Bill S290-2013

Requires that motor vehicle repair shops provide certain information regarding work guarantees

Requires that motor vehicle repair shop invoices provide certain information regarding work guarantees stating the terms and time limits of any guarantee for repair work performed; also requires that if no guarantee is provided, the invoice must state such fact.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 290 2013-2014 Regular Sessions IN 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.

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