The New York State Assembly and Senate are reviewing bills to promote greater independence for mobility vehicle dealers who display modified vehicles on their lots.
The bills come in response to the recent shutdowns of mobility vehicle dealers in Texas and other states. The bills will close a loophole in the state’s Traffic and Vehicle law that allows law enforcement to disrupt the sales process of mobility vehicles that have been altered but are not titled.
John Bussani, president of the mobility vehicle company J. Bussani Inc., supports the bills. “As used car dealers we are not allowed to have new untitled vehicles on our property, which makes it difficult for us to provide our customers with new pre-built vehicles where all the work is done but not titled,” said Bussani.
“A typical car dealer would not have the expertise or knowledge to sell or service these vehicles,” Bussani said, explaining that the vehicles require the installation of hand controls or lifts.
Bussani said these changes would alter the status of mobility vehicle companies from used car dealers to specialty vehicle sellers similar to that of ambulance dealers. “Without this, our businesses could literally be closed down,” he said.
Paul Tobin, president and chief executive officer at United Spinal Association, said the bills are an attempt to be pro-active in preventing possible dealer shutdowns in New York.
“The reason why it’s important is if left unresolved it could threaten access to accessible vehicles and could jeopardize the relationship between vehicle customers and their providers,” Tobin said.
Tobin and Bussani said the changes are necessary to accommodate recent shifts in the mobility vehicle industry, including more mass market production with increased crash testing and improvements in quality and equipment.
“Because our industry has changed so much in the last few years we are now faced with having to do business another way,” Bussani said.
The State Assembly bill, A4298, is sponsored by N. Nick Perry and co-sponsored by Assembly Members Bill Reilich, Annette Robinson and Harvey Weisenberg.
The act would alter the state’s Vehicle and Traffic Law to provide legal backing for mobility vehicle sales to the community. By amending the definition and registration of mobility dealers, the bill would enable greater independence for dealers.
The State Senate bill, S2913, is sponsored by Sen. George Maziarz. The summary of the bill explains the potentially negative impacts of leaving the law unchanged.
“In other states, this loophole has been cited by officials at Departments of Motor Vehicles as justification to shut down mobility dealers until the governing laws were modified. If this were to happen in New York State, thousands of drivers with disabilities would be left without qualified, experienced sales and services staff for their adapted vehicles; this would potentially result in loss of employment, health care and community activities that are so hard-won by people with disabilities,” the bill reads.
Both bills have been referred to the transportation committees of the Assembly and State Senate. Legislators in Kentucky, Indiana, Illinois and Pennsylvania have taken similar actions.
This article was published in the April 2011 issue of Able News.
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