Active Legislative Session Ahead
The Auto Glass Safety Council (AGSC) anticipates that state legislatures across the country will actively develop and debate auto glass legislation in 2023. Each year, AGSC reviews legislative proposals that may affect the business operations of auto glass services companies. The nonprofit’s public affairs department alerts its members on the proposals that would have the most profound effect on the industry and works with legislators, their staffs and other groups to craft optimum auto glass legislation for safety purposes. Trends tend to develop in legislation as legislators learn about proposals in other states and share information through regional and national associations.
Auto Glass Replacement Safety
AGSC has been active in recent years in promoting auto glass replacement safety legislation that replicates the Automotive Glass Replacement Safety Standard (AGRSS Standard) into state law. Maryland enacted such legislation in 2021 and promulgated regulations that mirrored the AGRSS Standard in 2022.
AGSC anticipates similar legislation to be very active in Massachusetts in 2023. Massachusetts Rep. Josh Cutler has reintroduced his 2022 bill for the 2023-2024 Massachusetts House of Representatives legislative session. The bill directs the Registrar of Motor Vehicles to establish standards for aftermarket auto glass replacement that would “meet or exceed the standards or requirements of the Auto Glass Replacement Safety Standard, developed by the Auto Glass Safety Council …” The bill defines aftermarket state glass replacement as “motor vehicle safety glass replacement services that occur after the original installation by a vehicle manufacturer.” AGSC anticipates that companion legislation will be introduced in the Massachusetts Senate early in 2023.
In recent years, state legislatures have become concerned about properly calibrating windshield-located cameras in ADAS-equipped vehicles in connection with windshield replacements and repairs. Utah and Arizona enacted laws addressing this issue, and other states have considered legislation. The bills usually require auto glass companies to inform customers about calibration and provide an itemized description of the work to be done. Then, companies must either calibrate the vehicle to meet or exceed the manufacturer’s specifications or inform the customer that the vehicle was not calibrated and needs to be taken to a service provider capable of performing the service.
New Hampshire Rep. Tim McGough introduced just this type of bill, HB 304, in the New Hampshire House at the start of the legislative session in January 2023 after working with AGSC on legislative language the previous month. Rep. McGough’s bill defines “recalibrate” or “recalibration” as “means to instruct a vehicle’s advanced drive assistance system, including internal computers, to readjust targeted cameras, sensors, and other technology to function properly in accordance with the vehicle manufacturer’s specifications.”
AGSC anticipates similar proposals will be introduced in other states in 2023 as more vehicles on the road are equipped with ADAS features.
Additional proposals are likely in various states, and could address service contract bills that add windshield chip and crack repair to the legal insurance code definition of a “service contract,” ensuring consumers buying contracts will have their windshields fixed. In addition, assignment of benefits legislation seeks to curb nefarious marketing practices, especially in states with no-cost windshield replacement laws. AGSC is also following legislation introduced in South Carolina that would prohibit insurers from basing rates on the number of windshield claims that the insured has filed.
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