Bill Text: NY S03945 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires motor vehicle repair shops to disclose types of replacement parts used in automobile collision repairs and provides a disclosure form to be signed by the owner consenting to the use of any such parts; forbids use of any other parts except new original equipment manufacturer parts on any vehicle during the first year of its manufacture and for the two years following.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S03945 Detail]

Download: New_York-2013-S03945-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3945
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 28, 2013
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
         relation to requiring types of replacement crash parts used in automo-
         bile  collision  repairs  be  disclosed  to vehicle owners and written
         authorization to use specified parts be obtained prior to installation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 398-d of the vehicle and traffic law is amended by
    2  adding a new subdivision 2-a to read as follows:
    3    2-A. (A) NO MOTOR VEHICLE REPAIR SHOP SHALL USE OR INSTALL ANY TYPE OR
    4  TYPES OF REPLACEMENT CRASH PARTS FOR THE REPAIR OF A  COLLISION  DAMAGED
    5  VEHICLE  WITHOUT DISCLOSING THE TYPE OR TYPES OF REPLACEMENT CRASH PARTS
    6  TO THE VEHICLE OWNER OR THE VEHICLE  OWNER'S  AUTHORIZED  REPRESENTATIVE
    7  AND  OBTAINING  WRITTEN AUTHORIZATION THEREFROM. THE FOLLOWING "REPLACE-
    8  MENT CRASH PARTS NOTICE AND AUTHORIZATION FORM", REPRODUCED IN 12  POINT
    9  TYPE  OR  LARGER,  SHALL  BE  ATTACHED TO A COPY OF THE COLLISION REPAIR
   10  ESTIMATE AND SHALL BE SIGNED BY THE VEHICLE OWNER OR THE VEHICLE OWNER'S
   11  AUTHORIZED REPRESENTATIVE PRIOR TO THE USE OR INSTALLATION OF  ANY  SUCH
   12  PARTS:
   13             REPLACEMENT CRASH PARTS NOTICE AND AUTHORIZATION FORM
   14    NOTICE TO CONSUMER:
   15          1.  "REPLACEMENT  CRASH PARTS" ARE THE PARTS WHICH ARE TYPICALLY
   16               REPLACED DURING THE REPAIR  OF  A  DAMAGED  VEHICLE.  THESE
   17               PARTS ARE MADE OF SHEET METAL, PLASTIC, FIBERGLASS OR SIMI-
   18               LAR  MATERIAL,  INCLUDING  A  DOOR,  FENDER, PANEL, BUMPER,
   19               HOOD, FLOOR OR TRUNK LID,  BUT  NOT  INCLUDING  WINDOWS  OR
   20               HUBCAPS,  AND  CONSTITUTE  OR PROVIDE SUPPORT FOR THE MOTOR
   21               VEHICLE'S EXTERIOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03823-01-3
       S. 3945                             2
    1          2.  THE TYPE(S)  OF  REPLACEMENT  CRASH  PARTS  LISTED  ON  YOUR
    2               ESTIMATE/REPAIR  ORDER # (COPY ATTACHED) ARE FROM THE CATE-
    3               GORIES CHECKED BELOW.
    4          3.  WARRANTIES FOR THE TYPE(S) OF REPLACEMENT PARTS LISTED BELOW
    5               ARE  PROVIDED  BY  THE  MANUFACTURER  OR DISTRIBUTOR OF THE
    6               REPLACEMENT PARTS.   WARRANTY  COVERAGE  VARIES.  ASK  YOUR
    7               INSURER  OR  COLLISION  REPAIR  PROFESSIONAL  FOR SPECIFIC,
    8               WRITTEN WARRANTY  INFORMATION.  ADDITIONAL  WARRANTIES  FOR
    9               REPLACEMENT CRASH PARTS WILL BE PROVIDED BY              .
   10          4.  REPLACEMENT CRASH PARTS TYPES:
   11          ( )  NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM) REPLACEMENT CRASH
   12               PARTS:  PARTS WHICH ARE MADE BY THE VEHICLE MANUFACTURER OR
   13               ONE OF ITS LICENSEES AND  DISTRIBUTED  THROUGH  ITS  NORMAL
   14               CHANNELS.  THESE  PARTS  MAINTAIN  THE  OEM VEHICLE FACTORY
   15               WARRANTY FOR THE REPLACED PARTS AND ANY OTHER ADJOINING  OR
   16               ASSOCIATED OEM PART OR SYSTEMS.
   17          ( )  NEW  AFTERMARKET  REPLACEMENT CRASH PARTS:  PARTS WHICH ARE
   18               MADE BY COMPANIES OTHER THAN THE  VEHICLE  MANUFACTURER  OR
   19               ITS  LICENSEE.  ALL PARTS IN THIS CATEGORY ARE WARRANTED BY
   20               THE DISTRIBUTOR AND/OR MANUFACTURER OF THESE PARTS.
   21          ( )  RECYCLED/RECYCLABLE REPLACEMENT CRASH PARTS:    USED  PARTS
   22               WHICH  HAVE BEEN REMOVED FROM ANOTHER VEHICLE. ALL PARTS IN
   23               THIS CATEGORY ARE WARRANTED BY THE SALVAGE VENDOR.
   24          ( )  RE-MANUFACTURED REPLACEMENT CRASH PARTS:  PARTS WHICH  HAVE
   25               BEEN  RETURNED  TO  LIKE-NEW CONDITION BY REPAIRING, RE-MA-
   26               CHINING OR RE-BUILDING. ALL  PARTS  IN  THIS  CATEGORY  ARE
   27               WARRANTED BY THE RE-MANUFACTURER OF THE PART.
   28    I  UNDERSTAND  THAT  MY  VEHICLE  WILL  BE  REPAIRED  USING  THE PARTS
   29  DESCRIBED ABOVE, AND I AUTHORIZE THE REPAIR SHOP TO INSTALL THOSE PARTS.
   30     _____________________________________     ____________________
   31                CUSTOMER SIGNATURE              DATE
   32    (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   33  SION,  ONLY  NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM) REPLACEMENT CRASH
   34  PARTS MAY BE USED ON ANY VEHICLE DURING THE YEAR OF MANUFACTURE AND  FOR
   35  THE  TWO SUCCEEDING YEARS THEREAFTER, OR FOR THE DURATION OF THE VEHICLE
   36  MANUFACTURER'S NEW-VEHICLE AND/OR SHEET-METAL OR  BODY  PARTS  WARRANTY,
   37  WHICHEVER IS LONGER.
   38    S 2. Subsection (n) of section 3411 of the insurance law is relettered
   39  subsection (o) and a new subsection (n) is added to read as follows:
   40    (N) NO INSURER SHALL DIRECTLY OR INDIRECTLY REQUIRE THE USE OR INSTAL-
   41  LATION  OF ANY TYPE OR TYPES OF REPLACEMENT CRASH PART FOR THE REPAIR OF
   42  A COLLISION DAMAGED VEHICLE, WITHOUT DISCLOSING THE  TYPE  OR  TYPES  OF
   43  REPLACEMENT  CRASH  PARTS  TO  THE  VEHICLE OWNER OR THE VEHICLE OWNER'S
   44  AUTHORIZED REPRESENTATIVE, AS PROVIDED IN SUBDIVISION TWO-A  OF  SECTION
   45  THREE  HUNDRED  NINETY-EIGHT-D  OF THE VEHICLE AND TRAFFIC LAW. IN ADDI-
   46  TION, ONLY NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM)  REPLACEMENT  CRASH
   47  PARTS  MAY BE USED ON ANY VEHICLE DURING THE YEAR OF MANUFACTURE AND FOR
   48  TWO SUCCEEDING YEARS THEREAFTER, OR FOR  THE  DURATION  OF  THE  VEHICLE
   49  MANUFACTURER'S  NEW  VEHICLE  AND/OR SHEET-METAL OR BODY PARTS WARRANTY,
   50  WHICHEVER IS LONGER. IN THE EVENT REPLACEMENT CRASH PARTS  ARE  USED  OR
   51  INSTALLED WHICH ARE OTHER THAN NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM)
   52  REPLACEMENT  CRASH  PARTS,  AND  SUCH  PARTS ARE ILL-FITTING AND REQUIRE
   53  ADDITIONAL LABOR AND MATERIALS IN THEIR INSTALLATION OR USE, THE INSURER
   54  SHALL BE RESPONSIBLE FOR THE COST OF SUCH ADDITIONAL LABOR  AND  MATERI-
   55  ALS.
       S. 3945                             3
    1    S  3. This act shall take effect on the first of January next succeed-
    2  ing the date on which it shall have become  a  law,  provided,  however,
    3  that  effective  immediately, the commissioner of motor vehicles and the
    4  superintendent of insurance shall promulgate such rules and  regulations
    5  as  are  necessary  to implement the provisions of this act on or before
    6  such date.