A bill reintroduced in the New York State Assembly would require repair shops and insurers to follow automaker and OEM collision repair guidelines, procedures, recommendations, and service bulletins.

If passed, repair facilities would need written authorization from the vehicle owner, or the owner’s representative, to deviate from OEM collision repair guidelines, procedures, recommendations, and service bulletins, according to bill A00245. And insurers wouldn’t be able to directly or indirectly require alternative repairs without authorization.

Assemblyman William B. Magnarelli (D-Syracuse) sponsors the bill. It was referred to the Assembly Committee on Insurance on Wednesday.

In addition, the bill states, “If a repair procedure or specification from a vehicle or original equipment manufacturer includes a directive to conduct a scan, calibration, diagnostic test of vehicle electronic systems before or after the commencement of repairs, such directive shall be considered as a required part of the repair procedure.”

The bill states that, if it becomes law, it will take effect on the succeeding Jan. 1.

The same bill has been introduced during the state’s past two legislative sessions without moving out of the Committee on Insurance.

Magnarelli also introduced the bill in 2019. Had it passed, it would’ve allowed New York alternative parts laws to stand but otherwise require auto body shops to adhere to OEM repair procedures. There is no mention of parts in the new bill.

A similar bill was introduced in Texas during its last legislative session that sought to require OEM collision repairs and replacement parts. The sponsor, Sen. Phil King (R-District 10), said during a March 30, 2023 hearing on the bill that non-OEM repairs and parts put motorists in danger. He referenced the John Eagle case as an example.

SB 1083 would’ve required new vehicles — defined under state law as those that haven’t been sold at retail regardless of mileage — to be repaired with only OEM parts and exact manufacturer specifications unless insurers allow the use of aftermarket parts. It also stipulated that insurers wouldn’t be able to prevent their policyholders from choosing the repair shop they take their vehicles to.

King said the bill would only apply to new vehicles that have been owned by the insurance policyholder for three years or less.

The bill was left pending in the Senate Insurance Committee.

Images

Featured image: Inside the New York State Capitol Building in Albany. (Credit: Ray Tan/iStock)