South Carolina state Sen. David Thomas, R-Seneca, pre-
filed legislation mirroring that of the
National
Conference of Insurance Legislators' (NCOIL) Model Act
Regarding Motor Vehicle Crash Parts and Repair in
December 2010. Today a committee vote was held to
determine the future of a much diluted bill. According
to a spokeswoman from the Insurance and Banking
Committee, the bill was "voted on today and will go back
to the subcommittee."
The Automotive Service Association (ASA) opposed
Thomas’ bill as originally filed. The original text, S.
70, has now been altered and the new bill number is S.
417. Today’s action may kill the legislation for the
year.
S. 417 defines certified aftermarket crash parts
as:
“A replacement crash part that has been
certified by an American National Standards Institute
(ANSI) accredited standards developer and maintains a
consensus of quality standards for competitive crash
parts. A certified aftermarket crash part is identified
by a serial number unique to each part and contains a
removable tag with that serial number that can be used
to record and trace the use of that part.
Notwithstanding another provision of law, there may be
only one certification standard established for each
individual crash part.”
In addition, the bill requires the following:
An automotive repair facility shall provide a
customer with an itemized written estimate for all parts
and labor necessary for a specific job. The estimate
shall indicate whether a replacement crash part will be
OEM, aftermarket, certified, recycled, or
remanufactured.
The estimate must:
identify the manufacturer or distributor
of each crash part;
disclose whether the part has a
warranty; and
include the following notice in
at least 12-point type:
“Installing a part, other than a part
described on the written estimate, without prior
approval from the customer is unlawful. If you suspect
an illegal installation of parts by your auto repair
facility, call the State Department of Insurance,
Consumer Assistance Office at (800) 768-3467.”
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Finally, the bill states that:
An insurer may not mandate the use of
aftermarket crash parts in the repair of an insured’s
motor vehicle unless the insurer:
discloses in writing, in the issuance or
renewal of a comprehensive or collision insurance
policy, that the insurer may specify the use of
aftermarket, certified, recycled, or remanufactured
crash parts;
ensures that the specified
aftermarket crash parts are warranted by the
manufacturer or distributor to equal or exceed the car
company’s warranty for the corresponding crash part.
Certified aftermarket crash parts are presumed capable
of restoring a vehicle to its pre-loss condition;
pays the cost of any
modifications to parts that may become necessary to
effect the repair; and
identifies to the consumer, in a
written estimate prior to the repair: (a) the
aftermarket crash part to be used, and (b) the
aftermarket crash part is warranted by its manufacturer
or distributor rather than the original car company.”
ASA encourages independent repairers to
go to the ASA legislative website,
www.TakingTheHill.com, to review the
South Carolina legislation.
The Automotive Service Association is the
largest not-for-profit trade association of its kind
dedicated to and governed by independent automotive
service and repair professionals. ASA serves an
international membership base that includes numerous
affiliate, state and chapter groups from both the
mechanical and collision repair segments of the
automotive service industry. ASA’s headquarters is in
Bedford, Texas.
For additional information about ASA, including
past news releases, go to www.asashop.org, or visit ASA’s
legislative website at .
