A06943 Summary:
BILL NO | A06943B |
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SAME AS | SAME AS S04879-B |
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SPONSOR | Hunter |
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COSPNSR | Otis |
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MLTSPNSR | |
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Add §392-k, Gen Bus L | |
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Establishes standards for glass repair and calibration of advanced driver assistance systems for motor vehicle glass repair facilities. |
A06943 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A6943B 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.
A06943 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6943--B 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09393-04-5A. 6943--B 2 1 in subdivision fourteen of section three hundred seventy-five of the 2 vehicle and traffic law. 3 (d) "Motor vehicle glass" shall mean the glass and non-glass parts 4 associated with the replacement of the glass used in the windshield, 5 door or windows and the glass, plastic, or other materials used in vehi- 6 cle glass manufacturing. 7 (e) "Repair or replacement of damaged motor vehicle glass" shall mean 8 inspecting, repairing, restoring, or replacing damaged motor vehicle 9 glass and calibrating or recalibrating an advanced driver assistance 10 system when an incident requires the replacement of motor vehicle glass. 11 (f) "SAE J3016" shall mean the Taxonomy and Definitions for Terms 12 Related to Driving Automation Systems for On-Road Motor Vehicles 13 published by SAE International in April two thousand twenty-one. 14 2. Requirements. If a motor vehicle is equipped with an advanced driv- 15 er assistance system, a motor vehicle glass repair shop that conducts 16 safety glass or motor vehicle glass repair, replacement, or recali- 17 bration shall inform the consumer: 18 (a) if a recalibration of the advanced driver assistance system is 19 required; and 20 (b) if a recalibration of the advanced driver assistance system is 21 performed that such system shall meet the motor vehicle's manufacturer 22 specifications. 23 3. Notification. (a) A motor vehicle glass repair facility shall 24 provide to consumers an itemized description of the work to be done on 25 the motor vehicle. 26 (b) A motor vehicle glass repair facility shall not represent to a 27 consumer that the cost of a repair, replacement or calibration or recal- 28 ibration shall be paid for entirely by the consumer's insurer and at no 29 cost to the consumer unless the cost of the repair, replacement, cali- 30 bration or recalibration is fully covered as provided by the consumer's 31 insurance policy. 32 (c) A motor vehicle glass repair facility shall not contract with a 33 person for a repair or replacement of damaged safety glass or motor 34 vehicle glass until the motor vehicle glass repair shop has received a 35 claim or referral number for insurance covered damage. 36 (d) Prior to finalizing a contract for repair with a consumer for a 37 repair or replacement of damaged motor vehicle glass, a motor vehicle 38 glass repair facility shall notify such consumer: 39 (i) whether such motor vehicle has an advanced driver assistance 40 system; 41 (ii) whether the calibration or recalibration of the motor vehicle's 42 advanced driver assistance system is required to: 43 (1) make the advanced driver assistance system operable; and 44 (2) ensure that the repair or replacement of damaged motor vehicle 45 glass is performed in a manner that meets the vehicle manufacturer's 46 specifications; 47 (iii) whether the motor vehicle glass repair facility can calibrate or 48 recalibrate the advanced driver assistance system in a manner that meets 49 the motor vehicle's manufacturers specifications; and 50 (iv) if the motor vehicle glass repair facility is not capable of 51 performing a calibration or recalibration as referenced in subdivision 52 three of this section, that the motor vehicle should be taken to the 53 vehicle's manufacturer certified dealership or a qualified specialist 54 capable of performing the calibration or recalibration that meets the 55 vehicle's manufacturer specifications.A. 6943--B 3 1 4. Unsuccessful recalibration. If a recalibration was not performed or 2 not completed successfully, the motor vehicle glass repair facility 3 shall inform the consumer and the consumer's insurer electronically or 4 in writing that the recalibration was not successful or was not 5 performed and that the motor vehicle should be taken to a franchised 6 motor vehicle dealer or a motor vehicle glass repair facility capable of 7 performing the calibration or recalibration of an advanced driver 8 assistance system that meets the motor vehicle manufacturer's specifica- 9 tions. 10 5. Recalibration requirements. A motor vehicle glass repair facility 11 that conducts a calibration, recalibration or replacement on a motor 12 vehicle equipped with an advanced driver assistance system shall: 13 (a) shall recalibrate the advanced driver assistance system to meet 14 such motor vehicle's manufacturer specifications; and 15 (b) is not limited to safety glass or motor vehicle glass, tools, 16 equipment, or repair procedures dictated or recommended by the motor 17 vehicle manufacturer to meet such motor vehicle's manufacturer specifi- 18 cations. 19 6. Billing. A motor vehicle glass repair facility shall not bill or 20 charge the consumer or the consumer's insurer for safety glass or motor 21 vehicle glass repair, replacement, calibration or recalibration services 22 that are not performed in accordance with the motor vehicle's manufac- 23 turer specifications. 24 7. Assignment of benefits. (a) No motor vehicle glass repair facility 25 shall include an assignment of benefits provision for a consumer's 26 insurance policy in any agreement with such consumer or require a 27 consumer to sign an assignment of benefits agreement as a condition of 28 repairing or replacing damaged motor vehicle glass. 29 (b) Any contract entered in violation of this subdivision shall be 30 void and unenforceable. 31 (c) Nothing in this subdivision shall be construed to prohibit a 32 consumer from authorizing or directing payment to, or paying, a motor 33 vehicle glass repair facility for repair or replacement of damaged motor 34 vehicle glass covered under an insurance policy. 35 8. Inducement. No motor vehicle glass repair facility or agent thereof 36 shall offer a rebate, gift, gift card, cash, coupon, fee, prize, bonus, 37 payment, incentive, inducement, or any other thing of value to any 38 consumer in exchange for directing or making a claim under a motor vehi- 39 cle insurance policy for a repair or replacement of damaged motor vehi- 40 cle glass. 41 9. Penalties. A motor vehicle glass repair facility that violates the 42 provisions of this section shall be liable for a penalty of two thousand 43 five hundred dollars per occurrence. 44 § 2. This act shall take effect immediately.