NY State Senate Bill 2009-S903

Senate Bill S903

2009-2010 Legislative Session

Imposes stricter requirements upon motor vehicle repair shops with respect to the disclosure of information to consumers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 21, 2009	referred to transportation

2009-S903 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §398-d, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S1949

2009-S903 (ACTIVE) - Summary

Imposes extensive and detailed requirements upon motor vehicle repair shops in the conduct of their business with the public with respect to disclosure of labor charges on estimates and invoices, including the cost of tear down time, the use of reconditioned parts, information regarding the requirements for the exercise of any guarantees and the right of the customer to copies of service records and purchase orders for parts.

2009-S903 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S903

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to motor
vehicle repair shop requirements


 PURPOSE OR GENERAL IDEA OF BILL :
To strengthen the existing statutory requirements regarding motor
vehicle repair shop practices; to address the problems of unnecessary
car repairs and maintenance, faulty repairs and overcharging that have
caused a lack of public confidence and trust in the repair industry.

 SUMMARY OF SPECIFIC PROVISIONS :
Under the bill, a description of the labor charges must appear on the
estimate and invoice. Where the labor charge was based on a flat rate
calculation, the estimate and invoice shall indicate the manual used.
The invoice must also disclose whether any part and/or service is
covered by a warranty or guarantee and the duration of the coverage.
Additionally, an explanation must also be provided as to what the
customer must do for the guarantee to be honored. Furthermore, the
invoice must indicate whether rebuilt or reconditioned parts were
supplied.  The bill also establishes the right to a teardown estimate
upon request, which would include the cost of the teardown, the price
for putting the vehicle or component back together again and the time
involved in doing the work. On the estimate, an explanation must

appear as to what services or repairs deviate from the service
schedule by the factory or accepted trade standards and a disclosure
as to whether any work will be performed by any other repair shop. A
description of current consumer rights regarding requesting an
estimate, inspection of replaced parts and an explanation of the
complaint process including the applicable statute of limitations
shall be posted in the repair shop and on the invoice. Under the bill,
when a repair shop issues a service or maintenance schedule to a
customer recommending specific products or services, the service
schedule must be appropriate for the make and model of the customer's
motor vehicle. Finally, the bill stipulates that customers have a
right to copies of service records, parts and purchase orders upon
payment of a reasonable duplication fee.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Section 398-d of the Vehicle and Traffic Law is amended.

 JUSTIFICATION :
Unnecessary car repairs and maintenance services continue to be a
major source of consumer complaints. The National Highway Traffic
Safety Administration estimated ten years ago that consumers lost over
$20 billion annually on unnecessary car repairs.  It is estimated that
nearly 40 cents of every dollar spent on car repairs was wasted. The
Center for Auto Safety concluded in 1990 that the findings of the
National Highway Traffic Safety Administration were still accurate.
Additionally, these type of complaints are among the top five consumer
problems identified by the National Association for Consumer Agency
Administrators and the Consumer Federation of America. Each year the
Consumer Protection Board, the Department of Motor Vehicles ~d the
Attorney General are flooded with consumer complaints.  A US News and
World Report survey found that many dealers routinely sell far more
maintenance services than cars require, including unnecessary
inspections, lubrications, adjustments, fluid replacement and unneeded
spark plug and filter changes. This costs car owners thousands of
dollars over the years of automobile ownership. In the investigation,
approximately 80 percent of the service centers performed a list or
schedule of services longer than the manufacturer's and 63 percent
replaced parts that the factory said did not need to be replaced.


Frequently, service shops surreptitiously substitute their own
elaborate service schedule for the factory's.  While currently there
are some remedies, most consumers are unaware of their rights.
Although the existing statute requires that written estimates be
furnished at the customer's request and prohibits charges greater than
estimated without the customer's consent, many consumers do not know
that they have the right to an estimate. Due to the lack of any
provision in the current statute, consumers are also uninformed about
the right to inspect replaced parts, the complaint process and the
short period of time within which customers must file complaints.
Thus, many victims of unfair and illegal treatment fail to file a
report with the DMV in a timely fashion. Moreover, customers
frequently cannot secure work and part orders and other records
important to the diagnosis of their vehicle for an arbitration
proceeding or lawsuit despite the fact that the repair shops are
mandated by the DMV to maintain such records for a period of at least
two years.  The unfavorable publicity and surveys adversely affect the
reputation of .honest shop operators. The provisions of this bill
would not inflict undue hardship on honest repair shop owners. The
reputations of the many reputable business people would be protected
from the actions of the unscrupulous, who employ misleading
advertising, charge for repairs not made or not needed and charge
excessive prices for work actually performed.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S903 (ACTIVE) - Bill Text download pdf

                            
                    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.

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