2019 -- H 6054

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LC002485

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MOTOR VEHICLE REPAIR SHOP

ACT

     

     Introduced By: Representatives Azzinaro, Kennedy, Shekarchi, Edwards, and
Blazejewski

     Date Introduced: May 02, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-38.3-3 of the General Laws in Chapter 5-38.3 entitled "Motor

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Vehicle Repair Shop Act" is hereby amended to read as follows:

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     5-38.3-3. Obligations of motor vehicle repair shop.

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     The repair shop shall:

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     (1)(i) Upon request of any customer make an estimate, in writing, of the parts and labor

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necessary for each specific repair or service offered and not charge for work done or parts

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supplied in excess of the estimate without the consent of the customer. The repair shop may

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charge a reasonable fee for making an estimate. The repair shop may elect to apply the estimate

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fee to services actually performed. The estimate shall contain the following information: the

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customer's name, the name of the repair shop, the date of the estimate, a list of parts necessary for

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each specific repair together with the costs for each part, indicating any parts which are not new

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parts of at least original equipment quality, the labor charge for each repair together with the costs

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of each labor charge, year and make of vehicle, registration plate number or vehicle identification

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number, a description of the problem reported by the customer, and a statement informing the

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customer of his or her right to receive replaced parts if the customer makes a written request for

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such return. All information on an estimate must be legible;

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     (ii) Written estimates must indicate the hourly labor charge and how it is computed, i.e.,

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by clock hours or flat rate. If a flat rate, the manual used must be specified. A repair shop may

 

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utilize a job rate which covers both labor and parts on mechanical and electrical repairs costing

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less than two hundred dollars ($200). When a job rate is used, a list of parts must be included in

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the estimate and invoice;

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     (iii) If a flat rate is used, the consumer shall be shown relevant time rates as listed in the

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manual, on request;

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     (iv) A customer may not be charged for storage or automotive repair unless notice, in

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writing, is given. Notice may be given by a statement on an estimate or other document given the

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customer, by letter or by other written means which gives the customer actual notice. Storage

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may not be charged during the period from which the customer has authorized repairs to one

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business day after the repair shop has notified the customer to pick up the repaired vehicle;

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     (v) Upon reasonable notice, a customer may remove a vehicle from a repair shop during

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the shop's business hours upon paying for: (A) labor actually performed; (B) parts actually

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installed; (C) parts ordered specifically for the customer's car if the order is not cancelable or the

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parts not returnable for cash or credit; and (D) storage charges imposed in accordance with

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paragraph (iv) of this subdivision;

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     (vi) If a motor vehicle repair shop has properly charged its customers a storage fee and

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over thirty (30) days of storage have elapsed, then the repair shop shall be authorized to sell the

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stored vehicle at a commercially reasonable sale. The proceeds generated by the sale shall be first

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used to pay any liens, then the accruing unpaid storage charges, with the balance, if any, to be

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distributed to the car owner.

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     (2) Not perform any services not authorized by the customer by a work order. If a repair

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shop prepares a written work order, a copy shall be given to the customer. If a written work order

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is prepared by the customer, the work order shall be attached to the invoice. If the customer gives

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an oral work order, the oral work order shall be noted on the invoice and shall include the date,

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time, and manner of authorization and by whom the authorization was given;

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     (3) Provide the customer with an invoice. An invoice shall contain the following

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information: the name and address of the repair shop, the date of the invoice, the date the vehicle

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was presented to the repair shop for repair or services, a list of all parts supplied and labor

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performed, including the cost for each part and labor, a notation indicating the status of any part

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used which is not new and of at least original quality (i.e., used, rebuilt, etc.), the odometer

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reading on the vehicle at the time it was left with the repair shop and the odometer reading at the

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time the invoice was prepared, a promised date of delivery, if any date was given, the name of the

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customer, year and make of the vehicle, the terms and time limit of any guarantee for the repair

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work performed, a description of the problem reported by the customer. A repair performed under

 

LC002485 - Page 2 of 4

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warranty requires an invoice, which complies with this subdivision. All information on an invoice

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must be legible;

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     (4) Return replaced parts if a timely written demand is made by the customer. If work is

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authorized over the telephone, it shall be presumed that the customer wants his or her parts

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returned and the repair shop shall keep these parts until the customer or his or her agent appears

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to retrieve the motor vehicle, at which time the replaced parts shall be given to the customer if he

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or she directs. This subdivision does not apply to parts, components, or equipment normally sold

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on an exchange basis or subject to a manufacturer's warranty;

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     (5) Operate the vehicle while in its possession only in accordance with the direction of

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the customer or as is necessary to repair or road test the vehicle;

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     (6) Make repairs covered by guarantee;

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     (7) Not commit fraud or engage in deceptive practices.

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     (8) Upon request of any customer, make available for inspection the time cards used in

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making any automobile repairs.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MOTOR VEHICLE REPAIR SHOP

ACT

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     This act would allow a motor vehicle repair shop owner to sell, at a commercially

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reasonable sale, a customer's vehicle if they fail to pay over thirty (30) days of properly charged

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storage fees.

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     This act would take effect upon passage.

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