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.
              

                                                           LBD01841-01-9

A. 1165                             2

replacement  inflatable  restraint  systems.   Any such inspection by an
insurer shall be made in a manner consistent with  the  requirements  of
sections  two  thousand  six hundred one and three thousand four hundred
eleven  of  the  insurance law.   ANY SUCH INSPECTION BY A LIENHOLDER OR
REPRESENTATIVE OF A LIENHOLDER SHALL BE PERFORMED AT THE  MOTOR  VEHICLE
REPAIR SHOP PERFORMING THE REPAIRS 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.  FAILURE OF A LIENHOLDER
TO INSPECT A MOTOR VEHICLE WITHIN SAID THREE BUSINESS DAY  PERIOD  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.  The  motor  vehicle
repair  shop  shall  make available to the customer, upon timely written
demand, or for such work authorized over the telephone, shall keep until
the customer's motor vehicle is retrieved, all  replaced  parts,  compo-
nents or equipment excepting any parts, components or equipment normally
sold on an exchange basis or subject to a warranty.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.