WEST virginia Legislature
2018 regular session
Senate Bill 308
By Senators Smith, Jeffries, Sypolt, and Cline
17, 2018; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §46A-6B-3 of the Code of West Virginia, 1931, as amended, relating to the use of aftermarket crash parts by a motor vehicle repair shop; and requiring new original equipment parts be used in order to maintain the manufacturer’s warranty.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6B. CONSUMER PROTECTION--AUTOMOTIVE CRASH PARTS.
§46A-6B-3. Genuine and aftermarket crash parts.
For all motor vehicles
requiring repair by motor vehicle body shops in the year of their manufacture
or in the two succeeding years thereafter, and those needed repairs will be
paid in whole or in part by an insurance company, motor vehicle body shops
must use genuine
crash new original equipment parts sufficient to
maintain the manufacturer's new vehicle warranty for fit, finish,
structural integrity, corrosion resistance, dent resistance, and crash
performance. unless the motor vehicle owner consents in writing at the time
of the repair to the use of aftermarket crash parts No insurance company
may require the use of aftermarket crash parts when negotiating repairs of the
motor vehicle with any repairer for a period of three years, the year the
motor vehicle was manufactured and the two succeeding years thereafter unless
the motor vehicle owner consents in writing at the time of the repair to the
use of aftermarket crash parts the current model year plus two years.
NOTE: The purpose of this bill is to require new original equipment parts be used in order to maintain the manufacturer's warranty.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.