S T A T E O F N E W Y O R K
________________________________________________________________________
903
2009-2010 Regular Sessions
I N S E N A T E
January 21, 2009
___________
Introduced by Sen. KRUGER -- 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, in relation to motor vehi-
cle repair shop requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 398-d of the vehicle and traffic law, as added by
chapter 946 of the laws of 1974, subdivision 1 as amended and subdivi-
sions 6 and 7 as added by chapter 161 of the laws of 1996, subdivision 2
as amended by chapter 173 of the laws of 1990, subdivision 4 as amended
by chapter 805 of the laws of 1984, paragraph (a) of subdivision 4 as
amended by chapter 130 of the laws of 2001, subdivision 5 as amended by
chapter 257 of the laws of 1995, subdivision 5-a as added by chapter 166
of the laws of 1991 and paragraph (e) of subdivision 6 as amended by
chapter 78 of the laws of 1998, is amended to read as follows:
S 398-d. Motor vehicle repair shop requirements. 1. (A) All work done
by a motor vehicle repair shop shall be recorded on an invoice and shall
describe all service work done and parts supplied. If any used parts are
supplied, the invoice shall clearly state that fact. If any component
system installed is composed of new and used parts, such invoice shall
clearly state that fact. If any body parts are supplied to a vehicle
with a gross vehicle weight not in excess of eighteen thousand pounds,
the invoice shall clearly state whether such parts were manufactured as
original equipment parts for the vehicle, or were manufactured as non-
original replacement parts or are used parts. One copy of the invoice
shall be given to the customer and one copy shall be retained by the
motor vehicle repair shop. For the purposes of insuring that the repairs
described on the work invoice have been performed, every customer and
his representative or a representative of an insurance company where
such company has paid or is liable to pay a claim for damage to such
customer's motor vehicle shall have a right to inspect the repaired
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06445-01-9
S. 903 2
motor vehicle. Such right of inspection shall also include the right to
inspect all replaced parts and components thereof, except warranty or
exchange parts. Provided, however, the exception for warranty or
exchange parts from the right of inspection shall not apply to replace-
ment inflatable restraint systems. Any such inspection by an insurer
shall be made in a manner consistent with the requirements of sections
two thousand six hundred one and three thousand four hundred eleven of
the insurance law. The motor vehicle repair shop shall make available to
the customer, upon timely written demand, or for such work authorized
over the telephone, shall keep until the customer's motor vehicle is
retrieved, all replaced parts, components or equipment excepting any
parts, components or equipment normally sold on an exchange basis or
subject to a warranty.
(B) THE INVOICE SHALL CLEARLY STATE: (I) THE MOTOR VEHICLE REPAIR
SHOP'S REGISTRATION NUMBER AND THE CORRESPONDING BUSINESS NAME, ADDRESS
AND TELEPHONE NUMBER;
(II) SEPARATELY THE SUBTOTAL PRICES FOR WORK AND FOR PARTS, NOT
INCLUDING SALES TAX, AND SHALL STATE SEPARATELY THE SALES TAX, IF ANY,
APPLICABLE TO EACH. IF ANY USED, REBUILT OR RECONDITIONED PARTS ARE
SUPPLIED, THE INVOICE SHALL CLEARLY STATE THAT FACT. IF A PART OF A
COMPONENT SYSTEM IS COMPOSED OF NEW AND USED, REBUILT OR RECONDITIONED
PARTS, SUCH INVOICE SHALL CLEARLY STATE THAT FACT;
(III) THE ACTUAL TIME EXPENDED FOR EACH REPAIR OR SERVICE PERFORMED
AND HOW THE LABOR CHARGE WAS COMPUTED. WHERE THE LABOR CHARGE WAS BASED
ON A FLAT RATE CALCULATION, THE INVOICE SHALL INDICATE THE MANUAL USED
AND THE MANUAL TIME FOR EACH REPAIR OR SERVICE PERFORMED. THE INVOICE
SHALL ALSO CONTAIN A STATEMENT THAT UPON THE CUSTOMER'S REQUEST, HE
SHALL BE SHOWN THE APPROPRIATE SECTION OF THE MANUAL;
(IV) WHAT WORK AND PARTS SUPPLIED ARE COVERED BY WARRANTY OR GUARANTEE
AND THE DURATION OF THE WARRANTY OR GUARANTEE AND WHAT PROCEDURES MUST
BE FOLLOWED BY THE CUSTOMER IN ORDER TO HAVE THE WARRANTY OR GUARANTEE
HONORED. THE INVOICE SHALL CLEARLY STATE ALL CONDITIONS AND LIMITATIONS
AND EXACTLY WHAT THE MOTOR VEHICLE REPAIR SHOP OR GUARANTOR WILL DO
UNDER THE WARRANTY OR GUARANTEE; AND
(V) THE RIGHTS OF CUSTOMERS UNDER THE MOTOR VEHICLE REPAIR SHOP REGIS-
TRATION ACT. SUCH STATEMENT OF RIGHTS, WHICH SHALL BE PRESCRIBED BY THE
COMMISSIONER, SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FOLLOWING:
THAT THE STATUTE PROHIBITS CHARGES GREATER THAN ESTIMATED WITHOUT THE
CUSTOMER'S CONSENT, THE APPLICABLE STATUTE OF LIMITATIONS FOR FILING A
COMPLAINT AND THE COMPLAINT PROCESS.
2. Upon the request of any customer, a motor vehicle repair shop shall
make an estimate in writing of the parts and labor necessary for a
specific job and shall not charge for work done or parts supplied in
excess of the estimate without the ORAL OR WRITTEN consent of such
customer WHICH SHALL BE OBTAINED AT SOME TIME AFTER IT IS DETERMINED
THAT THE ESTIMATED PRICE IS INSUFFICIENT AND BEFORE THE WORK NOT ESTI-
MATED IS DONE OR THE PARTS NOT ESTIMATED ARE SUPPLIED. IF SUCH CONSENT
IS ORAL, THE MOTOR VEHICLE REPAIR SHOP SHALL MAKE A NOTATION ON THE WORK
ORDER AND INVOICE OF THE DATE, TIME, NAME OF PERSON AUTHORIZING THE
ADDITIONAL WORK AND TELEPHONE NUMBER CALLED, IF ANY, TOGETHER WITH A
SPECIFICATION OF THE ADDITIONAL PARTS AND LABOR AND THE TOTAL ADDITIONAL
COST. UPON COMPLETION OF THE WORK, THE MOTOR VEHICLE REPAIR SHOP SHALL
OBTAIN THE CUSTOMER'S SIGNATURE OR INITIALS TO ACKNOWLEDGE NOTICE AND
CONSENT WHERE THERE IS AN ORAL CONSENT OF THE CUSTOMER TO ADDITIONAL
WORK. THE ESTIMATE SHALL PROVIDE A DIAGNOSIS OF THE PROBLEM NEEDING
REPAIR OR SERVICE AND SHALL CLEARLY INDICATE WHAT REPAIRS OR SERVICES
S. 903 3
DEVIATE FROM THE REPAIR OR SERVICE SCHEDULE IN THE OWNER'S MANUAL ISSUED
BY THE MANUFACTURER OF THE MOTOR VEHICLE OR IF NO MANUFACTURER'S SPEC-
IFICATIONS EXIST, ACCEPTED TRADE STANDARDS. THE ESTIMATE SHALL ALSO
EXPLAIN HOW THE LABOR CHARGE WAS COMPUTED. WHERE THE LABOR CHARGE WAS
BASED ON A FLAT RATE CALCULATION, THE ESTIMATE SHALL INDICATE THE MANUAL
USED AND THE MANUAL TIME FOR EACH REPAIR OR SERVICE. The motor vehicle
repair shop may charge a reasonable fee for making an estimate. If any
body parts are included in the estimate for a vehicle with a gross vehi-
cle weight not in excess of eighteen thousand pounds, the estimate shall
clearly state whether such parts were manufactured as original equipment
parts for the vehicle, or were manufactured as non-original replacement
parts or are used parts. IF IT IS NECESSARY TO DISASSEMBLE A VEHICLE
COMPONENT IN ORDER TO PREPARE A WRITTEN ESTIMATE FOR REQUIRED WORK, THE
MOTOR VEHICLE REPAIR SHOP SHALL, UPON REQUEST OF THE CUSTOMER, GIVE THE
CUSTOMER A WRITTEN ESTIMATE FOR THE ACT OF DISASSEMBLY. THIS PRICE SHALL
INCLUDE THE COST OF REASSEMBLY OF THE COMPONENT AND THE COST AND LABOR
NECESSARY TO REPLACE ANY PARTS DESTROYED BY THE ACT OF DISASSEMBLY OF
THE COMPONENT. IF THE ACT OF DISASSEMBLY MIGHT PREVENT THE RESTORATION
OF THE COMPONENT TO ITS FORMER CONDITION, THE MOTOR VEHICLE REPAIR SHOP
SHALL WRITE THAT INFORMATION ON THE ESTIMATE. THE MOTOR VEHICLE REPAIR
SHOP SHALL NOTIFY THE CUSTOMER ORALLY AND IN THE ESTIMATE THE MAXIMUM
TIME IT WILL TAKE TO REASSEMBLE THE MOTOR VEHICLE OR THE VEHICLE COMPO-
NENT IN THE EVENT THE CUSTOMER ELECTS NOT TO PROCEED WITH THE WORK AND
SHALL REASSEMBLE THE MOTOR VEHICLE WITHIN THAT TIME PERIOD IF THE
CUSTOMER ELECTS NOT TO PROCEED WITH THE WORK. UPON REQUEST OF THE
CUSTOMER, AFTER THE ACT OF DISASSEMBLY HAS BEEN PERFORMED, THE MOTOR
VEHICLE REPAIR SHOP SHALL PREPARE A WRITTEN ESTIMATE FOR THE PARTS AND
LABOR NECESSARY FOR THE SPECIFIC JOB. THE MOTOR VEHICLE REPAIR SHOP
SHALL INCLUDE WITH THE ESTIMATE A STATEMENT OF ANY WORK WHICH, IF
REQUIRED TO BE DONE, WILL BE DONE BY SOMEONE OTHER THAN THE MOTOR VEHI-
CLE REPAIR SHOP OR AN EMPLOYEE. NO WORK SHALL BE DONE BY OTHER THAN THE
MOTOR VEHICLE REPAIR SHOP OR AN EMPLOYEE WITHOUT THE WRITTEN OR ORAL
CONSENT OF THE CUSTOMER. IF SUCH CONSENT IS ORAL, THE MOTOR VEHICLE
REPAIR SHOP SHALL MAKE A NOTATION ON THE WORK ORDER AS DESCRIBED ABOVE.
THE MOTOR VEHICLE REPAIR SHOP SHALL BE RESPONSIBLE, IN ANY CASE, FOR ANY
SUCH WORK IN THE SAME MANNER AS IF THE MOTOR VEHICLE REPAIR SHOP OR AN
EMPLOYEE HAS DONE THE WORK.
3. EACH MOTOR VEHICLE REPAIR SHOP THAT PROVIDES SERVICE OR MAINTENANCE
SCHEDULES TO A CUSTOMER FOR THE PURPOSE OF RECOMMENDING OR SELLING
SPECIFIC MOTOR VEHICLE REPAIR PRODUCTS OR SERVICES SHALL ISSUE TO THE
CUSTOMER ONLY THE SERVICE OR MAINTENANCE SCHEDULE THAT IS APPROPRIATE
FOR THE MAKE AND MODEL OF THE CUSTOMER'S MOTOR VEHICLE.
4. Each motor vehicle repair shop shall maintain such records as are
required by the regulations of the commissioner and such records shall
be available for inspection by the commissioner or his designee during
all business hours. Where a motor vehicle repair shop changes its name
or location, notification thereof shall be given to the commissioner not
more than ten days therefrom. UPON WRITTEN REQUEST OF ANY CUSTOMER, EACH
MOTOR VEHICLE REPAIR SHOP SHALL MAKE AVAILABLE SERVICE RECORDS, PARTS
PURCHASE ORDERS AND OTHER RECORDS REQUIRED BY REGULATIONS OF THE COMMIS-
SIONER AT A REASONABLE CHARGE PRESCRIBED BY THE COMMISSIONER FOR THE
PERIOD OF TIME THE RECORDS ARE REQUIRED TO BE MAINTAINED BY THE REGU-
LATIONS OF THE COMMISSIONER.
[4] 5. (a) Every motor vehicle repair shop shall display in a
conspicuous place in such shop a sign stating: PURSUANT TO SECTION 2610
OF THE INSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS
S. 903 4
BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU
HAVE A RIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR
CHOICE.
(b) Such sign shall be made of a durable material capable of with-
standing outdoor climatic conditions, with the letters being at least
two inches high and having a stroke of at least one-half inch. The
letters and background shall be of contrasting colors.
[5] (C) EVERY MOTOR VEHICLE REPAIR SHOP SHALL DISPLAY IN A CONSPICUOUS
PLACE IN SUCH SHOP A SIGN STATING THE RIGHTS OF CUSTOMERS UNDER THE
MOTOR VEHICLE REPAIR SHOP REGISTRATION ACT. SUCH INFORMATION SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO: THE RIGHT TO A WRITTEN ESTIMATE FOR
REPAIR WORK OR SERVICES, UPON REQUEST BY THE CUSTOMER, THAT ONLY WORK
AUTHORIZED BY THE CUSTOMER CAN BE PERFORMED, THE RIGHT TO A DETAILED
INVOICE STATING THE WORK PERFORMED AND THE PARTS SUPPLIED INCLUDING A
DETAILED DESCRIPTION OF THE WARRANTY OR GUARANTEE WHERE APPLICABLE, THAT
THE ACT PROHIBITS CHARGES GREATER THAN THE ESTIMATE WITHOUT THE CUSTOM-
ER'S CONSENT AND THE RIGHT TO INSPECT ALL REPLACED PARTS AND COMPONENTS,
EXCEPT WARRANTY, GUARANTEE OR EXCHANGE PARTS, UPON TIMELY WRITTEN
DEMAND. SUCH A SIGN SHALL BE MAINTAINED IN A MANNER AND FORM PRESCRIBED
BY THE COMMISSIONER. NOTWITHSTANDING, SUCH SIGN MAY BE INCORPORATED INTO
ANOTHER SIGN PROVIDED THAT THE LETTERS ARE AT LEAST TWO INCHES HIGH AND
HAVE A STROKE OF AT LEAST ONE-HALF INCH.
6. Every person who shall write any auto body repair estimate on
behalf of a motor vehicle repair shop, whether registered or not, must
hold a valid estimator's license for such purpose issued by the commis-
sioner. The form and manner of applying for such license shall be
prescribed by regulation to be promulgated by the commissioner. The
commissioner shall in the commissioner's discretion establish criteria
for the issuing of such license. Each application for the license
required hereunder shall be accompanied by an application fee of twen-
ty-five dollars which shall in no event be refunded. If an application
is approved by the commissioner, upon payment by the applicant of the
additional fee of one hundred fifty dollars, the applicant shall be
granted such license which shall be valid for a period of three years.
The renewal fee for any license issued pursuant to this subdivision
shall be one hundred fifty dollars.
[5-a] 7. All the provisions of section three hundred ninety-eight-f
of article twelve-A of this chapter shall apply to the provisions of
subdivision [five] SIX of this section with the same force and effect as
if the language of those provisions had been incorporated in full into
subdivision [five] SIX of this section and had expressly referred to the
term collision estimator licensee, except that the term "certificate of
registration" shall be read as "estimator's license" and the term
"registrant" as "licensee".
[6] 8. (a) In addition to the requirements of subdivision one of this
section, if an inflatable restraint system is replaced, the motor vehi-
cle repair shop shall state on the repair invoice the name and tax iden-
tification number from whom such replacement inflatable restraint system
was purchased. The vehicle repair shop shall, in the case of any
salvaged inflatable restraint system installed, also state on the repair
invoice the vehicle dismantler's registration number, the vehicle iden-
tification number of the vehicle from which the inflatable restraint
system was salvaged and the part number of the salvaged inflatable
restraint system. The insurer and the consumer shall receive a copy of
the purchase invoice for such replacement inflatable restraint systems.
S. 903 5
(b) An inflatable system which has been activated in a crash or stolen
shall be replaced only with an inflatable restraint system newly manu-
factured for first-time use.
(c) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, an inflatable restraint system may be replaced by one salvaged and
sold by a vehicle dismantler registered pursuant to section four hundred
fifteen-a of this chapter, provided, however, that the salvaged inflata-
ble restraint system has been sold in accordance with the provisions of
section four hundred fifteen-c of this chapter.
(d) Notwithstanding any other provisions of law to the contrary, a
consumer has the right to seek installation of a salvaged inflatable
restraint system as provided in paragraph (c) of this subdivision,
provided however, nothing shall require any facility to install a
salvaged inflatable restraint system. A salvage installation shall only
be done with the specific authorization of the customer. The invoice
must prominently state, "Salvage inflatable restraint system." No other
terms such as "used" or "as is" shall be used. The invoice must clearly
state the terms of the warranty or guarantee, if given, or state "No
warranty or guarantee given." A salvaged inflatable restraint system
must be of the exact same type as the unit with which the vehicle was
originally equipped.
(e) On and after March first, nineteen hundred ninety-nine, in no case
shall any inflatable restraint system be replaced with anything other
than a newly manufactured inflatable restraint system or a salvaged
inflatable restraint system certified according to standards established
by a nationally recognized testing, engineering and research body as
provided for in subdivision two of section four hundred fifteen-c of
this chapter.
[7] 9. Each motor vehicle repair shop which either removes or installs
inflatable restraint systems shall maintain a log book containing the
following information: (a) the date of installation, (b) the vehicle
identification number, license plate number, and make and model of the
repaired vehicle, (c) the replacement inflatable restraint system's part
number, (d) in the case of a salvaged inflatable restraint system, (1)
the vehicle identification number of the vehicle from which the replace-
ment inflatable restraint system was salvaged, and (2) the name, tax
identification number, and registration number of the automobile
dismantler from whom such salvaged inflatable restraint system was
purchased, (e) in the case of a new replacement inflatable restraint
system, the name and tax identification number of the supplier. Such
records shall be maintained in a manner and form prescribed by the
commissioner. Upon request of an agent of the commissioner or of any
police officer and during its regular and usual business hours, the
motor vehicle repair shop shall produce such records and permit said
agent or police officer to examine them.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.