HOUSE BILL 971098
BY REPRESENTATIVE Owen;
also SENATOR Tebedo.
CONCERNING MOTOR VEHICLE INFLATABLE RESTRAINT SYSTEMS,
AND, IN CONNECTION THEREWITH, ESTABLISHING REQUIREMENTS INTENDED
TO ENSURE THE SAFETY OF AUTOMOBILE AIR BAGS AND DETER THEFT OF
SUCH AIR BAGS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
6 of article 4 of title 10, Colorado Revised Statutes, 1994 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
104614. Inflatable restraint
systems replacement verification of claims.
(1) IF AN INSURED RECEIVES PAYMENT FOR A POLICY CLAIM
FOR AN INFLATABLE RESTRAINT SYSTEM THAT HAS INFLATED AND DEPLOYED
OR BEEN STOLEN, THE INSURED SHALL REPLACE SUCH INFLATABLE RESTRAINT
SYSTEM IN THE MOTOR VEHICLE. UPON RECEIVING SUCH A POLICY CLAIM,
THE INSURER IS AUTHORIZED TO INSPECT THE VEHICLE FOR WHICH THE
CLAIM IS BEING FILED TO VERIFY THAT THE INFLATABLE RESTRAINT SYSTEM
DID INFLATE AND DEPLOY OR WAS STOLEN.
(2) FOR THE PURPOSES OF THIS SECTION,
"INFLATABLE RESTRAINT SYSTEM" HAS THE SAME MEANING AS
IS SET FORTH IN 49 C.F.R. SEC. 507.208 S4.1.5.1 (b).
SECTION 2. 429102
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended, and the said 429102 is further amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
429102. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Customer"
means the owner, the agent of the owner, or a family member, employee,
or any other person whose use of the vehicle is authorized by
the owner. "AUTO PARTS RECYCLER"
MEANS ANY PERSON WHO PURCHASES MOTOR VEHICLES FOR THE PURPOSE
OF DISMANTLING AND SELLING THE COMPONENTS THEREOF AND WHO COMPLIES
WITH ALL FEDERAL, STATE, AND LOCAL REGULATIONS. "AUTO PARTS
RECYCLER" INCLUDES A VEHICLE DISMANTLER.
(1.2) "CUSTOMER" MEANS THE OWNER,
THE AGENT OF THE OWNER, OR A FAMILY MEMBER, EMPLOYEE, OR ANY OTHER
PERSON WHOSE USE OF THE VEHICLE IS AUTHORIZED BY THE OWNER.
(1.5) "INFLATABLE RESTRAINT SYSTEM"
HAS THE SAME MEANING AS IS SET FORTH IN 49 C.F.R. SEC. 507.208
S4.1.5.1 (b).
SECTION 3. 429104
(2) (a) (III), Colorado Revised Statutes, 1993 Repl. Vol., as
amended, is amended to read:
429104. When consent and
estimate required original transaction disassembly.
(2) (a) (III) The estimate provided to the
customer shall state conspicuously that, except for body shop
repair parts and except for
exchanged or warranty parts, which shall only be presented to
the customer for examination and not returned, AND EXCEPT FOR
INFLATABLE RESTRAINT SYSTEM COMPONENTS, the customer is entitled
to the return of the replaced parts if the customer so requests
at the time of consenting to or authorizing the repairs.
SECTION 4. 429109,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429109. Return of replaced
parts. Except for body shop repair parts,
INFLATABLE RESTRAINT SYSTEM COMPONENTS, and parts that the motor
vehicle repair garage is required to return to the manufacturer
or distributor under a warranty or exchange arrangement, the motor
vehicle repair garage shall return replaced parts to the customer
at the time of the completion of the repairs if the customer so
requests at the time of consenting to or authorizing the repairs.
A MOTOR VEHICLE REPAIR GARAGE IS NOT AUTHORIZED TO RETURN ANY
COMPONENTS OF AN INFLATABLE RESTRAINT SYSTEM TO THE CONSUMER.
SECTION 5. Article
9 of title 42, Colorado Revised Statutes, 1993 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
429109.5. Inflatable restraint
systems replacement. (1) (a) A
MOTOR VEHICLE REPAIR GARAGE MAY REPLACE AN INFLATABLE RESTRAINT
SYSTEM ONLY WITH AN INFLATABLE RESTRAINT SYSTEM THAT IS NEWLY
MANUFACTURED OR AN INFLATABLE RESTRAINT SYSTEM SALVAGED AND SOLD
BY A VEHICLE DISMANTLER OR AUTO PARTS RECYCLER.
(b) A MOTOR VEHICLE REPAIR GARAGE IS NOT
REQUIRED TO INSTALL A SALVAGED INFLATABLE RESTRAINT SYSTEM AND
MAY DO SO ONLY UPON OBTAINING SPECIFIC WRITTEN AUTHORIZATION FROM
THE CUSTOMER. A MOTOR VEHICLE REPAIR GARAGE INSTALLING A SALVAGED
INFLATABLE RESTRAINT SYSTEM SHALL INCLUDE THE PHRASE "SALVAGED
INFLATABLE RESTRAINT SYSTEM" PROMINENTLY ON THE FACE OF THE
INVOICE. A MOTOR VEHICLE REPAIR GARAGE MAY NOT USE OTHER TERMS,
INCLUDING BUT NOT LIMITED TO "USED" OR "AS IS",
TO DESCRIBE A SALVAGED INFLATABLE RESTRAINT SYSTEM ON AN INVOICE.
(2) (a) IF A VEHICLE DISMANTLER OR
AUTO PARTS RECYCLER SELLS A SALVAGED INFLATABLE RESTRAINT SYSTEM,
THE VEHICLE DISMANTLER OR AUTO PARTS RECYCLER SHALL STATE THE
FOLLOWING INFORMATION ON THE INVOICE:
(I) THE DATE OF SALE OF THE SALVAGED INFLATABLE
RESTRAINT SYSTEM;
(II) THE VEHICLE IDENTIFICATION NUMBER
OF THE VEHICLE FROM WHICH THE INFLATABLE RESTRAINT SYSTEM WAS
SALVAGED; AND
(III) THE PART NUMBER OF THE SALVAGED
INFLATABLE RESTRAINT SYSTEM, IF SUCH NUMBER IS AVAILABLE.
(b) A VEHICLE DISMANTLER OR AUTO PARTS
RECYCLER SHALL MAINTAIN THE BILL OF SALE FOR ANY SALE OF A SALVAGED
INFLATABLE RESTRAINT SYSTEM FOR AT LEAST THREE YEARS AFTER THE
DATE OF THE SALE.
SECTION 6. 4241606
(4) (a) (I), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
4241606. Duty to report
accidents. (4) (a) (I) It
is the duty of all law enforcement officers who receive notification
of traffic accidents within their respective jurisdictions or
who investigate such accidents either at the time of or at the
scene of the accident or thereafter by interviewing participants
or witnesses to submit reports of all such accidents to the department
on the form provided, including insurance information received
from any driver, within five days of the time they receive such
information or complete their investigation. THE LAW ENFORCEMENT
OFFICER SHALL INDICATE IN SUCH REPORT WHETHER THE INFLATABLE RESTRAINT
SYSTEM IN THE VEHICLE, IF ANY, INFLATED AND DEPLOYED IN THE ACCIDENT.
FOR THE PURPOSES OF THIS SECTION, "INFLATABLE RESTRAINT SYSTEM"
HAS THE SAME MEANING AS SET FORTH IN 49 C.F.R. SEC. 507.208 S4.1.5.1
(b).
SECTION 7. Effective date
applicability. (1) This act
shall take effect at 12:01 a.m. on the day following the expiration
of the ninety-day period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article v, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to insurance claims for accidents occurring on or after the applicable
effective date of this act and to motor vehicle repairs made on
or after the applicable effective date of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO