GNYADA December 2016 Newsletter

Liability for Tickets: Employee v. Dealer

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Dealership employees sometimes receive tickets for parking or moving violations, when operating dealership vehicles. As the owner of the vehicle, dealers are most often responsible for tickets assigned to the vehicle; they cannot deduct from the employee’s wages, in order to cover ticket costs, nor can they demand that the employee pay the summons. Here is a breakdown of various vehicle violations, as well as dealers’ responsibilities for each: Parking violations If an employee receives a summons for parking a dealership vehicle

illegally, the dealer is prohibited from requiring the employee to reimburse the dealership as a condition of employment. However, a dealer is permitted to ask for reimbursement, while clarifying that the employee will not be retaliated against or disciplined should they choose not to. Moving violations Moving violations are usually issued to the driver of the vehicle, not the owner. Accordingly, if an employee is issued a ticket for a moving violation while operating a dealership vehicle, the ticket is the employee’s responsibility and the dealership does not have to reimburse them.

Camera-issued tickets If a violation caught by a “red light camera” (for example) gets issued to the dealership as the owner of the vehicle, the dealer should follow the same procedure as for parking violations. Code violations Vehicle code violations, such as a broken taillight or excess emissions, must be paid only by the dealer. The employee may not be asked to reimburse the dealer for these tickets, unless the breakage resulted from a negligent act by the employee.

8 Waste Tire Recycling

7 FHWA Establishes Alternative Fuel/Charging Stations Network The Federal Highway Administra- tion (FHWA) kicked off a project aimed ble via clean technology. Subsequent steps will evaluate the success and

Fee Extended

The New York State Department of Taxation and Finance has extended the expiration date of the waste tire management and recycling fee from December 31, 2016, to December 31, 2019. Dealers may continue imposing a charge of up to $2.50 for every new tire sold, to cover recycling costs. That fee must be itemized on all esti- mates, repair orders and in advertise- ments. Furthermore, an official sign, stating that disposal costs are incor- porated into the price of new tires, must be posted. As a reminder, dealers are not per- mitted to charge a fee for accepting waste tires that are similar in size and quantity to the number of tires purchased by the customer.

usefulness of this initial mapping system, and potentially determine further building stages from there. The network of corridors includes portions of 55 interstates — some- times entire lengths — in 35 states, plus D.C., designated as “signage- ready” for one or more fuels. (In New York, this includes sections of Interstates 84, 87, and 95.) Other roads have been designated “sig- nage-pending” as they await the installment of future planned infra- structure. The FHWA will work with state and local agencies in these areas, to get these stations built. For more information and national maps for each fuel type, visit: http://www.fhwa.dot.gov/environ- ment/alternative_fuel_corridors /

at making America’s roads more

supportive of “clean-technology” vehicles. The administration desig- nated a national network of roads that currently support alternative fueling and charging stations for electric, natural gas, hydrogen, and propane fuel vehicles. The network roadmap establishes areas where stations are currently in operation and others where they are needed. The Department of Trans- portation has positioned this designa- tion as the first step toward a future where coast-to-coast travel is possi-

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • December 2016

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