On November 7, 2021, the Governor signed a Bill known as the “Anthony Amoros’ Law”, that “prohibits used car dealers from selling vehicles at retail without a functioning airbag.”[1]  This Bill amends New York State Vehicle and Traffic Law § 417. In particular, the Bill “prohibits retail dealers of second hand motor vehicles from selling a motor vehicle which is subject to federal motor vehicle safety standards for inflatable restraint systems unless such vehicle is equipped with an inflatable restraint system which conforms to the federal motor vehicle safety standard applicable to that vehicle and a readiness indicator light indicating a functioning inflatable restraint system.”[2]

Although it sounds counterintuitive, prior to the enactment of this Bill, there was no requirement that a used vehicle which was sold by a licensed dealer needed to have a working airbag.  This Bill was named after “a young man from Rockland who died in a car crash in a car that, unbeknownst to him, was sold to him without airbags.”[3] The Bill requires that a dealer must now provide a certificate certifying that the used vehicle is equipped with an airbag and that the readiness indicator light indicates that the airbag light is operable.[4] The purpose of this Bill is to ensure that the airbag system is installed and functioning as it was designed to prevent future injuries and to hopefully save lives.

It is important for both used car dealers and customers to be aware of the changes in the New York State Vehicle and Traffic Law which may impact them. If you need assistance, please contact Christopher E. Vatter at cvatter@jaspanllp.com.

[1] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-ensure-used-vehicles-are-sold-functioning-airbags

[2] Senate Bill S1834A.

[3]https://www.governor.ny.gov/news/governor-hochul-signs-legislation-ensure-used-vehicles-are-sold-functioning-airbags

[4] Senate Bill S1834A.