|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 29, 2014||referred to transportation|
senate Bill S6492
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6492 - Details
S6492 - Summary
Protects motor vehicle owners and small businesses in repairing motor vehicles; requires that manufacturers shall make the same diagnostic and repair information and tools available to owners and repair shops as such information is available to franchised motor vehicle dealers.
S6492 - Sponsor Memo
BILL NUMBER:S6492 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to protecting motor vehicle owners and small businesses in repairing motor vehicles PURPOSE: This act should be known as the New York state consumers' right to repair act." This act 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 wellbeing of automotive consumers in the State of New York. In many instances, vehicle 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. These access codes or special equipment retained by the manufacturer shall now be provided to the motor vehicle owners and the motor vehicle repair shops when the vehicle's consumer wishes to seek repairs for their vehicles. Consumers in New York have benefited from the availability of an aftermarket parts supply, or parts and accessories used in the repair, maintenance, or enhancement of a motor vehicle. SUMMARY OF PROVISIONS: The manufacturer of a motor vehicle (in this act 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), sold or introduced into commerce in New York, shall provide to the vehicle owner (in this act means any
S6492 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6492 I N S E N A T E January 29, 2014 ___________ Introduced by Sen. BALL -- 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 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- 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11272-02-4
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