GNYADA June 2019 Newsletter

8 Avoid DMV Violations – Only Collect Lien Fees from Lenders

“The fee for filing a notice of security interest shall be paid by the party secured and such a fee shall not be charged to the owner in any manner.” While the $5.00 may seem insignificant, dealers must deduct the $5.00 lien filing fee from fees charged to the customer, when this fee is included in the calculated registration amount.

Lien fees are paid by lending institutions directly to dealers as part of the proceeds. From time-to-time, dealers mistakenly include the $5.00 fee in the customer’s registration. If your dealership mistakenly collects the fee from a customer, the dealership must refund the fee to the customer within 60 days. According to DMV, Vehicle and Traffic Law, Section 2125(c) states:

Best Practice Train your staff to review registration fees to ensure that the customer registration fees do not include lien fees. If the fee was collected from a customer, quickly correct the error by

sending a refund of the fee. DMV-DIRECT is available at 718.747.0400 to assist with registration issues.

Closed or Sold a Dealership Lately? DMV Needs to Know 9

local Vehicle Safety Field Services Office. Closing dealers must turn in the following items: n Facility licenses n MV-50 books n Temporary Certificates of Registration (TCRs) (MV-53) n Dealer plates n In-transit permits n Inspection stickers

If you have sold your dealership, DMV requires you to notify them of this change. Dealerships must inform DMV of a permanent closure by submitting a Facility Out of Business Attestation form (VS-20). Dealers who temporarily shut-down a particular location must contact their

n Secure Power of Attorney Forms (MV-93) GNYADA suggests you send these items via overnight mail to ensure you have a copy of the receipt for shipment to the Department of Motor Vehicles. The Out of Business Attestation form specifies the overnight mailing address for the items above.

Required Paid Time Off to Vote

10

two working days before the day of the election that he or she requires time off to vote. Dealers remain obligated to post a notice about these rights at least ten working days before any election. Included in this Newsletter is the required poster. Dealers employee handbooks also need to be updated to include the Paid Time Off to Vote rules.

The 2019-2020 State budget amended the New York Election Law to allow employees paid time off to vote. Employees in New York who are registered to vote can take up to three hours of paid time off to vote in any election. Dealers may require that this paid time off to vote be taken at the beginning or end of an employee’s shift. Under the new law, an employee must notify the dealer not less than

Dealers that subscribe to GNYADA’s ERP, your model employee handbooks have been updated to reflect this rule change.

6 Greater New York Automobile Dealers Association • www.gnyada.com The Newsletter • June 2019