Text: HF00604                           Text: HF00606
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 605

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 537B.4, Code 1999, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    537B.4  REPLACEMENT CRASH PARTS.
  1  5    1.  As used in this section:
  1  6    a.  "Motor vehicle" means a motor vehicle as defined in
  1  7 section 321.1 which is subject to registration.
  1  8    b.  "New aftermarket replacement crash part" means a
  1  9 replacement crash part which was not manufactured by the
  1 10 original manufacturer of the motor vehicle or its licensees.
  1 11    c.  "New original equipment manufacturer replacement crash
  1 12 part" means a replacement crash part that was manufactured by
  1 13 the original manufacturer of the motor vehicle or its
  1 14 licensees.
  1 15    d.  "Recycled or recyclable replacement crash part" means a
  1 16 replacement crash part that has been removed from a salvage
  1 17 motor vehicle and is recyclable.
  1 18    e.  "Remanufactured replacement crash part" means a
  1 19 replacement crash part that has been returned to like-new
  1 20 condition by repairing, remachining, or rebuilding the part.
  1 21    f.  "Repair facility" means a motor vehicle dealer, garage,
  1 22 body shop, or other person that undertakes the repair of
  1 23 collision damage to motor vehicles for a fee.
  1 24    g.  "Replacement crash part" means a replacement for any of
  1 25 the parts typically replaced during the repair of a collision-
  1 26 damaged motor vehicle including nonmechanical sheet metal or
  1 27 plastic parts which generally constitute the exterior of a
  1 28 motor vehicle.
  1 29    2.  a.  An automobile insurer shall not require, directly
  1 30 or indirectly, the use of a specific type of replacement crash
  1 31 part for the repair of a collision-damaged motor vehicle
  1 32 unless the insurer discloses the specific type of replacement
  1 33 crash part required by the insurer to the owner of the motor
  1 34 vehicle or the owner's authorized representative.  An
  1 35 automobile insurer shall not require, directly or indirectly,
  2  1 the use of a specific type of replacement crash part other
  2  2 than a new original equipment manufacturer replacement crash
  2  3 part for the repair of a collision-damaged motor vehicle if
  2  4 the model year of the motor vehicle is less than five years
  2  5 old, counting from the date of completion of the manufacturing
  2  6 of the motor vehicle.
  2  7    b.  A repair facility or an individual who actually repairs
  2  8 a collision-damaged motor vehicle on behalf of a repair
  2  9 facility shall not install any type of replacement crash part
  2 10 unless the repair facility or individual installing the part
  2 11 discloses in the estimate of repairs the type of replacement
  2 12 crash part and obtains written authorization from the owner of
  2 13 the motor vehicle or the owner's authorized representative.
  2 14 The disclosure and written authorization shall be in twelve
  2 15 point type or larger and attached to a copy of the collision
  2 16 repair estimate and shall be in a form substantially as
  2 17 follows:  
  2 18    REPLACEMENT CRASH PARTS DISCLOSURE AND AUTHORIZATION FORM
  2 19    1.  "Replacement crash parts" are the parts typically
  2 20 replaced during the repair of a collision-damaged motor
  2 21 vehicle.  These parts include, but are not limited to,
  2 22 nonmechanical sheet metal and plastic parts which generally
  2 23 constitute the exterior of a motor vehicle such as fenders,
  2 24 hoods, doors, bumper systems, and related structural
  2 25 components.
  2 26    2.  The type(s) of replacement crash parts listed on your
  2 27 estimate/repair order No._____________ (copy attached) are
  2 28 from the categories checked below.
  2 29    3.  Warranties for the type(s) of replacement crash parts
  2 30 listed below may be provided by the manufacture or distributor
  2 31 of the replacement crash parts.  Warranty coverage varies.
  2 32 Ask your insurer or repair facility for specific, written
  2 33 warranty information.  Additional warranties for replacement
  2 34 crash parts may be provided by __________________.
  2 35    4.  Replacement Crash Parts Types:
  3  1    ___.  New Original Equipment Manufacturer Replacement Crash
  3  2 Parts.
  3  3    Parts which are made by the vehicle manufacturer or one of
  3  4 its licensees.  These parts maintain the original equipment
  3  5 manufacture vehicle factory warranty for the replaced part and
  3  6 any other adjoining or associated original equipment
  3  7 manufacturer parts or systems.
  3  8    ___.  New Aftermarket Replacement Crash Parts.
  3  9    Parts which are made by companies other than the original
  3 10 motor vehicle manufacturer or its licensees.  All parts in
  3 11 this category are warranted by the distributor and/or
  3 12 manufacturer of these parts.
  3 13    ___.  Recycled or Recyclable Replacement Crash Parts.
  3 14    Used parts which have been removed from a salvage motor
  3 15 vehicle.  All parts in this category are warranted by the
  3 16 salvage vendor.
  3 17    ___.  Remanufactured Replacement Crash Parts.
  3 18    Parts which have been returned to like-new condition by
  3 19 repairing, remachining, or rebuilding.  All parts in this
  3 20 category are warranted by the remanufacturer of the part.
  3 21    I understand that my vehicle will be repaired using the
  3 22 parts described above, and I authorize the repair facility to
  3 23 install those parts.  
  3 24 __________________________               ________________________
  3 25 Customer Signature                       Date
  3 26    3.  A replacement crash part other than a new original
  3 27 equipment manufacturer replacement crash part or a recycled or
  3 28 recyclable replacement crash part which was manufactured by
  3 29 the original manufacturer of the motor vehicle or its
  3 30 licensees shall have affixed or inscribed upon the part the
  3 31 logo or name of its manufacturer.  A repair facility
  3 32 installing a replacement crash part other than a new original
  3 33 equipment manufacturer replacement crash part on a motor
  3 34 vehicle shall install the part so that the manufacturer's logo
  3 35 or name is visible upon inspection after installation whenever
  4  1 practicable.
  4  2    4.  It is a deceptive act or practice for a repair facility
  4  3 or manufacturer or distributor of replacement crash parts to
  4  4 fail to comply with the requirements of this section.
  4  5    Sec. 2.  Section 714.16, subsection 2, paragraph l, Code
  4  6 1999, is amended to read as follows:
  4  7    l.  It is an unlawful practice for a repair facility or
  4  8 manufacturer or distributor of aftermarket replacement crash
  4  9 parts, as defined in section 537B.4, to commit a deceptive act
  4 10 or practice under chapter 537B.  
  4 11                           EXPLANATION
  4 12    This bill amends Code section 537B.4, relating to certain
  4 13 replacement parts for motor vehicles.  The bill adds
  4 14 definitions for several different types of replacement parts
  4 15 used in the repair of collision-damaged motor vehicles.  These
  4 16 definitions include new aftermarket replacement crash parts
  4 17 not manufactured by the original motor vehicle manufacturer,
  4 18 new original equipment manufacturer replacement crash parts
  4 19 manufactured by the original motor vehicle manufacturer,
  4 20 recycled or recyclable replacement crash parts removed from a
  4 21 salvaged motor vehicle, and remanufactured replacement crash
  4 22 parts which were returned to like-new condition by repairing,
  4 23 remachining, or rebuilding.
  4 24    The bill prohibits an automobile insurer from requiring the
  4 25 use of a specific type of replacement crash part for the
  4 26 repair of a collision-damaged motor vehicle unless the insurer
  4 27 discloses such a requirement to the owner of the motor vehicle
  4 28 or the owner's authorized representative.  The bill also
  4 29 prohibits an automobile insurer from requiring the use of a
  4 30 specific type of replacement crash part other than a new
  4 31 original equipment manufacturer replacement crash part for the
  4 32 repair of a collision-damaged motor vehicle if the model year
  4 33 of the motor vehicle is less than five years old.
  4 34    The bill also prohibits the installation of a replacement
  4 35 crash part by a repair facility unless the repair facility
  5  1 discloses the type of replacement crash part to be used and
  5  2 obtains written authorization from the owner of the motor
  5  3 vehicle or the owner's authorized representative.  The bill
  5  4 also prescribes certain information which must be included in
  5  5 the disclosure and written authorization form attached to the
  5  6 collision repair estimate for a motor vehicle.
  5  7    Currently, Code section 537B.4 defines "aftermarket crash
  5  8 part" as a replacement for any of the nonmechanical sheet
  5  9 metal or plastic parts which generally constitute the exterior
  5 10 of a motor vehicle, including inner and outer panels, which
  5 11 replacement is not manufactured or marketed by the original
  5 12 equipment manufacturer of the motor vehicle.  The section
  5 13 currently prohibits the use of aftermarket crash parts in the
  5 14 repair of a customer's motor vehicle unless the proposed use
  5 15 is disclosed in the collision repair estimate given to the
  5 16 customer and specifies language to be included in the
  5 17 disclosure.
  5 18    The bill modifies the requirement that an aftermarket crash
  5 19 part, made by a manufacturer other than the original equipment
  5 20 manufacturer and supplied for use in this state have the
  5 21 manufacturer's logo or name affixed or inscribed upon the part
  5 22 and the requirement that a repair facility install an
  5 23 aftermarket crash part so that the manufacturer's name or logo
  5 24 is visible upon inspection, to make these requirements
  5 25 applicable to all replacement crash parts other than new
  5 26 original equipment manufacturer replacement crash parts.
  5 27    The bill also makes a corresponding change in Code section
  5 28 714.16, relating to consumer frauds.  A violation of the bill
  5 29 is a deceptive act or practice which is subject to
  5 30 investigation and action by the attorney general.  
  5 31 LSB 2519HH 78
  5 32 nh/gg/8.1
     

Text: HF00604                           Text: HF00606
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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