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
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
(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
(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
(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
(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
(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.
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.