senate Bill S6492

2013-2014 Legislative Session

Protects motor vehicle owners and small businesses in repairing motor vehicles

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 referred to transportation

S6492 - Details

See Assembly Version of this Bill:
A7789A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add Art 12-D ยงยง399-p & 399-q, V & T L
Versions Introduced in 2013-2014 Legislative Session:
A7789

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

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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