N.Y. Comp. Codes R. & Regs. tit. 9 § 13.1
Current through Register Vol. 46, No. 53, December 31, 2024
Section 13.1 - Regulation One: Sale of gasolineIn accordance with the provisions of section 11 of the Executive Law, I, Malcolm Wilson, Governor of the State of New York, after consultation with appropriate State and local officials, do hereby promulgate the following regulation:
REGULATION ONE
Sale of Gasoline
Section 1. Application. Except as otherwise provided herein, this regulation shall apply to any sale and purchase at retail of gasoline in this State for use in any vehicle. A sale or purchase at retail shall mean a sale or purchase not for resale. Nothing in this regulation shall be construed in any way to conflict with applicable Federal law or regulations. § 2. Days of purchase. Except as otherwise provided in this regulation, gasoline may be purchased or sold only in accordance with the following plan: (a) On even-numbered days of the month, gasoline may be sold to and purchased by the operator or occupant of a vehicle having a number (license) plate the last numeral of which is even. For purposes hereof, the numeral zero (0) shall be deemed even.(b) On odd-numbered days of the month, gasoline may be sold to and purchased by the operator or occupant of a vehicle having a number (license) plate the last numeral of which is odd.(c) For purposes of this section, a vehicle having a number (license) plate with no numerals shall be deemed to have a number (license) plate the last numeral of which is odd.(d) Notwithstanding the provisions of subdivisions (a) and (b) of this section, on the 31st day of any month having 31 days, gasoline may be sold to and purchased by the operator or occupant of any vehicle without regard to the last numeral of such vehicle's number (license) plate.§ 3. Minimum purchase. Prior to selling any gasoline to the operator or occupant of any vehicle, the seller shall ascertain that the operator or occupant believes the fuel tank of the vehicle to be less than half full. Notwithstanding section two hereof, no gasoline may be purchased by the operator or occupant of any vehicle the fuel tank of which he reasonably believes to be half or more than half full and no gasoline may be sold to the operator or occupant of any motor vehicle unless the seller reasonably believes the fuel tank to be less than half full.§ 4. Required signs. Every retail seller of gasoline shall post prominently a sign setting forth (i) the times at which gasoline may be purchased, (ii) whether or not gasoline is available, (iii) the maximum amount, if any, of gasoline which may be purchased and (iv) whether the day of the month is even or odd.§ 5. Exceptions. (a) For the purposes of this regulation, the term vehicle shall not include: (1) police, fire, ambulance or other emergency vehicles;(3) tractors, tractor trailer combinations or truck trailer combinations;(8) self-propelled caterpillar or other crawler-type equipment used on a construction site.(b) Notwithstanding anything to the contrary in this regulation, gasoline may, at any time, be sold to or purchased by the operator or occupant of any vehicle when such operator or occupant is responding to a bona fide emergency. Any person procuring gasoline by falsely claiming that he is responding to a bona fide emergency shall be deemed to be violating this regulation, but the sale by a retail seller of gasoline to such person shall not be a violation provided the retail seller reasonably believes that the purchaser is responding to a bona fide emergency. Every person claiming that he is responding to a bona fide emergency shall set forth such claim in writing in such form as the director of the emergency fuel office may prescribe from time to time, and such writing shall be retained by the seller for the duration of this regulation.(c) Notwithstanding anything to the contrary in this regulation, not more than two gallons of gasoline may at any time be sold or purchased for delivery into a container, other than the fuel tank of a vehicle, to be transported away from the premises of the retail seller. Nothing in this paragraph shall be construed to authorize the use for the transportation of gasoline of any container not satisfying applicable safety requirements imposed on such containers.(d) The restrictions imposed by section two of this regulation shall not apply to the sale or purchase of gasoline at a service area under the jurisdiction of the New York State Thruway if the buyer shall demonstrate by presentation of his toll ticket that he entered the Thruway at a point at least 47 miles distant from such service area.(e) Nothing in this regulation shall prohibit the sale at any time of not more than two gallons of gasoline from an emergency service vehicle to the operator or occupant of any vehicle stranded by reason of lack of gasoline on any public highway.(f)(1) The director of the emergency fuel office may exclude from the application of section two of this regulation any person or class of persons, but only after a showing by such person or class that the exclusion is necessary to avoid: (i) a severe, immediate and continuing danger to the health, safety or welfare of one or more persons; or(ii) rendering impossible the actual performance of any trade, occupation or profession by such person or class.(2) Prior to granting any exclusion hereunder, the director shall require such documentary evidence and supporting material as he deems necessary, including but not limited to: (i) pertinent statistical information relating to the consumption of gasoline;(ii) business, medical, governmental or social services records;(iii) business, medical, governmental or social services certification setting forth specific facts showing that the exclusion is warranted under the criteria set forth in paragraph (1) of this subdivision.(3) The director shall determine the manner in which an exclusion granted hereunder shall be demonstrated to a retail seller of gasoline. Notwithstanding anything to the contrary in this regulation, a person who sells gasoline in reliance upon such a demonstration shall not be deemed to have violated this regulation.§ 6. Preemption. Any local law, ordinance or regulation governing the retail sale of gasoline shall be consistent with this regulation and shall be invalid to the extent inconsistent.§ 7. Sanctions. A violation of this regulation shall be subject to the sanctions provided in subdivision six and seven of section eleven of the Executive Law.§ 8. Severability. If any provision of this regulation shall be held by any court to be invalid in whole or in part or inapplicable to any person or situation, all other provisions thereof shall nevertheless remain fully effective and the application of any such provision to other persons not similarly situated or other situations shall not be affected thereby.§ 8-a. Clarifications and interpretations. The director of the emergency fuel office may issue clarifications and interpretations of this regulation.§ 9. Effective date. Whereas there exists a fuel and energy shortage state of emergency requiring prompt action to preserve the public health, safety and general welfare, this regulation is hereby adopted as an emergency measure pursuant to subdivision three of section one hundred one-a of the Executive Law. This regulation shall take effect at 12:01 a.m. on the twenty-sixth day of February, nineteen hundred seventy-four, and shall remain in full force and effect until and including the twenty-fifth day of February, nineteen hundred seventy-five, unless sooner rescinded or revoked.§ 10. Suspension of certain sections. Effective May first, nineteen hundred seventy-four the operation of section two, subparagraphs (i), (ii) and (iv) of section four, and subdivisions (b), (c), (d), (e) and (f) of section five of this regulation is suspended. Signed: Malcolm A. Wilson
Dated: February 23, 1974
N.Y. Comp. Codes R. & Regs. Tit. 9 § 13.1