§ 398-d. Motor vehicle repair shop requirements. 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 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 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 replacement 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 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.

3. 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.

4. (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 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
withstanding 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. 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
commissioner. 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
twenty-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. 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 of this section with the same force and effect as if
the language of those provisions had been incorporated in full into
subdivision five 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. (a) In addition to the requirements of subdivision one of this
section, if an inflatable restraint system is replaced, the motor
vehicle repair shop shall state on the repair invoice the name and tax
identification 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
identification 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.

(b) An inflatable system which has been activated in a crash or stolen
shall be replaced only with an inflatable restraint system newly
manufactured for first-time use.

(c) Notwithstanding the provisions of paragraph (b) of this
subdivision, 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 inflatable 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. 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
replacement 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.