BILL REQ. #: S-4073.1
_____________________________________________
SUBSTITUTE SENATE BILL 6005
_____________________________________________State of Washington | 62nd Legislature | 2012 Regular Session |
By Senate Labor, Commerce & Consumer Protection (originally sponsored by Senators Carrell, Delvin, Fain, Sheldon, Hill, and Benton)READ FIRST TIME 01/24/12.
AN ACT Relating to the exemption of certain vehicles from the
written estimate requirement for auto repair facilities; amending RCW
46.71.025; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.71.025 and 1993 c 424 s 5 are each amended to read
as follows:
(1) Except as provided in subsections (3) and (4) 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, aftermarket 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, aftermarket 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.
(4)(a) A written estimate is not required for the repair of any
vehicle that:
(i) Qualifies for a horseless carriage license plate as defined in
RCW 46.04.199 or a collector vehicle license plate as defined in RCW
46.04.1261;
(ii) Is a street rod vehicle as defined in RCW 46.04.572 or a
custom vehicle as defined in RCW 46.04.161; or
(iii) Is a parts car, which, for the purposes of this section,
means a motor vehicle that is owned by a collector to furnish parts for
restoration or maintenance of a vehicle described in RCW 46.18.220(1)
or 46.18.255(1), thus enabling a collector to preserve, restore, and
maintain such a vehicle.
(b) This subsection does not prohibit a customer seeking repair
services for one of the vehicles listed under this subsection from
requesting a written estimate, which may be provided at the discretion
of the agent or employee of the automotive repair facility, and in
which case the repair facility shall provide notification and
documentation advising the customer that the requested repairs will be
furnished on a time and materials basis, to be billed at least every
two weeks.
NEW SECTION. Sec. 2 This act takes effect January 1, 2013.
--- END ---