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