S-0817.1 _______________________________________________
SENATE BILL 5524
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Senators Prentice and Winsley
Read first time 01/26/1999. Referred to Committee on Commerce, Trade, Housing & Financial Institutions.
AN ACT Relating to the use of imitation crash parts for repair of motor vehicles; adding a new section to chapter 48.30 RCW; 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 purpose of this chapter is to regulate the use of imitation crash parts by requiring disclosure and consumer consent when any use of imitation crash parts is proposed.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter and section 3 of this act unless the context clearly requires otherwise.
(1) "Imitation 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, which was not made for or by the manufacturer of that motor vehicle.
(2) "Motor vehicle body shop" means a person or business establishment that undertakes the repair of collision damage to vehicles.
(3) "Genuine 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, which was manufactured by or for the original manufacturer of that motor vehicle.
NEW SECTION. Sec. 3. A new section is added to chapter 48.30 RCW to read as follows:
(1) No insurance company may require the use of imitation crash parts in the repair of a motor vehicle for a period of five years running from the year the motor vehicle was manufactured unless the motor vehicle owner consents in writing at the time of the repair. If the motor vehicle owner consents to the use of imitation crash parts, the insurer must specify on the repair estimate which parts are genuine crash parts and which parts are imitation 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 IMITATION CRASH PARTS THAT WERE MANUFACTURED NEITHER BY THE ORIGINAL MANUFACTURER OF THE MOTOR VEHICLE NOR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE TO USE ITS NAME OR TRADEMARK. THE USE OF AN IMITATION CRASH PART INVALIDATES ANY REMAINING WARRANTY OF THE ORIGINAL PART IT REPLACES. THE ONLY WARRANTIES, IF ANY, COVERING IMITATION CRASH PARTS ARE THOSE THAT MAY BE MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THOSE IMITATION PARTS.
I UNDERSTAND THAT MY VEHICLE WILL BE REPAIRED USING IMITATION CRASH PARTS AS SPECIFIED IN THE REPAIR ESTIMATE, AND I AUTHORIZE THE REPAIR FACILITY TO INSTALL THOSE SPECIFIED PARTS.
CUSTOMER SIGNATURE DATE
(2) Insurers may use imitation crash parts on vehicles six years old and older only if the insurer specifies on the estimate which parts are genuine crash parts and which parts are imitation crash parts and includes 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 IMITATION CRASH PARTS THAT WERE MANUFACTURED NEITHER BY THE ORIGINAL MANUFACTURER OF THE MOTOR VEHICLE NOR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE TO USE ITS NAME OR TRADEMARK. THE USE OF AN IMITATION CRASH PART INVALIDATES ANY REMAINING WARRANTY OF THE ORIGINAL PART IT REPLACES. THE ONLY WARRANTIES, IF ANY, COVERING IMITATION CRASH PARTS ARE THOSE THAT MAY BE MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THOSE IMITATION PARTS.
I UNDERSTAND THAT MY VEHICLE WILL BE REPAIRED USING IMITATION CRASH PARTS AS SPECIFIED IN THE REPAIR ESTIMATE, AND I AUTHORIZE THE REPAIR FACILITY TO INSTALL THOSE SPECIFIED PARTS.
NEW SECTION. Sec. 4. (1) No motor vehicle body shop may require the use of imitation crash parts in the repair of a motor vehicle for a period of five years running from the year the motor vehicle was manufactured unless the motor vehicle owner consents in writing at the time of the repair. If the motor vehicle owner consents to the use of imitation crash parts, the motor vehicle body shop must specify on the estimate which parts are genuine crash parts and which parts are imitation 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 IMITATION CRASH PARTS THAT WERE MANUFACTURED NEITHER BY THE ORIGINAL MANUFACTURER OF THE MOTOR VEHICLE NOR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE TO USE ITS NAME OR TRADEMARK. THE USE OF AN IMITATION CRASH PART INVALIDATES ANY REMAINING WARRANTY OF THE ORIGINAL PART IT REPLACES. THE ONLY WARRANTIES, IF ANY, COVERING IMITATION CRASH PARTS ARE THOSE THAT MAY BE MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THOSE IMITATION PARTS.
I UNDERSTAND THAT MY VEHICLE WILL BE REPAIRED USING IMITATION CRASH PARTS AS SPECIFIED IN THE REPAIR ESTIMATE, AND I AUTHORIZE THE REPAIR FACILITY TO INSTALL THOSE SPECIFIED PARTS.
CUSTOMER SIGNATURE DATE
(2) Motor vehicle body shops may use imitation crash parts on vehicles six years old and older only if the motor vehicle body shop specifies on the estimate which parts are genuine crash parts and which parts are imitation crash parts and includes 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 IMITATION CRASH PARTS THAT WERE MANUFACTURED NEITHER BY THE ORIGINAL MANUFACTURER OF THE MOTOR VEHICLE NOR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE TO USE ITS NAME OR TRADEMARK. THE USE OF AN IMITATION CRASH PART INVALIDATES ANY REMAINING WARRANTY OF THE ORIGINAL PART IT REPLACES. THE ONLY WARRANTIES, IF ANY, COVERING IMITATION CRASH PARTS ARE THOSE THAT MAY BE MADE BY THE MANUFACTURER OR DISTRIBUTOR OF THOSE IMITATION PARTS.
I UNDERSTAND THAT MY VEHICLE WILL BE REPAIRED USING IMITATION CRASH PARTS AS SPECIFIED IN THE REPAIR ESTIMATE, AND I AUTHORIZE THE REPAIR FACILITY TO INSTALL THOSE SPECIFIED PARTS.
NEW SECTION. Sec. 5. 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. 6. Sections 1, 2, 4, and 5 of this act constitute a new chapter in Title 19 RCW.
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