2023 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.