Senate Bill No. 402

(By Senators Manchin, Wiedebusch, Wagner, Bailey, Anderson, Schoonover, Wooton, Helmick, Deem, Ross, Hinkle and Whitlow)

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[Introduced February 17, 1995; referred to the Committee
on Banking and Insurance.]
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A BILL to amend sections one, two and three, article six-b,
chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to establishing standards for use of replacement parts in crashed car repairs.

Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article six-b, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 6B. CONSUMER PROTECTION--AUTOMOTIVE CRASH PARTS.
§46A-6B-1. Legislative declaration.
The Legislature hereby finds and declares as a matter of public policy that the purpose of this article is to place upon motor vehicle body shops the duty to disclose to motor vehicle owners information on the use of certain replacement crash parts in repairs to motor vehicles and to make certain notices and statements to the motor vehicle owners so that the owners may choose whether aftermarket crash parts or genuine crash parts shall be used in the repair work require use of genuine crash parts (parts manufactured by the company that manufactured the vehicle itself) on all vehicles during their year of manufacture and for two succeeding years thereafter, for a total of three years, or for the duration of the vehicle's manufacturer's new vehicle warranty, whichever is longer. No insurance company may require the use of aftermarket, or imitation, crash parts when negotiating repairs of such a vehicle with any repairer.
For all other vehicles, this article shall place upon motor vehicle body shops and insurance companies the duty to disclose to motor vehicle owners information on the use of certain replacement crash parts in repairs to motor vehicles and to make certain notices and statements to the motor vehicle owners so that they may choose whether aftermarket crash parts or genuine crash parts shall be used in the repair work. No insurance company may require the use of aftermarket parts when negotiating repairs with the repairer unless the repairer has written consent from the vehicle owner to install aftermarket parts.
Under no circumstances may insurer be given a credit, or take a credit, for the depreciation, or "betterment," value of body parts that are to be replaced.
§46A-6B-2. Definitions.
As used in this article, unless the context in which used clearly requires a different meaning:
(a) "Aftermarket crash parts" means crash parts:
(1) Manufactured by a person other than the original manufacturer of the motor vehicle to be repaired; and
(2) For which the original manufacturer of the motor vehicle has not authorized the use of its name or trademark by the manufacturer of the crash parts.
(b) "Code" means the code of West Virginia, one thousand nine hundred thirty-one, as amended;
(c) "Crash parts" means exterior or interior sheet metal or fiberglass panels and parts which that form the superstructure or body of a motor vehicle, including, but not limited to, fenders, bumpers, quarter panels, door panels, hoods, grills, fire walls, permanent roofs, wheel wells and front and rear lamp display panels;
(d) "Genuine crash parts" means crash parts:
(1) Manufactured by or for the original manufacturer of the motor vehicle to be repaired; and
(2) Which That are authorized to carry the name or trademark of the original manufacturer of the motor vehicle.
(e) "Motor vehicle" has the meaning stated in section one, article one, chapter seventeen-a of the code; and
(f) "Motor vehicle body shop" means any person or business establishment that removes, replaces, reconditions or repairs sheet metal or fiberglass motor vehicle crash parts.
§46A-6B-3. Notices and written statements to be provided to
vehicle owner.

(a) Effective the first day of July, one thousand nine hundred eighty-eight ninety-five, before beginning repair work on crash parts, a motor vehicle body shop shall:
(1) Provide a list to the vehicle owner of the replacement crash parts that the body shop intends to use in making repairs;
(2) Specify whether the replacement parts are genuine crash parts; and
(3) Identify the manufacturer of the parts if the replacements parts are aftermarket crash parts.
(b) If the replacement crash parts to be used by the body shop in the repair work are aftermarket crash parts, the body shop shall include with its estimate the following written statement: "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS THAT ARE NOT MANUFACTURED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE OR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER TO USE ITS NAME OR TRADEMARK. THE USE OF AN AFTERMARKET CRASH PART MAY INVALIDATE ANY REMAINING WARRANTIES OF THE ORIGINAL MANUFACTURER ON THAT CRASH PART."
(c) The notices and statements required under this section shall be made in writing in a clear and conspicuous manner, on a separate piece of paper in ten-point capital type.
(d) This section may not be construed to replace or alter any provision under article six or any other provision of this chapter.





NOTE: The purpose of this bill is to modify the "Automotive Crash Parts Act" to cause factory new parts to be used.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.