STATE OF OKLAHOMA

1st Session of the 43rd Legislature (1991)

HOUSE BILL NO. 1392 BY: HAMILTON (Jeff)

AS INTRODUCED

AN ACT RELATING TO MOTOR VEHICLES; PROVIDING SHORT

TITLE; DEFINING TERMS; EXEMPTING CERTAIN REPAIRS

FROM APPLICABILITY OF THE ACT; PROHIBITING MOTOR

VEHICLE REPAIRS WITHOUT WRITTEN CONSENT; PROVIDING

FOR WAIVER OF WRITTEN CONSENT IN CERTAIN INSTANCES;

PROVIDING FOR ORAL CONSENT AND CERTAIN PROCEDURES

RELATED THERETO; PROVIDING PROCEDURES CONCERNING

CONTENT OF WRITTEN ESTIMATE; PROVIDING ADDITIONAL

PROCEDURES FOR ESTIMATES AFTER DISASSEMBLY;

PROVIDING FOR CERTAIN ORAL ESTIMATES OF

DISASSEMBLED MOTOR VEHICLES; EXCLUDING TOWING

CHARGES FROM WRITTEN ESTIMATE REQUIREMENTS;

LIMITING REPAIR CHARGES IN ABSENCE OF ESTIMATE;

REQUIRING NOTIFICATION OF ESTIMATE CHANGES;

REQUIRING NOTICE OF COMPLETION DATE CHANGE;

PROVIDING PROVISION FOR CONTRACT CANCELLATION IN

CERTAIN INSTANCES; PROVIDING FOR RETURN OF AUTO

UPON EXCESS CHARGES OVER ORIGINAL ESTIMATE;

PROHIBITING CERTAIN STORAGE CHARGES; AUTHORIZING

CERTAIN REPAIR CHARGES; REQUIRING REQUEST OF

CERTAIN REASSEMBLY UPON RETURN OF MOTOR VEHICLE;

LIMITING REASSEMBLY CHARGES; PROVIDING FOR ALL

ESTIMATES TO BE VOLUNTARY; PROVIDING THAT EXCESS

PAYMENT NOT WAIVER OF CERTAIN RIGHTS; REQUIRING

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ATTACHMENT OF ESTIMATES TO INVOICE; REQUIRING

CONSENT UPON USE OF CERTAIN PARTS; REQUIRING

CERTAIN INFORMATION ON CUSTOMER INVOICE; REQUIRING

RETURN OF CERTAIN PARTS; EXEMPTING CERTAIN MOTOR

VEHICLES FROM APPLICATION OF THE ACT; PROVIDING

CERTAIN PROHIBITION; PROVIDING FOR FINES, PENALTIES

AND CERTAIN ACTIONS; PROVIDING FOR CERTAIN LIENS;

DEFINING TERM; PROVIDING FOR CODIFICATION; AND

PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1600 of Title 47, unless there

is created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the "Oklahoma Motor

Vehicle Repair Act".

SECTION 2. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1601 of Title 47, unless there

is created a duplication in numbering, reads as follows:

As used in the Oklahoma Motor Vehicle Repair Act:

1. "Customer" means the owner, the agent of the owner, or a

family member, employee, or any other person whose use of the

vehicle is authorized by the owner;

2. "Motor vehicle" means every self-propelled vehicle intended

primarily for use and operation on the public highways. The term

does not include trucks and truck tractors having a gross vehicle

weight of more than eight thousand five hundred (8,500) pounds, nor

does it include farm tractors and other machines and tools used in

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the production, harvesting, and care of farm products, nor does it

include motorcycles;

3. "Motor vehicle repair garage" 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 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;

4. "Necessary" means essential to a desired or projected end as

stated by the customer or indispensable to avoid loss or damage;

5. "Repairs on a motor vehicle" or "repairs" includes

maintenance, diagnosis, repairs, service, and parts replacement but

does not include washing the vehicle or adding gasoline or oil to

the vehicle; and

6. "Collector's item" means any automobile which has enhanced

value due to the automobile's age or uniqueness.

SECTION 3. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1602 of Title 47, unless there

is created a duplication in numbering, reads as follows:

The provisions of this act shall not apply where the total cost

of the labor and parts is One Hundred Dollars ($100.00) or less.

SECTION 4. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1603 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. 1. No repairs on a motor vehicle shall be performed by a

motor vehicle repair garage unless the garage obtains the written

consent of the customer.

2. The required written consent may be waived by the customer

only when the motor vehicle has been towed to the motor vehicle

repair garage or the customer has left the motor vehicle with the

motor vehicle repair garage outside of normal business hours or when

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the customer has signed a waiver in compliance with paragraph 2 of

subsection B of this section.

3. When the customer has not given the motor vehicle repair

garage written consent to perform repairs, no repairs shall be

performed unless the garage 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 by the

motor vehicle repair garage 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.

B. 1. Except as provided in paragraph 2 of this subsection, no

repairs shall be performed by a motor vehicle repair garage unless

said garage 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 and the storage charges which shall accrue if

the customer has not picked up the motor vehicle within three (3)

days, exclusive of Saturday, Sunday, and any legal holiday, after

notification of the completion of authorized repairs or if the

customer fails to authorize repairs to be performed within three (3)

days, exclusive of Saturday, Sunday, and any legal holiday, after

the date of communication of an estimate. The estimate provided to

the customer shall state conspicuously that, except for body shop

repair parts and except for exchanged or warranty parts which shall

only be presented to the customer for examination and not returned,

the customer is entitled to the return of the replaced parts if he

so requests at the time of consenting to or authorizing th e repairs.

The estimate shall be recorded on or attached to the invoice

required by Section 6 of this act.

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2. A customer may waive his right to receive any estimate,

either written or oral, prior to authorizing repairs by signing his

name and the date below the following statement which 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.

3. a. 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 1 of this subsection 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 are normally

destroyed by such disassembly. No act or disassembly

which would prevent the restoration of the same unit

to its former condition may be undertaken unless the

motor vehicle repair garage has fully informed the

customer of that fact in writing on the invoice and

the customer consents to the disassembly, and

b. any estimate of required repairs given after a

disassembly shall comply with the requirements of

paragraph 1 of this subsection, except that such

written estimate may then be communicated orally to

the customer. A record of such communication shall be

made on the invoice by the motor vehicle repair

garage, including the date, time, manner of

communication, telephone number called, if any, and

names of persons giving and receiving such consent.

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4. Towing charges are excluded from the written or oral

estimate and consent requirements of this section.

SECTION 5. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1604 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. Except when an estimate has been waived pursuant to

subsection B of Section 4 of this act, no charge shall be made for

labor and parts in excess of the estimate, plus twenty percent (20%)

thereof, 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 by the motor vehicle

repair garage and shall include the date, time, manner of consent,

telephone number called, if any, and the names of the persons giving

and receiving the consent.

B. 1. The customer shall be notified in writing on the invoice

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, must be made no more than three (3) days 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 by the motor vehicle repair garage and

shall include the date, time, telephone number called, if any, and

the names of the persons giving and receiving such communication.

2. 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 shall make a record of such consent on the

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invoice and shall include the date, time, manner of consent,

telephone number called, if any, and the names of the persons giving

such consent.

3. If the motor vehicle repair garage 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 canceled at the option of either the customer or

the motor vehicle repair garage. Once the contract has been

canceled in this manner, the motor vehicle repair garage shall be

required to reassemble the motor vehicle in substantially the same

condition in which it was delivered to the motor vehicle repair

garage without cost to the customer; except that the customer shall

be required to pay for any repairs already completed as specified in

paragraph 1 of subsection C of Section 6 of this act. The motor

vehicle repair garage shall not be liable for any resulting damages

resulting from a customer's refusal to repair new items liste d by

the motor vehicle repair garage.

SECTION 6. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1605 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. Except when an estimate has been waived pursuant to

subsection B of Section 4 of this act, the charge for labor and

parts is over the original estimate or any subsequent estimate by

ten percent (10%) thereof or Twenty-five Dollars ($25.00), whichever

is less, and unless further oral or written consent is given by the

customer pursuant to Section 4 of this act, the motor vehicle repair

garage 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 (10%) thereof or Twenty-five Dollars

($25.00), whichever is less, and the motor vehicle repair garage

shall not be entitled to a lien for said excess pursuant to Section

142 et seq. of Title 42 of the Oklahoma Statutes.

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B. No charge shall be made for storage of the motor vehicle

unless the motor vehicle is not picked up by the customer within

three (3) days, exclusive of Saturday, Sunday, and any legal

holidays, after the customer is notified that the repairs have been

completed and the customer was notified, as required by subsection B

of Section 4 of this act, that such storage charges would accrue.

C. 1. If the customer cancels previously authorized repairs

prior to their completion, the motor vehicle repair garage 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.

2. 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 or in such a lesser condition of assembly as the customer

shall designate. Reassembly shall be completed by the motor vehicle

repair garage within three (3) days of the customer's request,

excluding Saturday, Sunday, and any legal holiday.

3. All charges for reassembly, whether or not the requested

repairs are completed, shall be included in the original estimate or

in any subsequent estimate.

D. Nothing in this section shall require a motor vehicle repair

garage to give an estimate if such garage does not agree to perform

the requested repairs.

E. Payment by the customer of any amount in excess of those

allowed by this article or for unauthorized repairs is not a waiver

of any of the rights granted by this act to the customer, nor shall

such payment be construed as consent to additional repairs or excess

charges.

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F. All written estimates and other information required by this

section shall be recorded on or attached to the invoice described in

Section 8 of this act.

SECTION 7. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1606 of Title 47, unless there

is created a duplication in numbering, reads as follows:

The motor vehicle repair garage shall obtain the consent of the

customer before any used, reconditioned, or rebuilt parts are

installed in the motor vehicle. If such consent is oral, the motor

vehicle repair garage shall make a record of such consent on the

invoice and shall include the date, time, manner of consent,

telephone number called, if any, and names of persons giving and

receiving such consent. The motor vehicle repair garage shall

adjust the original estimate for new parts to reflect the altered

cost if used, reconditioned, or rebuilt parts are authorized and

installed.

SECTION 8. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1607 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. All repairs done by a motor vehicle repair garage 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 (3) years by

the motor vehicle repair garage.

B. The customer's invoice shall include the following:

1. The name and address of the customer;

2. The year, make, odometer reading on the date the motor

vehicle was brought in for repairs, and license number of the motor

vehicle;

3. The date the motor vehicle was received for repairs;

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4. An itemization of each part added to or replaced in the

motor vehicle; a description of each part by name and/or identifying

number; clear identification of which parts are used, reconditioned,

or rebuilt; and the charges levied for each part added or replaced;

5. The amount charged for labor, the full name or employee

number of each mechanic or repairman who is whole or in part

performed repairs, and the identification of the specific stage of

repair for which each mechanic or repairman named was partially or

wholly responsible;

6. An itemized statement of all additional charges, including

storage, service and handling, and taxes;

7. An identification of any repairs subcontracted to another

repair garage; and

8. The legible initials of the person filling out any portion

of the invoice not specified in this subsection.

C. Itemization of a particular part is not required on the

customer's invoice if no charge is levied for that part.

D. Miscellaneous designations such as "shop supplies", "paint

and paint supplies", and "shop materials" may be used on the

customer's invoice.

E. Designation of mechanics, repairmen, parts, or labor is not

required on the customer's invoice if the customer has been given a

flat-rate price, if such repairs are customarily done and billed on

a flat-rate price basis and agreed upon by the customer, and if such

flat-rates are conspicuously posted by the motor vehicle repair

garage or otherwise made available to the customer prior to

rendering the estimate.

SECTION 9. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1608 of Title 47, unless there

is created a duplication in numbering, reads as follows:

Except for body shop repair parts and parts that the motor

vehicle repair garage is required to return to the manufacturer or

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distributor under a warranty or exchange arrangement, the motor

vehicle repair garage shall return replaced parts to the customer at

the time of the completion of the repairs if he so requests at the

time of consenting to or authorizing the repairs.

SECTION 10. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1609 of Title 47, unless there

is created a duplication in numbering, reads as follows:

The provisions of this article shall not apply to repairs of any

motor vehicle twenty-five or more years old or of any motor vehicle

which is a collector's item as defined in Section 2 of this act.

SECTION 11. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1610 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. No motor vehicle repair garage or any employee or contract

laborer of such garage shall knowingly:

1. Charge for repairs which have not been consented to by the

customer or charge for repairs in excess of amounts allowed by this

act;

2. Represent that repairs are necessary when such is not a

fact;

3. Represent that repairs have been performed when such is not

a fact; or

4. Represent that a motor vehicle or motor vehicle part being

diagnosed is in dangerous condition when such is not a fact.

SECTION 12. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1611 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. Except as provided in subsection B of this section, any

motor vehicle repair garage or any employee of such garage not

providing a written or oral estimate as required under Section 4 of

this act commits a misdemeanor and, upon conviction thereof, shall

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be punished by a fine of not less than One Hundred Dollars ($100.00)

and not more than One Thousand Dollars ($1,000.00).

B. Any motor vehicle repair garage or any employee of such

garage who violates Section 10 of this act commits a misdemeanor

and, upon conviction thereof, shall be punished by a fine of not

less than Five Hundred Dollars ($500.00) and imprisonment of not

more than one (1) year or by both.

C. 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 three times his 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 One

Hundred Fifty Dollars ($150.00). The customer shall first demand

his damages from the motor vehicle repair garage at least ten (10)

days prior to the filing of any such action, exclusive of Saturday,

Sunday, and any legal holiday.

SECTION 13. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 1612 of Title 47, unless there

is created a duplication in numbering, reads as follows:

A. A motor vehicle repair garage which is entitled to a lien

under Section 142 et seq. of Title 42 of the Oklahoma Statutes for

motor vehicle repairs and which has released the motor vehicle upon

receipt of payment for such repairs in the form of a check, draft,

or order for the payment of money upon any bank, depository, person,

firm, or corporation shall be entitled to the restoration of the

lien if the check, draft, or order is not honored for full payment

or is dishonored upon its presentment and if the maker, issuer, or

drawer fails, within twelve (12) days after receiving notice from

the motor vehicle repair garage of nonpayment or dishonor, to pay

the check, draft, or order. Restoration of such lien shall entitle

the motor vehicle repair garage to regain possession of the motor

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vehicle. In regaining possession, the motor vehicle repair garage

may proceed without judicial process if this can be done without

breach of the peace or may proceed by action.

B. "Notice", as used in subsection A of this section, means

notice given to the person entitled thereto, either in person or in

writing. Such notice in writing shall be conclusively presumed to

have been given when deposited by registered or certified mail,

return receipt requested and postage prepaid, in the United S tates

mail and addressed to such person at his address as it appears on

the invoice or such check, draft, or order.

SECTION 14. This act shall become effective September 1, 1991.

43-1-5337 MMS