Senate Bill No. 402
(By Senators Manchin, Wiedebusch, Wagner, Bailey, Anderson,
Schoonover, Wooton, Helmick, Deem, Ross, Hinkle and Whitlow)
[Introduced February 17, 1995; referred to the Committee
on Banking and Insurance.]
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
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.
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 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
(a) Effective the first day of July, one thousand nine
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
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
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.