N.Y. Comp. Codes R. & Regs. tit. 15 § 82.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 82.2 - Definitions

The following definitions shall apply to this Part:

(a) Day. A calendar day except that if the last day is a Saturday, Sunday or holiday there shall be an extension of time to the conclusion of the next business day.

(b) Estimate. The repair shop's determination of the cost of parts and the cost of labor needed to perform offered services. If a teardown is needed to determine the services required to repair a motor vehicle malfunction or a motor vehicle body, fender or other component damaged by accident or otherwise, the estimate which includes the cost of teardown and reassembly shall clearly state that such estimate does not include the cost of repairs.

(c) Guarantee. An obligation undertaken by a repair shop to rerepair a vehicle at no charge or at a reduced charge for parts or labor or both.

(d) Invoice. A bill in writing listing the details of the transaction between the repair shop and the customer as required by this Part.

(e) Material false statement. A knowingly misleading or untrue assertion which, if revealed, might have resulted in the denial of the application.

(f) Place of business. An address where repair shop services are offered or ordinarily performed.

(g) Reasonable fee for making an estimate. An amount based on no more than the shop's labor charge, calculated by clock hours, or $1, whichever is greater.

(h) Repair. Any alteration or adjustment to a motor vehicle, or diagnosing a malfunction.

(i) Timely written demand. A request in writing made to the repair shop operator by the customer before any work is done on the vehicle.

(j) True owner. The controlling interest in the business.

(k) Warranty. A promise made by a manufacturer that a vehicle will be repaired at no charge or at a reduced charge for parts or labor or both.

(l) Work order. An authorization, either oral or written, on the part of the customer for the repair shop to perform a service.

(m) Diagnostic center. A business which examines motor vehicles to determine the cause or location of malfunctions in motor vehicles.

(n) Drive-in station. A place to which consumers drive their motor vehicles to have them appraised for damage in connection with insurance. Drive-in stations may be permanent facilities or mobile operations. If a particular site is used as a drive-in facility for less than two days a week, it may qualify for registration as part of a mobile unit.

(o) Motor vehicle. Every vehicle operated, driven or towed upon a public highway except:

(1) electrically driven invalid chairs being operated or driven by an invalid;

(2) vehicles which run only upon rails or tracks;

(3) snowmobiles; and

(4) towed vehicles designed and primarily used for some purpose other than transporting people or property.

(p) Body part. Bumper, chassis frame, cowl, door outer panel, door shell, fender, fender skirt, fender wheel house and spring mounting panel, fire wall, floor panel (front or rear), grille, hood, inner wheel house, pillar (center, lock or windshield), quarter panel (outer or inner), rear body panel, rocker panel, roof and trunk lid.

(q) Inflatable restraint system. An air bag, as defined in 49 CFR part 571.208 (S4.1.5.1) that is designed and installed to be activated in a crash.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.2