The Automotive Service Association (ASA) met recently with top officials of the National Highway Traffic Safety Administration (NHTSA) to discuss issues related to replacement crash parts. During the meeting, NHTSA agreed to review ASA's concerns regarding replacement crash parts. Specifically, NHTSA asked Dr. George Chang, chief of its Trend and Analysis Division, to meet with ASA officials.

ASA has been involved in efforts across the country to improve the position of consumers who have been involved in an accident and are repairing their vehicle. Consumers, many times, are not aware of the parts options available to be used in a collision repair.

ASA hosted a series of meetings in 1997 to develop a consensus on a replacement crash parts policy. Original equipment manufacturers (OEMs), new car dealers, distributors and aftermarket manufacturers met in two separate summits and agreed that consumers should have full disclosure as to what types of parts are being used in a collision repair. Consumers should also have the right to consent, in writing, to their use. Subsequent to this agreement, the participants developed a draft disclosure and consent form.

Approximately six states have substantive disclosure and consent requirements. Thirty-three states require disclosure only for consumers having their vehicles repaired after a collision. Eleven states do not require either notice or consent for a consumer repairing his or her vehicle. ASA has been involved with other organizations in trying to obtain a more equitable position for consumers.

During the summits of 1997, several key issues were brought to light. Participants expressed concern for both the safety and quality of parts used to repair vehicles involved in collisions. For years, repairers have complained about the quality of some aftermarket parts. This has been an inconvenient, labor-consuming and costly item for repairers in ensuring that a customer's vehicle is repaired to its original state.

As more states have seen legislation introduced addressing the replacement crash parts issue, the question of safety frequently arises. Approximately 20 states saw crash parts bills introduced in 1998 - more than in years past. ASA is working to ensure policymakers have as many facts as possible as they make key decisions in the crash parts area. Part of this process is to have the top federal safety regulatory body in the country review the issue. NHTSA is very familiar with automotive parts as it serves as the principal safety regulator of the automotive manufacturing sector.

One of the more interesting items is that several of the replacement crash parts discussed are on the NHTSA safety checklist for new vehicles.

These original parts - whether manufactured in the United States or imported - are inspected on new vehicles either by NHTSA or the U.S. Customs Service. Unfortunately, aftermarket parts do not seem to go through the same scrutiny.

Even the inspection process for those aftermarket parts that are subject to federal inspection - headlights for example - is far from perfect. Much of the process is through self-inspection. Many of the "DOT" stickers seen on parts carry very little significance since the U.S. Department of Transportation may or may not have reviewed the parts. Again, the number of aftermarket parts that carry even a self-policing policy are few.

Dr. Chang visited a Northern Virginia repair facility and saw a variety of hoods, headlights and bumper reinforcements. What is sorely lacking in the industry is any significant amount of safety data on certain aftermarket crash parts. OEM information distributed at industry events makes references to safety issues but leaves repairers and consumers wondering what actual data is available.

Although the quality difference is quite evident in some cases, expert information on safety is insufficient. Asking our state and federal regulators to initiate or increase their scrutiny of these parts is in the best interest of consumers.

ASA will continue to collect information and facilitate review of the replacement crash parts issues. This includes providing sufficient education for policymakers as they attempt to address the problem.

As regulators study the safety issue, ASA has started to analyze consumers' rights relative to warranty commitments made by crash parts manufacturers and distributors. Highlighted during the NHTSA meeting were some aftermarket hoods that clearly were deficient in quality after just a few short months of use. Hopefully other federal regulators of jurisdiction will note the importance of a consumer's right to be protected in the maintenance of his or her second-most-expensive lifetime purchase.

In the coming months, ASA will work with crash parts reform coalition members to develop a strategy for the next state legislative season. With 20 states already interested in reforming their laws and some states addressing this issue directly through their regulatory bodies of jurisdiction, it is clear that repairers are making progress in re-shaping the consumer's rights for well-informed decision-making.

ASA is committed to a competitive replacement crash parts market. This cannot, however, come at the expense of consumer safety or repair quality. ASA believes that full disclosure to the consumer of how the vehicle is being repaired is central to this competitive marketplace. Coupling this with a consumer's right to accept or reject an insurer-recommended repair process will create a quality competitive marketplace that only serves to benefit the consumer.

The process cannot be enhanced by standards that are developed by those with a vested interest. Like other industries, this scrutiny must be conducted by entities with no economic position. ASA has insisted that state or federal policymakers have to be involved in this process. Hopefully, in the next few years, this will lead to a safer, competitive replacement crash parts market.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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