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A06943 Summary:

BILL NOA06943
 
SAME ASSAME AS S04879
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Add §392-k, Gen Bus L
 
Establishes standards for glass repair and calibration of advanced driver assistance systems for motor vehicle glass repair facilities.
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A06943 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6943
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the general business law, in relation to establishing standards for glass repair and calibration of advanced driver assistance systems   PURPOSE: The purpose of this bill is to provide important consumer protections for the replacement and recalibration of automotive safety glass.   SUMMARY OF PROVISIONS: Section 1 includes new requirements for motor vehicle glass repair and replacement. *Defines "advanced driver assistance system," "calibrate or recali- brate," "motor vehicle glass repair facility," "motor vehicle glass," and "repair or replacement of damaged motor vehicle glass." *Requires that certain information and notifications be provided to consumers prior to motor vehicle glass repair. *Requires certain requirements for calibration and recalibration of motor vehicle glass Repair or replacement. *Provides for a civil penalty of $2,500 for violations. Section 2 is the effective date.   JUSTIFICATION: Technology advancements make replacing car windshields a highly techni- cal process as today's cars have more cameras and other sensors in their windshields. When those windshields need to be replaced, they also must be properly "recalibrated" to ensure the sensors are properly working. Today, each new motor vehicle is equipped with an ADAS safety feature. ADAS stands for Advanced driver-assistance systems (ADm), which are electronic systems in a vehicle that use advanced technologies to assist the driver. If a windshield on a new car is replaced improperly - if it is not recalibrated the consequences can be catastrophic for the future opera- tion of that vehicle. An error in recalibrating the cameras and sensors of just one millimeter can result in a serious, life-threatening acci- dent. This bill would require that consumers be provided with pertinent infor- mation regarding the type of work being done for motor vehicle glass repair or replacement and whether a recalibration of ADAS is required and whether or not a motor vehicle repair facility can calibrate or recalibrate the vehicle's ADAS to manufacturer' s specifications. If a motor vehicle glass repair facility cannot perform the ADAS cali- bration or recalibration, then they must inform the consumer in writing that the recalibration was not successful or was not performed and that the vehicle should be taken to a facility that is capable of performing the calibration or recalibration. This bill does not prohibit a motor vehicle glass repair facility from repairing or replacing motor vehicle glass.   LEGISLATIVE HISTORY: New Bill   STATE AND LOCAL FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A06943 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6943
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2025
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN  ACT  to  amend the general business law, in relation to establishing
          standards for glass repair and calibration of advanced driver  assist-
          ance systems
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    § 392-k. Motor vehicle glass repair and replacement;  calibration  and
     4  recalibration  of  advanced  driver assistance systems; consumer disclo-
     5  sure.  1. Definitions. For the purposes of this section,  the  following
     6  terms shall have the following meanings:
     7    (a)  "Advanced  driver assistance system" shall mean any motor vehicle
     8  electronic safety system, including, but  not  limited  to  sensors  and
     9  cameras,  as outlined in the most recent publication of the SAE Interna-
    10  tional's SAE J3016 levels of driving automation  that  are  designed  to
    11  support both the driver and motor vehicle in a manner intended to:
    12    (i) increase motor vehicle safety; and
    13    (ii) reduce losses associated with motor vehicle crashes.
    14    (b)  "Calibrate" or "Recalibrate" shall mean to instruct a motor vehi-
    15  cle's advanced driver assistance system, including  internal  computers,
    16  to readjust targeted cameras, sensors, or other technologies to function
    17  properly  in accordance with the motor vehicle's manufacturer specifica-
    18  tions.
    19    (c) "Motor vehicle glass  repair  facility"  shall  mean  any  person,
    20  including  the  person's  employees  and  agents  that for consideration
    21  engages in the repair or replacement of damaged safety glass as  defined
    22  in  subdivision  fourteen  of  section three hundred seventy-five of the
    23  vehicle and traffic law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09393-01-5

        A. 6943                             2
 
     1    (d) "Motor vehicle glass" shall mean the  glass  and  non-glass  parts
     2  associated  with  the  replacement  of the glass used in the windshield,
     3  door or windows and the glass, plastic, or other materials used in vehi-
     4  cle glass manufacturing.
     5    (e)  "Repair or replacement of damaged motor vehicle glass" shall mean
     6  inspecting, repairing, restoring, or  replacing  damaged  motor  vehicle
     7  glass  and  calibrating  or  recalibrating an advanced driver assistance
     8  system when an incident requires the replacement of motor vehicle glass.
     9    (f) "SAE J3016" shall mean the  Taxonomy  and  Definitions  for  Terms
    10  Related  to  Driving  Automation  Systems  for  On-Road  Motor  Vehicles
    11  published by SAE International in April two thousand twenty-one.
    12    2. Requirements. If a motor vehicle is equipped with an advanced driv-
    13  er assistance system, a motor vehicle glass repair  shop  that  conducts
    14  safety  glass  or  motor  vehicle  glass repair, replacement, or recali-
    15  bration shall inform the consumer:
    16    (a) if a recalibration of the advanced  driver  system  assistance  is
    17  required; and
    18    (b)  if  a  recalibration  of the advanced driver assistance system is
    19  performed that such system shall meet the motor  vehicle's  manufacturer
    20  specifications.
    21    3.  Notification.  (a)  A  motor  vehicle  glass repair facility shall
    22  provide to consumers an itemized description of the work to be  done  on
    23  the motor vehicle.
    24    (b)  A  motor  vehicle  glass repair facility shall not represent to a
    25  consumer that the cost of a repair, replacement or calibration or recal-
    26  ibration shall be paid for entirely by the consumer's insurer and at  no
    27  cost  to  the consumer unless the cost of the repair, replacement, cali-
    28  bration or recalibration is fully covered as provided by the  consumer's
    29  insurance policy.
    30    (c)  A  motor  vehicle glass repair facility shall not contract with a
    31  person for a repair or replacement of  damaged  safety  glass  or  motor
    32  vehicle  glass  until the motor vehicle glass repair shop has received a
    33  claim or referral number for insurance covered damage.
    34    (d) Prior to finalizing a contract for repair with a  consumer  for  a
    35  repair  or  replacement  of damaged motor vehicle glass, a motor vehicle
    36  glass repair facility shall notify such consumer:
    37    (i) whether such motor  vehicle  has  an  advanced  driver  assistance
    38  system;
    39    (ii)  whether  the calibration or recalibration of the motor vehicle's
    40  advanced driver assistance system is required to:
    41    (1) make the advanced driver assistance system operable; and
    42    (2) ensure that the repair or replacement  of  damaged  motor  vehicle
    43  glass  is  performed  in  a manner that meets the vehicle manufacturer's
    44  specifications;
    45    (iii) whether the motor vehicle glass repair facility can calibrate or
    46  recalibrate the advanced driver assistance system in a manner that meets
    47  the motor vehicle's manufacturers specifications; and
    48    (iv) if the motor vehicle glass repair  facility  is  not  capable  of
    49  performing  a  calibration or recalibration as referenced in subdivision
    50  three of this section, that the motor vehicle should  be  taken  to  the
    51  vehicle's  manufacturer  certified  dealership or a qualified specialist
    52  capable of performing the calibration or recalibration  that  meets  the
    53  vehicle's manufacturer specifications.
    54    4. Unsuccessful recalibration. If a recalibration was not performed or
    55  not  completed  successfully,  the  motor  vehicle glass repair facility
    56  shall inform the consumer and the consumer's insurer  electronically  or

        A. 6943                             3
 
     1  in  writing  that  the  recalibration  was  not  successful  or  was not
     2  performed and that the motor vehicle should be  taken  to  a  franchised
     3  motor vehicle dealer or a motor vehicle glass repair facility capable of
     4  performing  the  calibration  or  recalibration  of  an  advanced driver
     5  assistance system that meets the motor vehicle manufacturer's specifica-
     6  tions.
     7    5. Recalibration requirements. A motor vehicle glass  repair  facility
     8  that  conducts  a  calibration,  recalibration or replacement on a motor
     9  vehicle equipped with an advanced driver system shall:
    10    (a) shall recalibrate the advanced driver assistance  system  to  meet
    11  such motor vehicle's manufacturer specifications; and
    12    (b)  is  not  limited  to  safety glass or motor vehicle glass, tools,
    13  equipment, or repair procedures dictated or  recommended  by  the  motor
    14  vehicle  manufacturer to meet such motor vehicle's manufacturer specifi-
    15  cations.
    16    6. Billing. A motor vehicle glass repair facility shall  not  bill  or
    17  charge  the consumer or the consumer's insurer for safety glass or motor
    18  vehicle glass repair, replacement, calibration or recalibration services
    19  that are not performed in accordance with the motor  vehicle's  manufac-
    20  turer specifications.
    21    7.  Penalties. A motor vehicle glass repair facility that violates the
    22  provisions of this section shall be liable for a penalty of two thousand
    23  five hundred dollars per occurrence.
    24    § 2. This act shall take effect immediately.
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