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 82.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions shall apply to this Part:
(a) Day. A calendar day except that if the
				  last day is a Saturday, Sunday or holiday there shall be an extension of time
				  to the conclusion of the next business day.
(b) Estimate. The repair shop's determination
				  of the cost of parts and the cost of labor needed to perform offered services.
				  If a teardown is needed to determine the services required to repair a motor
				  vehicle malfunction or a motor vehicle body, fender or other component damaged
				  by accident or otherwise, the estimate which includes the cost of teardown and
				  reassembly shall clearly state that such estimate does not include the cost of
				  repairs.
(c) Guarantee. An
				  obligation undertaken by a repair shop to rerepair a vehicle at no charge or at
				  a reduced charge for parts or labor or both.
(d) Invoice. A bill in writing listing the
				  details of the transaction between the repair shop and the customer as required
				  by this Part.
(e) Material false
				  statement. A knowingly misleading or untrue assertion which, if revealed, might
				  have resulted in the denial of the application.
(f) Place of business. An address where
				  repair shop services are offered or ordinarily performed.
(g) Reasonable fee for making an estimate. An
				  amount based on no more than the shop's labor charge, calculated by clock
				  hours, or $1, whichever is greater.
(h) Repair. Any alteration or adjustment to a
				  motor vehicle, or diagnosing a malfunction.
(i) Timely written demand. A request in
				  writing made to the repair shop operator by the customer before any work is
				  done on the vehicle.
(j) True
				  owner. The controlling interest in the business.
(k) Warranty. A promise made by a
				  manufacturer that a vehicle will be repaired at no charge or at a reduced
				  charge for parts or labor or both.
(l) Work order. An authorization, either oral
				  or written, on the part of the customer for the repair shop to perform a
				  service.
(m) Diagnostic center. A
				  business which examines motor vehicles to determine the cause or location of
				  malfunctions in motor vehicles.
(n)
				  Drive-in station. A place to which consumers drive their motor vehicles to have
				  them appraised for damage in connection with insurance. Drive-in stations may
				  be permanent facilities or mobile operations. If a particular site is used as a
				  drive-in facility for less than two days a week, it may qualify for
				  registration as part of a mobile unit.
(o) Motor vehicle. Every vehicle operated,
				  driven or towed upon a public highway except:
(1) electrically driven invalid chairs being
				  operated or driven by an invalid;
(2) vehicles which run only upon rails or
				  tracks;
(3) snowmobiles;
				  and
(4) towed vehicles designed and
				  primarily used for some purpose other than transporting people or
				  property.