About NYSADA

Founded in 1923 as the Empire State Automobile Merchants Association and renamed in 1943, the New York State Automobile Dealers Association actively represents nearly 1200 franchised new car and truck dealers in New York State. The association is dedicated to providing the highest quality service in the areas of education, insurance and legislative and regulatory matters for New York dealers. NYSADA, the statewide advocate for franchised dealers, is committed to promoting and maintaining a competitive automotive industry for our members across the Empire State.

DMV Comissioner Proposes $75 Doc Fee

At a meeting held recently in Albany with DMV Commissioner David Swarts and his staff, NYSADA together with the state’s regional dealer associations were advised that the DMV has submitted a regulation to the Governor’s Office of Regulatory Reform (GORR) to increase the Doc Fee to $75. The Commissioner explained that this increased Doc Fee may go into effect as early as June 1, 2009, if it clears the necessary regulatory hurdles. Currently, the Doc Fee is $45 and was last increased in 2004.

The increase follows months of hard work and protracted negotiations by NYSADA and the regional associations with the DMV. The DMV explained that while there is going to be approximately 100 million dollars in new consumer fees in the Governor’s proposed budget, none of these fee increases are directed at dealers. This addressed a concern that a portion of the Doc Fee increase would somehow be absorbed by increased fees for dealers, for example increasing MV-50 costs.

Although the associations had submitted a study to justify a Doc Fee greater than $75, the Commissioner explained the political realities involved with of raising this fee especially in the current economic times.

Also, discussed was the creation of electronic MV-50’s, the implementation of a temporary dealer license, and centralizing DMV paperwork in one office of a multi-dealer group. more news...
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NYSADA's 86th Annual Convention
At Disney's Grand Floridian Resort & Spa

This years’ Convention will comprise the most important topics to the success of your dealership and provides you the one and only opportunity to meet with your fellow dealers from across New York State.

NYSADA will present four high profile industry speakers to address our group discussing topical industry issues. In fact, although early in our planning process, we have already confirmed Jim Press, Vice Chairman and President of Chrysler and John McEleney, Chairman of NADA for two of our morning sessions. With the economic environment changing at warp speed, we will select additional speakers that reflect November’s business climate as we move closer to our convention date. Read More...

Download the convention packet Register for the Convention

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Adverse Action Information

The Equal Credit Opportunity Act (ECOA) applies to all creditors, and a dealership is typically defined as a creditor if it regularly participates in the decision of whether or not to extend credit, which may include: Signing a retail installment sales agreement before sending it to a finance source, deciding whether or not to to send a customer’s credit application to a lender, being involved in restructuring the terms of sale, and setting the APR regarding sales. more...

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Current Legislative Endeavors

The Administrative Hearing Bill will take effect on February 26, 2008 and provide the following protections:

Dealer may request mediation of franchise law dispute with manufacturer
- Dealer must submit to mediation if required by franchise agreement
If mediation not utilized or unsuccessful, dealer may file written request with DMV Commissioner for a hearing, with statement of facts and copies of all correspondence between franchisor and dealer
- Dealer serves franchisor with copies
- $2,000 non-refundable filing fee
Commissioner assigns hearing officer and sets place, date and time for hearing
Franchisor may submit answer
- Dealer may submit reply
Hearing officer conducts hearing and issues written decision
- If violation found, hearing officer also orders a remedy
  - Damages cannot be awarded
- If no undisputed material facts, either party may request that hearing officer resolve the matter without a hearing
Hearing officer’s decision is deemed the decision of the Commissioner
Either party may appeal hearing officer’s decision to the Department of Motor Vehicles Administrative Appeals Board
Any further appeal is in the State courts, under CPLR Article 78
Commissioner can impose civil penalties of up to $1,000 per day for non-Compliance with final decision
Law takes effect February 11, 2008.
Administrative hearing process is optional; dealers may choose to proceed directly to court and may seek damages

Besides the Administrative Hearing Bill, NYSADA worked for and against a number of other bills of interest to franchised dealers in 2007. These included:

Insurance for rental vehicles: A.192 Gantt/S.5301 Seward. NYSADA strongly opposed this bill. This bill, which would not otherwise been of concern to NYSADA, includes a provision that would restore vicarious liability to vehicles rented for less than one year if the rental company does not provide notice to the State Insurance Department that the vehicle was insured for the amounts set forth in the legislation.

Sale of salvaged air bags: A.7555 Destito/S.4719 LaValle. NYSADA has opposed this legislation, which is intended to create a mechanism for the sale and reuse of recycled air bags. NYSADA has been concerned that easing the rules for the sale of recycled air bags will lead to increase theft of the bags, and pressure on dealer operated body shops to install recycled bags rather than new ones.

Repair shop restrictions: A.48 Lafayette. NYSADA has opposed this legislation that would establish a repair shop complaint process within the Department of Motor Vehicles. Complaints would have to be made within 90 days or within 3,000 miles of the repair, or within 30 days of the discovery of an allegedly faulty repair, if, in the Commissioner’s judgment, the defect could not reasonably have been discovered within 90 days or 3,000 miles. Complaints ultimately could be made up to six years from the date of the repair.

Cancellation of sales contracts: A.343 Pheffer/S.5072 Fuschillo. NYSADA opposes this legislation that would allow a consumer purchaser to cancel the contract of sale within three days of signing. Delivery could be delayed until after the three days have elapsed. A purchaser could sign a written statement to waive this right in order to obtain immediate delivery of the vehicle.

Cancellation of sales contracts: A.346 Pheffer. NYSADA has actively opposed this legislation to permit consumers the right to cancel a motor vehicle sales contract within one day in the case of a sale or lease.

Restrictions on SUVs: A.49 Lafayette. NYSADA opposed this legislation, which would require any vehicle having a gross weight greater than 6000 pounds to be registered as a commercial vehicle. The vehicles would then be banned from the State’s parkways, and could be restricted by the City of New York.

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