H. B. 3048

(By Delegate Staton)

[Introduced March 28, 2001; referred to the

Committee on the Judiciary.]






A BILL to amend chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-e, relating to the certified aftermarket parts act; setting forth a short title; specifying purposes; setting forth definitions; requiring use of certified aftermarket repair parts; notification; requiring printed notification in certain circumstances; specifying content of notification; setting forth prohibition of penalty and prohibiting discrimination against persons leasing or financing a motor vehicle; and specifying an effective date.

Be it enacted by the Legislature of West Virginia:
That chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-e, to read as follows:
ARTICLE 6E. CERTIFIED AFTERMARKET PARTS ACT.
§17A-6E-1. Short Title.
This Act may be called the "Certified Aftermarket Parts Act."
§17A-6E-2. Purpose.
The purpose of this act is to protect consumers from inferior aftermarket crash parts used to repair vehicles by requiring that all non-car company aftermarket crash parts be certified by an independent third party. This act further requires notification by the body repair shop or an insurance estimate as to the use of certified aftermarket crash parts.
§17A-6E-3. Definitions.
(a) "Aftermarket crash part" - A motor vehicle replacement part, manufactured by other than the original equipment manufacturer, for any of the non-mechanical parts made of sheet metal, plastic, fiberglass or of similar material which generally constitute the exterior of a motor vehicle, including the following parts: outer panels; hoods; fenders; doors; trunk lids; exterior coverings of bumpers but not including windows or hubcaps. The aforementioned categories may be expanded as new certification standards are developed by entities qualified under paragraph (d) of this Section.
(b) "Car Company" - A motor vehicle manufacturer or distributor that produces or markets, under its own name, crash parts for use in motor vehicles that it manufactures or distributes under its own name.
(c) "Non-Car Company" or "Independent Manufacturer" - A manufacturer or distributor that produces or markets, under its own name, crash parts for use in motor vehicles that it does not manufacture or distribute.
(d) Independent Third Party Certifier" - A certifying entity, to be qualified and acceptable for purposes of this act, shall:
(1) not be owned, operated, or maintained by any car company or non-car company manufacturer of aftermarket crash parts;
(2) conforms to all generally accepted guidelines for independent, third party certification and standard setting programs;
(3)have adopted written standards containing conditions to be fulfilled by a manufacturer of crash parts;
(4) test or contract with an independent testing organization that tests crash parts, using suitable equipment and techniques;
(5)administer its certification program in a non-discriminatory manner regarding any manufacturer or supplier of crash parts;
(6)provide a system to determine that certified parts continue to equal or exceed the parts placed on the vehicle during initial assembly in terms of fit, finish, quality and performance and, failing to so conform, to decertify and advise crash part users of withdrawals of certification for any such part;
(7)provide mechanisms for quickly receiving inquiries and promptly resolving disputes that arise under the program in regard to consumers, insurers or repair shops;
(8)provide a means of identifying each certified crash part and provide a system of security that guards against misuse of the identification;
(9)provide updated lists of certified crash parts on at least a weekly basis; and
(10)provide the insurance department, the division of motor vehicles and the public with an annual report underscoring any significant developments, problems or changes relating to certification procedures or requirements.

(e) "Certified aftermarket crash part" - An aftermarket crash part for which a certification has been issued by an independent third party as defined in subsection (d) of this section. All aftermarket crash parts certified shall be warranted by the manufacturer, distributor and the insurer as being equal to or exceeding the parts placed on the vehicle during initial assembly in terms of fit, finish, quality and performance.
(f) "Insurer" - An insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority.
(g) "Repair Facility" - A motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of the motor vehicle.
§17A-6E-4. Use of Certified Aftermarket Crash Parts.
All non-car company aftermarket crash parts, as defined in section three of this article, which are used to repair a motor vehicle shall be certified.
§17A-6E-5. Notification.
In all instances the written estimate prepared by the insurer or the repair facility, or both, shall clearly identify the manufacturer of each such part so long as that manufacturer can be identified by automated processes or through the manufacturer's warranty. A notification shall be attached to, or included in, the estimate and shall contain the following information in no smaller than 12-point type: THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY THE MANUFACTURER OF YOUR VEHICLE OR CERTFIED AFTERMARKET CRASH PARTS SUPPLIED BY AN INDEPENDENT MANUFACTURER. ALL AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS AND/OR AN INSURER FOR WHICH THE ESTIMATE WAS WRITTEN.
§17A-6E-6. Leased and Financed Vehicles.
No individual, company or agent may impose any penalty upon or discriminate in any manner against an individual leasing or financing a motor vehicle that repairs said vehicle using certified aftermarket crash parts.
§17A-6E-7. Effective Date.
This act shall become effective on the first day of July, two thousand one.



NOTE: This bill is designed to protect consumers from inferior crash parts used in the repair of their motor vehicle. Non-car company (independent) manufacturers of non-mechanical parts used in repair of automobiles shall undergo certification by an independent third party. This certification provides notice to the public that the crash parts used to repair the vehicle, equal or exceed the parts placed on the vehicle during initial assembly in terms of fit, finish, quality and performance

The consumer is further protected by the requirement that the insurance estimate or the body repair shop will furnish a notification identifying the manufacturer of the certified part (so long as that manufacturer can be identified by automated processes or through the manufacturer's warranty) and that the part is warranted by the manufacturer. Since aftermarket crash parts must be certified, there shall be no penalty imposed on an individual who finances or leases a motor vehicle for the use of non-car company crash parts.



This is a new article; therefore strike-throughs and underlining have been omitted.