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Who cares
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Sponsors
3 Co-sponsors
History
- Reported and committed to codes
- Print number 5227a
- Amend and recommit to transportation
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the payment of restitution by registered and unregistered repair shops
In Assembly Committee · Codes · Sponsor Audrey Pheffer
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the payment of restitution by registered and unregistered repair shops
Purpose
To better ensure the payment of restitution by motor vehicle repair shops to consumers.
Summary of specific provisions
The bill requires motor vehicle repair shops found to have committed certain violations to pay restitution to consumers when ordered to do so by the Department of Motor Vehicles upon a finding of financial loss to such consumers. The bill also calls for an increase in any civil penalty imposed for violations, if a repair shop fails to pay DMV-ordered restitution, and allows the waiver of a civil penalty and/or suspension upon payment of restitution.
Justification
Consumers who have been harmed by negligence or fraud perpetrated by a motor vehicle repair shop should be compensated. Under the Repair Shop Registration Act, administrative law judges are authorized to order violators to pay civil penalties, pay the affected consumer restitution, and/or suspend or revoke the shop's license to operate. The Act allows judges to offer a more "attractive" option to violators - often involving lowered civil penalties and reduced license suspension periods - if the violator agrees to pay the consumer the restitution ordered.
Unfortunately, there have been instances in which unscrupulous repair shops fail to take this option within thirty days, leaving the Judge with no further authority to order the shop to pay restitution to the consumer. Instead, the original civil penalty becomes due, and the original suspension period applies. In this instance, the consumer is no better off then when he or she first filed a complaint with the Department of Motor Vehicles. This bill would amend the Act to provide that when a violation is found to have occurred consumer restitution, when ordered by DMV, is required to be paid.
Prior legislative history
2007-2008: A.9624-A - Ordered to third reading rules Cal. 434
Fiscal implications
None.
Effective date
November 1st after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.