41-6a-1645. Advanced driver assistance facilities -- Repair, calibration, and disclosure -- Penalties.

700 words·~3 min read·/ut/title-41/chapter-6a/41-6a-1645

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(1)As used in this section, "advanced driver assistance feature" means an electronic safety system that is:

(a)designed to support the driver and vehicle while operating on roads and highways;

(b)intended to increase vehicle safety and reduce losses associated with automobile crashes; and

(c)tied to the windshield of a vehicle.

(2)If a vehicle is equipped with an advanced driver assistance feature, an automotive glass company or repair facility approving or conducting glass repair, replacement, or recalibration on the vehicle shall:

(a)before approving or performing a vehicle glass repair or replacement, inform the consumer in electronic or hardcopy writing if a recalibration of the advanced driver assistance feature:

(i)is required; or

(ii)will be performed; and

(b)if performing a recalibration of an advanced driver assistance feature, meet or exceed the manufacturer's specifications.

(a)The automotive glass company or repair facility shall provide the consumer:

(i)an itemized description of the work to be done on the vehicle; and

(ii)if an insurer is paying all or part of the repair, the total amount the insurer has agreed to pay for the work described in Subsection (3)(a)(i) .

(b)An insurance company that pays for work described in Subsection (3)(a) may not be required to pay more than a fair and competitive price for the local market area.

(c)An automotive glass company or repair facility may not represent to a customer that the cost of a repair, replacement, or recalibration will be paid for entirely by the customer's insurer and at no cost to the customer unless the cost of the repair, replacement, or recalibration is fully covered and approved by the insurer.

(d)If a recalibration was not performed or not completed successfully, the automotive glass company or repair facility shall inform the consumer electronically or in writing that:

(i)the recalibration was not successful or was not performed; and

(ii)the vehicle should be taken to a vehicle manufacturer's certified dealership, a qualified automobile glass company, or repair facility capable of performing the recalibration of an advanced driver assistance feature that meets or exceeds the manufacturer's specifications.

(4)An automotive glass company or repair facility conducting a scan or recalibration for vehicle glass repair or replacement services on a vehicle equipped with an advanced driver assistance feature:

(a)is not limited to vehicle glass, tooling, or equipment dictated or recommended by the manufacturer's procedures or specifications; and

(b)shall recalibrate the advanced driver assistance feature to meet or exceed the manufacturer's procedures or specifications.

(5)An automotive glass company or repair facility may only bill or charge for vehicle glass repair, replacement, or recalibration services that are performed and necessary.

(a)A person with actual knowledge that an advanced driver assistance feature of a motor vehicle is inoperable or has not been repaired or recalibrated may not knowingly sell, offer for sale, or display for sale, the motor vehicle without providing written notice to the purchaser that:

(i)the advanced driver assistance feature has not been repaired or recalibrated to the manufacturer's specifications; or

(ii)the advanced driver assistance feature is inoperable.

(b)This Subsection

(6)does not apply to:

(i)a motor vehicle auction or consignor to a motor vehicle auction, if no disclosure is required under Section 41-1a-1005.3 ; or

(ii)a vehicle for which the ownership document is:

(A)a certification of title in an insurance company's name;

(B)a salvage certificate, as defined in Section 41-1a-1001 ; or

(C)a nonrepairable certificate, as defined in Section 41-1a-1001 .

(7)A person who violates a provision of this section is:

(a)guilty of an infraction; and

(b)subject to a civil penalty of $500.

(a)In addition to any other penalties, a purchaser may bring a civil action to recover damages resulting from a seller's failure to provide notice under Subsection

(6).

(b)The amount of damages that may be recovered in a civil action described in Subsection (8)(a) is the greater of:

(i)the amount of the actual damages; or

(ii)$1,500.

Amended by Chapter 220 , 2021 General Session