MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Insurance

By: Senator(s) White (29th)

AN ACT TO AMEND SECTIONS 63-27-1, 63-27-3, 63-27-5 AND 63-27-7, MISSISSIPPI CODE OF 1972, TO REVISE THE LAWS REGULATING THE USE OF AFTERMARKET CRASH PARTS FOR AUTOMOTIVE REPAIR; TO REQUIRE MOTOR VEHICLE BODY SHOPS TO USE GENUINE CRASH PARTS FOR CERTAIN MOTOR VEHICLES UNLESS THE MOTOR VEHICLE OWNER CONSENTS IN WRITING; TO REQUIRE MOTOR VEHICLE BODY SHOPS TO PROVIDE CERTAIN NOTICES AND WRITTEN STATEMENTS TO THE VEHICLE OWNER; TO PROVIDE THAT A VIOLATION OF THE ACT IS AN UNFAIR OR DECEPTIVE ACT OR PRACTICE AND IS SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS OF THE STATE CONSUMER PROTECTION LAWS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-27-1, Mississippi Code of 1972, is amended as follows:

63-27-1. As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) "Aftermarket crash parts" means crash parts:

(i) Manufactured by a person other than the original manufacturer of the motor vehicle to be repaired; and

(ii) For which the original manufacturer of the motor vehicle has not authorized the use of its name or trademark by the manufacturer of the crash parts.

(b) "Crash parts" means exterior or interior parts made of sheet metal, plastic, fiberglass, or similar materials that form the superstructure or body of a motor vehicle, included, but not limited to, frames, frame rails, fenders, bumpers, bumper covers, cowls, glass, quarter panels, door panels, hatchbacks, trunk and deck lids, T-tops, sunroofs, moonroofs, astro roofs, cabs, cab clips, hoods, grills, fire walls, permanent roofs, floors, wheels, wheel covers, seats, seat tracks, seat belts, air bags, radiators, condensers, radiator supports, and front and rear lamps and lamps display panels.

(c) "Genuine crash parts" means crash parts:

(i) Manufactured by or for the original manufacturer of the motor vehicle to be repaired; and

(ii) That are authorized to carry the name or trademark of the original manufacturer of the motor vehicle.

(d) "Motor vehicle" shall be defined according to Section 63-3-103, Mississippi Code of 1972.

(e) "Motor vehicle body shop" means any person or business establishment that removes, replaces, reconditions or repairs crash parts.

SECTION 2. Section 63-27-3, Mississippi Code of 1972, is amended as follows:

63-27-3. For all motor vehicles requiring repair by motor vehicle body shops in the year of their manufacture or in the two (2) succeeding years thereafter, motor vehicle body shops shall use genuine crash parts sufficient to maintain the manufacturer's warranty for fit, finish, structural integrity, corrosion resistance, dent resistance and crash performance unless the motor vehicle owner consents in writing at the time of repair to the use of aftermarket or imitation crash parts. No insurance company may require the use of aftermarket crash parts when negotiating repairs of the motor vehicle with any repairer for a period of three (3) years, the year the motor vehicle was manufactured and the two (2) succeeding years thereafter, unless the motor vehicle owner consents in writing at the time of the repair to the use of aftermarket or imitation crash parts with the repair facility. The consent by the motor vehicle owner at the time of repair to the use of aftermarket or imitation crash parts shall be made on forms prescribed and furnished by the Office of the Attorney General.

SECTION 3. Section 63-27-5, Mississippi Code of 1972, is amended as follows:

63-27-5. (1) Effective after July 1, 1999, before beginning repair work on crash parts, a motor vehicle body shop shall:

(a) Provide a list to the vehicle owner of the replacement crash parts that the body shop intends to use in making repairs;

(b) Specify whether the replacement parts are genuine crash parts; and

(c) Identify the manufacturer of the parts if the replacement parts are aftermarket crash parts.

(2) If the replacement parts to be used by the body shop in the repair work are aftermarket crash parts, the body shop shall include with its estimate the following written statement: "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS THAT ARE NOT MANUFACTURED BY THE ORIGINAL MANUFACTURER OF THE VEHICLE OR BY A MANUFACTURER AUTHORIZED BY THE ORIGINAL MANUFACTURER TO USE ITS NAME OR TRADEMARK. THE USE OF AN AFTERMARKET CRASH PART MAY INVALIDATE ANY REMAINING WARRANTIES OF THE ORIGINAL MANUFACTURER ON THAT CRASH PART OR PARTS ASSOCIATED WITH THAT CRASH PART INCLUDING ENGINE COMPONENTS THAT FAIL DUE TO THE USE OF A CRASH PART INCLUDING, BUT NOT LIMITED TO, COOLING SYSTEM COMPONENTS."

(3) The notices and statements required under this section shall be made in writing in a clear and conspicuous manner on a separate piece of paper in not less than ten-point capital type.

SECTION 4. Section 63-27-7, Mississippi Code of 1972, is amended as follows:

63-27-7. Sections 63-27-1 through 63-27-7 shall not:

(a) Prohibit a person from filing an action for damages against a body shop; or

(b) Require a person first to exhaust any administrative remedy he may have.

SECTION 5. A violation of Sections 63-27-1 through 63-27-7 is an unfair or deceptive act or practice and is subject to the enforcement and penalty provisions contained under Section 75-24-1, et seq.

SECTION 6. This act shall take effect and be in force from and after July 1, 1999.