Bill Text: NY A05933 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes standards for the replacement of motor vehicle windshields.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A05933 Detail]
Download: New_York-2019-A05933-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5933 2019-2020 Regular Sessions IN ASSEMBLY February 20, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of A. FAHY, GALEF, RIVERA -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to establishing automotive windshield replacement standards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 390-d to read as follows: 3 § 390-d. Automotive windshield replacement standards. 1. Definitions. 4 As used in this section: 5 (a) "Equivalent retention system" shall mean a system that meets or 6 exceeds a motor vehicle manufacturer's performance strength specifica- 7 tions, or has been certified by the retention system manufacturer or 8 private labeler as appropriate for the specific application. 9 (b) "Minimum drive-away strength" shall mean the minimum properties as 10 defined and specified by the retention systems manufacturer or private 11 labeler to meet the requirements of federal motor vehicle safety stand- 12 ards 208 and 212. 13 (c) "Minimum drive-away time" shall mean the time necessary for a 14 given adhesive system to attain minimum drive-away strength after an 15 adhesive bonded glass part is set in place. 16 (d) "OE" shall mean original equipment. 17 (e) "OEM" shall mean original equipment manufacturer. 18 (f) "Private labeler" shall mean any individual, corporation or entity 19 engaged in the sale or distribution of a product labeled as its own, but 20 manufactured by any different entity. 21 (g) "Retention system" shall mean any original equipment or equivalent 22 method of glazing attachment. 23 (h) "Those engaged in automotive windshield replacement" shall mean 24 any individual, business, or organization that replaces automotive EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09871-01-9A. 5933 2 1 windshields; examples shall include, but are not limited to, individual 2 technicians, automotive windshield replacement businesses, automotive 3 body shops, and dealerships. 4 2. Responsibilities of those engaged in automotive windshield replace- 5 ment. All in-shop and mobile installations of motor vehicle windshields 6 shall be performed under suitable environmental conditions and other 7 conditions that are compatible with the application instructions, and 8 following requirements: 9 (a) those engaged in automotive windshield replacement shall use 10 retention systems that are produced under documented quality assurance 11 standards which meet the requirements of ANSI Z26.1 as required by 12 federal motor vehicle safety standard 205; 13 (b) those engaged in automotive windshield replacement shall use 14 either an OEM approved retention system or equivalent retention system 15 as certified in writing by the equivalent retention system manufacturer 16 directly or through a private labeler; 17 (c) those engaged in automotive windshield replacement shall obtain 18 and follow written comprehensive and current application instructions 19 from the retention systems manufacturer or private labeler. Such 20 instructions shall include at least the proper use of the retention 21 system storage specifications, minimum drive-away time charts containing 22 temperature and humidity variables, if applicable, and any special 23 procedures required for adverse weather conditions; 24 (d) those engaged in automotive windshield replacement shall require 25 that lot numbers and expiration dates be printed on appropriate 26 products; 27 (e) those engaged in automotive windshield replacement shall follow 28 the adhesive manufacturer's application instructions as provided by the 29 manufacturer directly, or through the private labeler; 30 (f) products shall be stored and controlled according to manufactur- 31 ers' requirements as provided directly or through a private labeler; 32 (g) no automotive windshield replacement shall be undertaken using an 33 adhesive glass retention bonding system that would not achieve minimum 34 drive-away strength by the time the vehicle may be reasonably expected 35 to be operated; 36 (h) the vehicle owner or operator shall be advised of the minimum 37 drive-away time under the circumstances of the replacement; 38 (i) all glass parts must be traceable to the installation by an iden- 39 tification number issued by the department of transportation and part 40 number; 41 (j) no product that has exceeded its expiration date, open shelf life 42 or active shelf life shall be used; 43 (k) all supplemental mechanical windshield retention devices shall be 44 replaced to original equipment specifications; and 45 (l) when inappropriate replacement materials or methods are detected, 46 those engaged in automotive windshield replacement shall report their 47 findings to the vehicle owner or operator. 48 3. Record keeping requirements. Those engaged in automotive windshield 49 replacement shall keep a record of all adhesive component lot numbers, 50 department of transportation identification numbers and part numbers 51 used in each job. A copy of this record shall be offered to the owner or 52 operator of the vehicle upon completion of the installation and held by 53 the individual, business or organization that completed the installation 54 for a minimum of three years. 55 4. Penalty. Any individual, business or organization that violates the 56 provisions of this section shall be guilty of a violation, as defined inA. 5933 3 1 the penal law, punishable by a fine not to exceed two hundred fifty 2 dollars. 3 5. Preemption of local law. The provisions of this section shall 4 supersede and preempt any local law, code or ordinance inconsistent 5 therewith. 6 § 2. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law.
