§ 398-D — Motor vehicle repair shop requirements

§ 398-d. Motor vehicle repair shop requirements. 1. All work done by a\nmotor vehicle repair shop shall be recorded on an invoice and shall\ndescribe all service work done and parts supplied. If any used parts are\nsupplied, the invoice shall clearly state that fact. If any component\nsystem installed is composed of new and used parts, such invoice shall\nclearly state that fact. If any body parts are supplied to a vehicle\nwith a gross vehicle weight not in excess of eighteen thousand pounds,\nthe invoice shall clearly state whether such parts were manufactured as\noriginal equipment parts for the vehicle, or were manufactured as\nnon-original replacement parts or are used parts. One copy of the\ninvoice shall be given to the customer and one copy shall be retained by\nthe motor vehicle repair shop. For the purposes of insuring that the\nrepairs described on the work invoice have been performed, every\ncustomer and his representative or a representative of an insurance\ncompany where such company has paid or is liable to pay a claim for\ndamage to such customer's motor vehicle shall have a right to inspect\nthe repaired motor vehicle. Such right of inspection shall also include\nthe right to inspect all replaced parts and components thereof, except\nwarranty or exchange parts. Provided, however, the exception for\nwarranty or exchange parts from the right of inspection shall not apply\nto replacement inflatable restraint systems. Any such inspection by an\ninsurer shall be made in a manner consistent with the requirements of\nsections two thousand six hundred one and three thousand four hundred\neleven of the insurance law. The motor vehicle repair shop shall make\navailable to the customer, upon timely written demand, or for such work\nauthorized over the telephone, shall keep until the customer's motor\nvehicle is retrieved, all replaced parts, components or equipment\nexcepting any parts, components or equipment normally sold on an\nexchange basis or subject to a warranty.\n 2. Upon the request of any customer, a motor vehicle repair shop\nshall make an estimate in writing of the parts and labor necessary for a\nspecific job and shall not charge for work done or parts supplied in\nexcess of the estimate without the consent of such customer. The motor\nvehicle repair shop may charge a reasonable fee for making an estimate.\nIf any body parts are included in the estimate for a vehicle with a\ngross vehicle weight not in excess of eighteen thousand pounds, the\nestimate shall clearly state whether such parts were manufactured as\noriginal equipment parts for the vehicle, or were manufactured as\nnon-original replacement parts or are used parts.\n 3. Each motor vehicle repair shop shall maintain such records as are\nrequired by the regulations of the commissioner and such records shall\nbe available for inspection by the commissioner or his designee during\nall business hours. Where a motor vehicle repair shop changes its name\nor location, notification thereof shall be given to the commissioner not\nmore than ten days therefrom.\n 4. (a) Every motor vehicle repair shop shall display in a conspicuous\nplace in such shop a sign stating: PURSUANT TO SECTION 2610 OF THE\nINSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE\nTO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A\nRIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR CHOICE.\n (b) Such sign shall be made of a durable material capable of\nwithstanding outdoor climatic conditions, with the letters being at\nleast two inches high and having a stroke of at least one-half inch. The\nletters and background shall be of contrasting colors.\n 5. Every person who shall write any auto body repair estimate on\nbehalf of a motor vehicle repair shop, whether registered or not, must\nhold a valid estimator's license for such purpose issued by the\ncommissioner. The form and manner of applying for such license shall be\nprescribed by regulation to be promulgated by the commissioner. The\ncommissioner shall in the commissioner's discretion establish criteria\nfor the issuing of such license. Each application for the license\nrequired hereunder shall be accompanied by an application fee of\ntwenty-five dollars which shall in no event be refunded. If an\napplication is approved by the commissioner, upon payment by the\napplicant of the additional fee of one hundred fifty dollars, the\napplicant shall be granted such license which shall be valid for a\nperiod of three years. The renewal fee for any license issued pursuant\nto this subdivision shall be one hundred fifty dollars.\n 5-a. All the provisions of section three hundred ninety-eight-f of\narticle twelve-A of this chapter shall apply to the provisions of\nsubdivision five of this section with the same force and effect as if\nthe language of those provisions had been incorporated in full into\nsubdivision five of this section and had expressly referred to the term\ncollision estimator licensee, except that the term "certificate of\nregistration" shall be read as "estimator's license" and the term\n"registrant" as "licensee".\n 6. (a) In addition to the requirements of subdivision one of this\nsection, if an inflatable restraint system is replaced, the motor\nvehicle repair shop shall state on the repair invoice the name and tax\nidentification number from whom such replacement inflatable restraint\nsystem was purchased. The vehicle repair shop shall, in the case of any\nsalvaged inflatable restraint system installed, also state on the repair\ninvoice the vehicle dismantler's registration number, the vehicle\nidentification number of the vehicle from which the inflatable restraint\nsystem was salvaged and the part number of the salvaged inflatable\nrestraint system. The insurer and the consumer shall receive a copy of\nthe purchase invoice for such replacement inflatable restraint systems.\n (b) An inflatable system which has been activated in a crash or stolen\nshall be replaced only with an inflatable restraint system newly\nmanufactured for first-time use.\n (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, an inflatable restraint system may be replaced by one\nsalvaged and sold by a vehicle dismantler registered pursuant to section\nfour hundred fifteen-a of this chapter, provided, however, that the\nsalvaged inflatable restraint system has been sold in accordance with\nthe provisions of section four hundred fifteen-c of this chapter.\n (d) Notwithstanding any other provisions of law to the contrary, a\nconsumer has the right to seek installation of a salvaged inflatable\nrestraint system as provided in paragraph (c) of this subdivision,\nprovided however, nothing shall require any facility to install a\nsalvaged inflatable restraint system. A salvage installation shall only\nbe done with the specific authorization of the customer. The invoice\nmust prominently state, "Salvage inflatable restraint system." No other\nterms such as "used" or "as is" shall be used. The invoice must clearly\nstate the terms of the warranty or guarantee, if given, or state "No\nwarranty or guarantee given." A salvaged inflatable restraint system\nmust be of the exact same type as the unit with which the vehicle was\noriginally equipped.\n (e) On and after March first, nineteen hundred ninety-nine, in no case\nshall any inflatable restraint system be replaced with anything other\nthan a newly manufactured inflatable restraint system or a salvaged\ninflatable restraint system certified according to standards established\nby a nationally recognized testing, engineering and research body as\nprovided for in subdivision two of section four hundred fifteen-c of\nthis chapter.\n 7. Each motor vehicle repair shop which either removes or installs\ninflatable restraint systems shall maintain a log book containing the\nfollowing information: (a) the date of installation, (b) the vehicle\nidentification number, license plate number, and make and model of the\nrepaired vehicle, (c) the replacement inflatable restraint system's part\nnumber, (d) in the case of a salvaged inflatable restraint system, (1)\nthe vehicle identification number of the vehicle from which the\nreplacement inflatable restraint system was salvaged, and (2) the name,\ntax identification number, and registration number of the automobile\ndismantler from whom such salvaged inflatable restraint system was\npurchased, (e) in the case of a new replacement inflatable restraint\nsystem, the name and tax identification number of the supplier. Such\nrecords shall be maintained in a manner and form prescribed by the\ncommissioner. Upon request of an agent of the commissioner or of any\npolice officer and during its regular and usual business hours, the\nmotor vehicle repair shop shall produce such records and permit said\nagent or police officer to examine them.\n