S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7789--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  protecting
  motor vehicle owners and small businesses in repairing motor vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
article 12-D to read as follows:
                              ARTICLE 12-D
                           RIGHT TO REPAIR ACT
SECTION 399-P. DEFINITIONS.
        399-Q. REPAIR OF MOTOR VEHICLES.
  S  399-P. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING DEFINITIONS:
  1. "FRANCHISED MOTOR VEHICLE DEALER" SHALL MEAN ANY PERSON REQUIRED TO
BE REGISTERED PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF  THIS  CHAPTER
WHICH  HAS  BEEN  GRANTED  A  FRANCHISE AS DEFINED IN SUBDIVISION SIX OF
SECTION FOUR HUNDRED SIXTY-TWO OF THIS CHAPTER.
  2. "FAIR AND REASONABLE TERMS" SHALL MEAN THAT IN DETERMINING  WHETHER
A PRICE IS ON "FAIR AND REASONABLE TERMS," CONSIDERATION MAY BE GIVEN TO
RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
  (A)  THE  NET  COST  TO  THE MANUFACTURER'S FRANCHISED DEALERSHIPS FOR
SIMILAR INFORMATION OBTAINED FROM  MANUFACTURERS,  LESS  ANY  DISCOUNTS,
REBATES, OR OTHER INCENTIVE PROGRAMS.
  (B)  THE  COST  TO THE MANUFACTURER FOR PREPARING AND DISTRIBUTING THE
INFORMATION, EXCLUDING ANY RESEARCH AND DEVELOPMENT  COSTS  INCURRED  IN
DESIGNING  AND  IMPLEMENTING, UPGRADING OR ALTERING THE ONBOARD COMPUTER
AND ITS SOFTWARE OR ANY OTHER VEHICLE PART OR COMPONENT. AMORTIZED CAPI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11272-03-4
              

A. 7789--A                          2

TAL COSTS FOR THE PREPARATION AND DISTRIBUTION OF THE INFORMATION MAY BE
INCLUDED.
  (C) THE PRICE CHARGED BY OTHER MANUFACTURERS FOR SIMILAR INFORMATION.
  (D)  THE  PRICE CHARGED BY MANUFACTURERS FOR SIMILAR INFORMATION PRIOR
TO THE LAUNCH OF MANUFACTURER WEB SITES.
  (E) THE ABILITY OF AFTERMARKET TECHNICIANS  OR  SHOPS  TO  AFFORD  THE
INFORMATION.
  (F) THE MEANS BY WHICH THE INFORMATION IS DISTRIBUTED.
  (G)  THE  EXTENT  TO WHICH THE INFORMATION IS USED, WHICH INCLUDES THE
NUMBER OF USERS, AND FREQUENCY, DURATION, AND VOLUME OF USE.
  (H) INFLATION.
  3. "IMMOBILIZER SYSTEM" SHALL MEAN AN ELECTRONIC DEVICE  DESIGNED  FOR
THE  SOLE PURPOSE OF PREVENTING THE THEFT OF A MOTOR VEHICLE BY PREVENT-
ING THE MOTOR VEHICLE IN WHICH IT IS INSTALLED FROM STARTING WITHOUT THE
CORRECT ACTIVATION OR AUTHORIZATION CODE.
  4. "MOTOR VEHICLE REPAIR SHOP" SHALL MEAN ANY PERSON WHO, FOR  COMPEN-
SATION,  IS  WHOLLY OR PARTIALLY ENGAGED IN THE BUSINESS OF REPAIRING OR
DIAGNOSING MOTOR VEHICLE MALFUNCTIONS OR REPAIRING MOTOR VEHICLE BODIES,
FENDERS OR OTHER COMPONENTS DAMAGED BY  ACCIDENT  OR  OTHERWISE,  EXCEPT
THAT SUCH TERM DOES NOT INCLUDE:
  (A)  AN  EMPLOYEE  OF  A  MOTOR VEHICLE REPAIR SHOP WHO ENGAGES IN THE
BUSINESS OF REPAIRING MOTOR VEHICLES SOLELY BY REASON OF HIS EMPLOYMENT;
  (B) ANY PERSON WHO IS SOLELY ENGAGED IN THE BUSINESS OF REPAIRING  THE
MOTOR VEHICLES OF A SINGLE COMMERCIAL OR INDUSTRIAL ESTABLISHMENT, OR OF
THE FEDERAL, STATE OR LOCAL GOVERNMENT OR ANY AGENCY THEREOF;
  (C)  ANY  PERSON  WHOSE ACTIVITIES CONSIST SOLELY OF FUELING, CHANGING
OIL, WATER, BATTERIES OR TIRES, REPLACING FAN BELTS, AIR FILTERS OR  OIL
FILTERS,  INSTALLING  WINDSHIELD  WIPER  BLADES  OR LIGHT BULBS, OR SUCH
OTHER MINOR REPAIR AND SERVICING FUNCTIONS AS THE COMMISSIONER SHALL  BY
RULE PRESCRIBE; OR
  (D)  ANY  PERSON  SOLELY  ENGAGED IN THE BUSINESS OF REPAIRING FARM OR
ROAD BUILDING MACHINES, OR SUCH OTHER UTILITY VEHICLES  AS  THE  COMMIS-
SIONER MAY BY REGULATION DESIGNATE.
  5.  "MANUFACTURER"  SHALL  MEAN  ANY PERSON OR BUSINESS ENGAGED IN THE
BUSINESS OF MANUFACTURING OR ASSEMBLING NEW MOTOR VEHICLES.
  6. "MOTOR VEHICLE" SHALL HAVE THE SAME  MEANING  AS  THE  TERM  "MOTOR
VEHICLES" AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
  7.  "OWNER" SHALL MEAN A PERSON OR BUSINESS WHO OWNS OR LEASES A MOTOR
VEHICLE REGISTERED IN THIS STATE.
  8. "TRADE SECRET" SHALL MEAN ANYTHING, TANGIBLE OR INTANGIBLE OR ELEC-
TRONICALLY STORED OR KEPT, WHICH CONSTITUTES, REPRESENTS,  EVIDENCES  OR
RECORDS  INTELLECTUAL  PROPERTY  INCLUDING SECRET OR CONFIDENTIALLY HELD
DESIGNS, PROCESSES, PROCEDURES, FORMULAS, INVENTIONS,  OR  IMPROVEMENTS,
OR  SECRET  OR CONFIDENTIALLY HELD SCIENTIFIC, TECHNICAL, MERCHANDISING,
PRODUCTION, FINANCIAL, BUSINESS OR MANAGEMENT INFORMATION,  OR  ANYTHING
WITHIN THE DEFINITION OF 18 U.S.C. S 1839(3).
  S  399-Q. REPAIR OF MOTOR VEHICLES. 1. (A) EXCEPT AS PROVIDED IN PARA-
GRAPH (C) OF THIS SUBDIVISION, FOR MODEL YEAR 2002  MOTOR  VEHICLES  AND
THEREAFTER,  A  MANUFACTURER  OF MOTOR VEHICLES SOLD IN THIS STATE SHALL
MAKE AVAILABLE FOR PURCHASE BY OWNERS OF MOTOR VEHICLES MANUFACTURED  BY
SUCH  MANUFACTURER AND BY MOTOR VEHICLE REPAIR SHOPS THE SAME DIAGNOSTIC
AND REPAIR INFORMATION, INCLUDING REPAIR TECHNICAL  UPDATES,  THAT  SUCH
MANUFACTURER  MAKES  AVAILABLE TO ITS DEALERS THROUGH THE MANUFACTURER'S
INTERNET-BASED DIAGNOSTIC AND REPAIR INFORMATION SYSTEM OR  OTHER  ELEC-
TRONICALLY  ACCESSIBLE  MANUFACTURER'S  REPAIR  INFORMATION  SYSTEM. ALL
CONTENT IN ANY SUCH MANUFACTURER'S REPAIR INFORMATION  SYSTEM  SHALL  BE

A. 7789--A                          3

MADE  AVAILABLE  TO OWNERS AND TO MOTOR VEHICLE REPAIR SHOPS IN THE SAME
FORM AND MANNER AND TO THE SAME EXTENT AS IS MADE AVAILABLE  TO  DEALERS
UTILIZING  SUCH  DIAGNOSTIC AND REPAIR INFORMATION SYSTEM. EACH MANUFAC-
TURER  SHALL PROVIDE ACCESS TO SUCH MANUFACTURER'S DIAGNOSTIC AND REPAIR
INFORMATION SYSTEM FOR PURCHASE BY OWNERS AND MOTOR VEHICLE REPAIR SHOPS
ON A DAILY, MONTHLY AND YEARLY SUBSCRIPTION  BASIS  AND  UPON  FAIR  AND
REASONABLE TERMS.
  (B)  ANY  MANUFACTURER  THAT  SELLS ANY DIAGNOSTIC, SERVICE, OR REPAIR
INFORMATION TO ANY MOTOR  VEHICLE  REPAIR  SHOP  OR  OTHER  THIRD  PARTY
PROVIDER  IN A FORMAT THAT IS STANDARDIZED WITH OTHER MANUFACTURERS, AND
ON TERMS AND CONDITIONS MORE FAVORABLE THAN THE MANNER AND THE TERMS AND
CONDITIONS PURSUANT TO WHICH THE DEALER  OBTAINS  THE  SAME  DIAGNOSTIC,
SERVICE  OR  REPAIR  INFORMATION, SHALL BE PROHIBITED FROM REQUIRING ANY
DEALER TO CONTINUE PURCHASING DIAGNOSTIC, SERVICE, OR REPAIR INFORMATION
IN A PROPRIETARY FORMAT, UNLESS SUCH PROPRIETARY FORMAT  INCLUDES  DIAG-
NOSTIC,  SERVICE,  REPAIR  OR DEALERSHIP OPERATIONS INFORMATION OR FUNC-
TIONALITY THAT IS NOT AVAILABLE IN SUCH STANDARDIZED FORMAT.
  (C)(I) FOR  MODEL  YEAR  2002  MOTOR  VEHICLES  AND  THEREAFTER,  EACH
MANUFACTURER  OF  MOTOR VEHICLES SOLD IN THIS STATE SHALL MAKE AVAILABLE
FOR PURCHASE BY OWNERS AND MOTOR VEHICLE  REPAIR  SHOPS  ALL  DIAGNOSTIC
REPAIR  TOOLS  INCORPORATING  THE  SAME  DIAGNOSTIC, REPAIR AND WIRELESS
CAPABILITIES THAT SUCH MANUFACTURER MAKES AVAILABLE TO ITS DEALERS. SUCH
TOOLS SHALL INCORPORATE THE SAME  FUNCTIONAL  REPAIR  CAPABILITIES  THAT
SUCH  MANUFACTURER  MAKES  AVAILABLE TO DEALERS. EACH MANUFACTURER SHALL
OFFER SUCH TOOLS FOR SALE TO OWNERS AND TO MOTOR  VEHICLE  REPAIR  SHOPS
UPON FAIR AND REASONABLE TERMS.
  (II)(1)  ANY  DIAGNOSTIC  TOOL  OR  INFORMATION NECESSARY TO DIAGNOSE,
SERVICE OR REPAIR A MOTOR VEHICLE THAT A MANUFACTURER SELLS TO ANY MOTOR
VEHICLE REPAIR SHOP IN A MANNER AND ON TERMS AND CONDITIONS MORE FAVORA-
BLE THAN THE MANNER AND THE TERMS AND CONDITIONS PURSUANT TO  WHICH  THE
DEALER  OBTAINS  THE  SAME  DIAGNOSTIC  TOOL OR INFORMATION NECESSARY TO
DIAGNOSE, SERVICE OR REPAIR A MOTOR VEHICLE, SHALL ALSO  BE  OFFERED  TO
THE  DEALER  IN  THE SAME MANNER AND ON THE SAME TERMS AND CONDITIONS AS
PROVIDED TO SUCH MOTOR VEHICLE REPAIR SHOP.
  (2) ANY MANUFACTURER THAT SELLS TO ANY MOTOR VEHICLE REPAIR  SHOP  ANY
DIAGNOSTIC TOOL NECESSARY TO DIAGNOSE, SERVICE OR REPAIR A MOTOR VEHICLE
AND  SUCH  DIAGNOSTIC  TOOL COMMUNICATES WITH THE VEHICLE USING THE SAME
NON-PROPRIETARY INTERFACE USED BY OTHER MANUFACTURERS, THE  MANUFACTURER
DELIVERING  SUCH  DIAGNOSTIC TOOL SHALL BE PROHIBITED FROM REQUIRING ANY
DEALER FROM CONTINUING TO PURCHASE THAT MANUFACTURER'S PROPRIETARY  TOOL
AND  INTERFACE  UNLESS  SUCH  PROPRIETARY INTERFACE HAS A CAPABILITY NOT
AVAILABLE IN THE NON-PROPRIETARY INTERFACE.
  (III) EACH MANUFACTURER SHALL PROVIDE DIAGNOSTIC REPAIR INFORMATION TO
EACH AFTER MARKET SCAN TOOL COMPANY AND EACH THIRD PARTY SERVICE  INFOR-
MATION  PROVIDER  WITH  WHOM THE MANUFACTURER HAS APPROPRIATE LICENSING,
CONTRACTUAL OR CONFIDENTIALITY AGREEMENTS FOR THE SOLE PURPOSE OF BUILD-
ING AFTERMARKET DIAGNOSTIC TOOLS AND  THIRD  PARTY  SERVICE  INFORMATION
PUBLICATIONS  AND  SYSTEMS.  ONCE  A MANUFACTURER MAKES SUCH INFORMATION
AVAILABLE PURSUANT TO THIS SECTION, THE MANUFACTURER  SHALL  HAVE  FULLY
SATISFIED  ITS  OBLIGATIONS  UNDER  THIS  SECTION  AND THEREAFTER NOT BE
RESPONSIBLE FOR THE CONTENT AND FUNCTIONALLY OF  AFTERMARKET  DIAGNOSTIC
TOOLS OR SERVICE INFORMATION SYSTEMS.
  2.  (A) COMMENCING IN MODEL YEAR 2018, EXCEPT AS PROVIDED IN PARAGRAPH
(C) OF THIS SUBDIVISION, MANUFACTURERS OF MOTOR VEHICLES  SOLD  IN  THIS
STATE SHALL PROVIDE ACCESS TO THEIR ONBOARD DIAGNOSTIC AND REPAIR INFOR-
MATION  SYSTEM,  AS  REQUIRED UNDER THIS SECTION, USING AN OFF-THE-SHELF

A. 7789--A                          4

PERSONAL COMPUTER WITH SUFFICIENT MEMORY, PROCESSOR SPEED,  CONNECTIVITY
AND OTHER CAPABILITIES AS SPECIFIED BY THE VEHICLE MANUFACTURER AND: (I)
A NON-PROPRIETARY VEHICLE INTERFACE DEVICE THAT COMPLIES WITH THE SOCIE-
TY OF AUTOMOTIVE ENGINEERS SAE J2534, THE INTERNATIONAL STANDARDS ORGAN-
IZATIONS  ISO 22900 OR ANY SUCCESSOR TO SAE J2534 OR ISO 22900 AS MAY BE
ACCEPTED OR PUBLISHED BY THE SOCIETY  OF  AUTOMOTIVE  ENGINEERS  OR  THE
INTERNATIONAL  STANDARDS  ORGANIZATIONS; OR, (II) AN ON-BOARD DIAGNOSTIC
AND REPAIR INFORMATION SYSTEM  INTEGRATED  AND  ENTIRELY  SELF-CONTAINED
WITHIN  THE  VEHICLE  INCLUDING, BUT NOT LIMITED TO, SERVICE INFORMATION
SYSTEMS INTEGRATED INTO AN ONBOARD  DISPLAY,  OR  (III)  A  SYSTEM  THAT
PROVIDES  DIRECT  ACCESS  TO  ON-BOARD DIAGNOSTIC AND REPAIR INFORMATION
THROUGH A NON-PROPRIETARY VEHICLE INTERFACE SUCH AS ETHERNET,  UNIVERSAL
SERIAL  BUS  OR  DIGITAL VERSATILE DISC. EACH MANUFACTURER SHALL PROVIDE
ACCESS TO THE SAME ON-BOARD DIAGNOSTIC AND REPAIR INFORMATION  AVAILABLE
TO  THEIR DEALERS, INCLUDING TECHNICAL UPDATES TO SUCH ON-BOARD SYSTEMS,
THROUGH SUCH NON-PROPRIETARY INTERFACES AS REFERENCED IN THIS PARAGRAPH.
  (A-1) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE  A  DEALER
TO  USE  THE  NON-PROPRIETARY  VEHICLE INTERFACE (I.E., SAE J2534 OR ISO
22900 VEHICLE INTERFACE DEVICE)  SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  NOR SHALL THIS ARTICLE BE CONSTRUED TO PROHIBIT A MANUFAC-
TURER FROM DEVELOPING A PROPRIETARY VEHICLE DIAGNOSTIC AND REPROGRAMMING
DEVICE, PROVIDED THAT (I) THE MANUFACTURER ALSO COMPLIES WITH  PARAGRAPH
(A)  OF  THIS  SUBDIVISION,  AND  (II)  THE MANUFACTURER ALSO MAKES THIS
DEVICE AVAILABLE TO MOTOR VEHICLE REPAIR SHOPS UPON FAIR AND  REASONABLE
TERMS, AND OTHERWISE COMPLIES WITH PARAGRAPH (A) OF THIS SUBDIVISION.
  (B)  NO MANUFACTURER SHALL BE PROHIBITED FROM MAKING PROPRIETARY TOOLS
AVAILABLE TO DEALERS IF SUCH TOOLS ARE FOR A SPECIFIC SPECIALIZED  DIAG-
NOSTIC  OR REPAIR PROCEDURE DEVELOPED FOR THE SOLE PURPOSE OF A CUSTOMER
SERVICE CAMPAIGN MEETING THE REQUIREMENTS SET OUT IN 49  CFR  579.5,  OR
PERFORMANCE OF A SPECIFIC TECHNICAL SERVICE BULLETIN OR RECALL AFTER THE
VEHICLE  WAS  PRODUCED,  AND  WHERE  ORIGINAL  VEHICLE  DESIGN  WAS  NOT
ORIGINALLY INTENDED FOR DIRECT  INTERFACE  THROUGH  THE  NON-PROPRIETARY
INTERFACE  SET  OUT  IN  PARAGRAPH (A) OF THIS SUBDIVISION. PROVISION OF
SUCH PROPRIETARY TOOLS UNDER  THIS  PARAGRAPH  SHALL  NOT  CONSTITUTE  A
VIOLATION  OF  THIS  ARTICLE  EVEN  IF  SUCH TOOLS PROVIDE FUNCTIONS NOT
AVAILABLE THROUGH THE INTERFACE SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  PROVIDED  SUCH PROPRIETARY TOOLS ARE ALSO AVAILABLE TO THE
AFTERMARKET UPON FAIR AND REASONABLE TERMS. NOTHING IN THIS  SUBDIVISION
SHALL  AUTHORIZE MANUFACTURERS TO EXCLUSIVELY DEVELOP PROPRIETARY TOOLS,
WITHOUT A NON-PROPRIETARY EQUIVALENT AS SET FORTH IN  PARAGRAPH  (A)  OF
THIS  SUBDIVISION, FOR DIAGNOSTIC OR REPAIR PROCEDURES THAT FALL OUTSIDE
THE PROVISIONS OF THIS SUBDIVISION OR TO OTHERWISE OPERATE IN  A  MANNER
INCONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
  (C)  MANUFACTURERS  OF  MOTOR  VEHICLES SOLD IN THIS STATE MAY EXCLUDE
DIAGNOSTIC, SERVICE AND REPAIR INFORMATION NECESSARY TO RESET AN IMMOBI-
LIZER SYSTEM OR SECURITY-RELATED  ELECTRONIC  MODULES  FROM  INFORMATION
PROVIDED  TO  OWNERS  AND  MOTOR VEHICLE REPAIR SHOPS. IF EXCLUDED UNDER
THIS PARAGRAPH, THE INFORMATION NECESSARY TO RESET AN IMMOBILIZER SYSTEM
OR SECURITY-RELATED ELECTRONIC MODULES SHALL BE OBTAINED BY  OWNERS  AND
MOTOR  VEHICLE REPAIR SHOPS THROUGH THE SECURE DATA RELEASE MODEL SYSTEM
AS CURRENTLY USED BY THE NATIONAL AUTOMOTIVE SERVICE TASK FORCE OR OTHER
KNOWN, RELIABLE AND ACCEPTED SYSTEMS.
  (D) WITH THE EXCEPTION OF TELEMATICS DIAGNOSTIC AND REPAIR INFORMATION
THAT IS PROVIDED TO DEALERS, NECESSARY TO DIAGNOSE AND REPAIR A  CUSTOM-
ER'S VEHICLE, AND NOT OTHERWISE AVAILABLE TO A MOTOR VEHICLE REPAIR SHOP
VIA  THE  TOOLS SPECIFIED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION,

A. 7789--A                          5

NOTHING IN THIS ARTICLE SHALL APPLY TO TELEMATICS SERVICES OR ANY  OTHER
REMOTE  OR INFORMATION SERVICE, DIAGNOSTIC OR OTHERWISE, DELIVERED TO OR
DERIVED FROM THE VEHICLE BY MOBILE  COMMUNICATIONS;  PROVIDED,  HOWEVER,
THAT NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO ABROGATE A TELEMATICS
SERVICES OR OTHER CONTRACT THAT EXISTS BETWEEN A MANUFACTURER OR SERVICE
PROVIDER,  A  MOTOR  VEHICLE OWNER, AND/OR A DEALER. FOR THE PURPOSES OF
THIS CHAPTER, TELEMATICS SERVICES SHALL INCLUDE, BUT NOT BE LIMITED  TO,
AUTOMATIC  AIRBAG DEPLOYMENT AND CRASH NOTIFICATION, REMOTE DIAGNOSTICS,
NAVIGATION, STOLEN VEHICLE LOCATION, REMOTE  DOOR  UNLOCK,  TRANSMITTING
EMERGENCY  AND  VEHICLE  LOCATION INFORMATION TO PUBLIC SAFETY ANSWERING
POINTS AS WELL AS ANY OTHER SERVICE INTEGRATING VEHICLE  LOCATION  TECH-
NOLOGY  AND  WIRELESS  COMMUNICATIONS.  NOTHING  IN  THIS  ARTICLE SHALL
REQUIRE A MANUFACTURER OR A DEALER TO DISCLOSE TO ANY PERSON THE IDENTI-
TY OF EXISTING CUSTOMERS OR CUSTOMER LISTS.
  3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE A MANUFACTUR-
ER TO DIVULGE A TRADE SECRET.
  4. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW OR  ANY  RULE  OR  REGU-
LATION  TO  THE  CONTRARY,  NO  PROVISION IN THIS ARTICLE SHALL BE READ,
INTERPRETED OR CONSTRUED TO  ABROGATE,  INTERFERE  WITH,  CONTRADICT  OR
ALTER  THE TERMS OF ANY PROVISION OF ARTICLE SEVENTEEN-A OF THIS CHAPTER
OR THE TERMS OF ANY FRANCHISE AGREEMENT EXECUTED AND IN FORCE BETWEEN  A
DEALER AND A MANUFACTURER INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE
OR  PROVISION OF WARRANTY OR RECALL REPAIR WORK BY A DEALER ON BEHALF OF
A MANUFACTURER PURSUANT TO SUCH FRANCHISE AGREEMENT; PROVIDED,  HOWEVER,
THAT  ANY  PROVISION  IN  SUCH  A  FRANCHISE AGREEMENT THAT PURPORTS THE
WAIVE, AVOID, RESTRICT OR LIMIT A MANUFACTURER'S  COMPLIANCE  WITH  THIS
ARTICLE SHALL BE VOID AND UNENFORCEABLE.
  5. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE MANUFACTURERS
OR  DEALERS  TO  PROVIDE AN OWNER OR MOTOR VEHICLE REPAIR SHOP ACCESS TO
NON-DIAGNOSTIC AND REPAIR INFORMATION PROVIDED BY A  MANUFACTURER  TO  A
DEALER,  OR  BY  A  DEALER  TO A MANUFACTURER PURSUANT TO THE TERMS OF A
FRANCHISE AGREEMENT.
  6. (A) IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE  AVAILABLE  UNDER
LAW,  A  VIOLATION OF THIS CHAPTER SHALL BE DEEMED TO BE A DECEPTIVE ACT
OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE IN VIOLATION OF  SECTION
THREE HUNDRED FORTY-NINE OF THE GENERAL BUSINESS LAW.
  (B)  A MOTOR VEHICLE REPAIR SHOP OR OWNER WHO BELIEVES THAT A MANUFAC-
TURER HAS FAILED TO PROVIDE INFORMATION OR A TOOL REQUIRED BY THIS ARTI-
CLE MUST NOTIFY THE MANUFACTURER IN WRITING THROUGH THE NATIONAL AUTOMO-
TIVE SERVICE TASK FORCE (NASTF) SERVICE INFORMATION REQUEST  PROCESS  OR
ITS  SUCCESSOR ORGANIZATION OR PROCESS, AND GIVE THE MANUFACTURER THIRTY
DAYS FROM THE TIME THE MANUFACTURER RECEIVES THE COMPLAINT TO  CURE  THE
FAILURE.  IF THE MANUFACTURER CURES SAID COMPLIANT WITHIN THE CURE PERI-
OD, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES IN ANY  SUBSEQUENT  LITI-
GATION.
  (C)  IF THE MANUFACTURER FAILS TO RESPOND TO THE NOTICE PROVIDED HERE-
IN, OR IF A MOTOR VEHICLE REPAIR SHOP OR OWNER IS NOT SATISFIED WITH THE
MANUFACTURER'S CURE, THE MOTOR VEHICLE REPAIR SHOP OR OWNER MAY  FILE  A
COMPLAINT  IN  A  COURT  OF COMPETENT JURISDICTION. SUCH COMPLAINT SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:  (I)  WRITTEN  INFORMATION
CONFIRMING  THAT  THE  COMPLAINANT HAS VISITED THE RELEVANT MANUFACTURER
WEBSITE AND ATTEMPTED TO EFFECT A PROPER  REPAIR  UTILIZING  INFORMATION
PROVIDED  ON SUCH WEBSITE, INCLUDING COMMUNICATION WITH CUSTOMER ASSIST-
ANCE VIA THE MANUFACTURER'S TOLL-FREE CALL-IN ASSISTANCE, IF MADE AVAIL-
ABLE BY SUCH MANUFACTURER; (II) WRITTEN INFORMATION CONFIRMING THAT  THE
COMPLAINANT  HAS  OBTAINED AND UTILIZED THE RELEVANT MANUFACTURER'S SCAN

A. 7789--A                          6

OR DIAGNOSTIC TOOL NECESSARY FOR SUCH  REPAIR;  AND  (III)  EVIDENCE  OF
MANUFACTURER NOTIFICATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  EXCEPT  IN THE INSTANCE OF A DISPUTE ARISING BETWEEN A FRANCHISOR
MANUFACTURER AND ITS FRANCHISEE DEALER RELATED TO EITHER PARTY'S COMPLI-
ANCE WITH AN EXISTING  FRANCHISE  AGREEMENT  WHICH  IS  REQUIRED  TO  BE
RESOLVED PURSUANT TO ARTICLE SEVENTEEN-A OF THIS CHAPTER, A DEALER SHALL
HAVE  ALL  THE  RIGHTS AND REMEDIES PROVIDED IN THIS ARTICLE, INCLUDING,
BUT NOT LIMITED TO, IN THE INSTANCE WHEN EXERCISING RIGHTS AND  REMEDIES
AS ALLOWED AS A MOTOR VEHICLE REPAIR SHOP UNDER ARTICLE TWELVE-A OF THIS
TITLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.