Do you support this bill?

Assembly Bill A1165

2009-2010 Legislative Session

Allows lienholders to inspect repairs on motor vehicles

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2009-A1165 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง398-d, V & T L

2009-A1165 (ACTIVE) - Summary

Provides that lienholders shall be allowed to inspect repairs made at a motor vehicle repair shop; said inspection to be made within three business days of receipt by the lienholder of written notice, sent certified mail, that the motor vehicle repair shop has completed the repairs; provides that failure to inspect within three days shall constitute a waiver of the lienholder's right of inspection, such lienholder's approval of all repairs and consent by the lienholder to the endorsement on its behalf by the repairer of any check or draft issued by an insurer as payment for such repairs.

2009-A1165 (ACTIVE) - Bill Text download pdf 

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

                                  1165

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to requiring  a
  lienholder to inspect motor vehicles after repair at the motor vehicle
  repair shop making the repairs

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

  Section 1. Subdivision 1 of section 398-d of the vehicle  and  traffic
law,  as  amended by chapter 161 of the laws of 1996, is amended to read
as follows:
  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 eigh-
teen 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 OR HER representative OR A  REPRESENTATIVE  OF  A
LIENHOLDER REGARDING SUCH MOTOR VEHICLE or a representative of an insur-
ance 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 warran-
ty or exchange parts from the right of inspection  shall  not  apply  to

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.