N.Y. Vehicle & Traffic Law § 398-b: Definitions

§ 398-b. Definitions. 1. For the purposes of this article, the term

"motor vehicle" shall mean motor vehicles as defined by section one

hundred twenty-five and trailers as defined by section one hundred

fifty-six of this chapter.

2. As used in this article the term "motor vehicle repair shop" means

any person who, for compensation, is wholly or partially engaged in the

business of repairing or diagnosing motor vehicle malfunctions or

repairing motor vehicle bodies, fenders or other components damaged by

accident or otherwise, except that such term does not include:

(a) an employee of a motor vehicle repair shop who engages in the

business of repairing motor vehicles solely by reason of his employment;

(b) any person who is solely engaged in the business of repairing the

motor vehicles of a single commercial or industrial establishment, or of

the federal, state or a local government or any agency thereof; or

(c) any person whose activities consist solely of fueling, changing

oil, water, batteries or tires, replacing fan belts, air filters or oil

filters, installing windshield wiper blades or light bulbs, or such

other minor repair and servicing functions as the commissioner shall by

rule prescribe; or

(d) any person solely engaged in the business of repairing farm or

road building machines, or such other utility vehicles as the

commissioner may by regulation designate.

The term "motor vehicle repair shop" shall also include any shop,

drive-in station, or garage operated by any person, firm, corporation or

association at which motor vehicles are inspected for the purposes of

appraising, evaluating or estimating the extent or value of motor

vehicle damage or the necessity or cost of motor vehicle repairs.