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A06943 Summary:

BILL NOA06943B
 
SAME ASSAME AS S04879-B
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Add §392-k, Gen Bus L
 
Establishes standards for glass repair and calibration of advanced driver assistance systems for motor vehicle glass repair facilities.
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A06943 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6943--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2025
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on  Consumer  Affairs  and  Protection  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee

        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:
 
     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    §  392-k.  Motor vehicle glass repair and replacement; calibration and
     4  recalibration of advanced driver assistance  systems;  consumer  disclo-
     5  sure.    1. Definitions. For the purposes of this section, the following
     6  terms shall have the following meanings:
     7    (a) "Advanced driver assistance system" shall mean any  motor  vehicle
     8  electronic  safety  system,  including,  but  not limited to sensors and
     9  cameras, as outlined in the most recent publication of the SAE  Interna-
    10  tional's  SAE  J3016  levels  of driving automation that are designed to
    11  support both the driver and motor vehicle in a manner intended to:
    12    (i) increase motor vehicle safety; and
    13    (ii) reduce losses associated with motor vehicle crashes.
    14    (b) "Calibrate" or "Recalibrate" shall mean to instruct a motor  vehi-
    15  cle's  advanced  driver assistance system, including internal computers,
    16  to readjust targeted cameras, sensors, or other technologies to function
    17  properly in accordance with the motor vehicle's manufacturer  specifica-
    18  tions.
    19    (c)  "Motor  vehicle  glass  repair  facility"  shall mean any person,
    20  including the person's  employees  and  agents  that  for  consideration
    21  engages  in the repair or replacement of damaged safety glass as defined
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09393-04-5

        A. 6943--B                          2
 
     1  in subdivision fourteen of section three  hundred  seventy-five  of  the
     2  vehicle and traffic law.
     3    (d)  "Motor  vehicle  glass"  shall mean the glass and non-glass parts
     4  associated with the replacement of the glass  used  in  the  windshield,
     5  door or windows and the glass, plastic, or other materials used in vehi-
     6  cle glass manufacturing.
     7    (e)  "Repair or replacement of damaged motor vehicle glass" shall mean
     8  inspecting, repairing, restoring, or  replacing  damaged  motor  vehicle
     9  glass  and  calibrating  or  recalibrating an advanced driver assistance
    10  system when an incident requires the replacement of motor vehicle glass.
    11    (f) "SAE J3016" shall mean the  Taxonomy  and  Definitions  for  Terms
    12  Related  to  Driving  Automation  Systems  for  On-Road  Motor  Vehicles
    13  published by SAE International in April two thousand twenty-one.
    14    2. Requirements. If a motor vehicle is equipped with an advanced driv-
    15  er assistance system, a motor vehicle glass repair  shop  that  conducts
    16  safety  glass  or  motor  vehicle  glass repair, replacement, or recali-
    17  bration shall inform the consumer:
    18    (a) if a recalibration of the advanced  driver  assistance  system  is
    19  required; and
    20    (b)  if  a  recalibration  of the advanced driver assistance system is
    21  performed that such system shall meet the motor  vehicle's  manufacturer
    22  specifications.
    23    3.  Notification.  (a)  A  motor  vehicle  glass repair facility shall
    24  provide to consumers an itemized description of the work to be  done  on
    25  the motor vehicle.
    26    (b)  A  motor  vehicle  glass repair facility shall not represent to a
    27  consumer that the cost of a repair, replacement or calibration or recal-
    28  ibration shall be paid for entirely by the consumer's insurer and at  no
    29  cost  to  the consumer unless the cost of the repair, replacement, cali-
    30  bration or recalibration is fully covered as provided by the  consumer's
    31  insurance policy.
    32    (c)  A  motor  vehicle glass repair facility shall not contract with a
    33  person for a repair or replacement of  damaged  safety  glass  or  motor
    34  vehicle  glass  until the motor vehicle glass repair shop has received a
    35  claim or referral number for insurance covered damage.
    36    (d) Prior to finalizing a contract for repair with a  consumer  for  a
    37  repair  or  replacement  of damaged motor vehicle glass, a motor vehicle
    38  glass repair facility shall notify such consumer:
    39    (i) whether such motor  vehicle  has  an  advanced  driver  assistance
    40  system;
    41    (ii)  whether  the calibration or recalibration of the motor vehicle's
    42  advanced driver assistance system is required to:
    43    (1) make the advanced driver assistance system operable; and
    44    (2) ensure that the repair or replacement  of  damaged  motor  vehicle
    45  glass  is  performed  in  a manner that meets the vehicle manufacturer's
    46  specifications;
    47    (iii) whether the motor vehicle glass repair facility can calibrate or
    48  recalibrate the advanced driver assistance system in a manner that meets
    49  the motor vehicle's manufacturers specifications; and
    50    (iv) if the motor vehicle glass repair  facility  is  not  capable  of
    51  performing  a  calibration or recalibration as referenced in subdivision
    52  three of this section, that the motor vehicle should  be  taken  to  the
    53  vehicle's  manufacturer  certified  dealership or a qualified specialist
    54  capable of performing the calibration or recalibration  that  meets  the
    55  vehicle's manufacturer specifications.

        A. 6943--B                          3
 
     1    4. Unsuccessful recalibration. If a recalibration was not performed or
     2  not  completed  successfully,  the  motor  vehicle glass repair facility
     3  shall inform the consumer and the consumer's insurer  electronically  or
     4  in  writing  that  the  recalibration  was  not  successful  or  was not
     5  performed  and  that  the  motor vehicle should be taken to a franchised
     6  motor vehicle dealer or a motor vehicle glass repair facility capable of
     7  performing the  calibration  or  recalibration  of  an  advanced  driver
     8  assistance system that meets the motor vehicle manufacturer's specifica-
     9  tions.
    10    5.  Recalibration  requirements. A motor vehicle glass repair facility
    11  that conducts a calibration, recalibration or  replacement  on  a  motor
    12  vehicle equipped with an advanced driver assistance system shall:
    13    (a)  shall  recalibrate  the advanced driver assistance system to meet
    14  such motor vehicle's manufacturer specifications; and
    15    (b) is not limited to safety glass  or  motor  vehicle  glass,  tools,
    16  equipment,  or  repair  procedures  dictated or recommended by the motor
    17  vehicle manufacturer to meet such motor vehicle's manufacturer  specifi-
    18  cations.
    19    6.  Billing.  A  motor vehicle glass repair facility shall not bill or
    20  charge the consumer or the consumer's insurer for safety glass or  motor
    21  vehicle glass repair, replacement, calibration or recalibration services
    22  that  are  not performed in accordance with the motor vehicle's manufac-
    23  turer specifications.
    24    7. Assignment of benefits. (a) No motor vehicle glass repair  facility
    25  shall  include  an  assignment  of  benefits  provision for a consumer's
    26  insurance policy in any  agreement  with  such  consumer  or  require  a
    27  consumer  to  sign an assignment of benefits agreement as a condition of
    28  repairing or replacing damaged motor vehicle glass.
    29    (b) Any contract entered in violation of  this  subdivision  shall  be
    30  void and unenforceable.
    31    (c)  Nothing  in  this  subdivision  shall  be construed to prohibit a
    32  consumer from authorizing or directing payment to, or  paying,  a  motor
    33  vehicle glass repair facility for repair or replacement of damaged motor
    34  vehicle glass covered under an insurance policy.
    35    8. Inducement. No motor vehicle glass repair facility or agent thereof
    36  shall  offer a rebate, gift, gift card, cash, coupon, fee, prize, bonus,
    37  payment, incentive, inducement, or any  other  thing  of  value  to  any
    38  consumer in exchange for directing or making a claim under a motor vehi-
    39  cle  insurance policy for a repair or replacement of damaged motor vehi-
    40  cle glass.
    41    9. Penalties. A motor vehicle glass repair facility that violates  the
    42  provisions of this section shall be liable for a penalty of two thousand
    43  five hundred dollars per occurrence.
    44    § 2. This act shall take effect immediately.
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