senate Bill S290

Requires that motor vehicle repair shops provide certain information regarding work guarantees

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Requires that motor vehicle repair shop invoices provide certain information regarding work guarantees stating the terms and time limits of any guarantee for repair work performed; also requires that if no guarantee is provided, the invoice must state such fact.

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Bill Details

See Assembly Version of this Bill:
A5093
Versions:
S290
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง398-d, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1218, A2168
2009-2010: S1750, A8037
2007-2008: A7297

Sponsor Memo

BILL NUMBER:S290

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to repair work
guarantees

PURPOSE OR GENERAL IDEA OF BILL:
The bill required that the invoice provided by the motor vehicle
repair shop shall conspicuously set forth the terms and time limit of
any guarantee for the repair work performed. Where no guarantee is
given, the invoice shall so state.

SUMMARY OF SPECIFIC PROVISIONS:
Section 398-d of the vehicle and traffic law is amended by adding a
new subdivision 8. This bill extends the product warranty concept
embodied in the Uniform Commercial Code and extends this to labor and
parts (fit for ordinary purposes) which would be warranted for three
months, three thousand miles, whichever comes first.

JUSTIFICATION:
New Yorkers spend billions of dollars annually toward automobile
repairs The estimate in the United States from faulty automobile
repair work is approximately three billion dollars and many New
Yorkers are victimized as a result of such practices. This bill will
ensure consumers receive the labor and parts for which they are
paying through a warranty.

PRIOR LEGISLATIVE HISTORY:
This legislation has been previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of January next succeeding the date on which it shall have
become a law.

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

                                   290

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to repair  work
  guarantees

  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 8 to read as follows:
  8.  (A)  THE  INVOICE  PROVIDED  BY  THE  MOTOR VEHICLE REPAIR SHOP IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION SHALL CONSPICUOUSLY  SET
FORTH  THE  TERMS  AND  TIME  LIMIT OF ANY GUARANTEE FOR THE REPAIR WORK
PERFORMED. WHERE NO GUARANTEE IS GIVEN, THE INVOICE SHALL SO STATE.
  (B) THE INVOICE SHALL FURTHER CONTAIN A STATEMENT TO THE  EFFECT  THAT
COMPLAINTS   REGARDING  THE  FUNCTIONAL  ADEQUACY  OF  THE  REPAIR  WORK
PERFORMED MAY BE DIRECTED TO THE DEPARTMENT, BUT IN NO EVENT LATER  THAN
NINETY  DAYS  OR  THREE  THOUSAND  MILES  OF THE REPAIR, WHICHEVER COMES
FIRST.
  (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT
OR ABRIDGE ANY STATUTORY OR OTHER RIGHT OR REMEDY OF A CONSUMER  AT  LAW
OR IN EQUITY.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01988-01-3

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