[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 7-9-1985 by L.L. No. 25-1985 (Ch. 469, Art. II,
of the 1985 Code)]
A.Â
This Legislature hereby finds that existing legislation and regulations
are insufficient and inadequate to prevent the harm and avoid the
danger associated with the use of so-called "off-street motorcycles."
This Legislature further finds that the many accidents involving such
motorcycles, caused by their misuse, highlight the need for more stringent
regulation geared towards minors, the segment of our population which
appears most vulnerable and susceptible to the misuse of such vehicles.
B.Â
This Legislature finds that the unrestricted availability of such
vehicles results in a high incidence of severely disabling personal
injuries which extend beyond the person injured to the public at large,
via the economic impact to the County of furnishing medical, rehabilitative
or welfare aid and assistance.
C.Â
Therefore, the purpose of this article is to enhance the public safety
and general welfare of Suffolk County residents by prohibiting the
sale of such motorcycles to individuals under the age of 18 years.
The objective of this article is to thereby limit the access of minors
to such vehicles without parental involvement.
As used in this article, the following terms shall have the
meanings indicated:
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, including a minibike, motor scooters with
motors that produce more than 10 horsepower and bicycles with motors
that produce more than 10 horsepower, and also includes a vehicle
commonly designated as a "quad." "Motorcycle" shall not include a
tractor, any off-highway motorcycle registered under § 411-b
of the New York Vehicle and Traffic Law nor any vehicle used for law
enforcement, fire, emergency or military purposes.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
No person shall sell or offer for sale any motorcycle within
the County of Suffolk to any unemancipated individual actually or
apparently under the age of 18 years.
Any person who fails to comply with § 814-3 of this article shall be guilty of a violation and subject to a fine of $1,000 for each and every such violation.
Proceeds of the fines collected pursuant to this article shall
be turned over to the County of Suffolk and shall be used by the County
for the sole purpose of providing assistance to the victims of crime
within the County of Suffolk.
[Adopted 9-20-2007 by L.L. No. 28-2007 (Ch. 466A, Art. I,
of the 1985 Code)]
A.Â
This Legislature hereby finds and determines that under current law,
automobile and motorcycle dealers are not required to check that a
person purchasing a vehicle actually possesses a valid license to
operate the vehicle in question.
B.Â
This Legislature further finds that permitting a person to obtain
and operate a vehicle he or she is not properly trained to handle
is not only dangerous to that driver but also to others traveling
on Suffolk County's roadways.
C.Â
This Legislature also finds that in one recent incident, an eighteen-year-old
Suffolk resident was allowed to purchase and drive a motorcycle from
a dealer's establishment even though he did not have a license
to operate the motorcycle. This young man was killed in an accident
approximately one month later, having never obtained a license to
operate the motorcycle.
D.Â
This Legislature further determines that all reasonable steps must
be taken to enhance the safety of the County's roadways, and
requiring a person to produce a valid driver's license before
he or she drives a vehicle from a dealer's business is a common-sense
measure that will increase safety and prevent accidents.
E.Â
Therefore, the purpose of this article is to prohibit registered
automobile and motorcycle dealers from releasing vehicles to persons
who cannot produce a valid operator's license.
As used in this article, the following terms shall have the
meanings indicated:
A person or entity engaged in the business of buying, selling
or dealing in motor vehicles, motorcycles or trailers at wholesale
or retail, who is registered with the New York State Department of
Motor Vehicles pursuant to § 415 of the New York Vehicle
and Traffic Law.
A driver's license issued by the State of New York or
other jurisdiction, authorizing operation of a motor vehicle or motorcycle.
This term shall not be construed to include learner's permits.
No dealer shall release a motor vehicle or motorcycle, which
is being sold or offered for sale, to a person so that it may be driven
from the dealer's premises, unless the person presents to the
dealer a valid license to operate the subject motor vehicle or motorcycle.
The license relied upon by a dealer to release a motor vehicle or
motorcycle must appear on its face to be genuine.
A dealer shall maintain a copy of any license he or she relies
upon for the release of a motor vehicle or motorcycle for one year
following a sale.
Any dealer who willfully violates any provision of this article
shall be guilty of an unclassified misdemeanor, punishable by a fine
of up to $1,000 for each violation.
This article shall apply to all actions occurring on or after
the effective date of this article.
