New Off-Site Sales Regulations Take Effect Today (Wed 8/5/15)
Today, August 5, 2015 the DMV has officially adopted an amended regulation that limits off-site sales to twenty miles (six miles in the NYC Metro area). The amended regulation also limits the number of off-site sales each dealership can hold each year to two. This is the amended and adopted regulation as it appears in the New York State Register:
Paragraph (2) of subdivision (c) of section 78.8, and such subdivision are amended to read as follows:
(c) A dealer may conduct a maximum of two (2) sales per calendar year at additional locations if:
(2) the dealer [mans] staffs, for the entire duration of the sale, a booth or desk at the away-from-premises location which has the dealer’s name, registered street address, registration number and telephone number [prominently] displayed proportionate to the size of the sign or in letters at least [two] four inches high[.] with a stroke of three-fourths of one inch on a sign at least 18 square feet in size. All sales must take place at the booth or desk;
Paragraphs (1), (2), (3), (4), (5) and (6) of subdivision (d) of section 78.8 are amended to read as follows:
(1) a written request from a dealer, [a dealer association or a manufacturer] on a form prescribed by the commissioner, is received at least [fifteen] twenty days before the sale is to begin;
(2) the sale location is within twenty (20) miles of the dealer’s registered location, provided, however, in the counties of Westchester, Rockland, Bronx, New York, Kings, Queens, Richmond, Nassau and Suffolk, the sale location is within six (6) miles of the dealer’s registered location; and
(3) the sale is to be of ten consecutive days duration or less; [and]
(4) neither the dealer nor the away-from-premises location has a history of violations[.] ; and
(5) all third party participants in such sale are identified at the time of the request, and, in the case of banks and/or credit lenders, are certified by the New York State Department of Financial Services to operate in New York State,
(6) the sale location complies with all applicable local zoning requirements and, if required, all necessary permits have been acquired and are maintained at the dealer’s registered location.
Subdivision (e) is relettered (g) and new subdivisions (e) and (f) are added to section 78.8 to read as follows:
(e) The provision of subdivision (c) of this section regarding the maximum number of sales per calendar year and the provision of paragraph (2) of subdivision (d) of this section regarding the location of sales shall not apply to sales of recreational vehicles. For the purpose of this section, the term “recreational vehicle” shall have the same meaning as “house coach” as such term is defined in section one hundred nineteen of the Vehicle and Traffic Law.
(f) All advertising for sales away from the dealer’s registered location shall include the dealer’s name, registered street address, facility registration number and telephone number.
(g) A display of a vehicle at which the dealer has no sales personnel or employee present shall be considered a display and not a sale and is permitted without compliance with this section. A display of a vehicle at which the dealer has a sales person or employee present requires the dealer to comply with this section[.]; provided, however, that a display of vehicles at an event, such as an auto show, in which numerous manufacturers participate and which is for the purpose of display is permitted without compliance with this section.
If you have any questions about this regulation change, please contact the Association at (518) 463-1148 and speak to Bob Vancavage (ext. 204) or Ed Richardson (210).