Provides that in the repair of a collision damaged motor vehicle, no motor vehicle repair shop or insurer shall deviate from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer without the written authorization from the vehicle owner or such owner's representative.
S T A T E O F N E W Y O R K
________________________________________________________________________
245
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Insurance
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to requiring compliance with collision repair guidelines and
service bulletins issued by vehicle or original equipment manufactur-
ers
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 8 to read as follows:
8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO MOTOR
VEHICLE REPAIR SHOP SHALL DEVIATE FROM THE COLLISION REPAIR GUIDELINES,
PROCEDURES, RECOMMENDATIONS AND SERVICE BULLETINS ISSUED BY A VEHICLE OR
ORIGINAL EQUIPMENT MANUFACTURER IN THE REPAIR OF A COLLISION DAMAGED
VEHICLE WITHOUT THE WRITTEN AUTHORIZATION FROM THE VEHICLE OWNER OR THE
VEHICLE OWNER'S AUTHORIZED REPRESENTATIVE.
§ 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 DEVIATION FROM
THE COLLISION REPAIR GUIDELINES, PROCEDURES, RECOMMENDATIONS AND SERVICE
BULLETINS ISSUED BY A VEHICLE OR ORIGINAL EQUIPMENT MANUFACTURER IN THE
REPAIR OF A COLLISION DAMAGED VEHICLE WITHOUT THE WRITTEN AUTHORIZATION
FROM THE VEHICLE OWNER OR THE VEHICLE OWNER'S REPRESENTATIVE. IF A
REPAIR PROCEDURE OR SPECIFICATION FROM A VEHICLE OR ORIGINAL EQUIPMENT
MANUFACTURER INCLUDES A DIRECTIVE TO CONDUCT A SCAN, CALIBRATION, DIAG-
NOSTIC TEST OF VEHICLE ELECTRONIC SYSTEMS BEFORE OR AFTER THE COMMENCE-
MENT OF REPAIRS, SUCH DIRECTIVE SHALL BE CONSIDERED AS A REQUIRED PART
OF THE REPAIR PROCEDURE.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.