S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2378
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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  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:
 
   Section  1.  Subdivisions  1 and 2 of section 398-d of the vehicle and
 traffic law, subdivision 1 as amended by chapter 161 of the laws of 1996
 and subdivision 2 as amended by chapter 173 of the  laws  of  1990,  are
 amended and a new subdivision 2-a is added to read as follows:
   1.  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 eigh-
 teen 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.    IF
 ANY  PARTS SUPPLIED ARE UNDER WARRANTY, SUCH INVOICE SHALL CLEARLY STATE
 THAT FACT, AND A COPY OF THE WORK ORDER INFORMATION AND WARRANTY OF SUCH
 PART SHALL BE DISPLAYED ON SUCH INVOICE. 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
 motor  vehicle. Such right of inspection shall also include the right to
 inspect all replaced parts and components thereof,  except  warranty  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01736-01-3
              

 S. 2378                             2
 
 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.
   2.  [Upon  the request of any customer, a] 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 consent of such customer. 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 vehicle 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.
   2-A.  A  VIOLATION  OF SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE
 PUNISHABLE BY A FINE OF FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION,  ONE
 THOUSAND  DOLLARS  FOR A SECOND VIOLATION, AND ONE THOUSAND FIVE HUNDRED
 DOLLARS FOR A THIRD AND ANY SUBSEQUENT VIOLATION.
   § 2. This act shall take effect immediately.