Disclosure to low speed vehicle buyer.

(1) A vehicle dealer selling a low speed vehicle shall provide a written disclosure to be signed by the buyer at the time of purchase. The disclosure shall include a statement that the low speed vehicle:

(i) has a maximum speed of greater than 20 miles per hour, but not greater than 25 miles per hour;

(ii) shall not be operated on a public highway with a speed limit in excess of 35 miles per hour;

(iii) may be a hazard on the roadways if it impedes traffic;

(iv) may subject the driver to citations for impeding traffic; and

(v) may not be equipped with such safety features as bumpers, a padded dashboard, visors and a tamper-resistant odometer.

(2) The vehicle dealer shall give a copy of the signed disclosure to the buyer and keep the original with the business records of vehicle transactions.

(3) To fulfill this requirement, the form VS-1091 (Low Speed Vehicle Disclosure) may be printed and distributed by the dealership using the following format:

LOW SPEED VEHICLE DISCLOSURE

THE VEHICLE INVOLVED IN THIS TRANSACTION IS CLASSIFIED AS A LOW SPEED VEHICLE. THIS VEHICLE:

* has a maximum speed of greater than 20 miles per hour, but not greater than 25 miles per hour;

* shall not be operated on a public highway with a speed limit in excess of 35 miles per hour;

* may be a hazard on the roadways if it impedes traffic;

* may subject the driver to citations for impeding traffic; and

* may not be equipped with such safety features as bumpers, a padded dashboard, visors and a tamper-resistant odometer.

I have read the above disclosure and acknowledge receipt of a copy of this disclosure.

Buyer's name: _______

Buyer's signature: _______

Date: _______

VIN: _______

VS-1091 (03/02)

(d) On and after May 1, 2002, prior to the sale of a low speed vehicle, the dealer shall affix a permanent decal provided either by the manufacturer or the department (form VS-1090) to the underside of the roof near the windshield on the driver side. Such decal shall:

(1) be approximately 3 inches high by 5 inches wide; and

(2) contain the disclosure statement information specified in paragraph (c)(1) of this section.

(e) The provisions of article 5 of the Vehicle and Traffic Law relating to the periodic inspection of motor vehicles and regulations promulgated thereunder shall not apply to a low speed vehicle.

(f) A manufacturer's statement of origin, as required by section 102.8 of this Part, must provide that the vehicle is a low speed vehicle, using the abbreviation " LSV," and the maximum performance speed entry.

(g) The verification required by section 102.8(h) of this Part shall also certify that the low speed vehicle complies with the standards established in Federal Regulation 49 CFR 571.500.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 102.10