Sec. 102.8. Manufacturer's responsibility and certification

(a) Definitions:

(1) Producer.

An entity which actually fabricates or makes limited use vehicles.

(2) Manufacturer.

A producer of limited use vehicles, or a distributor, importer, subsidiary of the producer or similar entity designated by the producer and approved by the commissioner as the agent of the producer and approved by the commissioner as the agent of the producer for the purpose of complying with the requirements of this Part.

(3) Manufacturer's statement of origin.

A document issued by a manufacturer, the form and content of which is approved by the commissioner, which identifies a specific limited use vehicle, including the maximum performance and identifying year, and which is used by the manufacturer to initially transfer that limited use vehicle.

(4) Model.

The name under which a series of limited use vehicles is advertised and sold. A model may contain a number of sub-models, and a model may or may not be different than a trade name.

(5) Sub-model.

If a model is manufactured with different maximum performance speeds, limited use vehicles in each different maximum performance speed category shall be a sub-model. Each maximum performance speed creates a different sub-model which must be certified separately.

Example:

Klubnik Motors located in Lalala Republic creates Zippy limited use motorcycles which are imported into New York by Moiety Importing Corp. Moiety modifies Zippy limited use motorcycles so that some have a maximum performance speed of 29 m.p.h., some have a maximum performance speed of 24 m.p.h. and some have a maximum performance speed of 19 m.p.h.. Moiety creates the statements or origin. Moiety advertises all Zippy limited use motorcycles as Vizzies. Klubnik Motors designated Moiety Importing Corp. as its agent for complying with New York laws and regulations. Klubnik Motors is the producer. Moiety Importing Corp. is the manufacturer. Zippy is the trade name. Vizzie is the model. Zippy Vizzie with maximum performance speed of 29 m.p.h is one sub-model. Zippy Vizzie with maximum performance speed of 24 m.p.h is a second sub-model. Zippy Vizzie with maximum performance speed of 19 m.p.h is a third sub-model.

(6) Time of manufacture.

The time at which the maximum performance speed of a limited use vehicle is established by the manufacturer.

(7) Trade name.

The name used by the producer to identify its limited use vehicles, regardless of model.

(8) Identifying year.

The calendar year used by the manufacturer to designate the year classification of the limited use vehicle. Such year may be the time of manufacture or it may be the time at which the manufacturer's statement of origin is issued.

(b) Certification.

(1) No limited use vehicle will be registered (or titled, if required) unless a certification of the maximum performance speed of that model (or sub-model, if applicable) limited use vehicle has been filed with the commissioner by the manufacturer and approved by the commissioner. The type of registration issued to a limited use vehicle shall be established by the commissioner based upon a certification submitted and approved for the model (or sub-model, if applicable) limited use vehicle.

(2) A manufacturer's certification may be based upon tests conducted with a production line vehicle either by the manufacturer or an independent testing laboratory. The commissioner may require additional testing by a third party approved by the commissioner in any case in which the manufacturer's certification is based upon tests conducted by the manufacturer, or for the purpose of confirming the validity of a prior certification. All expenses of testing shall be borne by the manufacturer.

(3) Certification submitted by the manufacturer shall contain the following information: name and address of the producer (and manufacturer, if different than the producer); the trade name, model (and sub-model, if applicable), identifying years covered by the certification; the unladen weight of the vehicle, the brake horsepower and displacement of the engine or motor, a description and explanation of the vehicle identification numbers to be assigned by the manufacturer to units of the model (or sub-model, if applicable) tested, including the location of such number on the frame; and a description (name and model number) of all equipment on such vehicle which is required for such vehicle to be in compliance with the requirements of the Vehicle and Traffic Law and this Part. The certification must also contain a statement that the vehicle tested meets all requirements of the Vehicle and Traffic Law and this Part, and with respect to limited use motorcycles, a statement that the seat or saddle for the operator is at least 25 inches above the ground. If the seat or saddle is adjustable, that certification shall apply to the seat or saddle in its lowest position.

(4) The certification shall contain a full description of the test procedures used and shall state the maximum speed attained within one quarter mile from a standing start and the average speed of the vehicle for the next ensuing mile. The certification must contain a statement that the vehicle tested is representative of vehicles of that model (or sub-model, if applicable) as manufactured for sale in this State. In addition, a completed sample of the manufacturer's statement of origin to be used for the model (or sub-model, if applicable), must be submitted for approval with the certification. The certification shall be signed by the person who conducted the test who must vouch for its accuracy.

(5) The certification should be submitted to the Bureau of Technical Assessment, Division of Vehicle Safety, Department of Motor Vehicles, Empire State Plaza, Albany, New York 12228.

(c) Required testing for certification.

The rest required for certification may be performed either by means of a road test or by means of suitable testing equipment which will simulate road test conditions. The following procedures shall be used:

(1) The test shall be conducted on a hard, dry surface having a skid number (hardness) of 50 or less and a zero percent grade with a wind velocity of no more than five miles per hour.

(2) When testing the vehicle it shall be equipped as required for sale in this State, and the head lamps and tail lamps shall be lit throughout the test.

(3) The vehicle shall be tested under a load of 150 pounds, not including equipment, in or on the operator's position, and with the engine operating at maximum output.

(d) Vehicle identification number.

The vehicle identification number assigned to a limited use motor vehicle must be unique for each limited use vehicle and must be embossed or engraved upon the frame of each limited use motorcycle and affixed to a limited use automobile in accordance with Federal standards. The number of characters of the vehicle identification number must be in accordance with Federal standards.

(e) Establishment of maximum performance speed.

If the certification submitted by the manufacturer is acceptable to the commissioner, the maximum performance speed of the model (or sub-model, if applicable) so certified will be based upon the average speed of the model (or sub-model, if applicable) tested for the one mile distance after the one-quarter mile acceleration distance. However, the commissioner reserves the right to determine a different maximum performance speed, if warranted by the test report submitted.

(f) Alternate certification of certain limited use vehicles.

If an application for registration of a limited use vehicle for which no certification has been approved by the commissioner is made and there is no manufacturer who can provide such certification (examples, manufacturer out of business, homemade vehicle, model no longer manufactured and records not available), the Bureau of Technical Assessment may prescribe and accept alternate methods of approval and certification of maximum performance speed.

(g) Once a certification has been approved, that certification shall apply to all vehicles of the same model (or sub-model, if applicable) manufactured thereafter unless there are changes in the technical specifications or performance standards. Upon any such change, the manufacturer shall submit a new certification. However, the commissioner may, from time to time request a confirmation of the certification for models, (or sub-models, if applicable) manufactured after the identifying years specified in the approved certification. Upon such a request for confirmation, the manufacturer must submit a new certification or confirmation of the continuance of the prior certification.

(h) Verification of specific vehicles.

A manufacturer must be able to certify to the commissioner or to the owner of a limited use vehicle the maximum performance speed of any limited use vehicle upon submission of the vehicle identification number or other appropriate number. A manufacturer must honor a request for such information promptly upon receipt of such request.

(i) The provisions of this subdivision shall apply to low speed vehicles as defined in section 102.10(a) of this Part.