S129A-2011 Actions

• Mar 21, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Dec 14, 2011: PRINT NUMBER 129A
• Dec 14, 2011: AMEND AND RECOMMIT TO CONSUMER PROTECTION
• Jan 5, 2011: REFERRED TO CONSUMER PROTECTION

S129A-2011 Memo

BILL NUMBER:S129A

TITLE OF BILL:
An act
to amend the general business
law, in relation to mandating
automobile manufacturers to release vehicle repair information to
vehicle owners

PURPOSE:
This act should be known as the "New York state consumers' right to
repair act of 2012." This act finds that the ability to diagnose,
service, and repair a motor vehicle in a timely, reliable, and
affordable manner is essential to the safety and well-being of
automotive consumers in the State of New York. In many instances,
vehicle access codes prevent owners from making, or having made, the
necessary diagnosis, service, and repair of their motor vehicles in a
timely, convenient, reliable and affordable manner. These access
codes or special equipment retained by the manufacturer shall now be
provided to the motor vehicle owners and the motor vehicle repair
shops when the vehicle's consumer wishes to seek repairs for their
vehicles. Consumers in New York have benefited from the availability
of an aftermarket parts supply, or parts and accessories used in the
repair, maintenance, or enhancement of a motor vehicle.

SUMMARY OF PROVISIONS:
The manufacturer of a motor vehicle in this act shall mean motor
vehicles as defined by section one hundred twenty-five and trailers
as defined by section one hundred fifty-six of the Vehicle and
Traffic Law), sold or introduced into commerce in New York, shall
provide to the vehicle owner (in this act means any person who owns,
leases, or otherwise has legal right to use and possess a motor
vehicle) the motor vehicle repair shop and to the department of motor
vehicles for use by any such vehicle owner or repair facility. The
information necessary to diagnose, service, or repair shall include,
but not be limited to, information necessary to integrate replacement
equipment into the vehicle and other information of any kind needed
or used to diagnose, service, repair, activate, certify, or install
any motor vehicle equipment (including replacement equipment) in a
motor vehicle.

JUSTIFICATION:
This legislation serves to provide vehicle owners in New York all the
information necessary to allow the diagnosis, service, and repair of
their vehicles, to choose between original parts and aftermarket
parts when repairing their motor vehicles and to make repairs
necessary to keep their vehicles in reasonably good and serviceable
condition during expected vehicle life.

LEGISLATIVE HISTORY:
2010: S.7302/A.6634-A
Similar to 2007-2008: A.5817-A and 2005-2006: A.7522

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, with provisions.

S129A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 129--A
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Consumer  Protection  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee
 

AN ACT to amend the general business law, in relation to mandating auto
 mobile manufacturers to release vehicle repair information to  vehicle
 owners
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state consumers' right to repair act of 2012".
 

S  2.  Legislative findings. The legislature finds that the ability to
 diagnose, service, and repair a motor vehicle in a timely, reliable, and
 affordable manner is essential to the safety and well-being  of  automo
 tive  consumers  in  the  state  of  New York. Consumers are entitled to
 choose among competing repair facilities for the  convenient,  reliable,
 and  affordable  repair  of  their motor vehicles. Increased competition
 among repair facilities will  benefit  vehicle  owners  in  this  state.
 Computers  of various kinds are increasingly being used in motor vehicle
 systems, such as pollution control, transmission, antilock brakes, elec
 tronic and mechanical systems, heating and air-conditioning, sound,  and
 steering.
 The legislature finds that the diagnosis, service, and repair of these
 vehicle  systems  are  essential  to  the safety and proper operation of
 modern motor vehicles. In many instances, access  codes  prevent  owners
 from  making,  or  having  made,  the  necessary diagnosis, service, and
 repair of their motor vehicles in a timely,  convenient,  reliable,  and
 affordable  manner. Consumers in New York have benefited from the avail
 ability of an aftermarket parts supply, or parts and accessories used in
 the repair, maintenance, or enhancement of a motor vehicle.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03263-02-1
 
       S. 129--A                           2
 The legislature therefore finds that vehicle owners in New York should
 have the right to all information  necessary  to  allow  the  diagnosis,
 service, and repair of their vehicles and to make, or have made, repairs
 necessary  to  keep  their  vehicles  in reasonably good and serviceable
 condition during the expected vehicle life.
 

S  3. The general business law is amended by adding a new article 11-C
 to read as follows:

 ARTICLE 11-C
 NEW YORK STATE CONSUMERS' RIGHT TO REPAIR ACT
 SECTION 199-S.   DEFINITIONS.
 199-T. MOTOR VEHICLE MANUFACTURER REQUIREMENTS.
 199-U. REMEDIES.
 

S 199-S. DEFINITIONS.  1. FOR THE PURPOSES OF THIS ARTICLE,  THE  TERM
 "MOTOR  VEHICLE"  SHALL  MEAN  MOTOR  VEHICLES AS DEFINED BY SECTION ONE
 HUNDRED TWENTY-FIVE AND TRAILERS  AS  DEFINED  BY  SECTION  ONE  HUNDRED
 FIFTY-SIX OF THE VEHICLE AND TRAFFIC LAW.
 2.  THE  TERM  "VEHICLE  OWNER"  MEANS  ANY PERSON WHO OWNS, LEASES OR
 OTHERWISE HAS THE LEGAL RIGHT TO USE AND POSSESS A MOTOR VEHICLE, OR THE
 AGENT OF SUCH PERSON.
 3. THE TERM "MOTOR VEHICLE REPAIR SHOP"  MEANS  ANY  PERSON  WHO,  FOR
 COMPENSATION,  IS WHOLLY OR PARTIALLY ENGAGED IN THE BUSINESS OF REPAIR
 ING OR DIAGNOSING MOTOR VEHICLE MALFUNCTIONS OR REPAIRING MOTOR  VEHICLE
 BODIES,  FENDERS  OR  OTHER COMPONENTS DAMAGED BY ACCIDENT OR OTHERWISE,
 EXCEPT THAT SUCH TERM DOES NOT INCLUDE:

 (A) AN EMPLOYEE OF A MOTOR VEHICLE REPAIR  SHOP  WHO  ENGAGES  IN  THE
 BUSINESS OF REPAIRING MOTOR VEHICLES SOLELY BY REASON OF HIS EMPLOYMENT;
 OR
 (B)  ANY PERSON WHO IS SOLELY ENGAGED IN THE BUSINESS OF REPAIRING THE
 MOTOR VEHICLES OF A SINGLE COMMERCIAL OR INDUSTRIAL ESTABLISHMENT, OR OF
 THE FEDERAL, STATE OR A LOCAL GOVERNMENT OR ANY AGENCY THEREOF; OR
 (C) ANY PERSON WHOSE ACTIVITIES CONSIST SOLELY  OF  FUELING,  CHANGING
 OIL,  WATER, BATTERIES OR TIRES, REPLACING FAN BELTS, AIR FILTERS OR OIL
 FILTERS, INSTALLING WINDSHIELD WIPER BLADES  OR  LIGHT  BULBS,  OR  SUCH
 OTHER  MINOR REPAIR AND SERVICING FUNCTIONS AS THE COMMISSIONER OF MOTOR
 VEHICLES SHALL BY RULE PRESCRIBE; OR
 (D) ANY PERSON SOLELY ENGAGED IN THE BUSINESS  OF  REPAIRING  FARM  OR
 ROAD  BUILDING  MACHINES,  OR SUCH OTHER UTILITY VEHICLES AS THE COMMIS
 SIONER OF MOTOR VEHICLES MAY BY REGULATION DESIGNATE.
 THE TERM "MOTOR VEHICLE REPAIR SHOP"  SHALL  ALSO  INCLUDE  ANY  SHOP,
 DRIVE-IN STATION, OR GARAGE OPERATED BY ANY PERSON, FIRM, CORPORATION OR
 ASSOCIATION  AT  WHICH  MOTOR VEHICLES ARE INSPECTED FOR THE PURPOSES OF
 APPRAISING, EVALUATING OR ESTIMATING THE EXTENT OR VALUE OF MOTOR  VEHI
 CLE DAMAGE OR THE NECESSITY OR COST OF MOTOR VEHICLE REPAIRS.
 

S  199-T. MOTOR VEHICLE MANUFACTURER REQUIREMENTS. 1. THE MANUFACTURER
 OF A MOTOR VEHICLE SOLD OR INTRODUCED INTO COMMERCE IN THIS STATE  SHALL
 PROVIDE  TO  THE  VEHICLE OWNER, TO THE MOTOR VEHICLE REPAIR SHOP AND TO
 THE DEPARTMENT OF MOTOR VEHICLES FOR USE BY ANY SUCH  VEHICLE  OWNER  OR
 REPAIR  FACILITY,  THE  INFORMATION  NECESSARY  TO DIAGNOSE, SERVICE, OR
 REPAIR THE VEHICLE. SUCH INFORMATION SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO,  INFORMATION  NECESSARY  TO INTEGRATE REPLACEMENT EQUIPMENT INTO THE
 VEHICLE AND OTHER INFORMATION OF ANY KIND NEEDED OR  USED  TO  DIAGNOSE,
 SERVICE,  REPAIR, ACTIVATE, CERTIFY, OR INSTALL ANY MOTOR VEHICLE EQUIP
 MENT (INCLUDING REPLACEMENT EQUIPMENT) IN A MOTOR VEHICLE.
 2. THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT REQUIRE  A  MANUFACTURER
 TO  PUBLICLY  DISCLOSE  INFORMATION  THAT, IF MADE PUBLIC, WOULD DIVULGE
 METHODS OR PROCESSES ENTITLED TO PROTECTION AS  TRADE  SECRETS  OF  THAT
 
       S. 129--A                           3
 MANUFACTURER,  BUT  MAY  REQUIRE  DISCLOSURE  OF SUCH INFORMATION TO THE
 DEPARTMENT OF MOTOR VEHICLES FOR THE PURPOSE OF DETERMINING WHETHER SUCH
 INFORMATION IS ENTITLED TO SUCH PROTECTION.  SUCH DETERMINATION SHALL BE
 MADE AFTER AN OPPORTUNITY FOR A HEARING.
 3.  NO  SUCH  INFORMATION  MAY  BE  WITHHELD BY A MANUFACTURER IF THAT
 INFORMATION IS PROVIDED, DIRECTLY OR INDIRECTLY, TO  FRANCHISED  DEALERS
 OR OTHER REPAIR FACILITIES.
 

S  199-U.  REMEDIES.   1. THE FAILURE OF A MANUFACTURER TO PROVIDE THE
 INFORMATION REQUIRED BY SECTION ONE HUNDRED NINETY-NINE-T OF THIS  ARTI
 CLE SHALL CONSTITUTE A VIOLATION OF THIS ARTICLE.
 2.    ANY  MANUFACTURER WHO VIOLATES THE PROVISIONS OF THIS ARTICLE OR
 ANY RULES OR REGULATIONS PROMULGATED THEREUNDER WITH ACTUAL KNOWLEDGE OR
 KNOWLEDGE FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE  CIRCUMSTANCES  SHALL
 BE  LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR
 MORE THAN TEN THOUSAND DOLLARS.
 3. A VEHICLE OWNER OR MOTOR VEHICLE REPAIR  SHOP  MAY  BRING  A  CIVIL
 ACTION  IN  A  COURT  OF COMPETENT JURISDICTION TO ENJOIN A VIOLATION OF
 THIS ARTICLE AND TO RECOVER THE ACTUAL  COSTS  OF  LITIGATION  INCLUDING
 REASONABLE ATTORNEY'S FEES.
 4.  UPON  ANY VIOLATION OF THIS ARTICLE, AN APPLICATION MAY BE MADE BY
 THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW  YORK
 TO  A  COURT  OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND
 UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND
 RESTRAIN  THE  CONTINUANCE  OF  THE VIOLATION. IF IT SHALL APPEAR TO THE
 SATISFACTION OF THE COURT OR JUSTICE THAT  THE  DEFENDANT  HAS  VIOLATED
 THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE COURT OR JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
 SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
 AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU
 TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS  ARTI
 CLE  HAS  OCCURRED,  IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS THAN FIVE
 HUNDRED DOLLARS  AND  NOT  MORE  THAN  TEN  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.  IN  CONNECTION  WITH AN APPLICATION MADE UNDER THIS SUBDIVI
 SION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF  AND  TO  MAKE  A
 DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
 WITH THE CIVIL PRACTICE LAW AND RULES.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend
 ment and/or repeal of any rule or regulation necessary for the implemen
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.

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