COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 262
(By Senators Prezioso, Anderson, Minear, Boley, Buckalew,
Bowman, Helmick, Dugan, Schoonover, Oliverio, Dittmar, Kimble,
Scott, Deem, Fanning, Kessler, Walker, Ball, Wooton, Chafin,
McKenzie and Jackson)
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[Originating in the Committee on Banking and Insurance;
reported February 19, 1998.]
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A BILL to amend and reenact sections two, three and four, article
six-b, chapter forty-six-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to clarifying the definition and usage of the term "genuine
crash parts"; and extending time frame for the mandatory
usage of such parts.
Be it enacted by the Legislature of West Virginia:
That sections two, three and four, 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-2. Definitions.
As used in this article, the following terms shall have the
meaning defined:
(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 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) "
Unused genuine crash parts" means crash parts:
(1) Manufactured by or for the original manufacturer of the
motor vehicle to be repaired;
and
(2) That are authorized to carry the name or trademark of
the original manufacturer of the motor vehicle;
and
(3) Are new and never used;
(e) "Motor vehicle" has the meaning stated in section one,
article one, chapter seventeen-a of this 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. 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, motor vehicle body shops must use
unused genuine crash parts,
as defined in section two of this
article, sufficient to maintain the manufacturer's 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
or used original equipment manufacturers'
parts. No insurance company may require the use of aftermarket
crash parts
or used original equipment manufacturers' 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
or used original equipment
manufacturers' parts.
§46A-6B-4. Notices and written statements to be provided to
vehicle owner.
(a) Effective the first day of July, one thousand nine
hundred
ninety-five ninety-eight, 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
unused 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
or used
original equipment manufacturers' 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
AND/OR USED ORIGINAL
EQUIPMENT MANUFACTURERS' PARTS. THE USE OF AN AFTERMARKET CRASH PART OR USED ORIGINAL EQUIPMENT MANUFACTURERS' PARTS 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.
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(NOTE: The purpose of this bill is to require that genuine
crash parts used for the repair of motor vehicles by body shops
be unused genuine crash parts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)
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