S T A T E O F N E W Y O R K
________________________________________________________________________
4879--B
Cal. No. 944
2025-2026 Regular Sessions
I N S E N A T E
February 13, 2025
___________
Introduced by Sens. FAHY, C. RYAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Consumer Protection
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to establishing
standards for glass repair and calibration of advanced driver assist-
ance systems
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
392-k to read as follows:
§ 392-K. MOTOR VEHICLE GLASS REPAIR AND REPLACEMENT; CALIBRATION AND
RECALIBRATION OF ADVANCED DRIVER ASSISTANCE SYSTEMS; CONSUMER DISCLO-
SURE. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ADVANCED DRIVER ASSISTANCE SYSTEM" SHALL MEAN ANY MOTOR VEHICLE
ELECTRONIC SAFETY SYSTEM, INCLUDING, BUT NOT LIMITED TO SENSORS AND
CAMERAS, AS OUTLINED IN THE MOST RECENT PUBLICATION OF THE SAE INTERNA-
TIONAL'S SAE J3016 LEVELS OF DRIVING AUTOMATION THAT ARE DESIGNED TO
SUPPORT BOTH THE DRIVER AND MOTOR VEHICLE IN A MANNER INTENDED TO:
(I) INCREASE MOTOR VEHICLE SAFETY; AND
(II) REDUCE LOSSES ASSOCIATED WITH MOTOR VEHICLE CRASHES.
(B) "CALIBRATE" OR "RECALIBRATE" SHALL MEAN TO INSTRUCT A MOTOR VEHI-
CLE'S ADVANCED DRIVER ASSISTANCE SYSTEM, INCLUDING INTERNAL COMPUTERS,
TO READJUST TARGETED CAMERAS, SENSORS, OR OTHER TECHNOLOGIES TO FUNCTION
PROPERLY IN ACCORDANCE WITH THE MOTOR VEHICLE'S MANUFACTURER SPECIFICA-
TIONS.
(C) "MOTOR VEHICLE GLASS REPAIR FACILITY" SHALL MEAN ANY PERSON,
INCLUDING THE PERSON'S EMPLOYEES AND AGENTS THAT FOR CONSIDERATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09393-05-5
S. 4879--B 2
ENGAGES IN THE REPAIR OR REPLACEMENT OF DAMAGED SAFETY GLASS AS DEFINED
IN SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED SEVENTY-FIVE OF THE
VEHICLE AND TRAFFIC LAW.
(D) "MOTOR VEHICLE GLASS" SHALL MEAN THE GLASS AND NON-GLASS PARTS
ASSOCIATED WITH THE REPLACEMENT OF THE GLASS USED IN THE WINDSHIELD,
DOOR OR WINDOWS AND THE GLASS, PLASTIC, OR OTHER MATERIALS USED IN VEHI-
CLE GLASS MANUFACTURING.
(E) "REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHICLE GLASS" SHALL MEAN
INSPECTING, REPAIRING, RESTORING, OR REPLACING DAMAGED MOTOR VEHICLE
GLASS AND CALIBRATING OR RECALIBRATING AN ADVANCED DRIVER ASSISTANCE
SYSTEM WHEN AN INCIDENT REQUIRES THE REPLACEMENT OF MOTOR VEHICLE GLASS.
(F) "SAE J3016" SHALL MEAN THE TAXONOMY AND DEFINITIONS FOR TERMS
RELATED TO DRIVING AUTOMATION SYSTEMS FOR ON-ROAD MOTOR VEHICLES
PUBLISHED BY SAE INTERNATIONAL IN APRIL TWO THOUSAND TWENTY-ONE.
2. REQUIREMENTS. IF A MOTOR VEHICLE IS EQUIPPED WITH AN ADVANCED DRIV-
ER ASSISTANCE SYSTEM, A MOTOR VEHICLE GLASS REPAIR SHOP THAT CONDUCTS
SAFETY GLASS OR MOTOR VEHICLE GLASS REPAIR, REPLACEMENT, OR RECALI-
BRATION SHALL INFORM THE CONSUMER:
(A) IF A RECALIBRATION OF THE ADVANCED DRIVER ASSISTANCE SYSTEM IS
REQUIRED; AND
(B) IF A RECALIBRATION OF THE ADVANCED DRIVER ASSISTANCE SYSTEM IS
PERFORMED THAT SUCH SYSTEM SHALL MEET THE MOTOR VEHICLE'S MANUFACTURER
SPECIFICATIONS.
3. NOTIFICATION. (A) A MOTOR VEHICLE GLASS REPAIR FACILITY SHALL
PROVIDE TO CONSUMERS AN ITEMIZED DESCRIPTION OF THE WORK TO BE DONE ON
THE MOTOR VEHICLE.
(B) A MOTOR VEHICLE GLASS REPAIR FACILITY SHALL NOT REPRESENT TO A
CONSUMER THAT THE COST OF A REPAIR, REPLACEMENT OR CALIBRATION OR RECAL-
IBRATION SHALL BE PAID FOR ENTIRELY BY THE CONSUMER'S INSURER AND AT NO
COST TO THE CONSUMER UNLESS THE COST OF THE REPAIR, REPLACEMENT, CALI-
BRATION OR RECALIBRATION IS FULLY COVERED AS PROVIDED BY THE CONSUMER'S
INSURANCE POLICY.
(C) A MOTOR VEHICLE GLASS REPAIR FACILITY SHALL NOT CONTRACT WITH A
PERSON FOR A REPAIR OR REPLACEMENT OF DAMAGED SAFETY GLASS OR MOTOR
VEHICLE GLASS UNTIL THE MOTOR VEHICLE GLASS REPAIR SHOP HAS RECEIVED A
CLAIM OR REFERRAL NUMBER FOR INSURANCE COVERED DAMAGE.
(D) PRIOR TO FINALIZING A CONTRACT FOR REPAIR WITH A CONSUMER FOR A
REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHICLE GLASS, A MOTOR VEHICLE
GLASS REPAIR FACILITY SHALL NOTIFY SUCH CONSUMER:
(I) WHETHER SUCH MOTOR VEHICLE HAS AN ADVANCED DRIVER ASSISTANCE
SYSTEM;
(II) WHETHER THE CALIBRATION OR RECALIBRATION OF THE MOTOR VEHICLE'S
ADVANCED DRIVER ASSISTANCE SYSTEM IS REQUIRED TO:
(1) MAKE THE ADVANCED DRIVER ASSISTANCE SYSTEM OPERABLE; AND
(2) ENSURE THAT THE REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHICLE
GLASS IS PERFORMED IN A MANNER THAT MEETS THE VEHICLE MANUFACTURER'S
SPECIFICATIONS;
(III) WHETHER THE MOTOR VEHICLE GLASS REPAIR FACILITY CAN CALIBRATE OR
RECALIBRATE THE ADVANCED DRIVER ASSISTANCE SYSTEM IN A MANNER THAT MEETS
THE MOTOR VEHICLE'S MANUFACTURERS SPECIFICATIONS; AND
(IV) IF THE MOTOR VEHICLE GLASS REPAIR FACILITY IS NOT CAPABLE OF
PERFORMING A CALIBRATION OR RECALIBRATION AS REFERENCED IN SUBDIVISION
THREE OF THIS SECTION, THAT THE MOTOR VEHICLE SHOULD BE TAKEN TO THE
VEHICLE'S MANUFACTURER CERTIFIED DEALERSHIP OR A QUALIFIED SPECIALIST
CAPABLE OF PERFORMING THE CALIBRATION OR RECALIBRATION THAT MEETS THE
VEHICLE'S MANUFACTURER SPECIFICATIONS.
S. 4879--B 3
4. UNSUCCESSFUL RECALIBRATION. IF A RECALIBRATION WAS NOT PERFORMED OR
NOT COMPLETED SUCCESSFULLY, THE MOTOR VEHICLE GLASS REPAIR FACILITY
SHALL INFORM THE CONSUMER AND THE CONSUMER'S INSURER ELECTRONICALLY OR
IN WRITING THAT THE RECALIBRATION WAS NOT SUCCESSFUL OR WAS NOT
PERFORMED AND THAT THE MOTOR VEHICLE SHOULD BE TAKEN TO A FRANCHISED
MOTOR VEHICLE DEALER OR A MOTOR VEHICLE GLASS REPAIR FACILITY CAPABLE OF
PERFORMING THE CALIBRATION OR RECALIBRATION OF AN ADVANCED DRIVER
ASSISTANCE SYSTEM THAT MEETS THE MOTOR VEHICLE MANUFACTURER'S SPECIFICA-
TIONS.
5. RECALIBRATION REQUIREMENTS. A MOTOR VEHICLE GLASS REPAIR FACILITY
THAT CONDUCTS A CALIBRATION, RECALIBRATION OR REPLACEMENT ON A MOTOR
VEHICLE EQUIPPED WITH AN ADVANCED DRIVER ASSISTANCE SYSTEM SHALL:
(A) SHALL RECALIBRATE THE ADVANCED DRIVER ASSISTANCE SYSTEM TO MEET
SUCH MOTOR VEHICLE'S MANUFACTURER SPECIFICATIONS; AND
(B) IS NOT LIMITED TO SAFETY GLASS OR MOTOR VEHICLE GLASS, TOOLS,
EQUIPMENT, OR REPAIR PROCEDURES DICTATED OR RECOMMENDED BY THE MOTOR
VEHICLE MANUFACTURER TO MEET SUCH MOTOR VEHICLE'S MANUFACTURER SPECIFI-
CATIONS.
6. BILLING. A MOTOR VEHICLE GLASS REPAIR FACILITY SHALL NOT BILL OR
CHARGE THE CONSUMER OR THE CONSUMER'S INSURER FOR SAFETY GLASS OR MOTOR
VEHICLE GLASS REPAIR, REPLACEMENT, CALIBRATION OR RECALIBRATION SERVICES
THAT ARE NOT PERFORMED IN ACCORDANCE WITH THE MOTOR VEHICLE'S MANUFAC-
TURER SPECIFICATIONS.
7. ASSIGNMENT OF BENEFITS. (A) NO MOTOR VEHICLE GLASS REPAIR FACILITY
SHALL INCLUDE AN ASSIGNMENT OF BENEFITS PROVISION FOR A CONSUMER'S
INSURANCE POLICY IN ANY AGREEMENT WITH SUCH CONSUMER OR REQUIRE A
CONSUMER TO SIGN AN ASSIGNMENT OF BENEFITS AGREEMENT AS A CONDITION OF
REPAIRING OR REPLACING DAMAGED MOTOR VEHICLE GLASS.
(B) ANY CONTRACT ENTERED IN VIOLATION OF THIS SUBDIVISION SHALL BE
VOID AND UNENFORCEABLE.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT A
CONSUMER FROM AUTHORIZING OR DIRECTING PAYMENT TO, OR PAYING, A MOTOR
VEHICLE GLASS REPAIR FACILITY FOR REPAIR OR REPLACEMENT OF DAMAGED MOTOR
VEHICLE GLASS COVERED UNDER AN INSURANCE POLICY.
8. INDUCEMENT. NO MOTOR VEHICLE GLASS REPAIR FACILITY OR AGENT THEREOF
SHALL OFFER A REBATE, GIFT, GIFT CARD, CASH, COUPON, FEE, PRIZE, BONUS,
PAYMENT, INCENTIVE, INDUCEMENT, OR ANY OTHER THING OF VALUE TO ANY
CONSUMER IN EXCHANGE FOR DIRECTING OR MAKING A CLAIM UNDER A MOTOR VEHI-
CLE INSURANCE POLICY FOR A REPAIR OR REPLACEMENT OF DAMAGED MOTOR VEHI-
CLE GLASS.
9. PENALTIES. A MOTOR VEHICLE GLASS REPAIR FACILITY THAT VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE LIABLE FOR A PENALTY OF TWO THOUSAND
FIVE HUNDRED DOLLARS PER OCCURRENCE.
§ 2. This act shall take effect immediately.
