What's happening
This bill requires auto repair shops and insurers to disclose and obtain written consent before using replacement crash parts, and mandates use of new OEM parts for newer vehicles.
Why it matters
Empowers consumers with transparency about repair parts. The bill requires auto repair shops to clearly inform vehicle owners or their representatives about the specific types of replacement crash parts (OEM, aftermarket, recycled, or remanufactured) to be used, and to get written consent before installation. This helps consumers make more informed choices about the quality, origin, and warranty of parts used in their vehicle repairs.
Protects newer vehicles with OEM parts. By mandating only new original equipment manufacturer (OEM) parts for vehicles within the year of manufacture and the following two years (or as long as the manufacturer’s warranty lasts, if longer), the bill aims to preserve vehicle integrity, maintain manufacturer warranties, and potentially improve safety and resale value for newer cars.
Limits insurer influence and covers extra costs for non-OEM parts. Insurance companies cannot require or direct the use of non-OEM parts without the same disclosure and consent. If non-OEM parts are used and they do not fit properly, insurers must cover additional labor and material costs, protecting consumers from hidden expenses and incentivizing the use of quality parts.
Standardizes consumer protection practices in auto repairs. By introducing a uniform disclosure and consent form and requiring regulatory implementation, the bill seeks to ensure consistency and accountability across auto repair shops and insurers, reducing confusion and disputes over collision repairs statewide.
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Who cares
Vehicle owners
They would receive disclosure of replacement crash part types and have to authorize them in writing before installation, with only new OEM parts allowed during specified vehicle-age or warranty periods.
Collision repair shops
They would have to attach a prescribed parts notice to the repair estimate and obtain the owner's or authorized representative's signature before using or installing replacement crash parts.
Auto insurers
They would have to disclose any replacement crash part types they require, comply with the OEM-only periods and cover additional labor and materials needed to install ill-fitting non-OEM parts.
Department of Motor Vehicles and Department of Financial Services
Their leaders would have to issue rules and regulations needed to implement the bill by its effective date.
Headline styles
Disclose Auto Repair Parts
Plain English, a few words. Used as the page title.
Sponsors
22 Co-sponsors
- Michael DenDekker
- Michael Blake
- Albert A. Stirpe
- Carmen E. Arroyo
- Inez E. Dickens
- Thomas Abinanti
- Aileen Gunther
- Marcos Crespo
- Pamela J. Hunter
- Anthony D'Urso
- Kimberly Jean-Pierre
- Vivian Cook
- Nader Sayegh
- Jeffrey Dinowitz
- Donna Lupardo
- Sandy Galef
- Felix Ortiz
- Deborah Glick
- Jaime R. Williams
- Karen McMahon
- Nathalia Fernandez
- Mathylde Frontus
2 Multi-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3872
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the insurance law, in relation to requiring types of replacement crash parts used in automobile collision repairs be disclosed to vehicle owners and written authorization to use specified parts be obtained prior to installation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 398-d of the vehicle and traffic law is amended by adding a new subdivision 2-a to read as follows:
2-a. (a) No motor vehicle repair shop shall use or install any type or types of replacement crash parts for the repair of a collision damaged vehicle without disclosing the type or types of replacement crash parts to the vehicle owner or the vehicle owner's authorized representative and obtaining written authorization therefrom. The following "Replacement Crash Parts Notice and Authorization Form", reproduced in 12 point type or larger, shall be attached to a copy of the collision repair estimate and shall be signed by the vehicle owner or the vehicle owner's authorized representative prior to the use or installation of any such parts:
Replacement Crash Parts Notice and Authorization Form
NOTICE TO CONSUMER:
1. "Replacement crash parts" are the parts which are typically
replaced during the repair of a damaged vehicle. These
parts are made of sheet metal, plastic, fiberglass or simi-
lar material, including a door, fender, panel, bumper,
hood, floor or trunk lid, but not including windows or
hubcaps, and constitute or provide support for the motor
vehicle's exterior.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08290-01-9
A. 3872 2
2. The type(s) of replacement crash parts listed on your
estimate/repair order # (copy attached) are from the cate-
gories checked below.
3. Warranties for the type(s) of replacement parts listed below
are provided by the Manufacturer or Distributor of the
replacement parts. Warranty coverage varies. Ask your
insurer or collision repair professional for specific,
written warranty information. Additional warranties for
replacement crash parts will be provided by .
4. Replacement Crash Parts Types:
( ) New Original Equipment Manufacturer (OEM) Replacement Crash
Parts: Parts which are made by the vehicle manufacturer or
one of its licensees and distributed through its normal
channels. These parts maintain the OEM Vehicle Factory
Warranty for the replaced parts and any other adjoining or
associated OEM part or systems.
( ) New Aftermarket Replacement Crash Parts: Parts which are
made by companies other than the vehicle manufacturer or
its licensee. All parts in this category are warranted by
the distributor and/or manufacturer of these parts.
( ) Recycled/recyclable Replacement Crash Parts: Used parts
which have been removed from another vehicle. All parts in
this category are warranted by the salvage vendor.
( ) Re-manufactured Replacement Crash Parts: Parts which have
been returned to like-new condition by repairing, re-ma-
chining or re-building. All parts in this category are
warranted by the re-manufacturer of the part.
I understand that my vehicle will be repaired using the parts described above, and I authorize the repair shop to install those parts.
_____________________________________ ____________________
Customer Signature Date
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, only new original equipment manufacturer (OEM) replacement crash parts may be used on any vehicle during the year of manufacture and for the two succeeding years thereafter, or for the duration of the vehicle manufacturer's new-vehicle and/or sheet-metal or body parts warranty, whichever is longer.
§ 2. Subsection (n) of section 3411 of the insurance law is relettered subsection (o) and a new subsection (n) is added to read as follows:
(n) No insurer shall directly or indirectly require the use or installation of any type or types of replacement crash part for the repair of a collision damaged vehicle, without disclosing the type or types of replacement crash parts to the vehicle owner or the vehicle owner's authorized representative, as provided in subdivision two-a of section three hundred ninety-eight-d of the vehicle and traffic law. In addition, only new original equipment manufacturer (OEM) replacement crash parts may be used on any vehicle during the year of manufacture and for two succeeding years thereafter, or for the duration of the vehicle manufacturer's new vehicle and/or sheet-metal or body parts warranty, whichever is longer. In the event replacement crash parts are used or installed which are other than new original equipment manufacturer (OEM) replacement crash parts, and such parts are ill-fitting and require additional labor and materials in their installation or use, the insurer shall be responsible for the cost of such additional labor and materials.
A. 3872 3
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a law, provided, however, that effective immediately, the commissioner of motor vehicles and the superintendent of financial services shall promulgate such rules and regulations as are necessary to implement the provisions of this act on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.