S T A T E O F N E W Y O R K
________________________________________________________________________
6483
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
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Introduced by M. of A. TOWNS, ALESSI, COOK, ROBINSON, MAISEL, ROSENTHAL,
MILLMAN, SPANO -- Multi-Sponsored by -- M. of A. BURLING, ERRIGO,
GOTTFRIED, GREENE, HIKIND, JOHN, WEISENBERG -- read once and referred
to the Committee on Transportation
AN ACT to amend the general business law, in relation to mandating auto-
mobile manufacturers to release vehicle repair information to vehicle
owners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "motor vehicle owners' right to repair act of 2009".
S 2. Legislative findings. The legislature finds that the ability to
diagnose, service, and repair a motor vehicle in a timely, reliable, and
affordable manner is essential to the safety and well-being of automo-
tive consumers in the state of New York. Consumers are entitled to
choose among competing repair facilities for the convenient, reliable,
and affordable repair of their motor vehicles. Increased competition
among repair facilities will benefit vehicle owners in this state.
Computers of various kinds are increasingly being used in motor vehicle
systems, such as pollution control, transmission, antilock brakes, elec-
tronic and mechanical systems, heating and air-conditioning, sound, and
steering.
The legislature finds that the diagnosis, service, and repair of these
vehicle systems are essential to the safety and proper operation of
modern motor vehicles. In many instances, access codes prevent owners
from making, or having made, the necessary diagnosis, service, and
repair of their motor vehicles in a timely, convenient, reliable, and
affordable manner. Consumers in New York have benefited from the avail-
ability of an aftermarket parts supply, or parts and accessories used in
the repair, maintenance, or enhancement of a motor vehicle.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09235-03-9
A. 6483 2
The legislature therefore finds that vehicle owners in New York should
have the right to all information necessary to allow the diagnosis,
service, and repair of their vehicles and to make, or have made, repairs
necessary to keep their vehicles in reasonably good and serviceable
condition during the expected vehicle life.
S 3. The general business law is amended by adding a new article 11-C
to read as follows:
ARTICLE 11-C
MOTOR VEHICLE OWNERS' RIGHT TO REPAIR ACT
SECTION 199-S. DEFINITIONS.
199-T. MOTOR VEHICLE MANUFACTURER REQUIREMENTS.
199-U. REMEDIES.
S 199-S. DEFINITIONS. 1. FOR THE PURPOSES OF THIS ARTICLE, THE TERM
"MOTOR VEHICLE" SHALL MEAN MOTOR VEHICLES AS DEFINED BY SECTION ONE
HUNDRED TWENTY-FIVE AND TRAILERS AS DEFINED BY SECTION ONE HUNDRED
FIFTY-SIX OF THE VEHICLE AND TRAFFIC LAW.
2. THE TERM "VEHICLE OWNER" MEANS ANY PERSON WHO OWNS, LEASES OR
OTHERWISE HAS THE LEGAL RIGHT TO USE AND POSSESS A MOTOR VEHICLE, OR THE
AGENT OF SUCH PERSON.
3. THE TERM "MOTOR VEHICLE REPAIR SHOP" MEANS ANY PERSON WHO, FOR
COMPENSATION, IS WHOLLY OR PARTIALLY ENGAGED IN THE BUSINESS OF REPAIR-
ING 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;
OR
(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 A LOCAL GOVERNMENT OR ANY AGENCY THEREOF; OR
(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 OF MOTOR
VEHICLES 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 OF MOTOR VEHICLES MAY BY REGULATION DESIGNATE.
THE TERM "MOTOR VEHICLE REPAIR SHOP" SHALL ALSO INCLUDE ANY SHOP,
DRIVE-IN STATION, OR GARAGE OPERATED BY ANY PERSON, FIRM, CORPORATION OR
ASSOCIATION AT WHICH MOTOR VEHICLES ARE INSPECTED FOR THE PURPOSES OF
APPRAISING, EVALUATING OR ESTIMATING THE EXTENT OR VALUE OF MOTOR VEHI-
CLE DAMAGE OR THE NECESSITY OR COST OF MOTOR VEHICLE REPAIRS.
S 199-T. MOTOR VEHICLE MANUFACTURER REQUIREMENTS. 1. THE MANUFACTURER
OF A MOTOR VEHICLE SOLD OR INTRODUCED INTO COMMERCE IN THIS STATE SHALL
PROVIDE TO THE VEHICLE OWNER, TO THE MOTOR VEHICLE REPAIR SHOP AND TO
THE DEPARTMENT OF MOTOR VEHICLES FOR USE BY ANY SUCH VEHICLE OWNER OR
REPAIR FACILITY, THE INFORMATION NECESSARY TO DIAGNOSE, SERVICE, OR
REPAIR THE VEHICLE. SUCH INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED
TO, INFORMATION NECESSARY TO INTEGRATE REPLACEMENT EQUIPMENT INTO THE
VEHICLE AND OTHER INFORMATION OF ANY KIND NEEDED OR USED TO DIAGNOSE,
SERVICE, REPAIR, ACTIVATE, CERTIFY, OR INSTALL ANY MOTOR VEHICLE EQUIP-
MENT (INCLUDING REPLACEMENT EQUIPMENT) IN A MOTOR VEHICLE.
2. THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT REQUIRE A MANUFACTURER
TO PUBLICLY DISCLOSE INFORMATION THAT, IF MADE PUBLIC, WOULD DIVULGE
METHODS OR PROCESSES ENTITLED TO PROTECTION AS TRADE SECRETS OF THAT
A. 6483 3
MANUFACTURER, BUT MAY REQUIRE DISCLOSURE OF SUCH INFORMATION TO THE
DEPARTMENT OF MOTOR VEHICLES FOR THE PURPOSE OF DETERMINING WHETHER SUCH
INFORMATION IS ENTITLED TO SUCH PROTECTION. SUCH DETERMINATION SHALL BE
MADE AFTER AN OPPORTUNITY FOR A HEARING.
3. NO SUCH INFORMATION MAY BE WITHHELD BY A MANUFACTURER IF THAT
INFORMATION IS PROVIDED, DIRECTLY OR INDIRECTLY, TO FRANCHISED DEALERS
OR OTHER REPAIR FACILITIES.
S 199-U. REMEDIES. 1. THE FAILURE OF A MANUFACTURER TO PROVIDE THE
INFORMATION REQUIRED BY SECTION ONE HUNDRED NINETY-NINE-T OF THIS ARTI-
CLE SHALL CONSTITUTE A VIOLATION OF THIS ARTICLE.
2. A CONSUMER INJURED BY A VIOLATION OF THIS ARTICLE MAY BRING AN
ACTION TO RECOVER DAMAGES. JUDGMENT MAY BE ENTERED FOR THREE TIMES THE
ACTUAL DAMAGES SUFFERED BY A CONSUMER OR FIVE HUNDRED DOLLARS, WHICHEVER
IS GREATER. THE COURT MAY AWARD THE COSTS OF THE ACTION TOGETHER WITH
REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
3. UPON ANY VIOLATION OF THIS ARTICLE, AN APPLICATION MAY BE MADE BY
THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK
TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND
UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT SHALL APPEAR TO THE
SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS VIOLATED
THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS ARTI-
CLE HAS OCCURRED, IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS THAN FIVE
HUNDRED DOLLARS AND NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
VIOLATION. IN CONNECTION WITH AN APPLICATION MADE UNDER THIS SUBDIVI-
SION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND TO MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.