2020 New York Laws
VAT - Vehicle and Traffic
Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
Article 12-A - Motor Vehicle Repair Shop Registration Act
398-D - Motor Vehicle Repair Shop Requirements.

§ 398-d. Motor vehicle repair shop requirements. 1. All work done by a
motor  vehicle  repair  shop  shall  be recorded on an invoice and shall
describe all service work done and parts supplied. If any used parts are
supplied, the invoice shall clearly state that fact.  If  any  component
system  installed  is composed of new and used parts, such invoice shall
clearly state that fact. If any body parts are  supplied  to  a  vehicle
with  a  gross vehicle weight not in excess of eighteen thousand pounds,
the invoice shall clearly state whether such parts were manufactured  as
original  equipment  parts  for  the  vehicle,  or  were manufactured as
non-original replacement parts or  are  used  parts.  One  copy  of  the
invoice shall be given to the customer and one copy shall be retained by
the  motor  vehicle  repair  shop. For the purposes of insuring that the
repairs described  on  the  work  invoice  have  been  performed,  every
customer  and  his  representative  or  a representative of an insurance
company where such company has paid or is liable  to  pay  a  claim  for
damage  to  such  customer's motor vehicle shall have a right to inspect
the repaired motor vehicle. Such right of inspection shall also  include
the  right  to inspect all replaced parts and components thereof, except
warranty  or  exchange  parts.  Provided,  however,  the  exception  for
warranty  or exchange parts from the right of inspection shall not apply
to replacement inflatable restraint systems. Any such inspection  by  an
insurer  shall  be  made in a manner consistent with the requirements of
sections two thousand six hundred one and three  thousand  four  hundred
eleven  of  the  insurance law. The motor vehicle repair shop shall make
available to the customer, upon timely written demand, or for such  work
authorized  over  the  telephone,  shall keep until the customer's motor
vehicle is  retrieved,  all  replaced  parts,  components  or  equipment
excepting  any  parts,  components  or  equipment  normally  sold  on an
exchange basis or subject to a warranty.
   2. Upon the request of any customer,  a  motor  vehicle  repair  shop
shall make an estimate in writing of the parts and labor necessary for a
specific  job  and  shall  not charge for work done or parts supplied in
excess of the estimate without the consent of such customer.  The  motor
vehicle  repair shop may charge a reasonable fee for making an estimate.
If any body parts are included in the estimate  for  a  vehicle  with  a
gross  vehicle  weight  not  in  excess of eighteen thousand pounds, the
estimate shall clearly state whether such  parts  were  manufactured  as
original  equipment  parts  for  the  vehicle,  or  were manufactured as
non-original replacement parts or are used parts.
  3. Each motor vehicle repair shop shall maintain such records  as  are
required  by  the regulations of the commissioner and such records shall
be available for inspection by the commissioner or his  designee  during
all  business  hours. Where a motor vehicle repair shop changes its name
or location, notification thereof shall be given to the commissioner not
more than ten days therefrom.
  4. (a) Every motor vehicle repair shop shall display in a  conspicuous
place  in  such  shop  a  sign  stating: PURSUANT TO SECTION 2610 OF THE
INSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE  MADE
TO  A  MOTOR  VEHICLE  IN  A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A
RIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR CHOICE.

(b) Such sign shall be made of a durable material capable of withstanding outdoor climatic conditions, with the letters being at least two inches high and having a stroke of at least one-half inch. The letters and background shall be of contrasting colors. 5. Every person who shall write any auto body repair estimate on behalf of a motor vehicle repair shop, whether registered or not, must hold a valid estimator's license for such purpose issued by the commissioner. The form and manner of applying for such license shall be prescribed by regulation to be promulgated by the commissioner. The commissioner shall in the commissioner's discretion establish criteria for the issuing of such license. Each application for the license required hereunder shall be accompanied by an application fee of twenty-five dollars which shall in no event be refunded. If an application is approved by the commissioner, upon payment by the applicant of the additional fee of one hundred fifty dollars, the applicant shall be granted such license which shall be valid for a period of three years. The renewal fee for any license issued pursuant to this subdivision shall be one hundred fifty dollars. 5-a. All the provisions of section three hundred ninety-eight-f of article twelve-A of this chapter shall apply to the provisions of subdivision five of this section with the same force and effect as if the language of those provisions had been incorporated in full into subdivision five of this section and had expressly referred to the term collision estimator licensee, except that the term "certificate of registration" shall be read as "estimator's license" and the term "registrant" as "licensee". 6. (a) In addition to the requirements of subdivision one of this section, if an inflatable restraint system is replaced, the motor vehicle repair shop shall state on the repair invoice the name and tax identification number from whom such replacement inflatable restraint system was purchased. The vehicle repair shop shall, in the case of any salvaged inflatable restraint system installed, also state on the repair invoice the vehicle dismantler's registration number, the vehicle identification number of the vehicle from which the inflatable restraint system was salvaged and the part number of the salvaged inflatable restraint system. The insurer and the consumer shall receive a copy of the purchase invoice for such replacement inflatable restraint systems.

(b) An inflatable system which has been activated in a crash or stolen shall be replaced only with an inflatable restraint system newly manufactured for first-time use.

(c) Notwithstanding the provisions of paragraph (b) of this subdivision, an inflatable restraint system may be replaced by one salvaged and sold by a vehicle dismantler registered pursuant to section four hundred fifteen-a of this chapter, provided, however, that the salvaged inflatable restraint system has been sold in accordance with the provisions of section four hundred fifteen-c of this chapter.

(d) Notwithstanding any other provisions of law to the contrary, a consumer has the right to seek installation of a salvaged inflatable restraint system as provided in paragraph (c) of this subdivision, provided however, nothing shall require any facility to install a salvaged inflatable restraint system. A salvage installation shall only be done with the specific authorization of the customer. The invoice must prominently state, "Salvage inflatable restraint system." No other terms such as "used" or "as is" shall be used. The invoice must clearly state the terms of the warranty or guarantee, if given, or state "No warranty or guarantee given." A salvaged inflatable restraint system must be of the exact same type as the unit with which the vehicle was originally equipped.

(e) On and after March first, nineteen hundred ninety-nine, in no case shall any inflatable restraint system be replaced with anything other than a newly manufactured inflatable restraint system or a salvaged inflatable restraint system certified according to standards established by a nationally recognized testing, engineering and research body as provided for in subdivision two of section four hundred fifteen-c of this chapter. 7. Each motor vehicle repair shop which either removes or installs inflatable restraint systems shall maintain a log book containing the following information: (a) the date of installation, (b) the vehicle identification number, license plate number, and make and model of the repaired vehicle, (c) the replacement inflatable restraint system's part number, (d) in the case of a salvaged inflatable restraint system, (1) the vehicle identification number of the vehicle from which the replacement inflatable restraint system was salvaged, and (2) the name, tax identification number, and registration number of the automobile dismantler from whom such salvaged inflatable restraint system was purchased, (e) in the case of a new replacement inflatable restraint system, the name and tax identification number of the supplier. Such records shall be maintained in a manner and form prescribed by the commissioner. Upon request of an agent of the commissioner or of any police officer and during its regular and usual business hours, the motor vehicle repair shop shall produce such records and permit said agent or police officer to examine them.

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