A Guide for Consumers:

The New York State Department of Motor Vehicles regulates all Repair Shops, Inspection Stations, Dealers, Vehicle Dismantlers, and other related businesses in New York State. Approved businesses must follow all consumer protection laws and regulations.

DMV has established a consumer complaint process in case you have a complaint against a dealer, inspection station, or repair shop.

DMV receives over 6,000 consumer complaints each year.

Before You File a Complaint

First, try to resolve the issue with the management of the business. Keep a written record of all contacts with management in addition to details about the inspection, repair, or sale. Copies of work orders and invoices are proof of your attempts to resolve the problem.

Filing Your Complaint

If you cannot resolve the issue with the business and you wish to file a complaint, you must submit a Vehicle Safety Complaint Report (PDF) (VS-35) along with any supporting documents to the Business Regulation Unit by email or mail. 

When Your Complaint is Filed

A Consumer Services Representative (CSR) from DMV is assigned to handle your complaint and tries to resolve it. The CSR may contact the facility to try to resolve this complaint. The CSR explains the nature of the complaint and informs the facility of their rights and responsibilities. If the CSR resolves the complaint with the facility, you will hear back from the CSR. This process can take six to eight weeks from the date the complaint is received. 

If the CSR cannot resolve the complaint, the case will be sent to an Automotive Facilities Inspector (AFI) for a formal investigation. This process, called the Investigation Process, can take several weeks to several months to resolve.

• DMV staff will not investigate a complaint until a completed VS-35 Complaint Report has been received. 
• The DMV will not investigate anonymously filed complaints. 
• There are time and mileage limits on reporting incidents related to a New York State Repair Shop. The DMV cannot accept complaints against Repair Shops beyond 90 days or 3,000 miles (whichever comes first). 
• The DMV cannot resolve disputes over the terms of manufacturer or third-party warranties or guarantees. See Lemon Law Complaints.
• The DMV cannot take action against a facility unless we find adequate evidence to substantiate the claim. 
• If the facility does not have a current registration, there are limitations on any fines and penalties that may be recovered.

Once the case is assigned to an AFI, the inspector will contact you to gather information for a formal investigation. The result of the investigation may be no action, a warning letter placed in the facility's file, or a formal Administrative Hearing before an Administrative Law Judge (ALJ).

If there is a hearing before an ALJ, and it is determined that there were violations, there may be action against the facility. This may include suspending or revoking their registration and/or imposing fines. The ALJ may give the facility the option to pay restitution to you in place of part of the penalty, but cannot force the facility to pay. 

The facility may hire a lawyer and bring that lawyer to the hearing. The facility may also appeal any adverse decision. An AFI will be there to represent DMV.

A DMV Attorney may be there to present the case on behalf of DMV. Since this is a public hearing, a complainant may bring an attorney, but that attorney is not allowed to examine the witnesses. The complainant is not considered a party to the hearing but is considered a valuable witness.

Restitution

If there is a hearing, the ALJ may offer the facility the option of paying restitution instead of more severe penalties. DMV cannot force a shop to pay restitution.

Restitution will only cover the amount you were overcharged or the cost of proper repairs. Incidental losses, such as costs associated with car rentals, transportation, etc. cannot be recovered. 

The consumer has no right to appeal, but may file a complaint with the Civil Court system. Filing a complaint with DMV does not prevent you from seeking help from other consumer protection agencies or from taking the shop to court on your own, but no restitution will be considered if you file or settle with Small Claims Court.

Fines and Penalties

If the facility fails to pay any fines or penalties imposed by the Judge, a lien will be placed against their business. They will be asked to surrender their business documents to DMV. If they do not comply, an AFI will be sent to their place of business to collect these documents and their privilege to operate as a business in NYS may be suspended. You will be notified of the final disposition of the complaint. Please be patient. This process could take up to a year to resolve.

Important: Please notify the Business Regulation Unit if you move or change your phone number.