A08050 Summary:

BILL NOA08050
 
SAME ASNo Same As
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd 398-d, V & T L; amd 3411, Ins L
 
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.
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A08050 Actions:

BILL NOA08050
 
05/31/2019referred to insurance
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A08050 Committee Votes:

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A08050 Floor Votes:

There are no votes for this bill in this legislative session.
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A08050 Memo:

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.
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A08050 Text:



 
                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
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A08050 LFIN:

 NO LFIN
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A08050 Chamber Video/Transcript:

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