Issues

Issues

Michigan Governor Refuses to Sign Aftermarket Parts Bill

Yesterday, June 16th, Governor Rick Snyder vetoed House Bill 4344, which, among other provisions, would require all replacement parts to meet a verifiable OEM quality standard.

To see the Governor’s letter accompanying the veto, please click here.

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House Passes H.R. 4775, the Ozone Standards Implementation Act of 2016

 

The legislation allows states to pursue cost-effective and practical implementation of EPA’s ozone standards.   Under the Clean Air Act’s NAAQS program, the EPA sets standards for criteria pollutants, including ground-level ozone. EPA initially established ozone standards in 1971, and subsequently revised them in 1979, 1997, and 2008. Unfortunately, EPA did not publish implementing regulations for the 2008 standards until March 2015, and states are just beginning to implement those standards. Because EPA then revised these standards in October 2015, states now face the prospect of simultaneously implementing two ozone standards.

Further, states are increasingly confronting other challenges under the statutory construct of the NAAQS implementation program. These challenges range from the agency’s failure to issue timely implementation regulations and guidance when standards are revised, to specific issues relating to foreign emissions or exceptional events, provisions in the statute that have been interpreted to require states to pursue measures that may not be technologically or economically feasible, and the current statutory requirement that EPA review all NAAQS no later than every 5 years.

For more information, click here.

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Michigan Legislature Considers Autonomous Vehicles Liability Bill

On May 25th, 2016, Michigan Senator Kenneth Horn (R-32) introduced Senate Bill 998 which, if implemented, would exempt mechanics and repair shops from liability when fixing automated vehicles. The bill is currently before the Senate Committee on Economic Development and International Investment for further consideration.

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New York Bill Would Mandate Insurance Discount on Vehicles with Collision Avoidance Systems

On May 13th, 2016, New York Assembly Member William Colton (D-47) introduced A 10157, a bill to incentivize the used of collision avoidance systems through a discount on insurance. Specifically, any schedule or rating plan for non-commercial private passenger automobile insurance will be required to provide for 10% reduction in premium charges for comprehensive coverage, personal injury protection and medical payment coverage with respect to any insured vehicle equipped with a collision avoidance system. To read the full text of the bill, click here.

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OSHA Finalizes Recording and Reporting Occupational Injuries and Illnesses Rule

OSHA is issuing a final rule to revise its Recording and Reporting Occupational Injuries and Illnesses regulation. The final rule requires employers in certain industries to electronically submit to OSHA injury and illness data that employers are already required to keep under existing OSHA regulations. The frequency and content of these establishment specific submissions is set out in the final rule and is dependent on the size and industry of the employer. See the full text of the rule here.

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Florida Repairers Call for Automotive Safety Inspections

Currently in Florida, law enforcement is permitted to stop and cite drivers for bald tires, worn brakes or similar equipment issues. But there’s no formal way to get these vehicles off the road and get them fixed up because Florida doesn’t have annual vehicle inspections. Read more here.

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NHTSA Expands and Accelerates Takata Air Bag Inflator Recall

WASHINGTON – The United States Department of Transportation’s National Highway Traffic Safety Administration is expanding and accelerating the recall of Takata air bag inflators. The decision follows the agency’s confirmation of the root cause behind the inflators’ propensity to rupture. Ruptures of the Takata inflators have been tied to ten deaths and more than 100 injuries in the United States.

Under the Amended Consent Order issued to Takata this week, the company is required to make a series of safety defect decisions that will support vehicle manufacturer recall campaigns of an additional estimated 35-40 million inflators, adding to the already 28.8 million inflators previously recalled. These expansions are planned to take place in phases between May 2016 and December 2019. The expansions mean that all Takata ammonium nitrate-based propellant driver and passenger frontal air bag inflators without a chemical drying agent, also known as a desiccant, will be recalled.

“Today’s action is a significant step in the U.S. Department of Transportation’s aggressive oversight of Takata on behalf of drivers and passengers across America,” said Transportation Secretary Anthony Foxx. “The acceleration of this recall is based on scientific evidence and will protect all Americans from air bag inflators that may become unsafe.”

For more information, please click here.

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Pennsylvania Governor Approves Photo Appraisal Bill

On April 14, 2016, Pennsylvania’s Governor signed House Bill 1638 into law. This bill will allow an appraiser to prepare a repair estimate based on photographs, videos or telephonic means as well as in-person inspections. To see the full text of the final bill, please click here. To see ASA’s original letter of support, please click here.

 

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New Hampshire Parts Legislation Passes Senate, Awaits House Hearing

New Hampshire Senate Bill (SB) 436, introduced by State Senator Nancy Stiles (R-24)  requires an insurer to disclose whether or not an estimate has been prepared based on the use of aftermarket parts. The bill would also prohibit an insurer from requiring or specifying the use of aftermarket parts on certain leased vehicles, vehicles less than 2 years old, or vehicles with fewer than 30,000 miles.

The bill passed the Senate on March 3rd and is scheduled for a public hearing on March 29th.

In a letter to New Hampshire legislature, ASA stated, “We are writing today in support of Senate Bill 436.  This legislation is good for consumers, good for shops and consistent with trends in other jurisdictions.” To view the full text of the letter, please click here.

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NHTSA Announces Automakers’ Commitment to Standardize Automatic Emergency Braking

The U.S. Department of Transportation’s National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety announced today a historic commitment by 20 automakers representing more than 99 percent of the U.S. auto market to make automatic emergency braking a standard feature on virtually all new cars no later than NHTSA’s 2022 reporting year, which begins Sept 1, 2022. For more information, click here.

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