Senate Bill No. 402
(By Senators Manchin, Wiedebusch, Wagner, Bailey, Anderson,
Schoonover, Wooton, Helmick, Deem, Ross, Kimble and Whitlow)
[Originating in the Committee on Banking and Insurance;
reported February 27, 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
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 are to require
disclosure to motor vehicle owners of information on certain
replacement crash parts for repairs to their motor vehicles and
to prevent 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 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) 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. 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 the
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.
§46A-6B-4. Notices and written statements to be provided to
(a) Effective the first day of July, one thousand nine
hundred 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
(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
(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
§46A-6B-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.
§46A-6B-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.