AN ACT Relating to motor vehicle aftermarket crash parts; amending RCW 46.71.080 and 46.71.090; adding a new section to chapter 46.71 RCW; adding a new section to chapter 48.30 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) If an automotive repairman prepares an estimate based on use of any aftermarket crash parts, the estimate shall identify the aftermarket crash parts and shall include the following notice in no smaller than ten-point type:

"This estimate has been prepared based on the use of motor vehicle crash parts that were not made or supplied by the manufacturer of your motor vehicle. The parts must be certified in accordance with RCW 46.71.--- (section 4 of this act) to be at least the same quality as the parts being replaced, unless you agree to accept noncertified parts. The use of parts not made or supplied by the manufacturer of your motor vehicle will invalidate any remaining warranties of the original manufacturer on that part. Upon request, we will provide you with a copy of any warranty for such parts for comparison purposes."

(2) The automotive repairman shall provide the estimate to the customer and upon request shall provide the customer with a copy of any warranty for the aftermarket crash parts listed in the estimate.

NEW SECTION. Sec. 2. An automotive repairman shall not supply or install any aftermarket crash part for which the automotive repairman has prepared an estimate unless the automotive repairman has obtained the customer's written consent. Aftermarket crash parts supplied or installed by an automotive repairman must be certified unless the automotive repairman obtains the customer's specific written consent to use noncertified parts.

NEW SECTION. Sec. 3. An original equipment manufacturer supplying a crash part shall warrant that the part meets the same quality standards used in manufacturing the original equipment being replaced.

NEW SECTION. Sec. 4. (1) For purposes of sections 1 through 3 of this act, "aftermarket crash part" means a motor vehicle replacement part, sheet metal or plastic, that constitutes the visible exterior of the vehicle, including an inner or outer panel, is generally installed as the result of a collision, and is not made or supplied by the original equipment manufacturer.

(2) For purposes of sections 1 through 3 of this act, "certified" means tested and approved by an independent test facility having the capability to scientifically analyze automotive parts to be the same kind of part as the part being replaced and at least the same quality with respect to fit, finish, function, and corrosion resistance.

NEW SECTION. Sec. 5. A new section is added to chapter 48.30 RCW to read as follows:

(1) If an insurer prepares an estimate based on use of any aftermarket crash parts, the estimate shall identify the aftermarket crash parts and shall include the following notice in no smaller than ten-point type:

"This estimate has been prepared based on the use of motor vehicle crash parts that were not made or supplied by the manufacturer of your motor vehicle. Such parts must be certified in accordance with RCW 48.30.---(5) (subsection (5) of this section) to be at least the same quality as the parts being replaced, unless you agree to accept noncertified parts. The use of parts not made or supplied by the manufacturer of your motor vehicle will invalidate any remaining warranties of the original manufacturer on that part. Upon request, we will provide you with a copy of any warranty for such parts for comparison purposes."

(2) The insurer shall provide the estimate to the registered owner or duly authorized representative and upon request shall provide the registered owner or duly authorized representative with a copy of any warranty for the aftermarket crash parts listed in the estimate.

(3) An insurer shall not require the use of noncertified aftermarket crash parts for which the insurer has prepared an estimate unless the insurer obtains the written consent of the registered owner or his or her authorized representative.

(4) For purposes of this section, "aftermarket crash part" means a motor vehicle replacement part, sheet metal or plastic, that constitutes the visible exterior of the vehicle, including an inner or outer panel, is generally installed as the result of a collision, and is not made or supplied by the original equipment manufacturer.

(5) For purposes of this section, "certified" means tested and approved by an independent test facility having the capability to scientifically analyze automotive parts to be the same kind of part as the part being replaced and at least the same quality with respect to fit, finish, function, and corrosion resistance.

(6) A violation of this section constitutes an unfair act or practice affecting the public interest under chapter 19.86 RCW.

Sec. 6. Section 10, chapter 62, Laws of 1982 and RCW 46.71.080 are each amended to read as follows:

Whenever a vehicle license renewal form under RCW 46.16.210 is given to the registered owner of any vehicle, the department of licensing shall give to the owner written notice of the provisions of ((~~this chapter~~)) RCW 46.71.010 through 46.71.070 in a manner prescribed by the director of licensing.

Sec. 7. Section 11, chapter 62, Laws of 1982 and RCW 46.71.090 are each amended to read as follows:

When the department of revenue issues a registration certificate under RCW 82.32.030 to an automotive repairman, it shall give written notice to the person of the requirements of ((~~this chapter~~)) RCW 46.71.010 through 46.71.070 in a manner prescribed by the director of revenue. The department of revenue shall thereafter give the notice on an annual basis in conjunction with the business and occupation tax return provided to each person holding a registration certificate as an automotive repairman.

NEW SECTION. Sec. 8. Sections 1 through 4 of this act are each added to chapter 46.71 RCW.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act shall take effect January 1, 1991.