AN ACT Relating to automotive repair; amending
RCW 46.71.060, 46.71.070, and 46.71.090; adding new sections to chapter 46.71
RCW; creating a new section; repealing RCW 46.71.010, 46.71.020, 46.71.030,
46.71.040, 46.71.043, 46.71.047, 46.71.050, and 46.71.065; and providing an
effective date.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The automotive repair industry supports good communication between auto repair
facilities and their customers. The legislature recognizes that improved
communications and accurate representations between automotive repair
facilities and the customers will: Increase consumer confidence; reduce the
likelihood of disputes arising; clarify repair facility lien interests; and
promote fair and nondeceptive practices, thereby enhancing the safety and
reliability of motor vehicles serviced by auto repair facilities in the state
of Washington.
NEW SECTION. Sec. 2.
For purposes of this chapter:
(1) An "after market body part" or
"nonoriginal equipment manufacturer body part" is an exterior body
panel or nonstructural body component manufactured by someone other than the
original equipment manufacturer and supplied through suppliers other than those
in the manufacturer's normal distribution channels.
(2) "Automotive repair" includes but
is not limited to:
(a) All repairs to vehicles subject to chapter
46.16 RCW that are commonly performed in a repair facility by a motor vehicle
technician including the diagnosis, installation, exchange, or repair of
mechanical or electrical parts or units for any vehicle, the performance of any
electrical or mechanical adjustment to any vehicle, or the performance of any
service work required for routine maintenance or repair of any vehicle.
However, commercial fleet repair or maintenance transactions involving two or
more vehicles or ongoing service or maintenance contracts involving vehicles
used primarily for business purposes are not included;
(b) All work in facilities that perform one or
more specialties within the automotive repair service industry including, but
not limited to, body collision repair, refinishing, brake, electrical, exhaust
repair or installation, frame, unibody, front-end, radiators, tires,
transmission, tune-up, and windshield; and
(c) The removal, replacement, or repair of
exterior body panels, the removal, replacement, or repair of structural and
nonstructural body components, the removal, replacement, or repair of collision
damaged suspension components, and the refinishing of automotive components.
(3) "Automotive repair facility" or
"repair facility" means any person, firm, association, or corporation
who for compensation engages in the business of automotive repair or diagnosis,
or both, of malfunctions of motor vehicles subject to licensure under chapter
46.16 RCW and repair and refinishing auto-body collision damage as well as
overall refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a
used assembly that has been dismantled and inspected with only the defective
parts being replaced.
(5) A "remanufactured" part consists
of a used assembly that has been dismantled with the core parts being
remachined and all other parts replaced with new parts so as to provide
performance comparable to that found originally.
NEW SECTION. Sec. 3.
(1) Except as otherwise provided in section 5 of this act, all estimates that
exceed one hundred dollars shall be in writing and include the following information:
The date; the name, address, and telephone number of the repair facility; the
name, address, and telephone number, if available, of the customer or the
customer's designee; if the vehicle is delivered for repair, the year, make,
and model of the vehicle, the vehicle license plate number or last eight digits
of the vehicle identification number, and the odometer reading of the vehicle;
a description of the problem reported by the customer or the specific repairs
requested by the customer; and a choice of alternatives described in section 5
of this act.
(2) Whether or not a written estimate is
required, parts and labor provided by an automotive repair facility shall be
clearly and accurately recorded in writing on an invoice and shall include, in
addition to the information listed in subsection (1) of this section, the
following information: A description of the repair or maintenance services
performed on the vehicle; a list of all parts supplied, identified by name and
part number, if available, part kit description or recognized package or shop
supplies, if any, and an indication whether the parts supplied are rebuilt, or
used, if applicable or where collision repair is involved, after market body
parts or nonoriginal equipment manufacturer body parts, if applicable; the
price per part charged, if any, and the total amount charged for all parts; the
total amount charged for all labor, if any; and the total charge. Parts and
labor do not need to be separately disclosed if pricing is expressed as an
advertised special by the job, a predisclosed written repair menu item, or a
routine service package.
(3) Notwithstanding subsection (2) of this
section, if the repair work is performed under warranty or without charge to
the customer, other than an applicable deductible, the repair facility shall
provide either an itemized list of the parts supplied, or describe the service
performed on the vehicle, but the repair facility is not required to provide
any pricing information for parts or labor.
(4) A copy of the estimate, unless waived,
shall be provided to the customer or customer's designee prior to providing
parts or labor as required under section 5 of this act. A copy of the invoice
shall be provided to the customer upon completion of the repairs.
(5) Only material omissions, under this
section, are actionable in a court of law or equity.
NEW SECTION. Sec. 4.
Except for parts covered by a manufacturer's or other warranty or parts that
must be returned to a distributor, remanufacturer, or rebuilder, the repair
facility shall return replaced parts to the customer at the time the work is
completed if the customer requested the parts at the time of authorization of
the repair. If a customer at the time of authorization of the repair requests
the return of a part that must be returned to the manufacturer, remanufacturer,
distributor, recycler, or rebuilder, or must be disposed of as required by law,
the repair facility shall offer to show the part to the customer. The repair
facility need not show a replaced part if no charge is being made for the
replacement part.
NEW SECTION. Sec. 5.
(1) Except as provided in subsection (3) of this section, a repair facility
prior to providing parts or labor shall provide the customer or the customer's
designee with a written price estimate of the total cost of the repair,
including parts and labor, or where collision repair is involved, after market
body parts or nonoriginal equipment manufacturer body parts, if applicable, or
offer the following alternatives:
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR
THE REPAIRS YOU HAVE AUTHORIZED. YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR
FACILITY TO OBTAIN YOUR ORAL OR WRITTEN AUTHORIZATION TO EXCEED THE WRITTEN
PRICE ESTIMATE. YOUR SIGNATURE OR INITIALS WILL INDICATE YOUR SELECTION.
1. I request an estimate in
writing before you begin repairs. Contact me if the price will exceed this
estimate by more than ten percent.
2. Proceed with repairs but
contact me if the price will exceed $. . . . . .
3. I
do not want a written estimate.
............................................................... (Initial
or signature)
Date: ............................... Time: "
(2) The repair facility may not charge the
customer more than one hundred ten percent, exclusive of retail sales tax, of
the total shown on the written price estimate. Neither of these limitations
apply if, before providing additional parts or labor the repair facility
obtains either the oral or written authorization of the customer, or the
customer's designee, to exceed the written price estimate. The repair facility
or its representative shall note on the estimate the date and time of obtaining
an oral authorization, the additional parts and labor required, the estimated
cost of the additional parts and labor, or where collision repair is involved,
after market body parts or nonoriginal equipment manufacturer body parts, if
applicable, the name or identification number of the employee who obtains the
authorization, and the name and telephone number of the person authorizing the
additional costs.
(3) A written estimate shall not be required
when the customer's motor vehicle or component has been brought to an
automotive repair facility's regular place of business without face-to-face
contact between the customer and the repair facility. Face-to-face contact
means actual in-person discussion between the customer or his or her designee
and the agent or employee of the automotive repair facility authorized to
intake vehicles or components. However, prior to providing parts and labor,
the repair facility must obtain either the oral or written authorization of the
customer or the customer's designee. The repair facility or its representative
shall note on the estimate or repair order the date and time of obtaining an
oral authorization, the total amount authorized, the name or identification
number of the employee who obtains the authorization, and the name of the
person authorizing the repairs.
NEW SECTION. Sec. 6. An
automotive repair facility shall post in a prominent place on the business
premises one or more signs, readily visible to customers, in the following
form:
"YOUR
CUSTOMER RIGHTS
YOU ARE ENTITLED BY LAW TO:
1.A WRITTEN ESTIMATE FOR
REPAIRS WHICH WILL COST MORE THAN ONE HUNDRED DOLLARS, UNLESS WAIVED OR ABSENT
FACE-TO-FACE CONTACT (SEE ITEM 4 BELOW);
2.RETURN OR INSPECTION OF
ALL REPLACED PARTS, IF REQUESTED AT TIME OF REPAIR AUTHORIZATION;
3.AUTHORIZE ORALLY OR IN
WRITING ANY REPAIRS WHICH EXCEED THE ESTIMATED TOTAL PRESALES TAX COST BY MORE
THAN TEN PERCENT;
4.AUTHORIZE ANY REPAIRS
ORALLY OR IN WRITING IF YOUR VEHICLE IS LEFT WITH THE REPAIR FACILITY WITHOUT
FACE-TO-FACE CONTACT BETWEEN YOU AND THE REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE
ABOVE INFORMATION YOU ARE REQUIRED TO PAY FOR THE COSTS OF THE REPAIR PRIOR TO
TAKING THE VEHICLE FROM THE PREMISES."
The first line of each sign shall be in letters
not less than one and one-half inch in height and the remaining lines shall be
in letters not less than one-half inch in height.
NEW SECTION. Sec. 7. An
automotive repair facility that fails to comply with the estimate requirements
of section 5 of this act is barred from recovering in an action to recover for
automotive repairs any amount in excess of one hundred ten percent of the
amount authorized by the customer, or the customer's designee, unless the
repair facility proves by a preponderance of the evidence that its conduct was
reasonable, necessary, and justified under the circumstances. In an action to
recover for automotive repairs the prevailing party may, at the discretion of
the court, recover the costs of the action and reasonable attorneys' fees.
NEW SECTION. Sec. 8. A
repair facility that fails to comply with section 4, 5, or 6 of this act is
barred from asserting a possessory or chattel lien for the amount of the
unauthorized parts or labor upon the motor vehicle or component.
NEW SECTION. Sec. 9.
Each of the following acts or practices are unlawful:
(1) Advertising that is false, deceptive, or
misleading. A single or isolated media mistake does not constitute a false,
deceptive, or misleading statement or misrepresentation under this section;
(2) Materially understating or misstating the
estimated price for a specified repair procedure;
(3) Retaining payment from a customer for parts
not delivered or installed or a labor operation or repair procedure that has
not actually been performed;
(4) Unauthorized operation of a customer's
vehicle for purposes not related to repair or diagnosis;
(5) Failing or refusing to provide a customer,
upon request, a copy, at no charge, of any document signed by the customer;
(6) Retaining duplicative payment from both the
customer and the warranty or extended service contract provider for the same
covered component, part, or labor;
(7) Charging a customer for unnecessary
repairs. For purposes of this subsection "unnecessary repairs" means
those for which there is no reasonable basis for performing the service. A
reasonable basis includes, but is not limited to: (a) That the repair service
is consistent with specifications established by law or the manufacturer of the
motor vehicle, component, or part; (b) that the repair is in accordance with
accepted industry standards; or (c) that the repair was performed at the
specific request of the customer.
NEW SECTION. Sec. 10.
The repair facility shall make available, upon request, a copy of any express
warranty provided by the repair facility to the customer that covers repairs
performed on the vehicle.
Sec. 11.
RCW 46.71.060 and 1982 c 62 s 7 are each amended to read as follows:
Every automotive ((repairman)) repair
facility shall retain and make available for inspection, upon
request by the customer or the customer's authorized representative,
true copies of the written price estimates and invoices required under this
chapter for at least one year after the date on which the repairs were
performed.
Sec. 12.
RCW 46.71.070 and 1982 c 62 s 9 are each amended to read as follows:
The legislature finds that the practices
covered by this chapter are matters vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter 19.86 RCW.
Violations of this chapter are not reasonable in relation to the development
and preservation of business. A violation of this chapter is an unfair ((act
or practice in violation of)) or deceptive act in trade or commerce and
an unfair method of competition for the purpose of applying the consumer
protection act, chapter 19.86 RCW. In an action under chapter 19.86 RCW due to
an automotive ((repairman's)) repair facility's charging ((or
attempt to charge)) a customer an amount in excess of one hundred ten
percent of the amount authorized by the customer, a violation shall not be
found if the automotive ((repairman)) repair facility proves by a
preponderance of the evidence that ((his or her)) its conduct was
reasonable, necessary, and justified under the circumstances.
Notwithstanding RCW 46.64.050, no violation of
this chapter shall give rise to criminal liability under that section.
Sec. 13.
RCW 46.71.090 and 1982 c 62 s 11 are each amended to read as follows:
When the department of revenue issues a
registration certificate under RCW 82.32.030 to an automotive ((repairman))
repair facility, it shall give written notice to the person of the
requirements of this chapter in a manner prescribed by the director of
revenue. The department of revenue shall thereafter give the notice on an
annual basis in conjunction with the business and occupation tax return
provided to each person holding a registration certificate as an automotive ((repairman))
repair facility.
NEW SECTION. Sec. 14.
The attorney general shall study the recommendations of the national
association of attorneys general automotive repair task force and make findings
on the possible use of the task force's recommendations in this state. The
attorney general may submit a report of its findings to the appropriate
standing committees of the legislature by December 1, 1994.
NEW SECTION. Sec. 15. If
any provision of this act is declared unconstitutional, or the applicability thereof
to any person or circumstances is held invalid, the constitutionality of the
remainder of the act and the applicability thereof to persons and circumstances
shall not be affected thereby.
NEW SECTION. Sec. 16.
The following acts or parts of acts are each repealed:
(1) RCW
46.71.010 and 1982 c 62 s 1 & 1977 ex.s. c 280 s 1;
(2) RCW
46.71.020 and 1977 ex.s. c 280 s 2;
(3) RCW
46.71.030 and 1982 c 62 s 2 & 1977 ex.s. c 280 s 3;
(4) RCW
46.71.040 and 1982 c 62 s 3 & 1977 ex.s. c 280 s 4;
(5) RCW
46.71.043 and 1982 c 62 s 4;
(6) RCW
46.71.047 and 1982 c 62 s 5;
(7) RCW
46.71.050 and 1982 c 62 s 6 & 1977 ex.s. c 280 s 5; and
(8) RCW
46.71.065 and 1982 c 62 s 8.
NEW SECTION. Sec. 17.
Sections 1 through 10 of this act are each added to chapter 46.71 RCW.
NEW SECTION. Sec. 18.
This act shall take effect January 1, 1994.
