BY REPRESENTATIVES Kaufman, Gotlieb, Swenson, and Tate;
also SENATORS Matsunaka, Arnold, Pascoe, and Weddig.
CONCERNING AMENDMENTS TO THE MOTOR VEHICLE REPAIR
ACT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 429102
(3), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended, and the said 429102 is further amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
429102. Definitions.
As used in this article, unless the context otherwise requires:
(1.5) "ESTIMATE" MEANS A WRITTEN
OR ORAL ASSESSMENT THAT DESCRIBES STRUCTURAL DAMAGE TO OR MECHANICAL
NEEDS OF A MOTOR VEHICLE. THE ESTIMATE SHALL INCLUDE TOTAL ESTIMATED
COSTS OF REPAIR, EXCLUDING SALES TAXES AND TOWING CHARGES, TOGETHER
WITH A STATEMENT AS TO WHETHER ANY PARTS TO BE INSTALLED ARE NEW
ORIGINAL EQUIPMENT MANUFACTURER, NEW NONORIGINAL EQUIPMENT MANUFACTURER,
USED, RECONDITIONED, OR REBUILT.
(1.7) "INVOICE" MEANS THE FINAL
STATEMENT FOR SERVICES RENDERED.
(3) "Motor vehicle repair garage
FACILITY" means any natural person, partnership, corporation,
trust, association, or group of persons associated in fact although
not a legal entity which, with intent to make a profit or a gain
of money or other thing of value, engages in the business or occupation
of performing repairs on a motor vehicle, including repairs on
body parts. THE TERM "MOTOR VEHICLE REPAIR FACILITY"
INCLUDES A MOTOR VEHICLE REPAIR GARAGE.
(6) "WORK ORDER" MEANS A DOCUMENT
THAT A CUSTOMER SIGNS TO AUTHORIZE REPAIRS. "WORK ORDER"
MAY INCLUDE AN ESTIMATE.
SECTION 2. 429104,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429104. When consent and
estimate required original transaction disassembly.
(1) (a) No repairs on a motor vehicle shall be
performed by a motor vehicle repair garage
FACILITY unless the garage
FACILITY obtains the written consent of the customer.
(b) The required written consent is waived
by the customer only when the motor vehicle has been towed to
the motor vehicle repair garage
FACILITY or the customer has left the motor vehicle with the motor
vehicle repair garage
FACILITY outside of normal business hours or when the customer
has signed a waiver in compliance with paragraph (b) of subsection
(2) of this section. The waiver established by this paragraph
(b) for any vehicle that is towed to a motor vehicle repair garage
FACILITY or left with the motor vehicle repair garage
FACILITY outside of normal business hours is limited to a maximum
of one hundred dollars in
FOR ALL labor and parts.
(c) When the customer has not given the
motor vehicle repair garage
FACILITY written consent to perform repairs, no repairs shall
be performed unless the garage
FACILITY first communicates orally to the customer the written
estimate of the total cost of such repairs and the customer then
consents to the required repairs. A record of such communication
and consent shall be made on the invoice
WORK ORDER by the motor vehicle repair garage
FACILITY and shall include the date, time, manner of consent,
telephone number called, if any, and the names of the persons
giving and receiving such consent. IF MORE THAN ONE SUCH COMMUNICATION
OCCURS BETWEEN THE MOTOR VEHICLE REPAIR FACILITY AND THE CUSTOMER,
A RECORD OF THE TELEPHONE NUMBER NEED NOT BE MADE FOR EACH SUBSEQUENT
COMMUNICATION IF THE TELEPHONE NUMBER IS THE SAME AS ON THE INITIAL
CONSENT.
(2) (a) (I) Except as provided
in paragraph (b) of this subsection (2), no repairs shall be performed
by a motor vehicle repair garage
FACILITY unless said garage
FACILITY first submits in writing or, where allowed by this section,
orally communicates to the customer an estimate of the total cost
of any such repairs. not including
any applicable sales tax. The written
estimate shall include the expected completion date of such repairs.
A COPY OF THE COMPLETED WRITTEN ESTIMATE OF THE TOTAL COST OF
REPAIR SHALL BE PROVIDED TO THE CUSTOMER.
(II) (A) Except as provided in subsubparagraph
(B) of this subparagraph (II), storage charges of
not more than ten dollars per day
may accrue, beginning on the fourth day, if the customer has not
picked up the motor vehicle within three days, exclusive of Saturday,
Sunday, and
any legal holiday, AND ANY DAYS THE REPAIR FACILITY IS CLOSED
FOR BUSINESS, after notification of the completion of authorized
repairs or if the customer failed to authorize repairs to be performed
within three days, exclusive of Saturday, Sunday, and
any legal holiday, AND ANY DAYS THE REPAIR FACILITY IS CLOSED
FOR BUSINESS, after the date of communication of an estimate.
(B) Storage charges shall be assessed
in accordance with section 3820109, C.R.S., if the
garage
FACILITY chooses to sell the customer's property in accordance
with article 20 of title 38, C.R.S.
(C) The amounts that a customer may be
charged for storage charges shall be conspicuously printed on
the SEPARATE written estimate
AUTHORIZATION provided to the customer.
(III) The estimate
WORK ORDER provided to the customer shall state conspicuously
that, except for body shop repair parts and except for exchanged
or warranty parts which
THAT shall only be presented to the customer for examination and
not returned, the customer is entitled to the return of the replaced
parts if the customer so requests at the time of consenting to
or authorizing the repairs.
(IV) The estimate
shall be recorded on or attached to the invoice required by section
429108 THE WORK ORDER,
OR A LEGIBLE COPY THEREOF, SHALL BE RETAINED BY THE MOTOR VEHICLE
REPAIR FACILITY FOR AT LEAST THREE YEARS.
(b) A customer may waive the right to
receive any estimate, either written or oral, prior to authorizing
repairs by signing the customer's name and the date below the
following statement which
THAT shall 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.". The signing of
such waiver does not constitute an authorization of repairs, which
shall be a separate statement.
(c) (I) In the event that it is necessary
to disassemble, or partially disassemble, a motor vehicle or a
motor vehicle part in order to provide the customer with an estimate
for required repairs, the written estimate required in paragraph
(a) of this subsection (2) shall show the cost of reassembly in
the event that the customer elects not to proceed with the repairs
of the motor vehicle or motor vehicle part. The estimate shall
also include the total cost of labor and parts to replace those
expendable items which
THAT are normally destroyed by such disassembly. No act of disassembly
which
THAT would prevent the restoration of the same unit to its former
condition may be undertaken unless the motor vehicle repair garage
FACILITY has fully informed the customer of that fact in writing
on the invoice
WORK ORDER and the customer consents to the disassembly.
(II) Any estimate of required repairs
given after a disassembly shall comply with the requirements of
paragraph (a) of this subsection (2); except that such written
estimate may then be communicated orally to the customer. A record
of such communication shall be made on the invoice
WORK ORDER by the motor vehicle repair garage
FACILITY, including the date, time, manner of communication, telephone
number called, if any, and names of persons giving and receiving
such consent. IF MORE THAN ONE SUCH COMMUNICATION OCCURS BETWEEN
THE MOTOR VEHICLE REPAIR FACILITY AND THE CUSTOMER, A RECORD OF
THE TELEPHONE NUMBER NEED NOT BE MADE FOR EACH SUBSEQUENT COMMUNICATION
IF THE TELEPHONE NUMBER IS THE SAME AS ON THE INITIAL CONSENT.
(d) Towing charges are excluded from the
written or oral estimate and consent requirements of this section.
SECTION 3. 429105,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429105. When consent and
estimate required additional repairs changed completion
date. (1) Except when an estimate
has been waived pursuant to section 429104 (2) (b),
no charge shall be made for labor and parts in excess of the estimate,
plus ten percent thereof or twentyfive dollars, whichever
is less, without the consent of the customer to the additional
charge before performance of the labor or installation of the
parts not included in the estimate. but
subcontract cost amounts for parts beyond the control of the garage
to correctly estimate may be charged for in addition to the estimate.
Consent by the customer to additional charges may be written or
oral. In either case, a record of such consent shall be made on
the invoice
WORK ORDER by the motor vehicle repair garage
FACILITY and shall include the date, time, manner of consent,
telephone number called, if any, and names of the persons giving
and receiving the consent. IF MORE THAN ONE SUCH COMMUNICATION
OCCURS BETWEEN THE MOTOR VEHICLE REPAIR FACILITY AND THE CUSTOMER,
A RECORD OF THE TELEPHONE NUMBER NEED NOT BE MADE FOR EACH SUBSEQUENT
COMMUNICATION IF THE TELEPHONE NUMBER IS THE SAME AS ON THE INITIAL
CONSENT.
(2) (a) The customer shall be notified
in writing on the invoice
WORK ORDER of any changes in the expected completion date of the
repairs and of the new expected completion date. Such notification
may be communicated to the customer orally, but such communication,
written or oral, shall be made no more than twentyfour hours
after the original completion date, exclusive of Saturday, Sunday,
and any legal holiday. If communicated orally, a record of such
communication shall be made on the invoice
WORK ORDER by the motor vehicle repair garage
FACILITY and shall include the date, time, telephone number called,
if any, and names of the persons giving and receiving such communication.
IF THE NAME OF THE PERSON RECEIVING SUCH COMMUNICATION IS DIFFERENT
THAN THE ORIGINAL CUSTOMER, THE NAME AND TELEPHONE NUMBER CALLED,
IF ANY, SHALL BE RECORDED ON THE WORK ORDER.
(b) No additional changes in the completion
date shall be made unless the consent of the customer to the additional
change is obtained. If the required consent is given orally, the
motor vehicle repair garage
FACILITY shall make a record of such consent on the invoice
WORK ORDER and shall include the date, time, manner of consent,
telephone number called, if any,
and the names of the persons giving and receiving such consent.
(c) If the motor vehicle repair garage
FACILITY fails to notify the customer of the change in the completion
date or if the customer refuses to consent to an additional change
in the completion date, the contract may be cancelled at the option
of either the customer or the motor vehicle repair garage
FACILITY. Once the contract has been cancelled in this manner,
the motor vehicle repair garage
FACILITY shall be required to reassemble the motor vehicle in
substantially the same condition in which it was delivered to
the motor vehicle repair garage
FACILITY without cost to the customer unless the customer has
been previously notified as to the impracticality of such reassembly;
except that the customer shall be required to pay for any repairs
already completed as specified in section 429106 (3)
(a).
SECTION 4. 429106
(1), (2), (3) (a), (3) (b), and (4), Colorado Revised Statutes,
1993 Repl. Vol., as amended, are amended to read:
429106. Amounts over estimate
storage charges cancellation of authorized repairs.
(1) Except when an estimate has been waived pursuant
to section 429104 (2) (b), if the charge for labor
and parts is over the original estimate or any subsequent estimate
by ten percent thereof or twentyfive dollars, whichever
is less, and unless further oral or written consent is given by
the customer pursuant to section 429105 (1), the motor
vehicle repair garage
FACILITY shall return the motor vehicle to the customer upon the
payment of the amount of the original estimate or any subsequent
estimate plus ten percent thereof or twentyfive dollars,
whichever is less, and the motor vehicle repair garage
FACILITY shall not be entitled to a lien for said excess pursuant
to section 3820106, C.R.S.
(2) No charge shall be made for storage
of the motor vehicle unless the motor vehicle is not picked up
by the customer within three days, exclusive of Saturday, Sunday,
and legal
holidays, AND ANY DAYS THE REPAIR FACILITY IS CLOSED FOR BUSINESS,
after the customer is notified that the repairs have been completed
and the customer was notified, as required by section 429104 (2) (a),
that such storage charges would accrue. STORAGE CHARGES MAY ACCRUE
PURSUANT TO A WRITTEN AGREEMENT, SEPARATE FROM ANY OTHER REPAIR
DOCUMENT, BETWEEN THE MOTOR VEHICLE REPAIR FACILITY AND THE CUSTOMER.
The written estimate
AUTHORIZATION, in bold type, shall state the following:
A storage fee of not
more than ten dollars per day, MAY
NOT BE CHARGED UNLESS A WRITTEN AGREEMENT, SEPARATE FROM ANY OTHER
REPAIR DOCUMENT, FOR AN AMOUNT IS REACHED. A STORAGE FEE MAY BE
CHARGED, beginning on the fourth day, may
be charged if a motor vehicle is
not removed within three days after the customer is notified that
repairs have been completed, excluding Saturdays, Sundays, and
legal holidays. LEGAL HOLIDAYS, AND
ANY DAYS THE REPAIR FACILITY IS CLOSED FOR BUSINESS.
The motor vehicle repair garage
FACILITY shall make a record of the notice of completion on the
invoice
WORK ORDER. The record shall include the date and time of the
notice of completion, the manner of communication of the notice,
the telephone number called, if any, and the name of the person
receiving the notice.
(3) (a) If the customer cancels previously
authorized repairs prior to their completion, the motor vehicle
repair garage
FACILITY shall be entitled to charge the customer for repairs,
including labor and parts, which have already been performed so
long as said charge does not exceed the original estimate or any
subsequent estimate for the repairs already performed.
(b) In requesting the return of the motor
vehicle subsequent to the cancellation of previously authorized
repairs, the customer shall specify whether it should be reassembled
in substantially the same condition in which it was delivered
to the motor vehicle repair garage
FACILITY or in such a lesser condition of assembly as the customer
shall designate. Reassembly shall be completed by the motor vehicle
repair garage
FACILITY within three days of the customer's request, excluding
Saturday, Sunday, and
any legal holiday, AND ANY DAYS THE REPAIR FACILITY IS CLOSED
FOR BUSINESS.
(4) Nothing in this section shall require
a motor vehicle repair garage
FACILITY to give an estimate if such garage
FACILITY does not agree to perform the requested repairs.
SECTION 5. 429107,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429107. Used, reconditioned,
or rebuilt parts. The motor vehicle repair
garage
FACILITY shall specify in the original estimate whether any parts
to be installed are new ORIGINAL EQUIPMENT MANUFACTURER, NEW NONORIGINAL
EQUIPMENT MANUFACTURER, used, reconditioned, or rebuilt, and then
shall obtain the consent of the customer before any NEW ORIGINAL
EQUIPMENT MANUFACTURER, NEW NONORIGINAL EQUIPMENT MANUFACTURER,
used, reconditioned, or rebuilt parts are installed in the motor
vehicle. If such consent is oral, the motor vehicle repair garage
FACILITY shall make a record of such consent on the invoice
WORK ORDER and shall include the date, time, AND manner of consent.
telephone number called, if any, and
names of persons giving and receiving such consent.
THE TELEPHONE NUMBER CALLED, IF ANY, AND THE NAME OF THE PERSON
GIVING AND RECEIVING THE CONSENT, IF DIFFERENT THAN THE ORIGINAL
CUSTOMER, SHALL BE RECORDED ON THE WORK ORDER. The motor vehicle
repair garage
FACILITY shall adjust the original estimate for new parts to reflect
the altered cost if used, reconditioned, or rebuilt parts are
authorized and installed.
SECTION 6. 429108
(1), (2) (g), and (2) (h), Colorado Revised Statutes, 1993 Repl.
Vol., as amended, are amended, and the said 429108
(2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
429108. Invoice.
(1) All repairs done by a motor vehicle repair garage
FACILITY shall be recorded on a customer's invoice. A legible
copy of the customer's invoice shall be given to the customer
when the motor vehicle is returned to the customer. The original
or a legible copy of the customer's invoice shall be retained
for at least three years by the motor vehicle repair garage
FACILITY.
(2) The customer's invoice shall include
the following:
(g) An identification of any repairs subcontracted
to another repair garage; and
FACILITY;
(h) The legible initials of the person
filling out any portion of the invoice not specified in this subsection
(2); AND
(i) A COPY OF ANY WARRANTY ISSUED BY THE
MOTOR VEHICLE REPAIR FACILITY SETTING FORTH THE TERMS AND CONDITIONS
OF SUCH WARRANTY.
SECTION 7. 429108.5,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429108.5. Warranty completion
date. When a motor vehicle is returned
under a warranty issued by the repair garage
FACILITY, the garage
FACILITY shall give the customer a written notice that specifies
that the work is under warranty and that provides the customer
with a completion date for the repair, as required by section
429104.
SECTION 8. Article
9 of title 42, Colorado Revised Statutes, 1993 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
429108.7. Motor vehicle
repair facility warranties. IF A MOTOR
VEHICLE REPAIR FACILITY ISSUES A MOTOR VEHICLE REPAIR FACILITY
WARRANTY, SUCH WARRANTY SHALL APPEAR WITH THE INVOICE AND SHALL
SET FORTH ALL TERMS AND CONDITIONS OF SUCH WARRANTY. THE FACILITY
WARRANTY SHALL BE LIMITED TO THE TERMS AND CONDITIONS SET FORTH
IN SUCH WARRANTY.
SECTION 9. 429109,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429109. Return of replaced
parts. Except for body shop repair parts
and parts that the motor vehicle repair garage
FACILITY is required to return to the manufacturer or distributor
under a MANUFACTURER warranty or exchange arrangement, the motor
vehicle repair garage
FACILITY shall return replaced parts to the customer at the time
of the completion of the repairs if the customer so requests at
the time of consenting to or authorizing the repairs.
SECTION 10. The
introductory portion to 429111 (1) and 429111
(1) (h), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
are amended, and the said 429111 (1) is further amended
BY THE ADDITION OF A NEW PARAGRAPH, to read:
429111. Prohibited acts.
(1) No motor vehicle repair garage
FACILITY or any employee or contract laborer of such garage
FACILITY shall: knowingly:
(h) Require a customer to sign a work
order that does not state the repairs that are requested by the
customer; or does not state the motor
vehicle odometer reading.
(i) FAIL TO STATE THE MOTOR VEHICLE ODOMETER
READING, UNLESS SUCH READING IS UNFEASIBLE DUE TO THE CONDITION
OF THE ODOMETER.
SECTION 11. 429112,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
429112.
Criminal penalties. (1) Except as provided in
subsection (2) of this section, any motor vehicle repair garage
FACILITY or any employee of such garage
not providing FACILITY THAT FAILS
TO PROVIDE a COMPLETED written or oral estimate as required under
section 429104 (2), or an invoice as required under
section 429108, is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than
five hundred dollars nor more than two thousand dollars per violation.
No portion of the minimum fine FOR REPEAT OFFENDERS shall be suspended.
(2) Any motor vehicle repair garage
FACILITY or any employee of such garage
FACILITY who violates section 429111 is guilty of
a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than five hundred dollars nor more than
one thousand dollars per violation. No portion of the minimum
fine FOR REPEAT OFFENDERS shall be suspended.
(2.5) Any motor vehicle repair garage
FACILITY or any employee of such garage
FACILITY who violates any provision of this article other than
the provisions for which penalties are provided in subsections
(1) and (2) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of five hundred
dollars per violation.
(2.7) Upon
a third conviction of A violation
of section 429111, the
motor vehicle repair garage may be subject to the provisions
THIS ARTICLE SHALL ALSO CONSTITUTE A DECEPTIVE TRADE PRACTICE
IN VIOLATION of the "Colorado Consumer Protection Act",
article 1 of title 6, C.R.S., including,
but not limited to, temporary restraining orders and other injunctive
relief AND SHALL SUBJECT THE MOTOR
VEHICLE REPAIR FACILITY OR ANY EMPLOYEE OF SUCH FACILITY TO THE
REMEDIES OR PENALTIES CONTAINED IN ARTICLE 1 OF TITLE 6.
(3) In any
civil action for the enforcement of this article, the court may
award reasonable attorney fees and costs to the prevailing party,
and a customer shall be entitled to treble damages for failure
of any motor vehicle repair garage or any employee of such garage
to comply with this article, except for clerical errors or omissions;
but in no event shall such damages be less than three hundred
dollars. The customer shall first make written demand for the
customer's damages from the motor vehicle repair garage by certified
mail at least ten days prior to the filing of any such action,
exclusive of Saturday, Sunday, and any legal holiday. Such action
shall be brought within the time period prescribed in section
1380103, C.R.S.
SECTION 12. Article
9 of title 42, Colorado Revised Statutes, 1993 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
429113. Civil penalties. IN
ANY CIVIL ACTION FOR THE ENFORCEMENT OF THIS ARTICLE, THE COURT
MAY AWARD REASONABLE ATTORNEY FEES AND COSTS TO THE PREVAILING
PARTY, AND A CUSTOMER SHALL BE ENTITLED TO TREBLE DAMAGES FOR
FAILURE OF ANY MOTOR VEHICLE REPAIR FACILITY OR ANY EMPLOYEE OF
SUCH FACILITY TO COMPLY WITH THIS ARTICLE, EXCEPT FOR CLERICAL
ERRORS OR OMISSIONS; BUT IN NO EVENT SHALL SUCH DAMAGES BE LESS
THAN TWO HUNDRED FIFTY DOLLARS. THE CUSTOMER SHALL FIRST MAKE
WRITTEN DEMAND FOR THE CUSTOMER'S DAMAGES FROM THE MOTOR VEHICLE
REPAIR FACILITY BY CERTIFIED MAIL AT LEAST TEN DAYS PRIOR TO THE
FILING OF ANY SUCH ACTION, EXCLUSIVE OF SATURDAY, SUNDAY, AND
ANY LEGAL HOLIDAY. SUCH ACTION SHALL BE BROUGHT WITHIN THE TIME
PERIOD PRESCRIBED IN SECTION 1380103, C.R.S.
SECTION 13. 61105
(1), Colorado Revised Statutes, 1992 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
61105. Deceptive trade
practices. (1) A person engages
in a deceptive trade practice when, in the course of such person's
business, vocation, or occupation, such person:
(pp) VIOLATES ARTICLE 9 OF TITLE 42, C.R.S.
SECTION 14. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO