H-4552

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; 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 legislature recognizes that improved communications and accurate representations between automotive repair shops and consumers will considerably increase the likelihood that necessary maintenance, repair, and diagnosis will be effected in a manner that will result in safe and reliable operation of motor vehicles.

NEW SECTION. Sec. 2. For purposes of this chapter:

(1) "Automotive repair shop" or "repair shop" 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

(2) "Automotive repair" includes but is not limited to:

(a) All diagnosis and repairs to vehicles subject to chapter 46.16 RCW which are commonly performed in a repair shop by a motor vehicle mechanic including the installation, exchange, or repair of mechanical or electrical parts or units for any vehicle or the performance of any electrical or mechanical adjustment to any vehicle; and

(b) All work in shops that perform one or more specialties within the automotive repair trade including, but not limited to, body, brake, electrical, exhaust repair or installation, frame, front-end, radiators, tires, transmission, tune-up, and windshield.

NEW SECTION. Sec. 3. (1) All estimates that exceed seventy-five dollars shall be in writing and include the following information: The name, address, and telephone number of the repair shop; the name, address, and telephone number, if available, of the customer or the customer's designee; the date the vehicle was delivered for repair; the year, make, and model of the vehicle; the vehicle license plate number; 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 alternative described in section 5 of this act.

(2) Whether or not a written estimate is required, parts and labor provided by an automotive repair shop, including all warranty work, 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: An itemized list of the repair or maintenance services performed on the vehicle; an itemized list of all parts supplied, identified by name and part number, part kit description or recognized package, and an indication whether the part supplied was other than new, that is, used, reconditioned, or rebuilt; the price per part charged and the total amount charged for all parts; the number of hours of labor charged for the repair work, identified as either flat rate or actual hours worked; the total amount charged for all labor; and the total charge for parts and labor.

(3) A copy of the estimate, unless waived, shall be provided to the customer 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. One copy of the estimate and the invoice shall be retained, either in hard copy or electronic medium, by the repair shop as required under section 11 of this act.

NEW SECTION. Sec. 4. (1) Except for parts covered by a manufacturer's warranty, the repair shop 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.

(2) If a customer requests the return of a part that must be returned to the manufacturer, distributor, or remanufacturer, or if the part is to be rebuilt by the repair shop, the repair shop shall offer to show the part to the customer at the time the work is completed. The customer shall sign a written acknowledgment that he or she was shown the part.

NEW SECTION. Sec. 5. (1) Except as provided in subsection (3) of this section, a repair shop shall provide a written price estimate of the cost of all parts and labor necessary for the repair. Prior to providing parts or labor, the automotive repair shop shall provide the customer with a written price estimate including the following disclosure options:

YOU ARE ENTITLED TO REQUIRE THE REPAIR SHOP TO OBTAIN YOUR ORAL OR WRITTEN AUTHORIZATION TO EXCEED THE WRITTEN PRICE ESTIMATE. YOUR SIGNATURE OR INITIALS WILL INDICATE YOUR SELECTION.

1. Contact me, or a designated person, if the price will exceed this estimate by more than ten percent.

.................... DATE:.......

2. Contact me, or a designated person, if the price will exceed this estimate by more than $.........

.................... DATE:........

3. I do not want a written estimate.

.................... DATE:.........

(2) The repair shop may not charge for parts and labor provided which are not a part of the written price estimate and 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, prior to providing additional parts or labor the repair shop obtains either the oral or written authorization of the customer, or the customer's designee, to exceed the written price estimate. The repair shop or its representative will 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, the name 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 has been brought to an automotive repair shop's regular place of business without face-to-face contact between the customer and the repair shop. However, prior to providing parts and labor, the repair shop must obtain either the oral or written authorization of the customer or the customer's designee. The repair shop or its representative shall note on the estimate the date and time of obtaining an oral authorization, the parts and labor required, the estimated cost of the parts and labor, 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. (1) An automotive repair shop 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 SEVENTY-FIVE DOLLARS, UNLESS THERE IS NO FACE-TO-FACE CONTACT BETWEEN YOU AND THE REPAIR SHOP;

2.RETURN OR INSPECTION OF ALL REPLACED PARTS IF REQUESTED AT TIME OF REPAIR AUTHORIZATION UNLESS COVERED BY WARRANTY OR MANUFACTURER POLICY;

3.AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS WHICH EXCEED THE ESTIMATED TOTAL PRESALES TAX COST BY MORE THAN TEN PERCENT; AND

4.AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR VEHICLE IS LEFT WITH THE REPAIR SHOP WITHOUT FACE-TO-FACE CONTACT BETWEEN YOU AND THE REPAIR SHOP PERSONNEL.

IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION YOU ARE EXPECTED TO PAY FOR THE COSTS OF THE REPAIR.

(2) An automotive repair shop shall post in a prominent place on the business premises one or more signs, readily visible to customers, in the following form:

REPAIR CHARGES

1.WE CHARGE $.......... PER HOUR FOR REPAIRS USING THE (FLAT RATE) (ACTUAL HOUR) METHOD.

2...... WE DO CHARGE FOR ESTIMATES AND DIAGNOSTICS; IF, AFTER DIAGNOSIS, YOU DECIDE NOT TO HAVE THE REPAIR WORK DONE, YOU WILL BE CHARGED FOR REASSEMBLING YOUR VEHICLE IF NECESSARY.

..... WE DO NOT CHARGE FOR ESTIMATES AND DIAGNOSTICS.

3.WE CHARGE FOR STORAGE OF VEHICLES AT THE RATE OF $.......... PER DAY. IF YOU DO NOT PICK UP YOUR VEHICLE AFTER BEING NOTIFIED ORALLY OR IN WRITING OF OUR COMPLETION OF REPAIRS, CHARGES WILL START TWENTY-FOUR HOURS FOLLOWING NOTIFICATION OF COMPLETION OF REPAIRS.

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 three-quarters of an inch in height.

NEW SECTION. Sec. 7. An automotive repair shop 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 shop proves by a preponderance of the evidence that his or her 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. (1) A repair shop that provides parts or labor which are not a part of the written price estimate, or whose final charges exceed one hundred ten percent of the written price estimate, without the oral or written authorization of the customer, or the customer's designee, required under section 5 of this act, shall be barred from asserting a possessory or chattel lien for the amount of the unauthorized parts or labor upon the motor vehicle.

(2) A repair shop that fails to comply with the provisions of section 3 or 4 of this act shall be barred from asserting a possessory or chattel lien for the amount charged for any part used in the repair of the motor vehicle.

(3) Subsections (1) and (2) of this section shall not apply to fleet repair or maintenance transactions where the vehicles that are subject to repair are used primarily for business purposes.

NEW SECTION. Sec. 9. Each of the following acts or practices are considered unfair or deceptive:

(1) Advertising or making any statement, directly or by implication, that the repair shop knows, or should have known, to be false, deceptive, or misleading;

(2) Materially understating, underestimating, lowballing, or misstating the estimated price of automotive repairs;

(3) Misrepresenting the safety or reliability of a vehicle to a customer to induce approval for unnecessary repairs;

(4) Making performance of any repair or service contingent upon a customer's waiver of any rights created in this chapter;

(5) Representing that repairs have been performed or parts replaced or installed on a vehicle when that is not true;

(6) Charging a customer for parts not installed or repairs that have not actually been performed;

(7) Unauthorized use or conversion of a customer's vehicle or property;

(8) Failing or refusing to provide a customer, upon request, an exact copy, at no charge, of any document signed by the customer;

(9) Charging both the customer and the warranty or extended service contract provider for the same covered component, part, or labor.

NEW SECTION. Sec. 10. The repair shop shall deliver to the customer, with the invoice, a copy of all warranties that apply to parts and labor provided.

Sec. 11. RCW 46.71.060 and 1982 c 62 s 7 are each amended to read as follows:

Every automotive ((~~repairman~~)) repair shop 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 shop'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 shop 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 shop, 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 shop.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. 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. 16. Sections 1 through 10 of this act are each added to chapter 46.71 RCW.

NEW SECTION. Sec. 17. This act shall take effect January 1, 1993.