PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to amend Part 82 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 398-g(2)
Subject:
Repair shops.
Purpose:
To make minor revisions to the repair shop regulations.
Text of proposed rule:
Subdivisions (a) and (c) of Section 82.5 are amended to read as follows:
(a) upon the request of any customer make an estimate in writing of the parts and labor necessary for each specific repair or service offered and shall not charge for work done or parts supplied in excess of the estimate without the consent of such customer. The repair shop may charge a reasonable fee for making an estimate. The estimate shall contain the following: the customer's name, the name and facility number of the repair shop, the date of the estimate, a list of parts necessary for each specific repair together with the costs of for each part, indicating any parts which are not new parts of at least original equipment quality, the labor charge for each repair together with the cost of each labor charge, year and make of vehicle, registration plate number or vehicle identification number, a description of the problem reported by the customer, and a statement informing the customer of his right to receive replaced parts if the customer makes a written request for such return. In addition, for body parts, the repair shop must indicate if the part is a new original equipment manufacturer part, a new after market equipment manufacturer part or a used part. A statement on an estimate that all body parts are in one of the three classes except as otherwise indicated complies with this last requirement. All information on an estimate must be legible;
(c) provide the customer with an invoice. An invoice shall contain the following information: the name, [and] address and facility number of the repair shop, the date of the invoice, the date the vehicle was presented to the repair shop for repair or services, a list of all parts supplied and labor performed, including the cost for each such part and labor, a notation indicating the status of any part used which is not new and of at least original quality (i.e. used, rebuilt, etc.) the odometer reading at the time the invoice was prepared, a promised date of delivery, if any such date was given, the name of the customer, year, [and] make, and plate number and/or vehicle identification number of the vehicle, the terms and time limit of any guarantee for the repair work performed, a description of the problem reported by the customer, and the repair shop registration number. If the inflatable restraint system is replaced, the invoice shall indicate the name and tax identification number from whom the inflatable restraint was purchased. If such system is a salvage unit, the invoice must also state the dismantler's registration number, the vehicle identification number of the vehicle from which the unit came and the part number from the salvage inflatable restraint system. The invoice must indicate “salvage inflatable restraint system” if a salvage unit was used. The insurer and consumer shall receive a copy of the purchase invoice for the replacement inflatable restraint system. A repair performed under warranty requires an invoice which complies with this subdivision. In addition, if body parts were used in the repair, the invoice must indicate if each such part is a new original equipment manufacturer part, a new after market equipment manufacturer part or a used part. A statement on an invoice that all body parts are in one of the three classes except as otherwise indicated complies with this last requirement. All information on an invoice must be legible;
Paragraph 3 of subdivision (b) of Section 82.7 is amended to read as follows:
(3) A mobile unit shall have the official outdoor repair shop sign displayed in such manner that it is visible to pedestrians. A mobile unit owner may post on his, her or its vehicle a sign proportionally smaller than the sign described above but no smaller than [1″ × 2″] one (1) foot high by two (2) feet wide.
Subdivision (b) of Section 82.18 is amended to read as follows:
(b) As required by section [167-d(9)] 3411(i) of the New York State Insurance Law, a repair shop shall complete its portion of a “Certificate of Automobile Repair[s]”, Insurance Department form NYS APD form 1-a, when requested to do so by an insurance company.
Text of proposed rule and any required statements and analyses may be obtained from:
Michele L. Welch, Counsel's Office, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Data, views or arguments may be submitted to:
Christine M. Legorius, Assistant Counsel, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The proposed regulation would amend 15 NYCRR Parts 82.5(a), 82.5(c), 82.7(b)(3) and 82.18(b).
Part 82.5 relates to the obligations of repair shops. The proposed amendment to Part 82.5(a) requires that the facility number be added to a customer estimate for each specific repair or service offered. Although most repair shops already provide their facility number on estimates, requiring this information on all estimates will readily assist the customer in easily tracing the shop by using the official facility number for purposes of searching for a legitimately registered business. In turn, DMV can easily search the vehicle safety database to locate the official business and records and provide the customer with such information.
The proposed amendment to Part 82.5(c) requires that the registration plate number and/or vehicle identification number be on invoices given to the customer. Although most repair shops already provide this information on invoices, this information will clearly describe a vehicle, leaving little chance to mistakenly identify a vehicle. Such identification will benefit the customer and the DMV in the event of an investigation by clearly identifying the vehicle. Adding the vehicle identification number on an invoice will also assist in matching necessary parts diagnostics procedures and customers.
Part 82.7(b)(3) relates to repair shop signs. The proposed amendment is necessary to correct an error in the numeric dimensions of a mobile unit outdoor repair sign from inches to feet by eliminating reference to the numeric dimensions and adding in its place the correct written dimensions.
Part 82.18(b) relates to the duty of a repair shop to complete its portion of a “Certificate of Automobile Repairs” referenced as Insurance Department form NYS APD form 1, as is required under the New York State Insurance Law, section 167-d(9). However, this section of the Insurance Law was changed from section 167-d(9) to Insurance Law, Section 3410(i). Additionally, the “Certificate of Automobile Repairs” was changed from form NYS APD form 1 to NYS APD form 1-a. The proposed amendments to Part 82.18(b) are necessary to reflect the correct section of the Insurance Law. The amendment also eliminates any reference to the form number so as to provide for continued accuracy in the regulation should the form number change again in the future.
These are consensus rules as no person is likely to object to the rules as proposed and written.
Job Impact Statement
A job impact statement is not submitted with this regulation because adding the facility number on an estimate, adding the registration plate number and/or vehicle identification number on an invoice and making corrections to errors in existing regulations shall have no impact on job opportunities in New York State.
