Assembly Bill A1385

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1385
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   motor  vehicle repair shops to disclose certain information to custom-
   ers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1 and 2 of section 398-d of the vehicle and
 traffic law, subdivision 1 as amended by chapter 161 of the laws of 1996
 and subdivision 2 as amended by chapter 173 of the  laws  of  1990,  are
 amended and a new subdivision 2-a is added to read as follows:
   1.  All  work done by a motor vehicle repair shop shall be recorded on
 an invoice and shall describe all service work done and parts  supplied.
 If  any  used  parts  are supplied, the invoice shall clearly state that
 fact. If any component system installed is  composed  of  new  and  used
 parts, such invoice shall clearly state that fact. If any body parts are
 supplied to a vehicle with a gross vehicle weight not in excess of eigh-
 teen thousand pounds, the invoice shall clearly state whether such parts
 were  manufactured  as original equipment parts for the vehicle, or were
 manufactured as non-original replacement parts or are used  parts.    IF
 ANY  PARTS SUPPLIED ARE UNDER WARRANTY, SUCH INVOICE SHALL CLEARLY STATE
 THAT FACT, AND A COPY OF THE WORK ORDER INFORMATION AND WARRANTY OF SUCH
 PART SHALL BE DISPLAYED ON SUCH INVOICE. One copy of the  invoice  shall
 be  given  to  the  customer and one copy shall be retained by the motor
 vehicle repair shop. For the  purposes  of  insuring  that  the  repairs
 described  on  the  work invoice have been performed, every customer and
 [his] SUCH CUSTOMER'S representative or a representative of an insurance
 company where such company has paid or is liable  to  pay  a  claim  for
 damage  to  such  customer's motor vehicle shall have a right to inspect
 the repaired motor vehicle. Such right of inspection shall also  include
 the  right  to inspect all replaced parts and components thereof, except
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02196-02-5
              

 A. 1385                             2
 
 warranty or exchange parts. Provided, however, the exception for warran-
 ty or exchange parts from the right of inspection  shall  not  apply  to
 replacement  inflatable  restraint  systems.  Any  such inspection by an
 insurer  shall  be  made in a manner consistent with the requirements of
 sections two thousand six hundred one and three  thousand  four  hundred
 eleven  of  the  insurance law. The motor vehicle repair shop shall make
 available to the customer, upon timely written demand, or for such  work
 authorized  over  the  telephone,  shall keep until the customer's motor
 vehicle is  retrieved,  all  replaced  parts,  components  or  equipment
 excepting  any  parts,  components  or  equipment  normally  sold  on an
 exchange basis or subject to a warranty.
   2. [Upon the request of any customer, a] A motor vehicle  repair  shop
 shall make an estimate in writing of the parts and labor necessary for a
 specific  job  and  shall not charge for work done or parts supplied [in
 excess of the estimate] without the consent of such customer. The  motor
 vehicle  repair shop may charge a reasonable fee for making an estimate.
 If any body parts are included in the estimate  for  a  vehicle  with  a
 gross  vehicle  weight  not  in  excess of eighteen thousand pounds, the
 estimate shall clearly state whether such  parts  were  manufactured  as
 original  equipment  parts for the vehicle, or were manufactured as non-
 original replacement parts or are used parts.
   2-A. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS  SECTION  SHALL  BE
 PUNISHABLE  BY A FINE OF FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION, ONE
 THOUSAND DOLLARS FOR A SECOND VIOLATION, AND ONE THOUSAND  FIVE  HUNDRED
 DOLLARS FOR A THIRD AND ANY SUBSEQUENT VIOLATION.
   § 2. This act shall take effect immediately.