BILL REQ. #:  H-1757.1 

Read first time 02/26/2003.   Referred to Committee on Financial Institutions & Insurance.

     AN ACT Relating to the use of original equipment manufacturer crash parts for repair of motor vehicles; and adding a new section to chapter 48.30 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 48.30 RCW to read as follows:
     (1) As used in this section:
     (a) "Nonoriginal equipment manufacturer crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle, including inner and outer panels, that was not made for or by the manufacturer of that motor vehicle.
     (b) "Original equipment manufacturer crash part" means a replacement part for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle, including inner and outer panels, that was manufactured by or for the original manufacturer of that motor vehicle.
     (2) No insurance company may require the use of nonoriginal equipment manufacturer crash parts in the repair of a motor vehicle for a period of five years running from the year the motor vehicle was manufactured or while the vehicle is under manufacturer's warranty unless the motor vehicle owner consents in writing at the time of the repair. If the motor vehicle owner consents to the use of nonoriginal equipment manufacturer crash parts, the insurer must specify on the repair estimate which parts are original equipment manufacturer crash parts and which parts are nonoriginal equipment manufacturer crash parts and must include with the estimate a disclosure document containing the following information in no smaller than twelve-point type:

     THIS ESTIMATE IS BASED UPON THE USE OF NONORIGINAL EQUIPMENT MANUFACTURER CRASH PARTS THAT WERE MANUFACTURED NEITHER BY THE ORIGINAL MANUFACTURER OR THE MOTOR VEHICLE NOR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE TO USE ITS NAME OR TRADEMARK. THE USE OF A NONORIGINAL EQUIPMENT MANUFACTURER CRASH PART INVALIDATES ANY REMAINING WARRANTY OF THE ORIGINAL PART IT REPLACES. THE ONLY WARRANTIES, IF ANY, COVERING NONORIGINAL EQUIPMENT MANUFACTURER CRASH PARTS ARE THOSE THAT MAY BE MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THOSE PARTS.

     I UNDERSTAND THAT MY VEHICLE WILL BE REPAIRED USING NONORIGINAL EQUIPMENT MANUFACTURER CRASH PARTS AS SPECIFIED IN THE REPAIR ESTIMATE, AND I AUTHORIZE THE REPAIR FACILITY TO INSTALL THOSE SPECIFIED PARTS.