Provides that in the repair of a collision damaged motor vehicle, no motor vehicle repair shop or insurer shall deviate from the collision repair guidelines, procedures, recommendations and service bulletins issued by a vehicle or original equipment manufacturer without the written authorization from the vehicle owner or such owner's representative.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8050
SPONSOR: Magnarelli TITLE OF BILL: An act to amend the vehicle and traffic law and the
insurance law, in relation to requiring compliance with collision repair
guidelines and service bulletins issued by vehicle or original equipment
manufacturers
PURPOSE OR GENERAL IDEA OF BILL:
This legislation requires motor vehicle repair shops to follow original
equipment manufacturers (OEM) guidelines for collision repairs and
forbids insurance companies from requiring repair shops to deviate from
those guidelines.
SUMMARY OF PROVISIONS:
Section 1 Adds new subdivision 8 to § 398-d of the Vehicle and Traffic
Law forbidding motor vehicle repair shops from deviating from OEM colli-
sion repair guidelines, procedures, recommendations and service bulle-
tins without the written consent of the vehicle owner.
Section 2 Adds new subsection n to § 3411 of the Insurance Law forbid-
ding insurers from requiring that automotive repair shops deviate from
OEM collision repair guidelines, procedures, recommendations and service
bulletins without the written consent of the vehicle owner. It also
specifies that if the OEM procedure includes a directive to scan, cali-
brate or preform a diagnostic test of a vehicle's electronic systems, it
will be considered a required part of the repair procedure.
Section 3 establishes the effective date.
JUSTIFICATION:
Modern automobiles are equipped with a variety of electronic features
designed to promote safety, examples include: blind spot monitoring,
front collision prevention and lane assistance. When these systems are
damaged in a collision, the OEM has very specific procedures for the
repair of the vehicle and these systems. Failure to follow those proce-
dures could result in their failure, endangering drivers in the process.
Many automotive repair shops report that insurance companies are pres-
suring them to disregard OEM procedures to lower the cost of repairs.
This legislation forbids repair shops from deviating from OEM collision
repair guidelines, procedures, recommendations and service bulletins
without the written consent of the vehicle owner. It also forbids insur-
ance companies from requiring repair shops do the same. This will
ensure that vehicles are repaired properly and drivers can trust the
reliability of these safety systems in the car after a collision.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
1st of January next succeeding the date on which is shall become a law.
STATE OF NEW YORK
________________________________________________________________________
8050
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Insurance
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to requiring compliance with collision repair guidelines and
service bulletins issued by vehicle or original equipment manufactur-
ers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 398-d of the vehicle and traffic law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Notwithstanding any provision of law to the contrary, no motor
4 vehicle repair shop shall deviate from the collision repair guidelines,
5 procedures, recommendations and service bulletins issued by a vehicle or
6 original equipment manufacturer in the repair of a collision damaged
7 vehicle without the written authorization from the vehicle owner or the
8 vehicle owner's authorized representative.
9 § 2. Subsection (n) of section 3411 of the insurance law is relettered
10 subsection (o) and a new subsection (n) is added to read as follows:
11 (n) No insurer shall directly or indirectly require the deviation from
12 the collision repair guidelines, procedures, recommendations and service
13 bulletins issued by a vehicle or original equipment manufacturer in the
14 repair of a collision damaged vehicle without the written authorization
15 from the vehicle owner or the vehicle owner's representative. If a
16 repair procedure or specification from a vehicle or original equipment
17 manufacturer includes a directive to conduct a scan, calibration, diag-
18 nostic test of vehicle electronic systems before or after the commence-
19 ment of repairs, such directive shall be considered as a required part
20 of the repair procedure.
21 § 3. This act shall take effect on the first of January next succeed-
22 ing the date on which it shall have become a law. Effective immediate-
23 ly, the addition, amendment and/or repeal of any rule or regulation
24 necessary for the implementation of this act on its effective date are
25 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11578-01-9
