The Auto Care Association is urging its members to take action against H.B. 4344 because it is “extremely concerned with the bill author’s intent to restrict the vehicle repair community’s access to the broad range of non-OEM parts.”
The 62-page bill that updates the 1974 Michigan Motor Vehicle Service and Repair Act passed the Michigan legislature and now heads to Governor Rick Snyder for his signature.
While the bill language makes reference to restricting use of “major component parts,” the new restrictions only apply to sheet metal and body parts.
Additional details from the legislation include:
- The period covered by the regulation is the term of the vehicle manufacturer’s original warranty, or during the first five years of the vehicle manufacturer’s original warranty; whichever is less.
- The motor vehicle repair facility shall replace the major component part [certain sheet metal and/or body parts] with one of the following:
(a) a new original equipment manufacturer part.
(b) a used or recycled original equipment manufacturer part.
(c) a part that meets any applicable federal motor vehicle safety standards established under 49 CFR 571, and meets the standards for parts recognized as OEM-comparable quality as verified by the Certified Automotive Parts Association, NSF international, or another nationally-recognized automotive parts testing agency.
- The facility must be directed by the owner of the motor vehicle, in writing, for permission to install a part that does not meet subdivision (a), (b), or (c), [above].
“Based on this language, it would not be difficult for vehicle manufacturers to lobby to extend these requirements to many other aftermarket parts, as we have seen attempted in other states,” the Auto Care Association said. “Such action would provide a clear competitive advantage for OEM parts over those sourced from the independent aftermarket.”