S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    75
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, STIRPE, HUNTER, COOK, SAYEGH, DINOW-
   ITZ, LUPARDO, GLICK, WILLIAMS, McMAHON -- read once  and  referred  to
   the Committee on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
   relation to requiring types of replacement crash parts used in automo-
   bile collision repairs be disclosed  to  vehicle  owners  and  written
   authorization to use specified parts be obtained prior to installation
 
   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 2-a to read as follows:
   2-A. (A) NO MOTOR VEHICLE REPAIR SHOP SHALL USE OR INSTALL ANY TYPE OR
 TYPES  OF  REPLACEMENT CRASH PARTS FOR THE REPAIR OF A COLLISION DAMAGED
 VEHICLE WITHOUT DISCLOSING THE TYPE OR TYPES OF REPLACEMENT CRASH  PARTS
 TO  THE  VEHICLE  OWNER OR THE VEHICLE OWNER'S AUTHORIZED REPRESENTATIVE
 AND OBTAINING WRITTEN AUTHORIZATION THEREFROM. THE  FOLLOWING  "REPLACE-
 MENT  CRASH PARTS NOTICE AND AUTHORIZATION FORM", REPRODUCED IN 12 POINT
 TYPE OR LARGER, SHALL BE ATTACHED TO A  COPY  OF  THE  COLLISION  REPAIR
 ESTIMATE AND SHALL BE SIGNED BY THE VEHICLE OWNER OR THE VEHICLE OWNER'S
 AUTHORIZED  REPRESENTATIVE  PRIOR TO THE USE OR INSTALLATION OF ANY SUCH
 PARTS:
            REPLACEMENT CRASH PARTS NOTICE AND AUTHORIZATION FORM
   NOTICE TO CONSUMER:
         1.  "REPLACEMENT CRASH PARTS" ARE THE PARTS WHICH ARE  TYPICALLY
              REPLACED  DURING  THE  REPAIR  OF  A DAMAGED VEHICLE. THESE
              PARTS ARE MADE OF SHEET METAL, PLASTIC, FIBERGLASS OR SIMI-
              LAR MATERIAL, INCLUDING  A  DOOR,  FENDER,  PANEL,  BUMPER,
              HOOD,  FLOOR  OR  TRUNK  LID,  BUT NOT INCLUDING WINDOWS OR
              HUBCAPS, AND CONSTITUTE OR PROVIDE SUPPORT  FOR  THE  MOTOR
              VEHICLE'S EXTERIOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00798-01-5
 A. 75                               2
 
         2.  THE  TYPE(S)  OF  REPLACEMENT  CRASH  PARTS  LISTED  ON YOUR
              ESTIMATE/REPAIR ORDER # (COPY ATTACHED) ARE FROM THE  CATE-
              GORIES CHECKED BELOW.
         3.  WARRANTIES FOR THE TYPE(S) OF REPLACEMENT PARTS LISTED BELOW
              ARE  PROVIDED  BY  THE  MANUFACTURER  OR DISTRIBUTOR OF THE
              REPLACEMENT PARTS.   WARRANTY  COVERAGE  VARIES.  ASK  YOUR
              INSURER  OR  COLLISION  REPAIR  PROFESSIONAL  FOR SPECIFIC,
              WRITTEN WARRANTY  INFORMATION.  ADDITIONAL  WARRANTIES  FOR
              REPLACEMENT CRASH PARTS WILL BE PROVIDED BY              .
         4.  REPLACEMENT CRASH PARTS TYPES:
         ( )  NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM) REPLACEMENT CRASH
              PARTS:  PARTS WHICH ARE MADE BY THE VEHICLE MANUFACTURER OR
              ONE OF ITS LICENSEES AND  DISTRIBUTED  THROUGH  ITS  NORMAL
              CHANNELS.  THESE  PARTS  MAINTAIN  THE  OEM VEHICLE FACTORY
              WARRANTY FOR THE REPLACED PARTS AND ANY OTHER ADJOINING  OR
              ASSOCIATED OEM PART OR SYSTEMS.
         ( )  NEW  AFTERMARKET  REPLACEMENT CRASH PARTS:  PARTS WHICH ARE
              MADE BY COMPANIES OTHER THAN THE  VEHICLE  MANUFACTURER  OR
              ITS  LICENSEE.  ALL PARTS IN THIS CATEGORY ARE WARRANTED BY
              THE DISTRIBUTOR AND/OR MANUFACTURER OF THESE PARTS.
         ( )  RECYCLED/RECYCLABLE REPLACEMENT CRASH PARTS:    USED  PARTS
              WHICH  HAVE BEEN REMOVED FROM ANOTHER VEHICLE. ALL PARTS IN
              THIS CATEGORY ARE WARRANTED BY THE SALVAGE VENDOR.
         ( )  RE-MANUFACTURED REPLACEMENT CRASH PARTS:  PARTS WHICH  HAVE
              BEEN  RETURNED  TO  LIKE-NEW CONDITION BY REPAIRING, RE-MA-
              CHINING OR RE-BUILDING. ALL  PARTS  IN  THIS  CATEGORY  ARE
              WARRANTED BY THE RE-MANUFACTURER OF THE PART.
   I  UNDERSTAND  THAT  MY  VEHICLE  WILL  BE  REPAIRED  USING  THE PARTS
 DESCRIBED ABOVE, AND I AUTHORIZE THE REPAIR SHOP TO INSTALL THOSE PARTS.
    _____________________________________     ____________________
               CUSTOMER SIGNATURE              DATE
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  ONLY  NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM) REPLACEMENT CRASH
 PARTS MAY BE USED ON ANY VEHICLE DURING THE YEAR OF MANUFACTURE AND  FOR
 THE  TWO SUCCEEDING YEARS THEREAFTER, OR FOR THE DURATION OF THE VEHICLE
 MANUFACTURER'S NEW-VEHICLE AND/OR SHEET-METAL OR  BODY  PARTS  WARRANTY,
 WHICHEVER IS LONGER.
   § 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 USE OR INSTAL-
 LATION  OF ANY TYPE OR TYPES OF REPLACEMENT CRASH PART FOR THE REPAIR OF
 A COLLISION DAMAGED VEHICLE, WITHOUT DISCLOSING THE  TYPE  OR  TYPES  OF
 REPLACEMENT  CRASH  PARTS  TO  THE  VEHICLE OWNER OR THE VEHICLE OWNER'S
 AUTHORIZED REPRESENTATIVE, AS PROVIDED IN SUBDIVISION TWO-A  OF  SECTION
 THREE  HUNDRED  NINETY-EIGHT-D  OF THE VEHICLE AND TRAFFIC LAW. IN ADDI-
 TION, ONLY NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM)  REPLACEMENT  CRASH
 PARTS  MAY BE USED ON ANY VEHICLE DURING THE YEAR OF MANUFACTURE AND FOR
 TWO SUCCEEDING YEARS THEREAFTER, OR FOR  THE  DURATION  OF  THE  VEHICLE
 MANUFACTURER'S  NEW  VEHICLE  AND/OR SHEET-METAL OR BODY PARTS WARRANTY,
 WHICHEVER IS LONGER. IN THE EVENT REPLACEMENT CRASH PARTS  ARE  USED  OR
 INSTALLED WHICH ARE OTHER THAN NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM)
 REPLACEMENT  CRASH  PARTS,  AND  SUCH  PARTS ARE ILL-FITTING AND REQUIRE
 ADDITIONAL LABOR AND MATERIALS IN THEIR INSTALLATION OR USE, THE INSURER
 SHALL BE RESPONSIBLE FOR THE COST OF SUCH ADDITIONAL LABOR  AND  MATERI-
 ALS.
 A. 75                               3

   §  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 immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.