SB 440 - AS INTRODUCED
2000 SESSION
SENATE BILL 440
AN ACT relative to after market parts.
This bill:
I. Adds radiators and air conditioning condensers to the definition of after market part.
II. Defines like kind and quality.
III. Modifies the after market part disclosure.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2720
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to after market parts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Insurance; After Market Parts; Definitions; After Market Part; Radiators and Air Conditioning Dispensers Added. Amend RSA 407-D:1, III to read as follows:
III. "After market part" means sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels, and radiators and air conditioning condensers.
2 New Paragraph; Insurance; After Market Parts; Definitions; Like Kind and Quality. Amend RSA 407-D:1 by inserting after paragraph III the following new paragraph:
IV. "Like kind and quality" means:
(a) That the part or product was manufactured to the automobile manufacturer's specifications and was designed for installation on the particular make of automobile; or
(b) For a used part, that the part is the same age, year, make, model, mileage, condition, and appearance as the part, prior to loss, to be replaced.
3 Insurance; After Market Parts; Disclosure. Amend RSA 407-D:4 to read as follows:
407-D:4 Disclosure. The insurer shall disclose to the [claimant] insured in writing, either on the estimate or on a separate document attached to the estimate, the following information in no smaller print than 10 point type:
This estimate has been prepared based on the use of automobile parts not made by the original manufacturer. Parts used in the repair of your vehicle by other than the original manufacturer are required to be at least equal in like kind and quality to the parts they are replacing. The after market parts being specified for the repair of your vehicle are at least equal in kind and quality to the original equipment in terms of fit, quality, and performance [to the original manufacturer parts they are replacing].
All after market parts to be installed on the vehicle shall be clearly identified on the estimate of such repair.
4 Effective Date. This act shall take effect January 1, 2001.