H. B. 2504
(By Delegates Manuel, Fantasia, Farris,
Faircloth, Beane and Gallagher)
(Originating in the House Committee
on Roads and Transportation)
[March 1, 1995]
A BILL to amend and reenact sections one, two, three, four and
five, article six-b, chapter forty-six-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto a new
section, designated section six, 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, three, four and five, 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; and that
said article be further amended by adding thereto a new section,
designated section six, 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 purposes of this article
is are to place
upon motor vehicle body shops the duty to disclose require
disclosure to motor vehicle owners of information on the use of
certain replacement crash parts in for repairs to their 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 workprevent both motor vehicle body shops and insurance companies from
requiring the use of aftermarket crash parts for repair unless the
motor vehicle owner consents in writing at the time of the repair.
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
(d) "Genuine crash parts" means crash parts:
(1) Manufactured by or for the original manufacturer of the
motor vehicle to be repaired; and
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 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 genuine crash
parts 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 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.
3 4. Notices and written statements to be provided to
(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
(3) Identify the manufacturer of the parts if the replacement
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.
4 5. Other remedies available.
This article does not:
(a) Prohibit a person from filing an action for damages
against a body shop; or
(b) Require a person first to exhaust any administrative
remedy he may have.
5 6. Violation of article an unfair method of competition
or deceptive act or practice; penalty.
A violation of any provision of this article is an unfair or
deceptive act or practice within the meaning of section one hundred two, article six of this chapter and is subject to the enforcement
and penalty provisions contained in this chapter.