Bill Text: NY A01165 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the vehicle and traffic law, in relation to requiring a lienholder to inspect motor vehicles after repair at the motor vehicle repair shop making the repairs

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A01165 Detail]

Download: New_York-2009-A01165-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1165
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
         Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to requiring  a
         lienholder to inspect motor vehicles after repair at the motor vehicle
         repair shop making the repairs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 398-d of the vehicle  and  traffic
    2  law,  as  amended by chapter 161 of the laws of 1996, is amended to read
    3  as follows:
    4    1. All work done by a motor vehicle repair shop shall be  recorded  on
    5  an  invoice and shall describe all service work done and parts supplied.
    6  If any used parts are supplied, the invoice  shall  clearly  state  that
    7  fact.  If  any  component  system  installed is composed of new and used
    8  parts, such invoice shall clearly state that fact. If any body parts are
    9  supplied to a vehicle with a gross vehicle weight not in excess of eigh-
   10  teen thousand pounds, the invoice shall clearly state whether such parts
   11  were manufactured as original equipment parts for the vehicle,  or  were
   12  manufactured  as  non-original  replacement parts or are used parts. One
   13  copy of the invoice shall be given to the customer and one copy shall be
   14  retained by the motor vehicle repair shop. For the purposes of  insuring
   15  that  the  repairs  described  on  the work invoice have been performed,
   16  every customer and his OR HER representative OR A  REPRESENTATIVE  OF  A
   17  LIENHOLDER REGARDING SUCH MOTOR VEHICLE or a representative of an insur-
   18  ance company where such company has paid or is liable to pay a claim for
   19  damage  to  such  customer's motor vehicle shall have a right to inspect
   20  the repaired motor vehicle. Such right of inspection shall also  include
   21  the  right  to inspect all replaced parts and components thereof, except
   22  warranty or exchange parts. Provided, however, the exception for warran-
   23  ty or exchange parts from the right of inspection  shall  not  apply  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01841-01-9
       A. 1165                             2
    1  replacement  inflatable  restraint  systems.   Any such inspection by an
    2  insurer shall be made in a manner consistent with  the  requirements  of
    3  sections  two  thousand  six hundred one and three thousand four hundred
    4  eleven  of  the  insurance law.   ANY SUCH INSPECTION BY A LIENHOLDER OR
    5  REPRESENTATIVE OF A LIENHOLDER SHALL BE PERFORMED AT THE  MOTOR  VEHICLE
    6  REPAIR SHOP PERFORMING THE REPAIRS WITHIN THREE BUSINESS DAYS OF RECEIPT
    7  BY THE LIENHOLDER OF WRITTEN NOTICE, SENT CERTIFIED MAIL, THAT THE MOTOR
    8  VEHICLE  REPAIR SHOP HAS COMPLETED THE REPAIRS.  FAILURE OF A LIENHOLDER
    9  TO INSPECT A MOTOR VEHICLE WITHIN SAID THREE BUSINESS DAY  PERIOD  SHALL
   10  CONSTITUTE  A  WAIVER  OF  THE  LIENHOLDER'S  RIGHT  OF INSPECTION, SUCH
   11  LIENHOLDER'S APPROVAL OF ALL REPAIRS AND CONSENT BY  THE  LIENHOLDER  TO
   12  THE  ENDORSEMENT  ON  ITS  BEHALF  BY THE REPAIRER OF ANY CHECK OR DRAFT
   13  ISSUED BY AN INSURER AS PAYMENT FOR  SUCH  REPAIRS.  The  motor  vehicle
   14  repair  shop  shall  make available to the customer, upon timely written
   15  demand, or for such work authorized over the telephone, shall keep until
   16  the customer's motor vehicle is retrieved, all  replaced  parts,  compo-
   17  nents or equipment excepting any parts, components or equipment normally
   18  sold on an exchange basis or subject to a warranty.
   19    S  2.  This  act shall take effect on the ninetieth day after it shall
   20  have become a law.