Current through Register Vol. 46, No. 12, March 20, 2024
(a) Marking and labeling. Each vehicle
connecting device, method or system shall be marked and labeled as required by
section
57.3(g)
and subdivision (c)(2) of this section. The marking and labeling shall show the
responsible manufacturer (see subdivision (c) below). A pressure sensitive
label will be acceptable if of a weather-resistant type and cannot be removed
without destroying or defacing it.
(b) Installation and maintenance:
(1) Manufacturer, packager, seller. The
responsible manufacturer or seller of a vehicle connecting device or system
shall pack with the device, or with devices making up or used in the system,
clear and complete instructions for installation, use, maintenance and repair,
or otherwise assure proper installation, in accordance with the requirements of
this Part, and proper instruction of the purchaser, or owner, in use and
care.
(2) Owner, lessor, lessee,
borrower. Each owner or lessor shall keep his connecting devices, and systems
in good condition, maintained, repaired, and rebuilt in accordance with
manufacturer's instructions and recommendations. Each owner or lessor who
leases or lends a connecting device or system, shall properly instruct the
lessee, or recipient, in the safe and proper use and care of the device(s), or
system. Each lessee or borrower shall use and care for the device, method, or
system in accordance with the instructions of the lessor or lender. For the
purposes of this Part, any person who rents a trailer shall be considered to be
a lessor.
(3) No person shall put
into use or continue in use a device or system on which the marking required in
subdivision (a) of this section has been removed, altered, obliterated,
disfigured, or otherwise damaged so as to prevent identification of the
device(s), method or system.
(c) Compliance with requirements. Each
manufacturer shall be responsible for the performance ability of the device(s)
or system which he manufactures for use by a prospective owner, lessee, or
borrower. Where a manufacturer, packager, or seller assembles or packages
(unites, collects, congregates) for use by a prospective owner, lessee, or
borrower a device or system from parts, subassemblies or assemblies made or
assembled by others, such manufacturer, packager or seller (person, firm,
association, or corporation) shall be deemed responsible for the performance of
the device(s) or system which he assembles or packages. For the purpose of this
section each manufacturer, packager, or seller described in the preceding two
sentences shall be known as the responsible manufacturer.
(1) Certification--demonstration. Each
responsible manufacturer shall certify to the commissioner or the equipment
approval division of the American Association of Motor Vehicle Administrators
that his device, or system when installed in accordance with his published
instructions (including instructions of manufacturers of weight distributing
hitches for use by local installers who fabricate the undercar attachment means
for such hitches) complies with and meets the requirements of this Part.
Acceptable tests reports, including photographs of test site and equipment,
manner of testing, and a summation of results, shall be furnished with such
certification. Demonstration of compliance may be required by the commissioner.
To demonstrate compliance with strength requirements, the necessary tests shall
be conducted by or supervised by an approved certified laboratory or an
approved certified testing organization. The commissioner may undertake shelf
sampling from dealers or other inventory available for sale and/or other
inspection steps, as appropriate, to assure compliance.
(2) Registration. No vehicle connecting
device or system shall be sold within New York State unless the responsible
manufacturer has registered his product with the commissioner, has furnished
the commissioner five copies of instructions for installation, use,
maintenance, and repair and has stated the maximum towing capacity of his
product in terms of the maximum gross weight to be drawn, as defined in
sections
57.3(d)
and
57.3(e).
There shall be imprinted on each copy of instructions packed with the device or
otherwise furnished to the owner the following statement: "This product
complies with safety specifications and requirements for connecting devices and
towing systems of the state (or states) of New York." The responsible
manufacturer of light service class 1 connecting devices or systems for
trailers not exceeding 2,000 pounds gross weight who produces not more than
five such devices or systems in one calendar year must produce a product which
complies with all applicable requirements of this Part except the registration
requirements of this paragraph.
(3)
The certification, test, or demonstration results, identification,
instructions, and the capacity and registration information may be used by
persons involved in the enforcement of laws, rules, regulations, and codes in
determining whether a connecting device method or system is properly
manufactured, installed, used, maintained and repaired.
