NY Veh & Traf L § 398-D (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions Article 12-A - Motor Vehicle Repair Shop Registration Act 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.