S290-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S290-2013 Memo

BILL NUMBER:S290

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to repair work
guarantees

PURPOSE OR GENERAL IDEA OF BILL:
The bill required that the invoice provided by the motor vehicle
repair shop shall conspicuously set forth the terms and time limit of
any guarantee for the repair work performed. Where no guarantee is
given, the invoice shall so state.

SUMMARY OF SPECIFIC PROVISIONS:
Section 398-d of the vehicle and traffic law is amended by adding a
new subdivision 8. This bill extends the product warranty concept
embodied in the Uniform Commercial Code and extends this to labor and
parts (fit for ordinary purposes) which would be warranted for three
months, three thousand miles, whichever comes first.

JUSTIFICATION:
New Yorkers spend billions of dollars annually toward automobile
repairs The estimate in the United States from faulty automobile
repair work is approximately three billion dollars and many New
Yorkers are victimized as a result of such practices. This bill will
ensure consumers receive the labor and parts for which they are
paying through a warranty.

PRIOR LEGISLATIVE HISTORY:
This legislation has been previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of January next succeeding the date on which it shall have
become a law.

S290-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          290
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation to repair  work
 guarantees
 

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

 

Section 1.

Section 398-d of the vehicle and traffic law is amended  by
 adding a new subdivision 8 to read as follows:

 8.  (A)  THE  INVOICE  PROVIDED  BY  THE  MOTOR VEHICLE REPAIR SHOP IN
 ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION SHALL CONSPICUOUSLY  SET
 FORTH  THE  TERMS  AND  TIME  LIMIT OF ANY GUARANTEE FOR THE REPAIR WORK
 PERFORMED. WHERE NO GUARANTEE IS GIVEN, THE INVOICE SHALL SO STATE.
 (B) THE INVOICE SHALL FURTHER CONTAIN A STATEMENT TO THE  EFFECT  THAT
 COMPLAINTS   REGARDING  THE  FUNCTIONAL  ADEQUACY  OF  THE  REPAIR  WORK
 PERFORMED MAY BE DIRECTED TO THE DEPARTMENT, BUT IN NO EVENT LATER  THAN
 NINETY  DAYS  OR  THREE  THOUSAND  MILES  OF THE REPAIR, WHICHEVER COMES
 FIRST.
 (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT
 OR ABRIDGE ANY STATUTORY OR OTHER RIGHT OR REMEDY OF A CONSUMER  AT  LAW
 OR IN EQUITY.
 

S  2. This act shall take effect on the first of January next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01988-01-3

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