Establishes the "New York state consumers' right to repair act of 2012"

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.