On March 11, the next to last day of the 2020 Utah Legislative Session, the Utah House amended and passed S 120 by a vote of 71-0 and sent it back to the Senate for concurrence. The Senate had passed the bill on March 2 by a vote of 21-0. The Senate now has until Thursday, March 12, the last day of session to act.
The House version includes two amendments which eliminate a provision that an insurer funded repair is solely dictated by the insurance policy and add language that repairers may only charge for services that are performed and necessary, cannot represent to the consumer that repair is at no cost unless fully covered and approved by insurer and prohibits that people with actual knowledge that ADAS is inoperable or requires calibration to sell the vehicle.
The underlying bill requires repairers of vehicles with ADAS to inform the customer regarding the calibration requirements for the advanced driver assistance system and whether the proper calibration will be performed; if the calibration will be performed, to meet or exceed the original manufacturer’s specifications; and if the calibration was not completed successfully, inform the customer that the vehicle should be taken to the manufacturer’s certified repair shop or other qualified repair shop for proper calibration and repair. Repairers also must inform the customer of the amount of the repair that will be covered by insurance.
The bill allows repairers not be limited to tooling or equipment dictated or recommended by the manufacturer’s procedures and specifications. Insurers may not be required to pay more than a fair and competitive price for the local market area.