The long-standing New Hampshire legislative debate regarding Automatic Driver Assistance Systems will continue in 2021 with the reintroduction of legislation by Rep. Kenneth Weyler on January 9 that passed the House last year. The bill, H 310:
- Establishes a rebuttable presumption that manufacturer recommendations for scans and calibrations are necessary for vehicle safety and for restoration of a vehicle to pre-loss condition and makes it an unfair insurance practice to knowing fail to pay a claim when the repair was made in conformance with manufacturer’s recommendations of specifications;
- Requires auto glass companies to inform consumers if a calibration is necessary, will be performed, if it was performed successfully and, if not, that the vehicle needs to be taken to a qualified auto glass service provider for the calibration; and
- Requires the auto glass company to meet or exceed manufacturer’s recommendations for scans and calibrations but does not limit them to tooling or equipment dictated or recommended by the manufacturer.
Similar legislation passed the House last year but was never fully considered by the Senate due to the COVID related truncated legislative session. A different bill on the same topic passed the Legislature in 2019 but was vetoed by Governor Sununu. The latter two provisions described above are very similar to provisions enacted into law in Utah last year.
The full text of New Hampshire HB 310 is available HERE.