N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 218-2.1
Current through Register Vol. 46, No. 45, November 2, 2024
Section 218-2.1 - [Effective until 9/3/2023] Prohibitions(a) It is unlawful for any person to sell or register, offer for sale or lease, import, deliver, purchase, rent, lease, acquire or receive a 1993, 1994, 1996 or subsequent model-year, new or used motor vehicle, new motor vehicle engine or motor vehicle with a new motor vehicle engine in the State of New York which is not certified to California emission standards and meets all other applicable requirements of California Code of Regulations, title 13, sections 1956.8, 1956.9¸1960.1, 1960.1.5, 1960.5, 1961, 1961.1, 1961.2, 1961.3, 1961.4, 1962, 1962.1, 1962.2, 1962.3, 1962.4, 1962,5, 1962.6, 1962.7, 1962.8, 1963, 1963.1, 1963.2, 1963.3, 1963.4, 1963.5, 1964, 1965, 1968.1, 1968.2, 1969, 1971.1, 1976, 1978, 2030, 2031, 2047, 2065, 2235 and article 1.5 (see Table 1, section 200.9 of this Title) and is otherwise not in compliance with the Environmental Conservation Law and these departmental regulations. Vehicles that have been certified to standards promulgated pursuant to the authority contained in 42 USC 7521 (see Table 1, section 200.9 of this Title) and that are in the possession of a rental agency in New York that are next rented with a final destination outside of New York will not be deemed as being in violation of this prohibition.(b) This Part does not apply to: (1) a vehicle acquired by a resident of this State for the purpose of replacing a vehicle registered to such resident which was damaged or became inoperative beyond reasonable repair or was stolen while out of this State; provided that such replacement vehicle is acquired out of state at the time the previously owned vehicle was either damaged or became inoperative or was stolen; or(2) a vehicle transferred by inheritance; or(3) a vehicle transferred by court decree; or(4) any vehicle sold after the effective date of this Subpart if the vehicle was registered in this State before such effective date; or(5) any motor vehicle having a certificate of conformity issued pursuant to the Clean Air Act (42 U.S.C. section 7401 et seq.) (see Table 1, section 200.9 of this Title) and originally registered in another state by a resident of that state who subsequently establishes residence in this State and who upon registration of the vehicle in this State provides satisfactory evidence to the New York State Department of Motor Vehicles of the previous residence and registration; or(6) emergency vehicles; or(7) military tactical vehicles and equipment; or(8) model year 2026 and subsequent diesel fueled engines used exclusively for bus lines, as referenced by 13 CCR 1956.8(a)(2)(F), for which there is no CARB certification; or(9) vehicles exempted by California Health and Safety Code, section 43656 (See Table 1, section 200.9 of this Title).(c) Transfer to ultimate purchaser. For purposes of this Subpart, it is conclusively presumed that the equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more has been transferred to an ultimate purchaser and that the equitable or legal title to any motor vehicle with an odometer reading of less than 7,500 miles has not been transferred to an ultimate purchaser.(d) In accordance with 42 USC 7507 (see Table 1, section 200.9 of this Title) under no circumstances will a New York State action require the conversion of a vehicle to a standard different from that to which it is certified for sale in California.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 218-2.1
Amended New York State Register November 25, 2015/Volume XXXVII, Issue 47, eff. 12/9/2015Amended New York State Register October 5, 2016/Volume XXXVIII, Issue 40, eff. 10/19/2016Amended New York State Register January 19, 2022/Volume XLlV, Issue 03, eff. 1/29/2022Amended New York State Register March 29, 2023/Volume XLV, Issue 13, eff. 3/10/2023Amended New York State Register May 24, 2023/Volume XLV, Issue 21, eff. 5/9/2023Amended New York State Register July 26, 2023/Volume XLV, Issue 30, eff. 7/6/2023, exp. 9/3/2023 (Emergency)