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Legislation on Aftermarket Parts Take Different Directions in New York and West Virginia

In a sign of how divisive the battle between OEM and aftermarket parts remains, legislation has been introduced in two states that take diametrically opposing stances on aftermarket parts.

In New York, Assembly Bill 6617 would require collision repair facilities in the state to obtain a signed customer authorization form before using any non-OEM parts on a vehicle being repaired. In addition, insurers would be prohibited from specifying the use of aftermarket parts during the model year of the vehicle and the two subsequent years, or during the length of the vehicle’s manufacturer warranty, whichever is longer.

On the other side of the argument, a bill has been introduced in West Virginia’s Senate that would eliminate a current state law that requires written consumer consent for the use of aftermarket parts to repair a vehicle that is still under a manufacturer’s warranty. The current law requires collision repair shops to use OEM parts for a period of three years. If enacted, this bill would put aftermarket parts on an equal footing with OEM parts.

It will be interesting to follow these two bills to see which, if any, will emerge as law.

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