Legislation

* § 392-k. Motor vehicle glass repair and replacement; calibration and
recalibration of advanced driver assistance systems; consumer
disclosure. 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
International'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
vehicle'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
specifications.

(c) "Motor vehicle glass repair facility" shall mean any person,
including the person's employees and agents that for consideration
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
vehicle 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
driver assistance system, a motor vehicle glass repair facility that
conducts safety glass or motor vehicle glass repair, replacement, or
recalibration 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 the consumer 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
recalibration shall be paid for entirely by the an insurer and at no
cost to the consumer unless the cost of the repair, replacement,
calibration or recalibration is fully covered as provided by an
applicable insurance policy.

(c) For replacements, repairs, calibrations and recalibrations being
paid for through insurance coverage, 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 facility has received a claim or referral number, if
applicable, 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.

(e) An insurer shall not mandate or require motor vehicle glass repair
facilities to install replacement motor vehicle glass that is not
capable of being calibrated or recalibrated to the vehicle's
manufacturer specifications.

4. Unsuccessful recalibration. If a recalibration was not performed or
not completed successfully, the motor vehicle glass repair facility
shall inform the consumer and 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 specifications. Motor
vehicle glass repair facilities shall not charge the consumer or insurer
for the costs associated with such unsuccessful recalibrations.

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) 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
specifications.

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
manufacturer specifications.

7. Assignment of benefits. (a) No motor vehicle glass repair facility
shall include an assignment of benefits provision for an insurance
policy in any agreement with a 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
vehicle insurance policy for a repair or replacement of damaged motor
vehicle glass.

9. Violations. Violations of the provisions of this section shall
result in a written warning for the first violation, a civil penalty of
not more than five hundred dollars for the second violation, and a civil
penalty of not more than two thousand dollars for each succeeding
violation.

10. Application. Nothing in this section shall be construed to exempt
any motor vehicle glass repair shop that performs safety glass or motor
vehicle glass repair or replacement, or recalibration on a motor vehicle
equipped with an advanced driver assistance system, from complying with
all applicable provisions of article twelve-A of the vehicle and traffic
law and any rules or regulations promulgated thereunder.

* NB Effective June 17, 2026