TITLE 5

Businesses and Professions

CHAPTER 5-38.3

Motor Vehicle Repair Shop Act

SECTION 5-38.3-2



   § 5-38.3-2  Definitions. –

As used in this chapter:



   (1) "Consumer protection unit" means the consumer protection

unit of the department of the attorney general.



   (2) "Day" means calendar day except that if the last day is a

Saturday, Sunday, or holiday there is an extension of time to the conclusion of

the next business day.



   (3) "Deceptive practice" means a deceptive act or practice as

defined in chapter 13.1 of title 6.



   (4) "Diagnostic center" means a business, which examines

motor vehicles to determine the cause or location of malfunctions in motor

vehicles.



   (5) "Documentary material" means the original or a copy of

any book, record, report, memorandum, paper, communication, tabulation, map,

chart, photograph, mechanical transcription, or other tangible document or

recording wherever situate.



   (6) "Estimate" means the repair shop's determination of the

cost of parts and the cost of labor needed to perform offered services. If a

teardown is needed to determine the services required to repair a motor vehicle

malfunction, the estimate, which includes the cost of teardown and reassembly,

shall clearly state that the estimate does not include the cost of repairs.



   (7) "Examination" of documentary material includes the

inspection, study, or copying of any documentary material, and the taking of

testimony, under oath or acknowledgement, in respect of any documentary

material or copy of documentary material.



   (8) "Flat rate" means relevant time allocated to a job as

indicated in the manual used. These times may differ from actual time.



   (9) "Guarantee" means an obligation undertaken by a repair

shop to re-repair a vehicle at no charge, or at a reduced charge, for parts or

labor or both.



   (10) "Invoice" means a bill, in writing, listing the details

of the transaction between the repair shop and the customer as required by this

part.



   (11)(i) "Motor vehicle" means every vehicle operated or

driven upon a public highway which is propelled by any power other than

muscular power, except:



   (A) Electrically-driven mobility assistance devices operated

or driven by a person with a disability;



   (B) Vehicles which run only upon rails or tracks;



   (C) Snowmobiles;



   (D) Farm type tractors and all terrain vehicles used

exclusively for agricultural purposes; and



   (E) Towed vehicles designed and primarily used for some

purpose other than transporting people or property.



   (ii) The term "motor vehicle" excludes fire and police

vehicles other than ambulances.



   (12) "Motor vehicle repair shop" or "repair shop" means any

person who, for compensation, is wholly or partially engaged in the business of

repairing or diagnosing motor vehicle malfunctions, except that these terms do

not include:



   (i) Any employee of a motor vehicle repair shop who engages

in the business of repairing motor vehicles solely by reason of his or her

employment;



   (ii) Any person who is solely engaged in the business of

repairing the motor vehicles of a single commercial or industrial

establishment, or of the federal, state, or local government or any agency

thereof;



   (iii) Any person whose activities consist solely of fueling,

changing oil, water, batteries or tires, replacing fan belts, air filters or

oil filters, installing windshield wiper blades or light bulbs, or other minor

repair and servicing functions that the director by rule prescribes;



   (iv) Any person solely engaged in the business of repairing

farm or road building machines, or any other utility vehicles that the director

may by regulation designate;



   (v) Any person who is governed by the provisions of chapters

5 and 5.1 of title 31.



   "Motor vehicle repair shop" shall also include any shop,

drive-in station, or garage operated by any person, firm, corporation, or

association at which motor vehicles are inspected for the purposes of

appraising, evaluating, or estimating the cost of motor vehicle repairs, and

the repairs are actually performed.



   (13) "Reasonable fee for making an estimate" means an amount

based on no more than the shop's labor charge, calculated by clock hours, or

one dollar ($1.00), whichever is greater.



   (14) "Repair" means any alteration or adjustment to a motor

vehicle, or diagnoses of a malfunction.



   (15) "Timely written demand" means a request, in writing,

made to the repair shop operator by the customer before any work is done on the

vehicle.



   (16) "Trade" and "commerce" mean the advertising, offering

for sale, sale, or distribution of any services and any property, tangible or

intangible, real, personal, or mixed, and any other article, commodity, or

thing of value wherever situated, and includes any trade or commerce directly

or indirectly affecting the people of this state.



   (17) "Warranty" means a promise made by a manufacturer that a

vehicle will be repaired at no charge, or at a reduced charge, for parts or

labor or both.



   (18) "Work order" means an authorization, either oral or

written, on the part of the customer for the repair shop to perform a service.



History of Section.

(P.L. 1994, ch. 371, § 1.)