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2020 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 16 - Vehicle Equipment
Section 1645 - Advanced driver assistance systems -- Repair, calibration, and disclosure.
Universal Citation: UT Code § 41-6a-1645 (2020)
Effective 5/12/2020
41-6a-1645. Advanced driver assistance systems -- Repair, calibration, and disclosure.
Enacted by Chapter 267, 2020 General Session
41-6a-1645. Advanced driver assistance systems -- Repair, calibration, and disclosure.
- (1) As used in this section, "advanced driver assistance system" means an electronic safety system designed to support the driver and vehicle while operating on roads and highways that is intended to increase vehicle safety and reduce losses associated with automobile crashes.
- (2) If the vehicle is equipped with an advanced driver assistance system, an automotive glass company or repair facility approving or conducting glass repair, replacement, or recalibration shall:
- (a) before approving or performing a vehicle glass repair or replacement, inform the consumer if a recalibration of that system is required and if such recalibration will be performed; and
- (b) if performing such recalibration, meet or exceed the manufacturer's specifications.
- (3)
- (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 makes payment 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 the recalibration was not successful or was not performed and that 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 system that meets or exceeds the manufacturer's specifications.
- (a) The automotive glass company or repair facility shall provide the consumer:
- (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 system:
- (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 system 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.
- (6) A person with actual knowledge that the advanced driver assistance system of a motor vehicle is inoperable or has not been repaired or recalibrated after a vehicle glass repair or replacement as described in this section may not knowingly sell, offer for sale, or display for sale, the motor vehicle without providing written notice to the purchaser that:
- (a) the advanced driver assistance system has not been repaired or recalibrated to the manufacturer's specifications; or
- (b) the advanced driver assistance system is inoperable.
- (7) A violation described in Subsections (1) through (6) is a civil penalty of $500.
- (8)
- (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.
Enacted by Chapter 267, 2020 General Session
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