N.Y. General Business Law § 392-K – Motor vehicle glass repair and replacement; calibration and recalibration of advanced driver assistance systems; consumer disclosure

1. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. (a) "Advanced driver assistance system" shall mean any motor vehicle electronic safety system, including, but not limited to sensors and cameras, as outlined in the most recent publication of the SAE International's SAE J3016 levels of driving automation that are designed to support both the driver and motor vehicle in a manner intended to:
  1. (i) increase motor vehicle safety; and
  2. (ii) reduce losses associated with motor vehicle crashes.
2. (b) "Calibrate" or "Recalibrate" shall mean to instruct a motor vehicle's advanced driver assistance system, including internal computers, to readjust targeted cameras, sensors, or other technologies to function properly in accordance with the motor vehicle's manufacturer specifications.
3. (c) "Motor vehicle glass repair facility" shall mean any person, including the person's employees and agents that for consideration engages in the repair or replacement of damaged safety glass as defined in subdivision fourteen of section three hundred seventy-five of the vehicle and traffic law.
4. (d) "Motor vehicle glass" shall mean the glass and non-glass parts associated with the replacement of the glass used in the windshield, door or windows and the glass, plastic, or other materials used in vehicle glass manufacturing.
5. (e) "Repair or replacement of damaged motor vehicle glass" shall mean inspecting, repairing, restoring, or replacing damaged motor vehicle glass and calibrating or recalibrating an advanced driver assistance system when an incident requires the replacement of motor vehicle glass.
6. (f) "SAE J3016" shall mean the Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles published by SAE International in April two thousand twenty-one.
2. Requirements. If a motor vehicle is equipped with an advanced driver assistance system, a motor vehicle glass repair facility that conducts safety glass or motor vehicle glass repair, replacement, or recalibration shall inform the consumer:
1. (a) if a recalibration of the advanced driver assistance system is required; and
2. (b) if a recalibration of the advanced driver assistance system is performed that such system shall meet the motor vehicle's manufacturer specifications.
3. Notification. (a) A motor vehicle glass repair facility shall provide to the consumer an itemized description of the work to be done on the motor vehicle.
(b) A motor vehicle glass repair facility shall not represent to a consumer that the cost of a repair, replacement or calibration or recalibration shall be paid for entirely by the an insurer and at no cost to the consumer unless the cost of the repair, replacement, calibration or recalibration is fully covered as provided by an applicable insurance policy.
(c) For replacements, repairs, calibrations and recalibrations being paid for through insurance coverage, a motor vehicle glass repair facility shall not contract with a person for a repair or replacement of damaged safety glass or motor vehicle glass until the motor vehicle glass repair facility has received a claim or referral number, if applicable, for insurance covered damage.
(d) Prior to finalizing a contract for repair with a consumer for a repair or replacement of damaged motor vehicle glass, a motor vehicle glass repair facility shall notify such consumer:
1. (i) whether such motor vehicle has an advanced driver assistance system;
2. (ii) whether the calibration or recalibration of the motor vehicle's advanced driver assistance system is required to:
  1. (1) make the advanced driver assistance system operable; and
  2. (2) ensure that the repair or replacement of damaged motor vehicle glass is performed in a manner that meets the vehicle manufacturer's specifications;
3. (iii) whether the motor vehicle glass repair facility can calibrate or recalibrate the advanced driver assistance system in a manner that meets the motor vehicle's manufacturers specifications; and
4. (iv) if the motor vehicle glass repair facility is not capable of performing a calibration or recalibration as referenced in subdivision three of this section, that the motor vehicle should be taken to the vehicle's manufacturer certified dealership or a qualified specialist capable of performing the calibration or recalibration that meets the vehicle's manufacturer specifications.
(e) An insurer shall not mandate or require motor vehicle glass repair facilities to install replacement motor vehicle glass that is not capable of being calibrated or recalibrated to the vehicle's manufacturer specifications.
4. Unsuccessful recalibration. If a recalibration was not performed or not completed successfully, the motor vehicle glass repair facility shall inform the consumer and insurer electronically or in writing that the recalibration was not successful or was not performed and that the motor vehicle should be taken to a franchised motor vehicle dealer or a motor vehicle glass repair facility capable of performing the calibration or recalibration of an advanced driver assistance system that meets the motor vehicle manufacturer's specifications. Motor vehicle glass repair facilities shall not charge the consumer or insurer for the costs associated with such unsuccessful recalibrations.
5. Recalibration requirements. A motor vehicle glass repair facility that conducts a calibration, recalibration or replacement on a motor vehicle equipped with an advanced driver assistance system shall:
1. (a) recalibrate the advanced driver assistance system to meet such motor vehicle's manufacturer specifications; and
2. (b) is not limited to safety glass or motor vehicle glass, tools, equipment, or repair procedures dictated or recommended by the motor vehicle manufacturer to meet such motor vehicle's manufacturer specifications.
6. Billing. A motor vehicle glass repair facility shall not bill or charge the consumer or the consumer's insurer for safety glass or motor vehicle glass repair, replacement, calibration or recalibration services that are not performed in accordance with the motor vehicle's manufacturer specifications.
7. Assignment of benefits. (a) No motor vehicle glass repair facility shall include an assignment of benefits provision for an insurance policy in any agreement with a consumer or require a consumer to sign an assignment of benefits agreement as a condition of repairing or replacing damaged motor vehicle glass.
(b) Any contract entered in violation of this subdivision shall be void and unenforceable.
(c) Nothing in this subdivision shall be construed to prohibit a consumer from authorizing or directing payment to, or paying, a motor vehicle glass repair facility for repair or replacement of damaged motor vehicle glass covered under an insurance policy.
8. Inducement. No motor vehicle glass repair facility or agent thereof shall offer a rebate, gift, gift card, cash, coupon, fee, prize, bonus, payment, incentive, inducement, or any other thing of value to any consumer in exchange for directing or making a claim under a motor vehicle insurance policy for a repair or replacement of damaged motor vehicle glass.
9. Violations. Violations of the provisions of this section shall result in a written warning for the first violation, a civil penalty of not more than five hundred dollars for the second violation, and a civil penalty of not more than two thousand dollars for each succeeding violation.
10. Application. Nothing in this section shall be construed to exempt any motor vehicle glass repair shop that performs safety glass or motor vehicle glass repair or replacement, or recalibration on a motor vehicle equipped with an advanced driver assistance system, from complying with all applicable provisions of article twelve-A of the vehicle and traffic law and any rules or regulations promulgated thereunder.