§ 5-38.3-3 - Obligations of motor vehicle repair shop.
SECTION 5-38.3-3
§ 5-38.3-3 Obligations of motor vehiclerepair shop. – The repair shop shall:
(1) Upon request of any customer make an estimate, inwriting, of the parts and labor necessary for each specific repair or serviceoffered and not charge for work done or parts supplied in excess of theestimate without the consent of the customer. The repair shop may charge areasonable fee for making an estimate. The repair shop may elect to apply theestimate fee to services actually performed. The estimate shall contain thefollowing information: the customer's name, the name of the repair shop, thedate of the estimate, a list of parts necessary for each specific repairtogether with the costs for each part, indicating any parts which are not newparts of at least original equipment quality, the labor charge for each repairtogether with the costs of each labor charge, year and make of vehicle,registration plate number or vehicle identification number, a description ofthe problem reported by the customer, and a statement informing the customer ofhis or her right to receive replaced parts if the customer makes a writtenrequest for such return. All information on an estimate must be legible;
(ii) Written estimates must indicate the hourly labor chargeand how it is computed, i.e., by clock hours or flat rate. If a flat rate, themanual used must be specified. A repair shop may utilize a job rate whichcovers both labor and parts on mechanical and electrical repairs costing lessthan two hundred dollars ($200). When a job rate is used, a list of parts mustbe included in the estimate and invoice;
(iii) If a flat rate is used, the consumer shall be shownrelevant time rates as listed in the manual, on request;
(iv) A customer may not be charged for storage or automotiverepair unless notice, in writing, is given. Notice may be given by a statementon an estimate or other document given the customer, by letter or by otherwritten means which gives the customer actual notice. Storage may not becharged during the period from which the customer has authorized repairs to onebusiness day after the repair shop has notified the customer to pick up therepaired vehicle;
(v) Upon reasonable notice, a customer may remove a vehiclefrom a repair shop during the shop's business hours upon paying for: (A) laboractually performed; (B) parts actually installed; (C) parts orderedspecifically for the customer's car if the order is not cancelable or the partsnot returnable for cash or credit; and (D) storage charges imposed inaccordance with paragraph (iv) of this subdivision;
(2) Not perform any services not authorized by the customerby a work order. If a repair shop prepares a written work order, a copy shallbe 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 oralwork order, the oral work order shall be noted on the invoice and shall includethe date, time, and manner of authorization and by whom the authorization wasgiven;
(3) Provide the customer with an invoice. An invoice shallcontain the following information: the name and address of the repair shop, thedate of the invoice, the date the vehicle was presented to the repair shop forrepair or services, a list of all parts supplied and labor performed, includingthe cost for each part and labor, a notation indicating the status of any partused 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 therepair shop and the odometer reading at the time the invoice was prepared, apromised 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 therepair work performed, a description of the problem reported by the customer. Arepair performed under warranty requires an invoice, which complies with thissubdivision. All information on an invoice must be legible;
(4) Return replaced parts if a timely written demand is madeby the customer. If work is authorized over the telephone, it shall be presumedthat the customer wants his or her parts returned and the repair shop shallkeep these parts until the customer or his or her agent appears to retrieve themotor vehicle, at which time the replaced parts shall be given to the customerif he or she directs. This subdivision does not apply to parts, components, orequipment normally sold on an exchange basis or subject to a manufacturer'swarranty;
(5) Operate the vehicle while in its possession only inaccordance with the direction of the customer or as is necessary to repair orroad 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 forinspection the time cards used in making any automobile repairs.