§ 392-K — Motor vehicle glass repair and replacement; calibration and recalibration of advanced driver assistance systems; consumer disclosure

§ 392-k. Motor vehicle glass repair and replacement; calibration and\nrecalibration of advanced driver assistance systems; consumer\ndisclosure. 1. Definitions. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Advanced driver assistance system" shall mean any motor vehicle\nelectronic safety system, including, but not limited to sensors and\ncameras, as outlined in the most recent publication of the SAE\nInternational's SAE J3016 levels of driving automation that are designed\nto support both the driver and motor vehicle in a manner intended to:\n (i) increase motor vehicle safety; and\n (ii) reduce losses associated with motor vehicle crashes.\n (b) "Calibrate" or "Recalibrate" shall mean to instruct a motor\nvehicle's advanced driver assistance system, including internal\ncomputers, to readjust targeted cameras, sensors, or other technologies\nto function properly in accordance with the motor vehicle's manufacturer\nspecifications.\n (c) "Motor vehicle glass repair facility" shall mean any person,\nincluding the person's employees and agents that for consideration\nengages in the repair or replacement of damaged safety glass as defined\nin subdivision fourteen of section three hundred seventy-five of the\nvehicle and traffic law.\n (d) "Motor vehicle glass" shall mean the glass and non-glass parts\nassociated with the replacement of the glass used in the windshield,\ndoor or windows and the glass, plastic, or other materials used in\nvehicle glass manufacturing.\n (e) "Repair or replacement of damaged motor vehicle glass" shall mean\ninspecting, repairing, restoring, or replacing damaged motor vehicle\nglass and calibrating or recalibrating an advanced driver assistance\nsystem when an incident requires the replacement of motor vehicle glass.\n (f) "SAE J3016" shall mean the Taxonomy and Definitions for Terms\nRelated to Driving Automation Systems for On-Road Motor Vehicles\npublished by SAE International in April two thousand twenty-one.\n 2. Requirements. If a motor vehicle is equipped with an advanced\ndriver assistance system, a motor vehicle glass repair shop that\nconducts safety glass or motor vehicle glass repair, replacement, or\nrecalibration shall inform the consumer:\n (a) if a recalibration of the advanced driver assistance system is\nrequired; and\n (b) if a recalibration of the advanced driver assistance system is\nperformed that such system shall meet the motor vehicle's manufacturer\nspecifications.\n 3. Notification. (a) A motor vehicle glass repair facility shall\nprovide to consumers an itemized description of the work to be done on\nthe motor vehicle.\n (b) A motor vehicle glass repair facility shall not represent to a\nconsumer that the cost of a repair, replacement or calibration or\nrecalibration shall be paid for entirely by the consumer's insurer and\nat no cost to the consumer unless the cost of the repair, replacement,\ncalibration or recalibration is fully covered as provided by the\nconsumer's insurance policy.\n (c) A motor vehicle glass repair facility shall not contract with a\nperson for a repair or replacement of damaged safety glass or motor\nvehicle glass until the motor vehicle glass repair shop has received a\nclaim or referral number for insurance covered damage.\n (d) Prior to finalizing a contract for repair with a consumer for a\nrepair or replacement of damaged motor vehicle glass, a motor vehicle\nglass repair facility shall notify such consumer:\n (i) whether such motor vehicle has an advanced driver assistance\nsystem;\n (ii) whether the calibration or recalibration of the motor vehicle's\nadvanced driver assistance system is required to:\n (1) make the advanced driver assistance system operable; and\n (2) ensure that the repair or replacement of damaged motor vehicle\nglass is performed in a manner that meets the vehicle manufacturer's\nspecifications;\n (iii) whether the motor vehicle glass repair facility can calibrate or\nrecalibrate the advanced driver assistance system in a manner that meets\nthe motor vehicle's manufacturers specifications; and\n (iv) if the motor vehicle glass repair facility is not capable of\nperforming a calibration or recalibration as referenced in subdivision\nthree of this section, that the motor vehicle should be taken to the\nvehicle's manufacturer certified dealership or a qualified specialist\ncapable of performing the calibration or recalibration that meets the\nvehicle's manufacturer specifications.\n 4. Unsuccessful recalibration. If a recalibration was not performed or\nnot completed successfully, the motor vehicle glass repair facility\nshall inform the consumer and the consumer's insurer electronically or\nin writing that the recalibration was not successful or was not\nperformed and that the motor vehicle should be taken to a franchised\nmotor vehicle dealer or a motor vehicle glass repair facility capable of\nperforming the calibration or recalibration of an advanced driver\nassistance system that meets the motor vehicle manufacturer's\nspecifications.\n 5. Recalibration requirements. A motor vehicle glass repair facility\nthat conducts a calibration, recalibration or replacement on a motor\nvehicle equipped with an advanced driver assistance system shall:\n (a) shall recalibrate the advanced driver assistance system to meet\nsuch motor vehicle's manufacturer specifications; and\n (b) is not limited to safety glass or motor vehicle glass, tools,\nequipment, or repair procedures dictated or recommended by the motor\nvehicle manufacturer to meet such motor vehicle's manufacturer\nspecifications.\n 6. Billing. A motor vehicle glass repair facility shall not bill or\ncharge the consumer or the consumer's insurer for safety glass or motor\nvehicle glass repair, replacement, calibration or recalibration services\nthat are not performed in accordance with the motor vehicle's\nmanufacturer specifications.\n 7. Assignment of benefits. (a) No motor vehicle glass repair facility\nshall include an assignment of benefits provision for a consumer's\ninsurance policy in any agreement with such consumer or require a\nconsumer to sign an assignment of benefits agreement as a condition of\nrepairing or replacing damaged motor vehicle glass.\n (b) Any contract entered in violation of this subdivision shall be\nvoid and unenforceable.\n (c) Nothing in this subdivision shall be construed to prohibit a\nconsumer from authorizing or directing payment to, or paying, a motor\nvehicle glass repair facility for repair or replacement of damaged motor\nvehicle glass covered under an insurance policy.\n 8. Inducement. No motor vehicle glass repair facility or agent thereof\nshall offer a rebate, gift, gift card, cash, coupon, fee, prize, bonus,\npayment, incentive, inducement, or any other thing of value to any\nconsumer in exchange for directing or making a claim under a motor\nvehicle insurance policy for a repair or replacement of damaged motor\nvehicle glass.\n 9. Penalties. A motor vehicle glass repair facility that violates the\nprovisions of this section shall be liable for a penalty of two thousand\nfive hundred dollars per occurrence.\n