California Parts Bill Harms Consumers, Repairers
More Parts Burdens Shift to Collision Repairers
Washington, D.C., Jan. 18, 2006 — California Assembly Bill 1852 has been introduced in California by Assembly members Ed Chavez, Bill Maze and Leland Yee. The legislation regulates the use of replacement crash parts creating a parts certification system in the state of California.
The Automotive Service Association (ASA) opposes A.B. 1852. The legislation repeals important consumer parts notice requirements in California and increases the paperwork burdens for collision repair facilities.
Specifically deleted is language protecting the consumer's right to know:
"No insurer shall require the use of nonoriginal equipment manufacturer crash parts in the repair of an insured's motor vehicle, unless the consumer is advised in a written estimate of the use of nonoriginal equipment manufacturer aftermarket crash parts before repairs are made. In all instances where nonoriginal equipment manufacturer aftermarket crash parts are intended for use by an insurer: The written estimate shall clearly identify each such part with the name of its nonoriginal equipment manufacturer or distributor."
Although the proposed legislation establishes a generic parts notification in the written estimate, the process as drafted could be more confusing to the consumer and less helpful.
As have other aftermarket crash parts bills introduced in recent years, the bill establishes a parts certification program. Licensed certifiers will determine "standards of like kind and quality."
Collision repair facilities will be required by the legislation to report, "on a daily basis," any automaker collision repair part or certified collision repair part "that does not function as intended and is exchanged or returned to the manufacturer or distributor." This report to the director of consumer affairs will, at a minimum, include the transaction date, the name of the manufacturer, the serial, certification, or unique identifying number for the part, the make, year and model of the vehicle and a description of the defect.
Bob Redding, ASA's Washington, D.C., representative, said, "ASA believes this bill will dilute established consumer protections in California and place additional bureaucratic burdens on collision repair facilities. In lieu of this initiative, the California parts notice statute should have remained intact and consumers given an additional right of consent as to the use of the replacement crash part. This bill does not provide choice for the consumer or enhance current consumer protections."
ASA encourages California collision repairers and consumers to contact their representatives in the California Assembly asking that they oppose A.B. 1852. Information relative to this bill, and others, can be found on ASA's legislative Web site, TakingTheHill.com.
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.
ASA advances professionalism and excellence in the automotive repair industry through education, representation and member services. For additional information about ASA, including past news releases, go to www.asashop.org, or visit ASA's legislative Web site at www.TakingTheHill.com.
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