Automotive repair facility display and recordkeeping requirements

Download 20.45 Kb.
Size20.45 Kb.
Automotive repair facility display and recordkeeping requirements.
(a) An automotive repair facility shall prominently display and have available for inspection the following documentation, in the common areas of its business premises:
(1) A valid and current automotive repair facility license;
(2) A valid certificate of occupancy;
(3) A repair estimate form;
(4) All labor and storage costs;
(5) If applicable, a certificate of registration; and
(6) If applicable, a storage lot license.
(b) An automotive repair facility shall be required to maintain a record of each repair estimate and final invoice provided to a vehicle owner or authorized agent for two years following the date such estimate is provided to the vehicle owner or authorized agent.
(c) If the repair work performed on a motor vehicle will exceed $100, the automotive repair facility shall obtain the vehicle owner’s or the authorized agent’s signature or a facsimile or electronic signature thereof on a repair estimate prior to initiating any repair on the motor vehicle.
Many vehicles arrive at our shops with charges due in order to take possession of them when the owner is not present. Do we need to get the customer written authorization prior to paying the charges due on the vehicle? Most tow truck operators will not allow enough time for written authorization (which could take hours or days) and will return the vehicle to a storage lot. This will increase the fees due and start the authorization process all over again. The max chargeable fee without written authorization is less than the city tow fee. This will prove to be very problematic to repair shops and vehicle owners.

(d) A repair estimate, or attachments thereto, prepared pursuant to this section shall contain the following information:

  1. The name, address and telephone number of the automotive repair facility;

  1. The name, address and telephone number of the vehicle owner and of any authorized agent identified by the vehicle owner;

  1. The date and time of the estimate;

  1. The year, make, model, odometer reading and license plate number of the motor vehicle;

  1. The estimated number of days to complete the authorized repairs;

  1. A description of the vehicle owner’s or authorized agent’s request for repairs to or concerns about the motor vehicle;

  1. The estimated labor charges based on a flat rate, an hourly rate, or a combination of the two;

  1. An itemized estimate of the repair costs;

  1. Charges for shop supplies or for hazardous or other waste removal;

  1. Charges for daily storage of the motor vehicle;

  1. The terms of any parts and service guarantees; and

  1. A space for an initialed notation indicating whether the vehicle owner or authorized agent requests the return of replacement parts. The automotive repair facility shall return replacement parts to the vehicle owner or authorized agent within a period of time not to exceed five business days from the date of a request made pursuant to this provision.

(e) In the event that the cost of repairs exceeds the total amount of the estimate authorized by the vehicle owner or authorized agent pursuant to this section, then prior to completing such repairs, the automotive repair facility shall obtain written approval (which may be in electronic or facsimile form) from the vehicle owner or an authorized agent.

I currently have a $1100 dollar repair with 4 supplements due to the insurance company’s unwillingness to improve our original estimate which the repairs have now reached. This would have required 4 separate signed authorizations because of the insurance company.

(f) It shall be unlawful for any automotive repair facility or employee thereof to:

  1. Make repairs or charge for repairs that have not been expressly authorized in writing (which may be in electronic or facsimile form) by the vehicle owner or an authorized agent;

  1. Misrepresent the condition of a motor vehicle;

  1. Misrepresent that repairs have been made to a motor vehicle;

  1. Misrepresent that certain parts and repairs are necessary to repair a motor vehicle;

  1. Misrepresent that the motor vehicle being inspected or diagnosed is in a dangerous condition or that the vehicle owner's continued use of the motor vehicle may be harmful or cause great damage to the motor vehicle;

  1. Fraudulently alter any vehicle owner contract, estimate, invoice, or other document;

  1. Fraudulently misuse any vehicle owner's credit card or credit card information;

  1. Make or authorize in any manner or by any means a written or oral statement which is untrue, deceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive or misleading;

  1. Make false promises of a character likely to influence, persuade, or induce a vehicle owner to authorize the repair, service, or maintenance of a motor vehicle;

Insurers use 8 & 9 daily to steer consumers to their preferred repair shops and now extended warranty companies are starting to use these same tactics. The must be held to the same standards as repair shops. Violations must hold a stiff fine.

  1. Substitute used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the vehicle owner and to the vehicle owner’s insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the automotive repair facility;

This reference to the insurance company needs to be removed. The insurer is obligated to cover the cost of returning the property to its pre-loss condition. Should the vehicle owner choose to use a cheaper part in the repairs of their vehicle, it’s their choice and does not require the insurance company’s permission.

  1. Cause or allow a vehicle owner to sign any repair estimate that does not itemize the repairs requested by the vehicle owner or include the motor vehicle's odometer reading at the time of repair;

  1. Fail to provide a vehicle owner a copy of any document requiring the vehicle owner's or authorized agent’s signature upon completion or cancellation of the repair work;

  1. Subcontract repair work without the knowledge or consent of the vehicle owner unless the automotive repair facility or employee thereof demonstrates that the vehicle owner could not reasonably have been notified;

  1. Conduct the business of motor vehicle repair in a location other than that stated on the automotive repair facility license; or

The city needs to look at Progressive insurance company’s concierge repair program prior to including this because I believe they would be in violation of this section of the ordinance. They operate claims centers where they partially disassembly vehicles in order to complete their estimates. Then subcontract the work to repair facilities around them.

  1. Rebuild or restore a rebuilt motor vehicle without the knowledge of the vehicle owner in such a manner that it does not conform to the original motor vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year, unless first obtaining a written acknowledgment and waiver of this requirement that is signed by the vehicle owner or an authorized agent.

I understand why this was put into the ordinance but without substantial enforceable fines for both shops and insurers, this practice will continue and therefore should be removed. Insurance companies require the use of parts which will void sections of the manufacture’s new vehicle warranty every day. They hide behind three words in the states insurance code “fair and reasonable”. This phrase is undefined and leaves too much to interpretation. The above phrase “allowable tolerances” will also be indefinable as it relates to this ordinance.

(g) It shall be unlawful for any authorized agent or employee thereof to commit any act prohibited by Section 1952.302 of the Texas Insurance Code in connection with the repair of damage to a motor vehicle covered under an automobile insurance policy.

Any person found violating the above mention code should be personally fined by the city. When the insurance employee is held liable for their actions, they will stop violating the code because their boss/employer instructed them to.

(h) Any record required to be maintained under this section shall be kept in written book form or in an electronic recordkeeping system.

Download 20.45 Kb.

Share with your friends:

The database is protected by copyright © 2024
send message

    Main page