MTV-09-15-00002-P Signs Displayed by Dealers

3/4/15 N.Y. St. Reg. MTV-09-15-00002-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 9

March 04, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-09-15-00002-P

Signs Displayed by Dealers

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 78.26 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a) and 415(9)(d)

Subject:

Signs displayed by dealers.

Purpose:

Gives dealers more flexibility in the display of required signage.

Text of proposed rule:

Paragraph (1) of subdivision (d) of section 78.26 is amended to read as follows:

(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.

Text of proposed rule and any required statements and analyses may be obtained from:

Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Ida L. Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Currently, Part 78.26 requires a motor vehicle dealer’s sign to be “of a permanent nature, at least three feet by two feet in size, visible at all times from the nearest street or highway.” This requirement is not functional for a dealer applicant who wishes to locate in an interior location – a shopping mall, office building, or office tower. These locations may not allow for or may have limited ability for exterior signage. For example, a recent applicant attempted to open a dealership in a New York City office tower found that signage could not be permanent (signage space rotates users according leasing codes) and that fees were excessive.

The proposed amendment will give dealerships necessary flexibility in posting mandatory signage. However, the public will still be on notice that the business is a registered motor vehicle dealership.

The Department anticipates no opposition to this rulemaking, which provides flexibility to businesses attempting to open dealerships in non-traditional settings.

Job Impact Statement

A Job Impact Statement is not submitted with this rule because it will not have an adverse impact on job creation or development.