H. B. 2647


(By Delegates Faircloth and Manuel
)
[Introduced February 4, 1999; referred to the
Committee on the Judiciary.]




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 consumer protection and automotive crash parts; clarifying the definition and usage of the term "genuine crash parts"; and extending the 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 four 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. No An insurance company may not 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 vehicle owner.
(a) Effective the first day of July, one thousand nine hundred ninety-five ninety-nine, before beginning repair work on crash parts, a motor vehicle body shop shall must:
(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, 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.
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.