Int. No. 1296
By Council Member Cabrera
A Local Law to amend the administrative code of the city of New York, in relation to regulating city use and disposition of recalled vehicles
Be it enacted by the Council as follows:
Section 1. Chapter 2 of title 12 of the administrative code of the city of New York is amended by adding a new section 12-208 to read as follows:
§ 12-208 Disposition of recalled vehicles. a. Definitions. For the purposes of this section only:
Commissioner. The term “commissioner” means the commissioner of citywide administrative services.
Department. The term “department” means the department of citywide administrative services.
Fleet. The term “fleet” means the fleet of vehicles owned, leased or managed by the department of citywide administrative services.
Recall. The term “recall” means the process by which the national highway transportation safety administration, pursuant to its authority under chapter 301 of title 49 of the United States code, removes vehicles from the field due to safety defects or noncompliance with federal safety standards.
b. Within 30 days of announcement of a recall by the national highway transportation safety administration, the commissioner shall remove all affected vehicles in the fleet from active service and transfer such vehicles for repair or replacement to the necessary party or parties.
c. Before listing a fleet vehicle for sale or auction, the commissioner shall disclose on the department website whether such vehicle was subject to a recall and, if so, whether such vehicle was satisfactorily repaired or replaced. The commissioner shall require any vendors assisting in the sale or auction of a fleet vehicle to similarly disclose as part of the listing whether such vehicle was subject to a recall and, if so, whether such vehicle was satisfactorily repaired or replaced.
§ 2. Section 7-508 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows:
e. Whenever the sheriff is required by law to sell a vehicle, the sheriff shall determine whether such vehicle was subject to a recall by the national highway transportation safety administration, pursuant to its authority under chapter 301 of title 49 of the United States code. If such vehicle is found to have been subject to a recall, the sheriff shall publicly disclose such fact, as well as whether repairs to such vehicle required by such recall were completed if known to the sheriff or the party directing the sale, on the office’s website and by prominently affixing a notice to such vehicle.
§ 3. This local law takes effect 120 days after it becomes law.
MJT
LS #7573
11:47am 10/25/18