H. B. 3048
(By Delegate Staton)
[Introduced March 28, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend chapter seventeen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-e, relating to
the certified aftermarket parts act; setting forth a short
title; specifying purposes; setting forth definitions;
requiring use of certified aftermarket repair parts;
notification; requiring printed notification in certain
circumstances; specifying content of notification; setting
forth prohibition of penalty and prohibiting discrimination
against persons leasing or financing a motor vehicle; and
specifying an effective date.
Be it enacted by the Legislature of West Virginia:
That
chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article six-e, to read as
follows:
ARTICLE 6E. CERTIFIED AFTERMARKET PARTS ACT.
§17A-6E-1. Short Title.
This Act may be called the "Certified Aftermarket Parts Act."
§17A-6E-2. Purpose.
The purpose of this act is to protect consumers from inferior
aftermarket crash parts used to repair vehicles by requiring that
all non-car company aftermarket crash parts be certified by an
independent third party. This act further requires notification by
the body repair shop or an insurance estimate as to the use of
certified aftermarket crash parts.
§17A-6E-3. Definitions.
(a) "Aftermarket crash part" - A motor vehicle replacement
part, manufactured by other than the original equipment
manufacturer, for any of the non-mechanical parts made of sheet
metal, plastic, fiberglass or of similar material which generally
constitute the exterior of a motor vehicle, including the following
parts: outer panels; hoods; fenders; doors; trunk lids; exterior
coverings of bumpers but not including windows or hubcaps. The
aforementioned categories may be expanded as new certification standards are developed by entities qualified under paragraph (d)
of this Section.
(b) "Car Company" - A motor vehicle manufacturer or
distributor that produces or markets, under its own name, crash
parts for use in motor vehicles that it manufactures or distributes
under its own name.
(c) "Non-Car Company" or "Independent Manufacturer" - A
manufacturer or distributor that produces or markets, under its own
name, crash parts for use in motor vehicles that it does not
manufacture or distribute.
(d) Independent Third Party Certifier" - A certifying entity,
to be qualified and acceptable for purposes of this act, shall:
(1) not be owned, operated, or maintained by any car company
or non-car company manufacturer of aftermarket crash parts;
(2) conforms to all generally accepted guidelines for
independent, third party certification and standard setting
programs;
(3)
have adopted written standards containing conditions to
be fulfilled by a manufacturer of crash parts;
(4) test or contract with an independent testing organization
that tests crash parts, using suitable equipment and techniques;
(5)
administer its certification program in a non-discriminatory manner regarding any manufacturer or supplier of
crash parts;
(6)
provide a system to determine that certified parts
continue to equal or exceed the parts placed on the vehicle during
initial assembly in terms of fit, finish, quality and performance
and, failing to so conform, to decertify and advise crash part
users of withdrawals of certification for any such part;
(7)
provide mechanisms for quickly receiving inquiries and
promptly resolving disputes that arise under the program in regard
to consumers, insurers or repair shops;
(8)
provide a means of identifying each certified crash part
and provide a system of security that guards against misuse of the
identification;
(9)
provide updated lists of certified crash parts on at
least a weekly basis; and
(10)
provide the insurance department, the division of motor
vehicles and the public with an annual report underscoring any
significant developments, problems or changes relating to
certification procedures or requirements.
(e) "Certified aftermarket crash part" - An aftermarket crash
part for which a certification has been issued by an independent
third party as defined in subsection (d) of this section. All aftermarket crash parts certified shall be warranted by the
manufacturer, distributor and the insurer as being equal to or
exceeding the parts placed on the vehicle during initial assembly
in terms of fit, finish, quality and performance.
(f) "Insurer" - An insurance company and any person
authorized to represent the insurer with respect to a claim and who
is acting within the scope of the person's authority.
(g) "Repair Facility" - A motor vehicle dealer, garage, body
shop or other commercial entity which undertakes the repair or
replacement of those parts that generally constitute the exterior
of the motor vehicle.
§17A-6E-4. Use of Certified Aftermarket Crash Parts.
All non-car company aftermarket crash parts, as defined in
section three of this article, which are used to repair a motor
vehicle shall be certified.
§17A-6E-5. Notification.
In all instances the written estimate prepared by the insurer
or the repair facility, or both, shall clearly identify the
manufacturer of each such part so long as that manufacturer can be
identified by automated processes or through the manufacturer's
warranty. A notification shall be attached to, or included in, the
estimate and shall contain the following information in no smaller than 12-point type:
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE
USE OF CRASH PARTS SUPPLIED BY THE MANUFACTURER OF YOUR VEHICLE OR
CERTFIED AFTERMARKET CRASH PARTS SUPPLIED BY AN INDEPENDENT
MANUFACTURER. ALL AFTERMARKET CRASH PARTS USED IN THE PREPARATION
OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR
OF SUCH PARTS AND/OR AN INSURER FOR WHICH THE ESTIMATE WAS WRITTEN.
§17A-6E-6. Leased and Financed Vehicles.
No individual, company or agent may impose any penalty upon
or discriminate in any manner against an individual leasing or
financing a motor vehicle that repairs said vehicle using certified
aftermarket crash parts.
§17A-6E-7. Effective Date.
This act shall become effective on the first day of July, two
thousand one.
NOTE: This bill is designed to protect consumers from
inferior crash parts used in the repair of their motor vehicle.
Non-car company (independent) manufacturers of non-mechanical parts
used in repair of automobiles shall undergo certification by an
independent third party. This certification provides notice to
the public that the crash parts used to repair the vehicle, equal
or exceed the parts placed on the vehicle during initial assembly
in terms of fit, finish, quality and performance
The consumer is further protected by the requirement that the
insurance estimate or the body repair shop will furnish a
notification identifying the manufacturer of the certified part (so long as that manufacturer can be identified by automated processes
or through the manufacturer's warranty) and that the part is
warranted by the manufacturer. Since aftermarket crash parts must
be certified, there shall be no penalty imposed on an individual
who finances or leases a motor vehicle for the use of non-car
company crash parts.
This is a new article; therefore strike-throughs and
underlining have been omitted.
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