Senator Curtis S. Bramble proposes the following substitute bill:


1     
MOTOR VEHICLE REPAIR AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to advanced driver assistance facilities and enacts
10     provisions related to motor vehicle glass repair.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to the repair and recalibration of an advanced driver
14     assistance feature;
15          ▸     establishes a violation of a provision related to an advanced driver assistance feature
16     as an infraction;
17          ▸     enacts provisions related to motor vehicle glass repair; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          41-6a-1645, as enacted by Laws of Utah 2020, Chapter 267
26     ENACTS:
27          41-6a-1646, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 41-6a-1645 is amended to read:
31          41-6a-1645. Advanced driver assistance facilities -- Repair, calibration, and
32     disclosure -- Penalties.
33          (1) As used in this section, "advanced driver assistance [system] feature" means an
34     electronic safety system that is:
35          (a) designed to support the driver and vehicle while operating on roads and highways
36     [that is];
37          (b) intended to increase vehicle safety and reduce losses associated with automobile
38     crashes[.]; and
39          (c) tied to the windshield of a vehicle.
40          (2) If [the] a vehicle is equipped with an advanced driver assistance [system] feature,
41     an automotive glass company or repair facility approving or conducting glass repair,
42     replacement, or recalibration on the vehicle shall:
43          (a) before approving or performing a vehicle glass repair or replacement, inform the
44     consumer in electronic or hardcopy writing if a recalibration of [that system] the advanced
45     driver assistance feature:
46          (i) is required [and if such recalibration]; or
47          (ii) will be performed; and
48          (b) if performing [such] a recalibration of an advanced driver assistance feature, meet
49     or exceed the manufacturer's specifications.
50          (3) (a) The automotive glass company or repair facility shall provide the consumer:
51          (i) an itemized description of the work to be done on the vehicle; and
52          (ii) if an insurer is paying all or part of the repair, the total amount the insurer has
53     agreed to pay for the work described in Subsection (3)(a)(i).
54          (b) An insurance company that [makes payment] pays for work described in Subsection
55     (3)(a) may not be required to pay more than a fair and competitive price for the local market
56     area.
57          (c) An automotive glass company or repair facility may not represent to a customer that
58     the cost of a repair, replacement, or recalibration will be paid for entirely by the customer's
59     insurer and at no cost to the customer unless the cost of the repair, replacement, or recalibration
60     is fully covered and approved by the insurer.
61          (d) If a recalibration was not performed or not completed successfully, the automotive
62     glass company or repair facility shall inform the consumer electronically or in writing that:
63          (i) the recalibration was not successful or was not performed; and [that]
64          (ii) the vehicle should be taken to a vehicle manufacturer's certified dealership, a
65     qualified automobile glass company, or repair facility capable of performing the recalibration
66     of an advanced driver assistance [system] feature that meets or exceeds the manufacturer's
67     specifications.
68          (4) An automotive glass company or repair facility conducting a scan or recalibration
69     for vehicle glass repair or replacement services on a vehicle equipped with an advanced driver
70     assistance [system] feature:
71          (a) is not limited to vehicle glass, tooling, or equipment dictated or recommended by
72     the manufacturer's procedures or specifications; and
73          (b) shall recalibrate the advanced driver assistance [system] feature to meet or exceed
74     the manufacturer's procedures or specifications.
75          (5) An automotive glass company or repair facility may only bill or charge for vehicle
76     glass repair, replacement, or recalibration services that are performed and necessary.
77          (6) (a) A person with actual knowledge that [the] an advanced driver assistance
78     [system] feature of a motor vehicle is inoperable or has not been repaired or recalibrated [after
79     a vehicle glass repair or replacement as described in this section] may not knowingly sell, offer
80     for sale, or display for sale, the motor vehicle without providing written notice to the purchaser
81     that:
82          [(a)] (i) the advanced driver assistance [system] feature has not been repaired or
83     recalibrated to the manufacturer's specifications; or
84          [(b)] (ii) the advanced driver assistance [system] feature is inoperable.
85          (b) This Subsection (6) does not apply to:
86          (i) a motor vehicle auction or consignor to a motor vehicle auction, if no disclosure is
87     required under Section 41-1a-1005.3; or
88          (ii) a vehicle for which the ownership document is:
89          (A) a certification of title in an insurance company's name;
90          (B) a salvage certificate, as defined in Section 41-1a-1001; or
91          (C) a nonrepairable certificate, as defined in Section 41-1a-1001.
92          [(7) A violation described in Subsections (1) through (6) is a civil penalty of $500.]
93          (7) A person who violates a provision of this section is:
94          (a) guilty of an infraction; and
95          (b) subject to a civil penalty of $500.
96          (8) (a) In addition to any other penalties, a purchaser may bring a civil action to recover
97     damages resulting from a seller's failure to provide notice under Subsection (6).
98          (b) The amount of damages that may be recovered in a civil action described in
99     Subsection (8)(a) is the greater of:
100          (i) the amount of the actual damages; or
101          (ii) $1,500.
102          Section 2. Section 41-6a-1646 is enacted to read:
103          41-6a-1646. Motor vehicle glass repair requirements -- Penalties.
104          (1) An automotive glass company or repair facility shall provide a consumer seeking
105     motor vehicle glass repair or replacement:
106          (a) an electronic or hardcopy written and itemized description of the work to be done
107     on the vehicle; and
108          (b) if an insurer is paying all or part of the repair, the total amount the insurer has
109     agreed to pay for the work described in Subsection (1)(a).
110          (2) An insurance company that pays for work described in Subsection (1)(a) may not
111     be required to pay more than a fair and competitive price for the local market area.
112          (3) An automotive glass company or repair facility:
113          (a) may not represent to a customer that the cost of a repair or replacement will be paid
114     for entirely by the customer's insurer and at no cost to the customer unless the cost of the repair
115     or replacement is fully covered and approved by the insurer;
116          (b) is not limited to vehicle glass, tooling, or equipment dictated or recommended by
117     the manufacturer's procedures or specifications; and
118          (c) may only bill or charge for vehicle glass repair, replacement, or recalibration
119     services that are performed and necessary.
120          (4) A person who violates a provision of this section is:
121          (a) guilty of an infraction; and
122          (b) subject to a civil penalty of $500.