Bill Text: NY A10655 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires motor vehicle repair shops to disclose whether parts supplied are under warranty and the estimate for all parts and labor; provides that no work can be done without the consent of the customer; provides for fines for violations of such provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-08-12 - referred to transportation [A10655 Detail]

Download: New_York-2021-A10655-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10655

                   IN ASSEMBLY

                                     August 12, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
          read once and referred to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          motor  vehicle repair shops to disclose certain information to custom-
          ers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  1 and 2 of section 398-d of the vehicle and
     2  traffic law, subdivision 1 as amended by chapter 161 of the laws of 1996
     3  and subdivision 2 as amended by chapter 173 of the  laws  of  1990,  are
     4  amended and a new subdivision 2-a is added to read as follows:
     5    1.  All  work done by a motor vehicle repair shop shall be recorded on
     6  an invoice and shall describe all service work done and parts  supplied.
     7  If  any  used  parts  are supplied, the invoice shall clearly state that
     8  fact. If any component system installed is  composed  of  new  and  used
     9  parts, such invoice shall clearly state that fact. If any body parts are
    10  supplied to a vehicle with a gross vehicle weight not in excess of eigh-
    11  teen thousand pounds, the invoice shall clearly state whether such parts
    12  were  manufactured  as original equipment parts for the vehicle, or were
    13  manufactured as non-original replacement parts or are used  parts.    If
    14  any  parts supplied are under warranty, such invoice shall clearly state
    15  that fact, and a copy of the work order information and warranty of such
    16  part shall be displayed on such invoice. One copy of the  invoice  shall
    17  be  given  to  the  customer and one copy shall be retained by the motor
    18  vehicle repair shop. For the  purposes  of  insuring  that  the  repairs
    19  described  on  the  work invoice have been performed, every customer and
    20  his representative or a representative of  an  insurance  company  where
    21  such  company  has  paid  or is liable to pay a claim for damage to such
    22  customer's motor vehicle shall have a  right  to  inspect  the  repaired
    23  motor  vehicle. Such right of inspection shall also include the right to
    24  inspect all replaced parts and components thereof,  except  warranty  or
    25  exchange  parts.  Provided,  however,  the  exception  for  warranty  or
    26  exchange parts from the right of inspection shall not apply to  replace-
    27  ment  inflatable  restraint  systems.  Any such inspection by an insurer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13102-01-1
        A. 10655                            2

     1  shall be made in a manner consistent with the requirements  of  sections
     2  two  thousand  six hundred one and three thousand four hundred eleven of
     3  the insurance law. The motor vehicle repair shop shall make available to
     4  the  customer,  upon  timely written demand, or for such work authorized
     5  over the telephone, shall keep until the  customer's  motor  vehicle  is
     6  retrieved,  all  replaced  parts,  components or equipment excepting any
     7  parts, components or equipment normally sold on  an  exchange  basis  or
     8  subject to a warranty.
     9    2.  [Upon  the request of any customer, a] A motor vehicle repair shop
    10  shall make an estimate in writing of the parts and labor necessary for a
    11  specific job and shall not charge for work done or  parts  supplied  [in
    12  excess  of the estimate] without the consent of such customer. The motor
    13  vehicle repair shop may charge a reasonable fee for making an  estimate.
    14  If  any  body  parts  are  included in the estimate for a vehicle with a
    15  gross vehicle weight not in excess  of  eighteen  thousand  pounds,  the
    16  estimate  shall  clearly  state  whether such parts were manufactured as
    17  original equipment parts for the vehicle, or were manufactured  as  non-
    18  original replacement parts or are used parts.
    19    2-a.  A  violation  of subdivision one or two of this section shall be
    20  punishable by a fine of five hundred dollars for a first violation,  one
    21  thousand  dollars  for a second violation, and one thousand five hundred
    22  dollars for a third and any subsequent violation.
    23    § 2. This act shall take effect immediately.