N.Y. General Business Law § 391-c: Sale of bicycles

§ 391-c. Sale of bicycles. 1. No bicycle manufactured or assembled on

or after January first, nineteen hundred seventy-four, and designated as

a new model shall be sold in this state unless such bicycle is

manufactured and assembled in compliance with rules and regulations

promulgated by the commissioner pursuant to subdivision d of section

twelve hundred thirty-six of the vehicle and traffic law.

1-a. (a) No bicycle manufactured or assembled on or after January

first, nineteen hundred eighty-nine shall be sold or offered for sale in

this state unless it has an identifying serial number that distinguishes

that bicycle from all other bicycles of that same make and model

permanently and visibly engraved or stamped in readily legible boldfaced

figures at least one-eighth inches in height on the top surface of the

top crossbar or of the uppermost cross support of the bicycle frame or

on the head tube or on the toeplate not obstructed by the derailleur or

gear wheels or on the crank hanger; or, on a label, shield or plate

permanently affixed in any of the foregoing locations in such a manner

that the serial number will be readily visible and that such label,

plate or shield cannot be removed without being defaced or destroyed.

(b) Any person, corporation, association or partnership who assembles,

distributes or manufactures such a bicycle on or after January first,

nineteen hundred eighty-nine or who is regularly engaged in the business

of selling bicycles or bicycle accessories at retail and who offers such

bicycle for sale in the normal course of business in this state in

violation of this subdivision shall be subject to a civil penalty not to

exceed two hundred fifty dollars. In addition to any other penalty as

provided by law, any person who intentionally alters, conceals, defaces,

destroys, or removes such serial number with the intent to deprive the

rightful owner of lawful possession shall be guilty of a violation,

punishable by a fine not to exceed two hundred fifty dollars.

(c) No person regularly engaged in the business of manufacture,

distribution, or retail sale of bicycles shall be deemed to have

violated the provisions of this subdivision, if such person shows by a

preponderance of evidence that the violation was not intentional and

resulted from bona fide error made notwithstanding the maintenance of

procedures reasonably adopted to avoid any such error.

2. No bicycle manufactured and assembled prior to January first,

nineteen hundred seventy-four, shall be sold in this state on or after

January first, nineteen hundred seventy-five, by a person regularly

engaged in the business of selling bicycles at retail unless such

bicycle is in compliance with the rules and regulations promulgated by

the commissioner pursuant to the provisions of subdivision d of section

twelve hundred thirty-six of the vehicle and traffic law.

3. The provisions of subdivisions one and two of this section shall

not apply to the sale of a bicycle by a person not regularly engaged in

the business of selling bicycles at retail.

4. No person regularly engaged in the business of selling bicycles or

bicycle accessories at retail shall sell any reflective device for use

on a bicycle if such device does not comply with rules and regulations

promulgated by the commissioner of motor vehicles pursuant to section

twelve hundred thirty-six of the vehicle and traffic law. A reflective

device shall include a tire, if reflectorization of tires is required by

such rules and regulations.

5. A knowing violation of this section shall be punishable by a fine

not to exceed two hundred and fifty dollars.