41-6a-1645. Advanced driver assistance facilities -- Repair, calibration, and disclosure -- Penalties.
(1) As used in this section, "advanced driver assistance feature" means an electronic safety system that is: designed to support the driver and vehicle while operating on roads and highways; intended to increase vehicle safety and reduce losses associated with automobile crashes; and tied to the windshield of a vehicle.
(2) If a vehicle is equipped with an advanced driver assistance feature, an automotive glass company or repair facility approving or conducting glass repair, replacement, or recalibration on the vehicle shall: before approving or performing a vehicle glass repair or replacement, inform the consumer in electronic or hardcopy writing if a recalibration of the advanced driver assistance feature: is required; or will be performed; and if performing a recalibration of an advanced driver assistance feature, meet or exceed the manufacturer's specifications.
(3) The automotive glass company or repair facility shall provide the consumer: an itemized description of the work to be done on the vehicle; and 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) An insurance company that pays for work described in Subsectionmay not be required to pay more than a fair and competitive price for the local market area. (3)(a) 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. 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 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 feature that meets or exceeds the manufacturer's specifications.
(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 feature: is not limited to vehicle glass, tooling, or equipment dictated or recommended by the manufacturer's procedures or specifications; and shall recalibrate the advanced driver assistance feature 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 an advanced driver assistance feature of a motor vehicle is inoperable or has not been repaired or recalibrated may not knowingly sell, offer for sale, or display for sale, the motor vehicle without providing written notice to the purchaser that: the advanced driver assistance feature has not been repaired or recalibrated to the manufacturer's specifications; or the advanced driver assistance feature is inoperable. This Subsectiondoes not apply to: (6) a motor vehicle auction or consignor to a motor vehicle auction, if no disclosure is required under Section; or 41-1a-1005.3 a vehicle for which the ownership document is: a certification of title in an insurance company's name; a salvage certificate, as defined in Section; or 41-1a-1001 a nonrepairable certificate, as defined in Section. 41-1a-1001
(7) A person who violates a provision of this section is: guilty of an infraction; and subject to a civil penalty of $500.
(8) 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) The amount of damages that may be recovered in a civil action described in Subsectionis the greater of: (8)(a) the amount of the actual damages; or $1,500.