New York latest state to pass NCOIL-guided glass repair, ADAS calibration law
A bill has been signed into law in New York, effective immediately, that establishes standards for glass repair and calibration/recalibration of advanced driver assistance systems (ADAS).
Under Chapter 20, Article 26, Section 392-K, motor vehicle glass repair shops that conduct safety glass or vehicle glass repair, replacement, or recalibration must notify their customers when an ADAS recalibration is required and whether the procedure will be performed to meet auto manufacturer specifications, including repair or replacement of damaged vehicle glass.
New York Vehicle and Traffic (VAT) equipment law defines safety glass as “any product composed of glass, so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass when struck or broken, or such other or similar product as may be approved by the commissioner.”
The state is one of several that have followed the National Council of Insurance Legislators (NCOIL) Property & Casualty Insurance Committee’s Motor Vehicle Glass Act Model, which was adopted in February.
In March, the Independent Glass Association (IGA) released a formal rebuttal to NCOIL’s Motor Vehicle Glass Act Model. IGA argues that the model act allows insurers to dictate pricing structures and steering mechanisms that favor their preferred networks, limiting consumer freedom in choosing a service provider.
New York is one of at least six states that have passed similar legislation, including Arizona, Florida, Kentucky, Maryland, and Utah.
It’s specified in the New York law that ADAS recalibration requirements aren’t limited to safety glass or motor vehicle glass, tools, equipment, or repair procedures dictated or recommended by the vehicle manufacturer to meet the manufacturer’s specifications. However, the customer or insurer can’t be charged for safety glass or vehicle glass repair, replacement, calibration, or recalibration services that aren’t performed in accordance with the vehicle’s manufacturer specifications.
Assignment of benefits cannot be agreed to with customers or required by repair facilities as a condition of repairing or replacing damaged vehicle glass, according to the law. It adds that repair facilities or repair facility agents cannot 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 vehicle insurance policy for the repair or replacement of damaged vehicle glass.
Repair facilities must also inform customers whether calibration or recalibration of ADAS is required to make the system(s) operable.
If the facility isn’t capable of performing a calibration or recalibration, the vehicle should be taken to the vehicle’s manufacturer-certified dealership or a qualified specialist capable of performing the procedure(s) to manufacturer specifications, according to the law.
“Motor vehicle glass repair facility” is defined in the law as “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 14 of Section 375 of the state’s vehicle and traffic law.
Facilities will now need to provide customers with an itemized description of the work to be done on their vehicles.
“A motor vehicle glass repair facility shall not represent to a consumer that the cost of a repair, replacement, calibration, or recalibration shall be paid for entirely by the consumer’s insurer and at no cost to the consumer unless the cost of the repair, replacement, calibration or recalibration is fully covered as provided by the consumer’s insurance policy,” the law states.
“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 shop has received a claim or referral number for insurance-covered damage.”
The law also establishes standards for recalibrations that aren’t performed or fail. In either case, the facility must inform the consumer and their insurer electronically or in writing. The notification must direct them to take the vehicle to a franchised motor vehicle dealer or a motor vehicle glass repair facility capable of performing ADAS calibration or recalibration to vehicle manufacturer specifications.
Violations of the new laws will carry a $2,500 fine per occurrence.
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