6/22/16 N.Y. St. Reg. MTV-15-16-00009-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 78.3 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 415
Subject:
Enforcement of off premise sales regulation.
Purpose:
To provide for enforcement of off premise sales regulation.
Text of final rule:
Subdivision (d) of section 78.3 is amended to read as follows:
(d) Place of business in New York. An applicant for a dealer registration must have and continuously maintain a place of business in this state. Only a New York registered retail dealer may engage in the buying and selling of vehicles at retail as a business in New York. An application for registration shall be denied, or, if one has been approved, such registration shall be subject to suspension, revocation and/or a civil penalty as provided for in section 78.32 of this Part, where the Commissioner has reasonable grounds to believe that such application has been or will be used for the purpose of circumventing the restrictions set forth in section 78.8 of this Part regarding sales away from premises.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 78.3(d).
Text of 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, (518) 474-0871, email:
heidi.bazicki@dmv.ny.govRevised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Revised statements regarding the Regulatory Impact Statement, Rural Area Flexibility Analysis, Job Impact Statement and Regulatory Flexibility Analysis for Small Businesses and Local Governments are not submitted with this proposed rule because no substantial changes were made to the proposed regulation that affect such statements.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
The agency received no public comment.
