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A01385 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1385
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by M. of A. SIMON -- read once and referred 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:
 
     1    Section  1.  Subdivisions  1 and 2 of section 398-d of the vehicle and
     2  traffic law, subdivision 1 as amended by chapter 161 of the laws of 1996
     3  and subdivision 2 as amended by chapter 173 of the  laws  of  1990,  are
     4  amended and a new subdivision 2-a is added to read as follows:
     5    1.  All  work done by a motor vehicle repair shop shall be recorded on
     6  an invoice and shall describe all service work done and parts  supplied.
     7  If  any  used  parts  are supplied, the invoice shall clearly state that
     8  fact. If any component system installed is  composed  of  new  and  used
     9  parts, such invoice shall clearly state that fact. If any body parts are
    10  supplied to a vehicle with a gross vehicle weight not in excess of eigh-
    11  teen thousand pounds, the invoice shall clearly state whether such parts
    12  were  manufactured  as original equipment parts for the vehicle, or were
    13  manufactured as non-original replacement parts or are used  parts.    If
    14  any  parts supplied are under warranty, such invoice shall clearly state
    15  that fact, and a copy of the work order information and warranty of such
    16  part shall be displayed on such invoice. One copy of the  invoice  shall
    17  be  given  to  the  customer and one copy shall be retained by the motor
    18  vehicle repair shop. For the  purposes  of  insuring  that  the  repairs
    19  described  on  the  work invoice have been performed, every customer and
    20  [his] such customer's representative or a representative of an insurance
    21  company where such company has paid or is liable  to  pay  a  claim  for
    22  damage  to  such  customer's motor vehicle shall have a right to inspect
    23  the repaired motor vehicle. Such right of inspection shall also  include
    24  the  right  to inspect all replaced parts and components thereof, except
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02196-02-5

        A. 1385                             2
 
     1  warranty or exchange parts. Provided, however, the exception for warran-
     2  ty or exchange parts from the right of inspection  shall  not  apply  to
     3  replacement  inflatable  restraint  systems.  Any  such inspection by an
     4  insurer  shall  be  made in a manner consistent with the requirements of
     5  sections two thousand six hundred one and three  thousand  four  hundred
     6  eleven  of  the  insurance law. The motor vehicle repair shop shall make
     7  available to the customer, upon timely written demand, or for such  work
     8  authorized  over  the  telephone,  shall keep until the customer's motor
     9  vehicle is  retrieved,  all  replaced  parts,  components  or  equipment
    10  excepting  any  parts,  components  or  equipment  normally  sold  on an
    11  exchange basis or subject to a warranty.
    12    2. [Upon the request of any customer, a] A motor vehicle  repair  shop
    13  shall make an estimate in writing of the parts and labor necessary for a
    14  specific  job  and  shall not charge for work done or parts supplied [in
    15  excess of the estimate] without the consent of such customer. The  motor
    16  vehicle  repair shop may charge a reasonable fee for making an estimate.
    17  If any body parts are included in the estimate  for  a  vehicle  with  a
    18  gross  vehicle  weight  not  in  excess of eighteen thousand pounds, the
    19  estimate shall clearly state whether such  parts  were  manufactured  as
    20  original  equipment  parts for the vehicle, or were manufactured as non-
    21  original replacement parts or are used parts.
    22    2-a. A violation of subdivision one or two of this  section  shall  be
    23  punishable  by a fine of five hundred dollars for a first violation, one
    24  thousand dollars for a second violation, and one thousand  five  hundred
    25  dollars for a third and any subsequent violation.
    26    § 2. This act shall take effect immediately.
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