Running a Shop Law

Crash parts bills to be considered in state legislatures

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Jan. 27, 2012—Several crash parts bills have been introduced in state legislatures across the U.S., according to the Automotive Service Association (ASA).

The ASA said crash parts bills have been introduced in Oklahoma, Hawaii, Massachusetts, New York, South Carolina, North Carolina and Washington.

The ASA said two state bills are of particular importance for independent repairers. Oklahoma Senate Bill 1458 calls for consumer notice and consent language, and adds new policy provisions including “emissions part” and “safety part.”

“Emissions part,” the ASA said, requires the replacement of parts or systems related to the control, monitoring and release_notes of waste gases and particles created as a byproduct of combustion. Those parts include oxygen sensors, catalytic converters, exhaust pipes, exhaust manifold, fuel distributor, electronic emissions control unit, onboard emissions diagnostic device (OBD), and related parts and components.

“Safety part” requires the replacement of parts or systems essential to vehicle operation. Those parts include suspension, electronic control units (ECU), brake parts, safety systems and supplemental restraint system (SRS) components, according to the ASA.

In addition, Hawaii Senate Bill 2326 amends the state’s current law by removing provisions requiring claimants to pay additional costs for the use of original equipment manufacturer (OEM) parts. The legislation reads as follows:

“Original equipment manufacturers and like kind and quality parts; used or aftermarket parts: (a) An insurer shall make available a choice to the insured of authorizing a repair provider to utilize a like kind and quality used or aftermarket part of an equal or better quality than the original equipment manufacturer part if such part is available or an original equipment manufacturer part for motor vehicle body repair work. If the insured or claimant chooses the use of an original equipment manufacturer part, the insured or claimant shall pay the additional cost of the original equipment manufacturer part that is in excess of the equivalent like kind and quality used or aftermarket part, unless the vehicle is currently under the manufacturer’s warranty or original equipment parts are required by the vehicle manufacturer’s warranty.”

To view the full text of these bills, visit the ASA’s legislative website, TakingTheHill.com.

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