H. B. 3071


(By Delegates Webster and Amores (By Request))

[Introduced February 19, 2003; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact article six-b, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the certified aftermarket parts act; modifying the previous statute; replacement parts made by an independent, noncar manufacturer; what parts are included; certifying entity required; manufacturer to warrant parts; and notification.

Be it enacted by the Legislature of West Virginia:
That 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 to read as follows:
ARTICLE 6B. CONSUMER PROTECTION-AUTOMOTIVE CRASH PARTS.
§46A-6B-1. Short title.
This statute may be called the "Certified Aftermarket Parts Act."
17C-15A-2. Legislative findings.
The Legislature finds that the unregulated manufacture and sale of automotive crash parts made by other than the original equipment manufacturers exposes consumers to losses from inferior parts and the lack an identifiable manufacturer from whom to seek damages.
§46A-6B-3. Definitions.
(a) "Aftermarket crash part" means a motor vehicle replacement part manufactured by other than the original equipment manufacturer for any of the nonmechanical parts made of sheet metal, plastic, fiberglass or of similar material which generally constitute the exterior of the vehicle, including the following parts: Outer panels, hoods, fenders, doors, trunk lids, exterior coverings of bumpers, but not including windows or hubcaps. These categories may be expanded as new certification standards are developed by entities qualified under subsection (d) of this section.
(b) "Car company" means 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) "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.
(d) "Independent third-party certifier" means a certifying entity that is qualified and acceptable for purposes of this article which may:
(1) Not be owned, operated or maintained by any car company or noncar company manufacturer of aftermarket crash parts;
(2) Not conform 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 nondiscriminatory 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 those parts;
(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 commission 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" means an aftermarket crash part for which a certification has been issued by an independent third-party, certifier, as defined in subsection (e) of this section.
(f) "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.
(g) "Repair facility" means 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 a motor vehicle.
§46A-6B-4. Use of certified aftermarket crash parts.
All noncar company aftermarket crash parts, as defined in subdivision (1), subsection (d), section three of this article, which are used to repair a motor vehicle and which are certified, shall be presumed to be suitable replacement parts.
§46A-6B-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 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 CERTIFIED 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.
§46A-6B-6. Leased and financed vehicles.
No individual, company or agent may impose any penalty upon an individual leasing or financing a motor vehicle that repairs the vehicle using certified aftermarket crash parts.


NOTE: The purpose of this bill is to modify the former statute and to protect consumers from inferior crash parts used in the repair of their damaged motor vehicles.

This section is completely rewritten; therefore, strike-throughs and underscoring have been omitted.