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AB-444 Vehicles: material damage: definition.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 444

Introduced  by  Assembly Member Carter

February 15, 2011

An act to amend Section 9990 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 444, as introduced, Carter. Vehicles: material damage: definition.
Existing law, for purposes of defining material damage sustained by a motor vehicle in order to comply with damage disclosure requirements set forth in the Vehicle Code, specifies that the damage is material under specified circumstances relating to the cost of repairs and whether the damage was to the frame or drive train of the motor vehicle, occurred in connection with a theft of the entire vehicle, or was to the suspension of the vehicle requiring repairs other than wheel balancing or alignment.
This bill would make a technical, nonsubtantive change in those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9990 of the Vehicle Code is amended to read:

9990.
 For purposes of this chapter, damage sustained by a motor vehicle is material under any of the following circumstances:
(a) The damage required repairs having a value, including parts and labor calculated at the repairer’s cost, exceeding 3 percent of the manufacturer’s suggested retail price of the vehicle or five hundred dollars ($500), whichever is greater. The replacement of damaged or stolen components, excluding the cost of repainting or refinishing those components, if replaced by the installation of new original manufacturer’s equipment, parts, or accessories that are bolted or otherwise attached as a unit to the vehicle, including, but not limited to, the hood, bumpers, fenders, mechanical parts, instrument panels, moldings, glass, tires, wheels, and electronic instruments, shall be excluded from the damage calculation, except that any damage having a cumulative repair or replacement value which that exceeds 10 percent of the manufacturer’s suggested retail price of the vehicle shall be deemed material.
(b) The damage was to the frame or drive train of the motor vehicle.
(c) The damage occurred in connection with a theft of the entire vehicle.
(d) The damage was to the suspension of the vehicle requiring repairs other than wheel balancing or alignment.