H. B. 4445

(By Delegates Amores and Manuel)
[Introduced February 8, 2002; 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; adding definitions; requiring certification of crash parts by an independent third party ; and relating to notices that must be given on these repaired vehicles.

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) "Certified aftermarket crash part" means an aftermarket crash part for which a certification has been issued by an independent third-party certifier as defined in 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.
(c) (d) "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) (e) "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;
(f) "Independent third-party certifier" means a certifying entity, to be qualified and acceptable for purposes of this article, that:
(1) May not be owned, operated, or maintained by any car company or noncar company manufacturer of aftermarket crash parts;
(2) Shall conform to all generally accepted guidelines for independent, third-party certification and standard setting programs;
(3) Has adopted written standards containing conditions to be fulfilled by a manufacturer of crash parts;
(4) Tests or contracts with an independent testing organization that tests crash parts, using suitable equipment and techniques;
(5) Administers its certification program in a nondiscriminatory manner regarding any manufacturer or supplier of crash parts;
(6) Provides 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 confirm, to decertify and advise crash part users of withdrawals of certification for any part;
(7) Provides mechanisms for quickly receiving inquiries and promptly resolving disputes that arise under the program in regard to consumers, insurers or repair shops;
(8) Provides a means of identifying each certified crash part and provide a system of security that guards against misuse of the identification;
(9) Provides updated lists of certified crash parts on at least a weekly basis; and
(10) Provides the insurance department (or other appropriate state agency) and the public with an annual report underscoring any significant developments, problems or changes relating to certification procedures or requirements.
(g) "Insurer" means 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.
(e) (h) "Motor vehicle" has the meaning stated in section one, article one, chapter seventeen-a of this code; and
(f) (i) "Motor vehicle body shop" means any person or business establishment that removes, replaces, reconditions or repairs sheet metal or fiberglass motor vehicle crash parts or otherwise undertakes the repair or replacement of those parts that generally constitute the exterior of the motor vehicle; and
(j) "Noncar company" or "independent manufacturer" means 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.

§46A-6B-3. Genuine and aftermarket crash parts; use of certified aftermarket crash parts; leased and financed vehicles.

(a) 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.
(b)

All noncar company aftermarket crash parts, as defined in section two of this article, which are used to repair a motor vehicle and which are certified, are presumed to be suitable replacement parts.
(c) No individual, company or agency may impose any penalty upon an individual leasing or financing a motor vehicle that requires the vehicle using certified 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 On the effective date of this amendment to this section and article, 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 parts; and
(3) Identify the manufacturer of the parts if the replacement

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 CRASH PARTS SUPPLIED BY THE MANUFACTURER OF YOUR VEHICLE OR CERTIFIED 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 protect consumers from inferior aftermarket crash parts used to repair vehicles by requiring that all noncar company aftermarket crash parts be certified by an independent third party.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.