NY State Senate Bill 2023-S8890

Senate Bill S8890

2023-2024 Legislative Session

Establishes standards for glass repair and calibration of advanced driver assistance systems

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection 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
Mar 25, 2024	referred to consumer protection

2023-S8890 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §392-k, Gen Bus L

2023-S8890 (ACTIVE) - Summary

Establishes standards for glass repair and calibration of advanced driver assistance systems for motor vehicle glass repair facilities.

2023-S8890 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8890

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the general business law, in relation to establishing
standards for glass repair and calibration of advanced driver assistance
systems

 
PURPOSE:

The purpose of this bill is to provide important consumer protections
for the replacement and recalibration of automotive safety glass.

 
SUMMARY OF PROVISIONS:

Section 1 includes new requirements for motor vehicle glass repair and
replacement.

*Defines "advanced driver assistance system," "calibrate or recali-
brate," "motor vehicle glass repair facility," "motor vehicle glass,"
and "repair or replacement of damaged motor vehicle glass."

*Requires that certain information and notifications be provided to
consumers prior to motor vehicle glass repair.

*Requires certain requirements for calibration and recalibration of
motor vehicle glass Repair or replacement.

*Provides for a civil penalty of $2,500 for violations.

Section 2 is the effective date.

 
JUSTIFICATION:

Technology advancements make replacing car windshields a highly techni-
cal process as today's cars have more cameras and other sensors in their
windshields. When those windshields need to be replaced, they also must
be properly "recalibrated" to ensure the sensors are properly working.
Today, each new motor vehicle is equipped with an ADAS safety feature.
ADAS stands for Advanced driver-assistance systems (ADm), which are
electronic systems in a vehicle that use advanced technologies to assist
the driver.

If a windshield on a new car is replaced improperly - if it is not
recalibrated the consequences can be catastrophic for the future opera-
tion of that vehicle. An error in recalibrating the cameras and sensors
of just one millimeter can result in a serious, life-threatening acci-
dent.

This bill would require that consumers be provided with pertinent infor-
mation regarding the type of work being done for motor vehicle glass
repair or replacement and whether a recalibration of ADAS is required
and whether or not a motor vehicle repair facility can calibrate or
recalibrate the vehicle's ADAS to manufacturer' s specifications.

If a motor vehicle glass repair facility cannot perform the ADAS cali-
bration or recalibration, then they must inform the consumer in writing
that the recalibration was not successful or was not performed and that
the vehicle should betaken to a facility that is capable of performing
the calibration or recalibration. This bill does not prohibit a motor
vehicle glass repair facility from repairing or replacing motor vehicle
glass.

 
LEGISLATIVE HISTORY:

New Bill

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8890 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8890
 
                             I N  S E N A T E
 
                              March 25, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in  relation  to  establishing
   standards  for glass repair and calibration of advanced driver assist-
   ance systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   §  392-K.  MOTOR VEHICLE GLASS REPAIR AND REPLACEMENT; CALIBRATION AND
 RECALIBRATION OF ADVANCED DRIVER ASSISTANCE  SYSTEMS;  CONSUMER  DISCLO-
 SURE.    1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ADVANCED DRIVER ASSISTANCE SYSTEM" SHALL MEAN ANY  MOTOR  VEHICLE
 ELECTRONIC  SAFETY  SYSTEM,  INCLUDING,  BUT  NOT LIMITED TO SENSORS AND
 CAMERAS, AS OUTLINED IN THE MOST RECENT PUBLICATION OF THE SAE  INTERNA-
 TIONAL'S  SAE  J3016  LEVELS  OF DRIVING AUTOMATION THAT ARE DESIGNED TO
 SUPPORT BOTH THE DRIVER AND MOTOR VEHICLE IN A MANNER INTENDED TO:
   (I) INCREASE MOTOR VEHICLE SAFETY; AND
   (II) REDUCE LOSSES ASSOCIATED WITH MOTOR VEHICLE CRASHES.
   (B) "CALIBRATE" OR "RECALIBRATE" SHALL MEAN TO INSTRUCT A MOTOR  VEHI-
 CLE'S  ADVANCED  DRIVER ASSISTANCE SYSTEM, INCLUDING INTERNAL COMPUTERS,
 TO READJUST TARGETED CAMERAS, SENSORS, OR OTHER TECHNOLOGIES TO FUNCTION
 PROPERLY IN ACCORDANCE WITH THE MOTOR VEHICLE'S MANUFACTURER  SPECIFICA-
 TIONS.
   (C)  "MOTOR  VEHICLE  GLASS  REPAIR  FACILITY"  SHALL MEAN ANY PERSON,
 INCLUDING THE PERSON'S  EMPLOYEES  AND  AGENTS  THAT  FOR  CONSIDERATION
 ENGAGES  IN THE REPAIR OR REPLACEMENT OF DAMAGED SAFETY GLASS AS DEFINED
 IN SUBDIVISION FOURTEEN OF SECTION THREE  HUNDRED  SEVENTY-FIVE  OF  THE
 VEHICLE AND TRAFFIC LAW.
   (D)  "MOTOR  VEHICLE  GLASS"  SHALL MEAN THE GLASS AND NON-GLASS PARTS
 ASSOCIATED WITH THE REPLACEMENT OF THE GLASS  USED  IN  THE  WINDSHIELD,
 DOOR OR WINDOWS AND THE GLASS, PLASTIC, OR OTHER MATERIALS USED IN VEHI-
 CLE GLASS MANUFACTURING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14875-01-4
 S. 8890                             2
 
   (E)  "REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHICLE GLASS" SHALL MEAN
 INSPECTING, REPAIRING, RESTORING, OR  REPLACING  DAMAGED  MOTOR  VEHICLE
 GLASS  AND  CALIBRATING  OR  RECALIBRATING AN ADVANCED DRIVER ASSISTANCE
 SYSTEM WHEN AN INCIDENT REQUIRES THE REPLACEMENT OF MOTOR VEHICLE GLASS.
   (F)  "SAE  J3016"  SHALL  MEAN  THE TAXONOMY AND DEFINITIONS FOR TERMS
 RELATED  TO  DRIVING  AUTOMATION  SYSTEMS  FOR  ON-ROAD  MOTOR  VEHICLES
 PUBLISHED BY SAE INTERNATIONAL IN APRIL TWO THOUSAND TWENTY-ONE.
   2. REQUIREMENTS. IF A MOTOR VEHICLE IS EQUIPPED WITH AN ADVANCED DRIV-
 ER  ASSISTANCE  SYSTEM,  A MOTOR VEHICLE GLASS REPAIR SHOP THAT CONDUCTS
 SAFETY GLASS OR MOTOR VEHICLE  GLASS  REPAIR,  REPLACEMENT,  OR  RECALI-
 BRATION SHALL INFORM THE CONSUMER:
   (A)  IF  A  RECALIBRATION  OF THE ADVANCED DRIVER SYSTEM ASSISTANCE IS
 REQUIRED; AND
   (B) IF A RECALIBRATION OF THE ADVANCED  DRIVER  ASSISTANCE  SYSTEM  IS
 PERFORMED  THAT  SUCH SYSTEM SHALL MEET THE MOTOR VEHICLE'S MANUFACTURER
 SPECIFICATIONS.
   3. NOTIFICATION. (A) A  MOTOR  VEHICLE  GLASS  REPAIR  FACILITY  SHALL
 PROVIDE  TO  CONSUMERS AN ITEMIZED DESCRIPTION OF THE WORK TO BE DONE ON
 THE MOTOR VEHICLE.
   (B) A MOTOR VEHICLE GLASS REPAIR FACILITY SHALL  NOT  REPRESENT  TO  A
 CONSUMER THAT THE COST OF A REPAIR, REPLACEMENT OR CALIBRATION OR RECAL-
 IBRATION  SHALL BE PAID FOR ENTIRELY BY THE CONSUMER'S INSURER AND AT NO
 COST TO THE CONSUMER UNLESS THE COST OF THE REPAIR,  REPLACEMENT,  CALI-
 BRATION  OR RECALIBRATION IS FULLY COVERED AS PROVIDED BY THE CONSUMER'S
 INSURANCE POLICY.
   (C) A MOTOR VEHICLE GLASS REPAIR FACILITY SHALL NOT  CONTRACT  WITH  A
 PERSON  FOR  A  REPAIR  OR  REPLACEMENT OF DAMAGED SAFETY GLASS OR MOTOR
 VEHICLE GLASS UNTIL THE MOTOR VEHICLE GLASS REPAIR SHOP HAS  RECEIVED  A
 CLAIM OR REFERRAL NUMBER FOR INSURANCE COVERED DAMAGE.
   (D)  PRIOR  TO  FINALIZING A CONTRACT FOR REPAIR WITH A CONSUMER FOR A
 REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHICLE GLASS,  A  MOTOR  VEHICLE
 GLASS REPAIR FACILITY SHALL NOTIFY SUCH CONSUMER:
   (I)  WHETHER  SUCH  MOTOR  VEHICLE  HAS  AN ADVANCED DRIVER ASSISTANCE
 SYSTEM;
   (II) WHETHER THE CALIBRATION OR RECALIBRATION OF THE  MOTOR  VEHICLE'S
 ADVANCED DRIVER ASSISTANCE SYSTEM IS REQUIRED TO:
   (1) MAKE THE ADVANCED DRIVER ASSISTANCE SYSTEM OPERABLE; AND
   (2)  ENSURE  THAT  THE  REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHICLE
 GLASS IS PERFORMED IN A MANNER THAT  MEETS  THE  VEHICLE  MANUFACTURER'S
 SPECIFICATIONS;
   (III) WHETHER THE MOTOR VEHICLE GLASS REPAIR FACILITY CAN CALIBRATE OR
 RECALIBRATE THE ADVANCED DRIVER ASSISTANCE SYSTEM IN A MANNER THAT MEETS
 THE MOTOR VEHICLE'S MANUFACTURERS SPECIFICATIONS; AND
   (IV)  IF  THE  MOTOR  VEHICLE  GLASS REPAIR FACILITY IS NOT CAPABLE OF
 PERFORMING A CALIBRATION OR RECALIBRATION AS REFERENCED  IN  SUBDIVISION
 THREE  OF  THIS  SECTION,  THAT THE MOTOR VEHICLE SHOULD BE TAKEN TO THE
 VEHICLE'S MANUFACTURER CERTIFIED DEALERSHIP OR  A  QUALIFIED  SPECIALIST
 CAPABLE  OF  PERFORMING  THE CALIBRATION OR RECALIBRATION THAT MEETS THE
 VEHICLE'S MANUFACTURER SPECIFICATIONS.
   4. UNSUCCESSFUL RECALIBRATION. IF A RECALIBRATION WAS NOT PERFORMED OR
 NOT COMPLETED SUCCESSFULLY, THE  MOTOR  VEHICLE  GLASS  REPAIR  FACILITY
 SHALL  INFORM  THE CONSUMER AND THE CONSUMER'S INSURER ELECTRONICALLY OR
 IN WRITING  THAT  THE  RECALIBRATION  WAS  NOT  SUCCESSFUL  OR  WAS  NOT
 PERFORMED  AND  THAT  THE  MOTOR VEHICLE SHOULD BE TAKEN TO A FRANCHISED
 MOTOR VEHICLE DEALER OR A MOTOR VEHICLE GLASS REPAIR FACILITY CAPABLE OF
 PERFORMING THE  CALIBRATION  OR  RECALIBRATION  OF  AN  ADVANCED  DRIVER
 S. 8890                             3
 
 ASSISTANCE SYSTEM THAT MEETS THE MOTOR VEHICLE MANUFACTURER'S SPECIFICA-
 TIONS.
   5.  RECALIBRATION  REQUIREMENTS. A MOTOR VEHICLE GLASS REPAIR FACILITY
 THAT CONDUCTS A CALIBRATION, RECALIBRATION OR  REPLACEMENT  ON  A  MOTOR
 VEHICLE EQUIPPED WITH AN ADVANCED DRIVER SYSTEM SHALL:
   (A)  SHALL  RECALIBRATE  THE ADVANCED DRIVER ASSISTANCE SYSTEM TO MEET
 SUCH MOTOR VEHICLE'S MANUFACTURER SPECIFICATIONS; AND
   (B) IS NOT LIMITED TO SAFETY GLASS  OR  MOTOR  VEHICLE  GLASS,  TOOLS,
 EQUIPMENT,  OR  REPAIR  PROCEDURES  DICTATED OR RECOMMENDED BY THE MOTOR
 VEHICLE MANUFACTURER TO MEET SUCH MOTOR VEHICLE'S MANUFACTURER  SPECIFI-
 CATIONS.
   6.  BILLING.  A  MOTOR VEHICLE GLASS REPAIR FACILITY SHALL NOT BILL OR
 CHARGE THE CONSUMER OR THE CONSUMER'S INSURER FOR SAFETY GLASS OR  MOTOR
 VEHICLE GLASS REPAIR, REPLACEMENT, CALIBRATION OR RECALIBRATION SERVICES
 THAT  ARE  NOT PERFORMED IN ACCORDANCE WITH THE MOTOR VEHICLE'S MANUFAC-
 TURER SPECIFICATIONS.
   7. PENALTIES. A MOTOR VEHICLE GLASS REPAIR FACILITY THAT VIOLATES  THE
 PROVISIONS OF THIS SECTION SHALL BE LIABLE FOR A PENALTY OF TWO THOUSAND
 FIVE HUNDRED DOLLARS PER OCCURRENCE.
   § 2. This act shall take effect immediately.

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