Sec. 78.26. Advertising and signs

(a) A dealer must include either the dealer's name or facility identification number on advertising of any kind concerning the sale, purchase or transfer of motor vehicles, motorcycles or trailers. When a dealer has an assumed name on file with the commissioner, pursuant to section 78.7 of this Part, the advertising may be in the assumed name.

(b) Dealers are required to display signs and/or window lettering which are of a permanent nature on the front of the premises occupied by their places of business. Such signs and/or window lettering must contain the actual name under which the business is conducted. The words and/or letters of the signs and/or window lettering must be of a size sufficiently large so that the public may quickly and easily discern said signs and/or window lettering and readily establish the identity of the dealer. The sign and/or lettering must be displayed in a conspicuous place on the front of the premises. When a dealer does business under two or more names, a sign or window lettering in each name is required.

(c) The maintenance or erection of signs which would tend to indicate that the premises occupied by a dealer's place of business are being used or occupied by a dealer franchised to sell new motor vehicles, when in fact the dealer is not so franchised, will be considered misleading advertising and the dealer must remove such signs when requested to do so by the commissioner.

(d) Official dealer sign.

(1) Every retail dealer shall display either an official dealer sign or a sign of a permanent nature, at least three feet by two feet in size, visible at all times from the nearest street or highway, which sign clearly and unequivocally indicates to the general public that the business is one which sells motor vehicles. If it is impracticable for a retail dealer to display such sign so that it is visible from the nearest street or highway, then the commissioner may grant approval for such sign to be posted in an alternate location, if the alternate location provides notice to the general public in a manner that meets or exceeds the notice provided if such sign were visible from the nearest street or highway.

(2) An official dealer sign must be three feet wide and two feet high. It must be made of a durable material which will withstand the outdoor elements. It may be either single or double faced. It must be displayed so as to be visible to the public.

(3) The background of the sign shall be bright red and the lettering on the sign shall be white.

(4) The word “REGISTERED” shall appear near the top in an arc which shall have a radius of two feet nine inches. Each letter shall be four inches high with a stroke of three-fourths of an inch.

(5) The facility number shall be placed in a straight line on the official dealer sign in the area directly below “REGISTERED”. Such numbers shall be two inch block numbers with a stroke of approximately one-half inch.

(6) Under the facility number shall appear “STATE OF NEW YORK” in letters two inches high with a stroke of one-half inch, in a straight line.

(7) Below “STATE OF NEW YORK” shall appear “MOTOR VEHICLE RETAIL DEALER” on two straight lines, in letters four inches high with a stroke of three-fourths of one inch.