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31
YEARS
VOL. 31 ISSUE 4 APRIL 2013
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Nevada Legislature Proposes New Regulations for Vehicle Storage Fees The Nevada Legislature proposes to revise the charges for storage of motor vehicles that are imposed by body shops. It referred SB170 to its Committee on Transportation on Feb. 19 and the law is scheduled to take effect July 1, 2013. Existing law provides that a body shop may charge for storage of a motor vehicle if the owner or insurer of the motor vehicle elects to take possession of the motor vehicle instead of authorizing certain repairs and fails to take possession within 24 hours after that election. Section 2 of this bill authorizes a
body shop, under certain circumstances, to impose a charge for storage of a motor vehicle that is in the possession of the body shop: (1) before the body shop receives authorization to repair the vehicle; and (2) not less than 24 hours after the person authorizing the repairs has been notified that the repairs are complete. Section 2 also provides that any such charge for storage of a motor vehicle must not exceed an amount that is one and one-half times the average prevailing rate for storage charged by body shops in the same geographic See Nevada Storage Fees, Page 4
Maryland Legislation Would Block InsurerMandated Parts Procurement, WMABA: Yes Maryland Delegate Mark N. Fisher (R-27B) has introduced House Bill 1375 regarding replacement parts for damaged vehicles. The bill would prevent insurers from requiring a “specific vendor or process for parts procurement”—in effect it would block requirements like State Farm’s PartsTrader initiative in the state. This legislation is one of the first attempts to address recent insurer initiatives relative to parts procurement. The bill language prohibits an adjuster, appraiser, insurance producer or employee of an insurer from requiring a motor vehicle repair facility to use a specific vendor or process
PAINT AND REFINISH TECHNOLOGIES First of 2 Issues
Vermont Bill Regulates Use of Aftermarket Parts is at least equal in like kind and quality to the original part in terms of fit, quality and performance. An insurer that requires the use of aftermarket parts shall consider and be liable for the cost of any modifications that may become necessary when making a repair. ● All aftermarket parts manufactured after Jan. 1, 2014, shall carry sufficient permanent identification so as to See Vermont Bill, Page 23
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Vermont State Rep. Bill Botzow (D1) introduced House Bill 362, a bill that regulates the use of aftermarket parts in automobile repairs covered by insurance. The bill has been referred to Vermont’s House Committee on Commerce and Economic Development. The language of the bill includes the following provisions: ● No insurer shall require the use of aftermarket parts in the repair of an automobile unless the aftermarket part
for parts procurement or other necessary material for vehicle repair. The legislation requires an insurer to authorize repairs to be made using genuine crash parts, prohibiting an insurer from requiring repairs to be made using aftermarket crash parts during the five years after the vehicle is manufactured. The insured may consent to the use of aftermarket crash parts in writing at the time of repair. The Automotive Service Association (ASA) and its Collision Division Operations Committee have conducted educational meetings around the country, met with insurer repreSee Maryland Legislation, Page 44
• Custom Painter Stories, p. 20, 23, 42, 50, 54, 58 • Companies Talk Tech p. 13, 22, 29 • Tips and Tricks p. 46, 47 • Training and News, p. 18, 28, 37
Orange County CAA Presents Got a Good Lawyer? for Body Shop Managers, Owners
The Orange County California Autobody Association Chapter held its first meeting of the new year on Tuesday, March 19, at the Tustin Ranch Golf Club, 12442 Tustin Ranch Road in Tustin, CA. The presentation titled Got a Good Lawyer? was designed for shop managers and owners only as the meeting discussed the risks shops face being sued by employees, OSHA or the labor department. Body shop managers and owners received free legal advise and answers to labor law questions, as well as learning about changes for 2013. Featured speaker was Cory J. King, partner of the San Diego office of Fine, Boggs & Perkins, LLP. His employment law practice focuses on both the “prevention side” of employment claims, as well as litigating all types of employment matters. The speaker provided legal insight into the following areas of auto body shop practices, including: 1. Wage and hours laws and updates 2. Employee rights on overtime and meal time hours 3. Preparing auto repair shops for the
employee free choice act 4. Sexual harassment 5. Slip and fall employee handbook King represents employers in a wide range of industries, including financial institutions, high-tech companies, manufacturing companies, and construction companies, but has developed a special expertise in representing automobile dealerships, collision repair centers, and motorcycle dealerships. King’s experience in the industry as a salesperson and sales manager provides a unique and valuable dimension when representing automobile dealers. King also serves as labor and employment counsel for the California Autobody Association (CAA) and the California Motorcycle Dealers Association (CMDA). He also is active in the national Collision Industry Conference (CIC) and is currently serving his second term as the Chair of its Human Resource Committee. For more information about CAA contact Cindy Shillito, CAA Southern Representative at: 714-944-4028 or at radiatorgirl@socal.rr.com.
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