The Motor Vehicle Repair Act

The Motor Vehicle Repair Act was designed to protect consumers from deceptive practices of auto mechanics. The Act prohibits a garage from performing repairs on a motor vehicle unless the garage obtains the written consent of the customer, and it requires the garage to provide a written estimate. The Act does NOT apply when the total cost of labor and parts is one hundred dollars or less.

Consent

Without written consent from the customer, repairs cannot be performed unless the facility communicates orally to the customer the estimate of the total costs of the repairs and the customer consents. A record of the discussion and consent must be added to the work order and must include the date, time, manner of consent, telephone number called, and the names of the persons giving and receiving consent. Facilities must also receive consent before installing new, used, reconditioned, etc. parts. Consent is waived when the vehicle is towed to the facility, the customer leaves the vehicle with the facility outside of normal business hours, or the customer signs a waiver that complies with other sections of the Act.

Estimate of Total Costs

The Motor Vehicle Repair Act states what must be included in the cost estimate. For example, estimates must specify whether installed parts are new, used, rebuilt, etc. Towing charges do not need to be included in the estimate. Unless an estimate has been waived, or the customer consents to the additional charge before performance of the labor, no charge for labor or parts can be made more than the estimate plus 10% or $25, whichever is less. Consent to additional charges can be written or oral but a record of the consent must be added to the work order. If charges are over the estimate by more than 10% or $25, then the facility must return the vehicle to the customer once the authorized amount is paid. The facility will not be entitled to a lien for the excess. Facilities cannot charge for repairs which have not been consented to by the customer.

If it is necessary to disassemble a motor vehicle or its parts prior to providing an estimate, the estimate must show the cost of reassembly if the customer decides they do not wish to proceed with the repairs as well as the total cost of labor and parts to replace expendable items that are usually destroyed during disassembly. If disassembly would prevent the restoration of the vehicle to its former condition the facility must fully inform the customer in writing on the work order and obtain the customers consent before the work commences. Estimates of required repairs given after disassembly can be communicated to the customer orally.

 A customer may waive the right to receive any estimate prior to authorizing repairs by signing and dating the following statement that must be in bold type: “I DO NOT WISH TO RECEIVE ANY ESTIMATE, EITHER WRITTEN OR ORAL, TO WHICH I AM ENTITLED BY LAW, BEFORE REPAIRS ARE AUTHORIZED.” However, signing this waiver does not authorize repairs, this must be done in a separate statement. Storage charges may be added to the total cost if the customer has not picked up the vehicle within three days (excluding weekends, legal holidays, and days the facility is closed) after notification of the completion of repairs or if the customer did not authorize repairs within three days after the date of communication of an estimate. The amounts that a customer may be charged for storage charges must be conspicuously printed on the written authorization provided to the customer.

Changes in the Completion Date

The written estimate of the total cost must include the expected completion date of the repairs. Customers must be notified in writing of any changes in the expected completion date of the repairs and the new expected completion date. The notification can be written or oral but it must be made no more than 24 hours after the original completion date (excluding weekends and legal holidays). If the change in completion date is communicated orally, then a record of the communication must be made on the work order and the name of the person receiving the communication and the phone number used must be recorded, if the name is different than the original customer. No additional changes to the completion date can be made without consent from the customer and consent must be recorded on the work order along with details of the consent.

The contract may be cancelled by the facility or the customer if the facility fails to notify the customer of the change in completion date or the customer refuses to consent to the change. If the contract is cancelled in this manner, the facility must reassemble the vehicle in substantially the same condition in which it was delivered without cost to the customer unless the customer was previously notified as to the impracticability of such reassembly. The customer will be required to pay for any repairs completed before the contract is cancelled.

Invoice

All repairs done by the facility must be recorded on a customer’s invoice. There are several things that must be included on the invoice including the name and address of the customer; the date the vehicle was received by the facility; and the year, make, odometer reading of the date the vehicle was brought in for repairs, and the license number of the vehicle. The invoice must also include an itemized list, description with identifying number, and charges levied for each part added or replaced plus the amount charged for labor, the name or employee numbers of those who performed repairs and the stage of repair each person was responsible for. These are just some of the items that must be included on the invoice. The facility must retain a legible copy of the invoice for a minimum of three years.

Work orders, or a legible copy of the work order, must be retained by the facility for at least three years. They must conspicuously state that the customer is entitled to the return of replaced parts except for inflatable restraint system components, body shop repair parts, and exchanged or warranty parts.

Penalties

There are several criminal penalties for breaches of the Motor Vehicle Repair Act. These include misdemeanor charges and fines from $500 up to $5,000 per violation (depending on the breach that occurs). Civil penalties for breaches of the Act include treble damages and attorney’s fees.