Assembly Bill A1359

2021-2022 Legislative Session

Requires compliance with collision repair guidelines and service bulletins issued by vehicle or original equipment manufacturers

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A1359 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §398-d, V & T L; amd §3411, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8050
2023-2024: A210

2021-A1359 (ACTIVE) - Summary

Provides that in the repair of a collision damaged motor vehicle, no motor vehicle repair shop or insurer shall deviate from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer without the written authorization from the vehicle owner or such owner's representative.

2021-A1359 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1359
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI, STIRPE, LUPARDO -- read once and
   referred to the Committee on Insurance
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation  to requiring compliance with collision repair guidelines and
   service bulletins issued by vehicle or original equipment  manufactur-
   ers

   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 is amended  by
 adding a new subdivision 8 to read as follows:
   8.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, NO MOTOR
 VEHICLE REPAIR SHOP SHALL DEVIATE FROM THE COLLISION REPAIR  GUIDELINES,
 PROCEDURES, RECOMMENDATIONS AND SERVICE BULLETINS ISSUED BY A VEHICLE OR
 ORIGINAL  EQUIPMENT  MANUFACTURER  IN  THE REPAIR OF A COLLISION DAMAGED
 VEHICLE WITHOUT THE WRITTEN AUTHORIZATION FROM THE VEHICLE OWNER OR  THE
 VEHICLE OWNER'S AUTHORIZED REPRESENTATIVE.
   § 2. Subsection (n) of section 3411 of the insurance law is relettered
 subsection (o) and a new subsection (n) is added to read as follows:
   (N) NO INSURER SHALL DIRECTLY OR INDIRECTLY REQUIRE THE DEVIATION FROM
 THE COLLISION REPAIR GUIDELINES, PROCEDURES, RECOMMENDATIONS AND SERVICE
 BULLETINS  ISSUED BY A VEHICLE OR ORIGINAL EQUIPMENT MANUFACTURER IN THE
 REPAIR OF A COLLISION DAMAGED VEHICLE WITHOUT THE WRITTEN  AUTHORIZATION
 FROM  THE  VEHICLE  OWNER  OR  THE  VEHICLE OWNER'S REPRESENTATIVE. IF A
 REPAIR PROCEDURE OR SPECIFICATION FROM A VEHICLE OR  ORIGINAL  EQUIPMENT
 MANUFACTURER  INCLUDES A DIRECTIVE TO CONDUCT A SCAN, CALIBRATION, DIAG-
 NOSTIC TEST OF VEHICLE ELECTRONIC SYSTEMS BEFORE OR AFTER THE  COMMENCE-
 MENT  OF  REPAIRS, SUCH DIRECTIVE SHALL BE CONSIDERED AS A REQUIRED PART
 OF THE REPAIR PROCEDURE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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