S T A T E O F N E W Y O R K
________________________________________________________________________
5933
2019-2020 Regular Sessions
I N A S S E M B L Y
February 20, 2019
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Introduced by M. of A. ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of
A. FAHY, GALEF, RIVERA -- read once and referred to the Committee on
Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to establishing
automotive windshield replacement standards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
390-d to read as follows:
§ 390-D. AUTOMOTIVE WINDSHIELD REPLACEMENT STANDARDS. 1. DEFINITIONS.
AS USED IN THIS SECTION:
(A) "EQUIVALENT RETENTION SYSTEM" SHALL MEAN A SYSTEM THAT MEETS OR
EXCEEDS A MOTOR VEHICLE MANUFACTURER'S PERFORMANCE STRENGTH SPECIFICA-
TIONS, OR HAS BEEN CERTIFIED BY THE RETENTION SYSTEM MANUFACTURER OR
PRIVATE LABELER AS APPROPRIATE FOR THE SPECIFIC APPLICATION.
(B) "MINIMUM DRIVE-AWAY STRENGTH" SHALL MEAN THE MINIMUM PROPERTIES AS
DEFINED AND SPECIFIED BY THE RETENTION SYSTEMS MANUFACTURER OR PRIVATE
LABELER TO MEET THE REQUIREMENTS OF FEDERAL MOTOR VEHICLE SAFETY STAND-
ARDS 208 AND 212.
(C) "MINIMUM DRIVE-AWAY TIME" SHALL MEAN THE TIME NECESSARY FOR A
GIVEN ADHESIVE SYSTEM TO ATTAIN MINIMUM DRIVE-AWAY STRENGTH AFTER AN
ADHESIVE BONDED GLASS PART IS SET IN PLACE.
(D) "OE" SHALL MEAN ORIGINAL EQUIPMENT.
(E) "OEM" SHALL MEAN ORIGINAL EQUIPMENT MANUFACTURER.
(F) "PRIVATE LABELER" SHALL MEAN ANY INDIVIDUAL, CORPORATION OR ENTITY
ENGAGED IN THE SALE OR DISTRIBUTION OF A PRODUCT LABELED AS ITS OWN, BUT
MANUFACTURED BY ANY DIFFERENT ENTITY.
(G) "RETENTION SYSTEM" SHALL MEAN ANY ORIGINAL EQUIPMENT OR EQUIVALENT
METHOD OF GLAZING ATTACHMENT.
(H) "THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT" SHALL MEAN
ANY INDIVIDUAL, BUSINESS, OR ORGANIZATION THAT REPLACES AUTOMOTIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09871-01-9
A. 5933 2
WINDSHIELDS; EXAMPLES SHALL INCLUDE, BUT ARE NOT LIMITED TO, INDIVIDUAL
TECHNICIANS, AUTOMOTIVE WINDSHIELD REPLACEMENT BUSINESSES, AUTOMOTIVE
BODY SHOPS, AND DEALERSHIPS.
2. RESPONSIBILITIES OF THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACE-
MENT. ALL IN-SHOP AND MOBILE INSTALLATIONS OF MOTOR VEHICLE WINDSHIELDS
SHALL BE PERFORMED UNDER SUITABLE ENVIRONMENTAL CONDITIONS AND OTHER
CONDITIONS THAT ARE COMPATIBLE WITH THE APPLICATION INSTRUCTIONS, AND
FOLLOWING REQUIREMENTS:
(A) THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL USE
RETENTION SYSTEMS THAT ARE PRODUCED UNDER DOCUMENTED QUALITY ASSURANCE
STANDARDS WHICH MEET THE REQUIREMENTS OF ANSI Z26.1 AS REQUIRED BY
FEDERAL MOTOR VEHICLE SAFETY STANDARD 205;
(B) THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL USE
EITHER AN OEM APPROVED RETENTION SYSTEM OR EQUIVALENT RETENTION SYSTEM
AS CERTIFIED IN WRITING BY THE EQUIVALENT RETENTION SYSTEM MANUFACTURER
DIRECTLY OR THROUGH A PRIVATE LABELER;
(C) THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL OBTAIN
AND FOLLOW WRITTEN COMPREHENSIVE AND CURRENT APPLICATION INSTRUCTIONS
FROM THE RETENTION SYSTEMS MANUFACTURER OR PRIVATE LABELER. SUCH
INSTRUCTIONS SHALL INCLUDE AT LEAST THE PROPER USE OF THE RETENTION
SYSTEM STORAGE SPECIFICATIONS, MINIMUM DRIVE-AWAY TIME CHARTS CONTAINING
TEMPERATURE AND HUMIDITY VARIABLES, IF APPLICABLE, AND ANY SPECIAL
PROCEDURES REQUIRED FOR ADVERSE WEATHER CONDITIONS;
(D) THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL REQUIRE
THAT LOT NUMBERS AND EXPIRATION DATES BE PRINTED ON APPROPRIATE
PRODUCTS;
(E) THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL FOLLOW
THE ADHESIVE MANUFACTURER'S APPLICATION INSTRUCTIONS AS PROVIDED BY THE
MANUFACTURER DIRECTLY, OR THROUGH THE PRIVATE LABELER;
(F) PRODUCTS SHALL BE STORED AND CONTROLLED ACCORDING TO MANUFACTUR-
ERS' REQUIREMENTS AS PROVIDED DIRECTLY OR THROUGH A PRIVATE LABELER;
(G) NO AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL BE UNDERTAKEN USING AN
ADHESIVE GLASS RETENTION BONDING SYSTEM THAT WOULD NOT ACHIEVE MINIMUM
DRIVE-AWAY STRENGTH BY THE TIME THE VEHICLE MAY BE REASONABLY EXPECTED
TO BE OPERATED;
(H) THE VEHICLE OWNER OR OPERATOR SHALL BE ADVISED OF THE MINIMUM
DRIVE-AWAY TIME UNDER THE CIRCUMSTANCES OF THE REPLACEMENT;
(I) ALL GLASS PARTS MUST BE TRACEABLE TO THE INSTALLATION BY AN IDEN-
TIFICATION NUMBER ISSUED BY THE DEPARTMENT OF TRANSPORTATION AND PART
NUMBER;
(J) NO PRODUCT THAT HAS EXCEEDED ITS EXPIRATION DATE, OPEN SHELF LIFE
OR ACTIVE SHELF LIFE SHALL BE USED;
(K) ALL SUPPLEMENTAL MECHANICAL WINDSHIELD RETENTION DEVICES SHALL BE
REPLACED TO ORIGINAL EQUIPMENT SPECIFICATIONS; AND
(L) WHEN INAPPROPRIATE REPLACEMENT MATERIALS OR METHODS ARE DETECTED,
THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD REPLACEMENT SHALL REPORT THEIR
FINDINGS TO THE VEHICLE OWNER OR OPERATOR.
3. RECORD KEEPING REQUIREMENTS. THOSE ENGAGED IN AUTOMOTIVE WINDSHIELD
REPLACEMENT SHALL KEEP A RECORD OF ALL ADHESIVE COMPONENT LOT NUMBERS,
DEPARTMENT OF TRANSPORTATION IDENTIFICATION NUMBERS AND PART NUMBERS
USED IN EACH JOB. A COPY OF THIS RECORD SHALL BE OFFERED TO THE OWNER OR
OPERATOR OF THE VEHICLE UPON COMPLETION OF THE INSTALLATION AND HELD BY
THE INDIVIDUAL, BUSINESS OR ORGANIZATION THAT COMPLETED THE INSTALLATION
FOR A MINIMUM OF THREE YEARS.
4. PENALTY. ANY INDIVIDUAL, BUSINESS OR ORGANIZATION THAT VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, AS DEFINED IN
A. 5933 3
THE PENAL LAW, PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS.
5. PREEMPTION OF LOCAL LAW. THE PROVISIONS OF THIS SECTION SHALL
SUPERSEDE AND PREEMPT ANY LOCAL LAW, CODE OR ORDINANCE INCONSISTENT
THEREWITH.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.