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) 2019-02-20 - referred to consumer affairs and protection [A05933 Detail]

Download: New_York-2019-A05933-Introduced.html

                STATE OF NEW YORK
                               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.

        A. 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 in

        A. 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.