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:

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

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

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

     The repair shop shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the estimate and invoice;

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

manual, on request;

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

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

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

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

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

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

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

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

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

paragraph (iv) of this subdivision;

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

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

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

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

distributed to the car owner.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

must be legible;

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

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

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

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

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

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

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

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

     (6) Make repairs covered by guarantee;

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

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

making any automobile repairs.

     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

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

storage fees.

     This act would take effect upon passage.

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