N.Y. Comp. Codes R. & Regs. tit. 15 § 57.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 57.4 - Identification; installation; maintenance; compliance

(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.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 57.4