New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.5 - Obligations of the repair shop

Current through Register Vol. 46, No. 28, July 10, 2024
The repair shop shall:
(a) upon the request of any customer, make an
				  estimate in writing of the parts and labor necessary for each specific repair
				  or service offered and shall not charge for work done or parts supplied in
				  excess of the estimate without the consent of such customer. The repair shop
				  may charge a reasonable fee for making an estimate. The estimate shall contain
				  the following: the customer's name, the name and facility number of the repair
				  shop, the date of the estimate, a list of parts necessary for each specific
				  repair together with the costs for each part, indicating any parts which are
				  not new parts of at least original equipment quality, the labor charge for each
				  repair together with the costs of each labor charge, year and make of vehicle,
				  registration plate number or vehicle identification number, a description of
				  the problem reported by the customer, and a statement informing the customer of
				  his right to receive replaced parts if the customer makes a written request for
				  such return. In addition, for body parts, the repair shop must indicate if the
				  part is a new original equipment manufacturer part, a new after market
				  equipment manufacturer part or a used part. A statement on an estimate that all
				  body parts are in one of the three classes except as otherwise indicated
				  complies with this last requirement. All information on an estimate must be
				  legible;
(b) not perform any
				  services not authorized by the customer by a work order. If a repair shop
				  prepares a written work order, a copy shall be given to the customer. If a
				  written work order is prepared by the customer, such work order shall be
				  attached to the invoice. If the customer gives an oral work order, the oral
				  work order shall be noted on the invoice and shall include the date, time and
				  manner of authorization and by whom such authorization was given;
(c) provide the customer with an invoice. An
				  invoice shall contain the following information: the name, address and facility
				  number of the repair shop, the date of the invoice, the date the vehicle was
				  presented to the repair shop for repair or services, a list of all parts
				  supplied and labor performed, including the cost for each such part and labor,
				  a notation indicating the status of any part used which is not new and of at
				  least original quality (i.e., used, rebuilt, etc.), the odometer reading at the
				  time the invoice was prepared, a promised date of delivery, if any such date
				  was given, the name of the customer, year, make, and plate number and/or
				  vehicle identification number of the vehicle, the terms and time limit of any
				  guarantee for the repair work performed, a description of the problem reported
				  by the customer, and the repair shop registration number. If the inflatable
				  restraint system is replaced, the invoice shall indicate the name and tax
				  identification number from whom the inflatable restraint was purchased. If such
				  system is a salvage unit, the invoice must also state the dismantler's
				  registration number, the vehicle identification number of the vehicle from
				  which the unit came and the part number from the salvage inflatable restraint
				  system. The invoice must indicate "salvage inflatable restraint system" if a
				  salvage unit was used. The insurer and consumer shall receive a copy of the
				  purchase invoice for the replacement inflatable restraint system. A repair
				  performed under warranty requires an invoice which complies with this
				  subdivision. In addition, if body parts were used in the repair, the invoice
				  must indicate if each such part is a new original equipment manufacturer part,
				  a new after-market equipment manufacturer part or a used part. A statement on
				  an invoice that all body parts are in one of the three classes except as
				  otherwise indicated complies with this last requirement. All information on an
				  invoice must be legible;
(d) return
				  replaced parts if a timely written demand is made by the customer. If work is
				  authorized over the telephone, it shall be presumed that the customer wants his
				  parts returned and the repair shop shall keep such parts until the customer or
				  his agent appears to retrieve the motor vehicle at which time the replaced
				  parts shall be given to the customer if he so directs. Customers may not waive
				  their rights to replaced parts over the telephone. This subdivision does not
				  apply to parts, components or equipment normally sold on an exchange basis or
				  subject to a manufacturer's warranty;
(e) operate the vehicle while in its
				  possession only in accordance with the directions of the customer or as is
				  necessary to repair or road-test the vehicle;
(f) make repairs covered by
				  guarantee;
(g) provide quality
				  repairs;
(h) not commit a fraud or
				  a deceptive practice;
(i) not
				  grossly overcharge;
(j) upon
				  request of the customer, return the registration number plates to the customer,
				  or, within 24 hours of the request, personally deliver or mail by special
				  delivery first-class mail to the nearest motor vehicle office the registration
				  number plates and a notice that the vehicle is being held to satisfy a lien for
				  storage or repairs;
(k)
				  [Reserved]
(l) complete repairs in
				  a prompt and timely fashion unless needed parts are unavailable or
				  extraordinary circumstances prevent it;
(m) not service an air conditioning system
				  unless it uses approved motor vehicle refrigerant recycling equipment;
				  and
(n) an activated/deployed, or
				  stolen inflatable restraint may only be replaced with a unit newly manufactured
				  for first-time use. However, a salvaged undeployed inflatable restraint system
				  may be used as a replacement only if the consumer specifically requests a
				  salvaged unit and proper documentation procedures are followed. However,
				  nothing shall require a repair shop to install a salvaged inflatable restraint.
				  In addition, on and after March 1, 1998, only a new inflatable restraint system
				  or a salvage unit certified according to standards established by a nationally
				  recognized testing, engineering and research body may be used for an inflatable
				  restraint repair or replacement.