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

                                  2880

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  TITONE,  CUSICK,  MARKEY, BENEDETTO, COLTON,
  MAGNARELLI, BRINDISI, ROBERTS, ABINANTI, SKOUFIS -- Multi-Sponsored by
  -- M. of A. ENGLEBRIGHT, GALEF, HOOPER -- read once  and  referred  to
  the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
  relation to requiring types of replacement crash parts used in automo-
  bile collision repairs be disclosed  to  vehicle  owners  and  written
  authorization to use specified parts be obtained prior to installation

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

  Section 1. Section 398-d of the vehicle and traffic law is amended  by
adding a new subdivision 2-a to read as follows:
  2-A. (A) NO MOTOR VEHICLE REPAIR SHOP SHALL USE OR INSTALL ANY TYPE OR
TYPES  OF  REPLACEMENT CRASH PARTS FOR THE REPAIR OF A COLLISION DAMAGED
VEHICLE WITHOUT DISCLOSING THE TYPE OR TYPES OF REPLACEMENT CRASH  PARTS
TO  THE  VEHICLE  OWNER OR THE VEHICLE OWNER'S AUTHORIZED REPRESENTATIVE
AND OBTAINING WRITTEN AUTHORIZATION THEREFROM. THE  FOLLOWING  "REPLACE-
MENT  CRASH PARTS NOTICE AND AUTHORIZATION FORM", REPRODUCED IN 12 POINT
TYPE OR LARGER, SHALL BE ATTACHED TO A  COPY  OF  THE  COLLISION  REPAIR
ESTIMATE AND SHALL BE SIGNED BY THE VEHICLE OWNER OR THE VEHICLE OWNER'S
AUTHORIZED  REPRESENTATIVE  PRIOR TO THE USE OR INSTALLATION OF ANY SUCH
PARTS:
           REPLACEMENT CRASH PARTS NOTICE AND AUTHORIZATION FORM
  NOTICE TO CONSUMER:
        1.  "REPLACEMENT CRASH PARTS" ARE THE PARTS WHICH ARE  TYPICALLY
             REPLACED  DURING  THE  REPAIR  OF  A DAMAGED VEHICLE. THESE
             PARTS ARE MADE OF SHEET METAL, PLASTIC, FIBERGLASS OR SIMI-
             LAR MATERIAL, INCLUDING  A  DOOR,  FENDER,  PANEL,  BUMPER,
             HOOD,  FLOOR  OR  TRUNK  LID,  BUT NOT INCLUDING WINDOWS OR
             HUBCAPS, AND CONSTITUTE OR PROVIDE SUPPORT  FOR  THE  MOTOR
             VEHICLE'S EXTERIOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01141-01-5
              

A. 2880                             2

        2.  THE  TYPE(S)  OF  REPLACEMENT  CRASH  PARTS  LISTED  ON YOUR
             ESTIMATE/REPAIR ORDER # (COPY ATTACHED) ARE FROM THE  CATE-
             GORIES CHECKED BELOW.
        3.  WARRANTIES FOR THE TYPE(S) OF REPLACEMENT PARTS LISTED BELOW
             ARE  PROVIDED  BY  THE  MANUFACTURER  OR DISTRIBUTOR OF THE
             REPLACEMENT PARTS.   WARRANTY  COVERAGE  VARIES.  ASK  YOUR
             INSURER  OR  COLLISION  REPAIR  PROFESSIONAL  FOR SPECIFIC,
             WRITTEN WARRANTY  INFORMATION.  ADDITIONAL  WARRANTIES  FOR
             REPLACEMENT CRASH PARTS WILL BE PROVIDED BY              .
        4.  REPLACEMENT CRASH PARTS TYPES:
        ( )  NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM) REPLACEMENT CRASH
             PARTS:  PARTS WHICH ARE MADE BY THE VEHICLE MANUFACTURER OR
             ONE OF ITS LICENSEES AND  DISTRIBUTED  THROUGH  ITS  NORMAL
             CHANNELS.  THESE  PARTS  MAINTAIN  THE  OEM VEHICLE FACTORY
             WARRANTY FOR THE REPLACED PARTS AND ANY OTHER ADJOINING  OR
             ASSOCIATED OEM PART OR SYSTEMS.
        ( )  NEW  AFTERMARKET  REPLACEMENT CRASH PARTS:  PARTS WHICH ARE
             MADE BY COMPANIES OTHER THAN THE  VEHICLE  MANUFACTURER  OR
             ITS  LICENSEE.  ALL PARTS IN THIS CATEGORY ARE WARRANTED BY
             THE DISTRIBUTOR AND/OR MANUFACTURER OF THESE PARTS.
        ( )  RECYCLED/RECYCLABLE REPLACEMENT CRASH PARTS:    USED  PARTS
             WHICH  HAVE BEEN REMOVED FROM ANOTHER VEHICLE. ALL PARTS IN
             THIS CATEGORY ARE WARRANTED BY THE SALVAGE VENDOR.
        ( )  RE-MANUFACTURED REPLACEMENT CRASH PARTS:  PARTS WHICH  HAVE
             BEEN  RETURNED  TO  LIKE-NEW CONDITION BY REPAIRING, RE-MA-
             CHINING OR RE-BUILDING. ALL  PARTS  IN  THIS  CATEGORY  ARE
             WARRANTED BY THE RE-MANUFACTURER OF THE PART.
  I  UNDERSTAND  THAT  MY  VEHICLE  WILL  BE  REPAIRED  USING  THE PARTS
DESCRIBED ABOVE, AND I AUTHORIZE THE REPAIR SHOP TO INSTALL THOSE PARTS.
   _____________________________________     ____________________
              CUSTOMER SIGNATURE              DATE
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  ONLY  NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM) REPLACEMENT CRASH
PARTS MAY BE USED ON ANY VEHICLE DURING THE YEAR OF MANUFACTURE AND  FOR
THE  TWO SUCCEEDING YEARS THEREAFTER, OR FOR THE DURATION OF THE VEHICLE
MANUFACTURER'S NEW-VEHICLE AND/OR SHEET-METAL OR  BODY  PARTS  WARRANTY,
WHICHEVER IS LONGER.
  S 2. Subsection (n) of section 3411 of the insurance law is relettered
subsection (o) and a new subsection (n) is added to read as follows:
  (N) NO INSURER SHALL DIRECTLY OR INDIRECTLY REQUIRE THE USE OR INSTAL-
LATION  OF ANY TYPE OR TYPES OF REPLACEMENT CRASH PART FOR THE REPAIR OF
A COLLISION DAMAGED VEHICLE, WITHOUT DISCLOSING THE  TYPE  OR  TYPES  OF
REPLACEMENT  CRASH  PARTS  TO  THE  VEHICLE OWNER OR THE VEHICLE OWNER'S
AUTHORIZED REPRESENTATIVE, AS PROVIDED IN SUBDIVISION TWO-A  OF  SECTION
THREE  HUNDRED  NINETY-EIGHT-D  OF THE VEHICLE AND TRAFFIC LAW. IN ADDI-
TION, ONLY NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM)  REPLACEMENT  CRASH
PARTS  MAY BE USED ON ANY VEHICLE DURING THE YEAR OF MANUFACTURE AND FOR
TWO SUCCEEDING YEARS THEREAFTER, OR FOR  THE  DURATION  OF  THE  VEHICLE
MANUFACTURER'S  NEW  VEHICLE  AND/OR SHEET-METAL OR BODY PARTS WARRANTY,
WHICHEVER IS LONGER. IN THE EVENT REPLACEMENT CRASH PARTS  ARE  USED  OR
INSTALLED WHICH ARE OTHER THAN NEW ORIGINAL EQUIPMENT MANUFACTURER (OEM)
REPLACEMENT  CRASH  PARTS,  AND  SUCH  PARTS ARE ILL-FITTING AND REQUIRE
ADDITIONAL LABOR AND MATERIALS IN THEIR INSTALLATION OR USE, THE INSURER
SHALL BE RESPONSIBLE FOR THE COST OF SUCH ADDITIONAL LABOR  AND  MATERI-
ALS.

A. 2880                             3

  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  effective  immediately, the commissioner of motor vehicles and the
superintendent of financial services shall  promulgate  such  rules  and
regulations  as are necessary to implement the provisions of this act on
or before such date.