N.Y. Vehicle & Traffic Law § 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.