N.Y. General Business Law § 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

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.