§ 391-C — Sale of bicycles

§ 391-c. Sale of bicycles. 1. No bicycle manufactured or assembled on\nor after January first, nineteen hundred seventy-four, and designated as\na new model shall be sold in this state unless such bicycle is\nmanufactured and assembled in compliance with rules and regulations\npromulgated by the commissioner pursuant to subdivision d of section\ntwelve hundred thirty-six of the vehicle and traffic law.\n 1-a. (a) No bicycle manufactured or assembled on or after January\nfirst, nineteen hundred eighty-nine shall be sold or offered for sale in\nthis state unless it has an identifying serial number that distinguishes\nthat bicycle from all other bicycles of that same make and model\npermanently and visibly engraved or stamped in readily legible boldfaced\nfigures at least one-eighth inches in height on the top surface of the\ntop crossbar or of the uppermost cross support of the bicycle frame or\non the head tube or on the toeplate not obstructed by the derailleur or\ngear wheels or on the crank hanger; or, on a label, shield or plate\npermanently affixed in any of the foregoing locations in such a manner\nthat the serial number will be readily visible and that such label,\nplate or shield cannot be removed without being defaced or destroyed.\n (b) Any person, corporation, association or partnership who assembles,\ndistributes or manufactures such a bicycle on or after January first,\nnineteen hundred eighty-nine or who is regularly engaged in the business\nof selling bicycles or bicycle accessories at retail and who offers such\nbicycle for sale in the normal course of business in this state in\nviolation of this subdivision shall be subject to a civil penalty not to\nexceed two hundred fifty dollars. In addition to any other penalty as\nprovided by law, any person who intentionally alters, conceals, defaces,\ndestroys, or removes such serial number with the intent to deprive the\nrightful owner of lawful possession shall be guilty of a violation,\npunishable by a fine not to exceed two hundred fifty dollars.\n (c) No person regularly engaged in the business of manufacture,\ndistribution, or retail sale of bicycles shall be deemed to have\nviolated the provisions of this subdivision, if such person shows by a\npreponderance of evidence that the violation was not intentional and\nresulted from bona fide error made notwithstanding the maintenance of\nprocedures reasonably adopted to avoid any such error.\n 2. No bicycle manufactured and assembled prior to January first,\nnineteen hundred seventy-four, shall be sold in this state on or after\nJanuary first, nineteen hundred seventy-five, by a person regularly\nengaged in the business of selling bicycles at retail unless such\nbicycle is in compliance with the rules and regulations promulgated by\nthe commissioner pursuant to the provisions of subdivision d of section\ntwelve hundred thirty-six of the vehicle and traffic law.\n 3. The provisions of subdivisions one and two of this section shall\nnot apply to the sale of a bicycle by a person not regularly engaged in\nthe business of selling bicycles at retail.\n 4. No person regularly engaged in the business of selling bicycles or\nbicycle accessories at retail shall sell any reflective device for use\non a bicycle if such device does not comply with rules and regulations\npromulgated by the commissioner of motor vehicles pursuant to section\ntwelve hundred thirty-six of the vehicle and traffic law. A reflective\ndevice shall include a tire, if reflectorization of tires is required by\nsuch rules and regulations.\n 5. A knowing violation of this section shall be punishable by a fine\nnot to exceed two hundred and fifty dollars.\n