BP BHEAD INT S [atlas:bill]

AN ACT Relating to the use of aftermarket crash parts for the repair of motor vehicles; and adding a new chapter to Title 19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares as a matter of public policy that the purposes of this chapter are to require disclosure to motor vehicle owners of information on certain replacement crash parts for repairs to their motor vehicles and to prevent the use of aftermarket crash parts for repair unless the motor vehicle owner consents in writing at the time of the repair.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Aftermarket crash parts" means crash parts:

(a) Manufactured by a person other than the original manufacturer of the motor vehicle to be repaired; and

(b) 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.

(2) "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.

(3) "Genuine crash parts" means crash parts:

(a) Manufactured by or for the original manufacturer of the motor vehicle to be repaired; and

(b) That are authorized to carry the name or trademark of the original manufacturer of the motor vehicle.

(4) "Motor vehicle body shop" means a person or business establishment that removes, replaces, reconditions, or repairs sheet metal or fiberglass motor vehicle crash parts.

NEW SECTION. Sec. 3. (1) For a motor vehicle requiring repair by motor vehicle body shops in the year of its manufacture or in the four succeeding years thereafter, a motor vehicle body shop shall 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. An insurance company may not require the use of aftermarket crash parts when negotiating repairs of the motor vehicle with a repairer for a period of five years, the year the motor vehicle was manufactured and the four succeeding years thereafter, unless the motor vehicle owner consents in writing at the time of the repair to the use of aftermarket crash parts.

(2) An insurer that writes motor vehicle insurance and that intends to require or specify the use of aftermarket crash parts on a vehicle older than five years must disclose to its policyholders in writing, either in the policy or on an attached sticker, the following information in no smaller than ten-point type:

IN THE REPAIR OF YOUR COVERED MOTOR VEHICLE UNDER THE PHYSICAL DAMAGE COVERAGE PROVISIONS OF THIS POLICY, WE MAY REQUIRE OR SPECIFY THE USE OF MOTOR VEHICLE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. THESE PARTS ARE REQUIRED TO BE AT LEAST EQUAL IN TERMS OF FIT, QUALITY, PERFORMANCE, AND WARRANTY TO THE ORIGINAL MANUFACTURER PARTS THEY REPLACE.

NEW SECTION. Sec. 4. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 5. Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.