H. B. 2855
(By Delegates R. Thompson, Staton,
Fleischauer, Mahan, Perdue and Fox)
[Introduced March 14, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections one and two, 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
five-a, relating to requiring tire manufacturers to replace
tires that blow out within the first twenty thousand miles of
wear; and creating a presumption that the tire was defective
in the event it blows out within the first twenty-thousand
miles of wear; statement of policy; and definition of
"blown-out tire."
Be it enacted by the Legislature of West Virginia:
That sections one and two, 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
five-a, all to read as follows:
ARTICLE 6B. CONSUMER PROTECTION--AUTOMOTIVE CRASH PARTS AND
DEFECTIVE TIRES.
§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 protect the
public-at-large from defective tires that may pose a safety hazard,
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.
§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) "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 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.
(g) "Blown-out tire" means a pneumatic tire on a motor vehicle
used for travel or transport on the public roads and highways that
suddenly and violently bursts as the result of air pressure against
a weak spot on the inner lining of the tire.
§46A-6B-5a. Presumption of defective condition of tire that blows
out; manufacturers duty to replace in certain
circumstances.
(a) A reasonably balanced and maintained tire, purchased new
and mounted on a motor vehicle used for travel or transport on the
public roads or highways, that has blown out within the first twenty thousand miles of wear after purchase of the tire, creates
a legal presumption that the tire was originally defective.
(b) Upon satisfactory proof of original purchase to the
seller, the purchaser of a new tire mounted, reasonably balanced
and maintained on a motor vehicle used for travel or transport on
the public roads and highways, that has blown out within the first
twenty thousand miles of wear since the date of purchase, shall,
upon request, be provided a new and reasonably equivalent
replacement tire by the manufacturer of the blown-out tire:
Provided, That the seller, as the manufacturer's agent, shall
replace the tire from existing inventory, if possible, and the
manufacturer shall reimburse the seller with a reasonably
equivalent replacement of the tire or the wholesale cost thereof.
NOTE: The purpose of this bill is to
require tire
manufacturers to replace tires that blow out within the first
twenty thousand miles of wear. The bill also creates a legal
presumption that the tire was defective in the event it blew out
within the first twenty thousand miles of wear.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§46A-6B-5a is new; therefore, strike-throughs and underscoring
have been omitted.