NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6951A
SPONSOR: Alvarez TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
review of all motor vehicle repair shop applicants which includes commu-
nity input
PURPOSE:
To require review of all motor vehicle repair shop applicants which
includes community input in the city of New York.
To create a system in which motor vehicle and repair shops are overseen
by a commissioner to ensure legal practices by the shops
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 398-c to add a new subdivision
2-a as it relates to Additional Requirements for Transfers and Renewals,
requiring the commissioner to consider the history of violations of this
article, history of parking violations, or parking-related building code
violations; and any complaints from the relevant community boards, the
effect on vehicular traffic and parking, and all other relevant factors
specified by law, ordinances, or regulation in relation to the public
interest. Requires notice to such community board or boards and opin-
ions from the community board would be provided within 35 days of
notice.
Section 2 amends section 398-e of the vehicle and traffic law as it
relates to certificate of registrations and the commissioner's authority
for suspension, revocation, refusal to issue, and civil penalties for
motor vehicle repair shops by adding a new paragraph (m) to consider the
history of conduct that includes multiple parking violations of failure
to cure two or more parking-related violations or failure to cure two or
more parking-related code violations in NYC determining the transfer or
renewal of certificates of registration.
Section 3 adds a new section 398-J to the vehicle and traffic law to
establish the applicant's responsibility to notify municipalities, for a
repair shop located in NYC, of its intent to file an application to
transfer or renew a certificate of registration no less than 45 days
beforehand, and request that the relevant community board provide a
written opinion in favor or against approval within 35 days of receiving
notice.
Section 4 sets the effective date to 120 days after it shall have become
law.
JUSTIFICATION:
Some auto shop businesses participate in illegal activity such as using
residential parking for cars under repair and parking cars under repair
on the sidewalk, blocking traffic and preventing residents from getting
to and from their homes as they are forced to travel in the street. This
particularly hinders disabled people from using pedestrian pathways.
Neighboring businesses are impeded from receiving goods via truck deliv-
eries. This practice by auto shops also limits residential parking in
dense neighborhoods. It is unfair for auto shop businesses to restrict
both public sidewalks, traffic flow, and parking from the community for
their commercial purposes. The impacts and input from community members
is valuable as these businesses seek approval on their transfers or
renewals, and this bill would allow for such input to be considered.
The New York City Police Department and the Department of Sanitation of
NYC assist in towing vehicles that are illegally parked, but their
resources are limited. Neither agency has the capacity to tow illegally
parked cars in front of auto shops every day. Current enforcement
efforts lead to fines and tow fees, which are infrequent enough that
they do not deter the illegal practices of auto shops.
This bill would provide the community that auto shops are located in the
ability to respond in favor against or an auto shop's application for
renewals or transfer through their local community board. This would
allow residents to provide feedback on the community impact of local
auto shops during the license renewal or transfer process and community
input prior to relicensing is not a new idea, it is similar in nature to
the State Liquor Authority soliciting community input prior to granting
liquor licenses. Auto shops affect their neighborhoods in various ways,
so approval of their application for renewal or transfer of a certif-
icate of registration should be subject to a review by the community
boards they serve.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
6951--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 9, 2023
___________
Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
tee on Transportation -- recommitted to the Committee on Transporta-
tion in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to requiring
review of all motor vehicle repair shop applicants which includes
community input
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 398-c of the vehicle and traffic law is amended by
2 adding a new subdivision 2-a to read as follows:
3 2-a. Additional requirements for transfers and renewals. The commis-
4 sioner shall consider the following factors in determining whether to
5 approve an applicant's transfer or renewal of a certificate of registra-
6 tion for the operation of a motor vehicle repair shop in the city of New
7 York, in addition to such other factors they deem material to such
8 renewal:
9 (i) any history of violations of this article, history of parking
10 violations, or parking-related building code violations;
11 (ii) complaints from the community board or boards established pursu-
12 ant to section twenty-eight hundred of the New York city charter with
13 jurisdiction over the area in which the premises is located;
14 (iii) proof of notification to such community board or boards as
15 required under section three hundred ninety-eight-j of this article;
16 (iv) opinions for or against the approval of such transfer or renewal
17 provided by the relevant community board within thirty-five days of
18 receiving notice pursuant to section three hundred ninety-eight-j of
19 this article;
20 (v) the effect of the applicant on vehicular traffic and parking in
21 proximity to the location of the repair shop; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04545-05-4
A. 6951--A 2
1 (vi) any other factors specified by law or regulation that are rele-
2 vant to determine the public convenience and advantage, and public
3 interest of the community.
4 § 2. Paragraphs (k), (l) and the closing paragraph of subdivision 1 of
5 section 398-e of the vehicle and traffic law, paragraph (k) as amended
6 and paragraph (l) as added by chapter 527 of the laws of 2021, the clos-
7 ing paragraph as amended by chapter 634 of the laws of 1980, are amended
8 and a new paragraph (m) is added to read as follows:
9 (k) has engaged in a course of conduct which unreasonably impedes or
10 delays a consumer's right to a fair recovery pursuant to the provisions
11 of an automobile insurance policy, the insurance law or regulations
12 issued by the superintendent of financial services governing the evalu-
13 ation and adjustments of claims; [or]
14 (l) has wilfully violated paragraph (b) of subdivision thirty-one,
15 subdivision thirty-one-a or subdivision thirty-one-b of section three
16 hundred seventy-five of this [chapter.] title; or
17 (m) has engaged in a course of conduct that includes multiple parking
18 violations or failed to cure two or more parking-related code violations
19 in the city of New York.
20 For the purposes of paragraphs (g), (h), (i), (j) [and] , (k) and (m)
21 of this subdivision, it shall be presumed that the actions of any
22 employee of a motor vehicle repair shop shall be attributable to, and
23 deemed to be the actions of, such motor vehicle repair shop.
24 § 3. The vehicle and traffic law is amended by adding a new section
25 398-j to read as follows:
26 § 398-j. Notification to municipalities. 1. Not less than forty-five
27 days before filing for an application to transfer or renew a certificate
28 of registration for a repair shop that is located in the city of New
29 York, an applicant shall notify such city of their intent to file such
30 an application with certified mail or electronic mail.
31 2. Such notification shall be made to the community board established
32 pursuant to section twenty-eight hundred of the New York city charter
33 with jurisdiction over the area in which the premises is located.
34 3. The commissioner shall require such notification to be on a stand-
35 ardized form that can be obtained from its website or from the depart-
36 ment and such notification shall include:
37 (a) the trade name or "doing business as" name, if any, of the motor
38 vehicle repair shop;
39 (b) the full name of the applicant;
40 (c) the street address of the motor vehicle repair shop, including the
41 floor location or room number, if applicable;
42 (d) the mailing address of the motor vehicle repair shop, if different
43 than the street address;
44 (e) the name, address and telephone number of the attorney or repre-
45 sentative of the applicant, if any;
46 (f) a statement indicating whether the application is for:
47 (i) a transfer of an existing licensed business; or
48 (ii) a renewal of an existing certificate of registration;
49 (g) if the motor vehicle repair shop is a transfer or previously
50 registered motor vehicle repair shop, the name of the old motor vehicle
51 repair shop and a copy of such motor vehicle repair shop's certificate
52 of registration number;
53 (h) in the case of a renewal, a copy of the certificate of registra-
54 tion of the applicant; and
55 (i) a request that such community board provide a written opinion for
56 or against approval of such transfer or renewal, and advise the communi-
A. 6951--A 3
1 ty board that such opinion is required within thirty-five days of
2 receiving notice from such repair shop.
3 § 4. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law. Effective immediately, the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the implemen-
6 tation of this act on its effective date are authorized to be made and
7 completed on or before such effective date.
