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Public Act 093-0565


 

Public Act 93-0565 of the 93rd General Assembly


Public Act 93-0565

SB228 Enrolled                       LRB093 04543 LCB 04596 b

    AN ACT concerning automotive motor vehicle repair.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
Automotive Collision Repair Act.

    Section 5.  Purpose. With the  increased  complexity  and
technology  involved in the repair of collision-damaged motor
vehicles, there is a  need  for  improved  communication  and
accounting  between  collision  repair  businesses  and motor
vehicle  owners.   This  Act  enables  purchasers  of   these
services   to  make  informed  decisions  based  on  standard
practices by Illinois automotive collision repair businesses.

    Section 10. Definitions. As used in this Act:
    "Automotive collision and body repair" means all  repairs
that  are  commonly  performed by a body repair technician to
restore a motor vehicle damaged in an accident  or  collision
to  a  condition similar to the motor vehicle condition prior
to the damage or deterioration including, but not limited to,
the diagnosis, installation, exchange, repair, or refinishing
of exterior  body  panels,  trim,  lighting,  and  structural
chassis. The term does not include commercial fleet repair or
maintenance  transactions  involving 2 or more motor vehicles
or ongoing service or maintenance contracts  involving  motor
vehicles used primarily for business purposes.
    "Automotive  collision  and body repair facility" means a
person,  firm,   association,   or   corporation   that   for
compensation  engages  in  the  business  of cosmetic repair,
structural repair, or  refinishing  of  motor  vehicles  with
defect related to accident or collision.
    "New  part"  means  a  part  or component manufactured or
supplied by the original motor  vehicle  manufacturer  in  an
unused condition.
    "Used  part" means an original motor vehicle manufacturer
part or component removed from a  motor  vehicle  of  similar
make,  model,  and  condition  without  the  benefit of being
rebuilt or remanufactured.
    "Rebuilt part" or "reconditioned part" means a used  part
that   has  been  inspected  and  remanufactured  to  restore
functionality and performance.
    "Aftermarket  part"  means  a  new  part  that   is   not
manufactured  or  supplied  by  the  original  motor  vehicle
manufacturer  for  addition  to,  or replacement of, exterior
body panel or trim.

    Section 15.  Disclosure to consumers; estimates.
    (a)  No work for compensation that exceeds $100 shall  be
commenced  without  specific  authorization from the consumer
after the disclosure set forth in this Section.
    (b)  Every motor vehicle collision repair facility  shall
either  (i)  give  to each consumer a written estimated price
for labor and parts for  a  specific  repair  and  shall  not
charge  for  work  done  or  parts supplied in an amount that
exceeds the estimate by more than 10% without oral or written
consent from the consumer; or (ii) give to  each  consumer  a
written  price  limit  for each specific repair and shall not
exceed that limit without oral  or  written  consent  of  the
consumer.  The  estimate  shall  include  the  total costs to
repair the motor vehicle.
    Estimates shall include all charges to  be  paid  by  the
consumer  to  complete  the repair, including any charges for
estimates, diagnostics, storage, and administrative fees.
    (c)   Motor vehicle  collision  repair  facilities  shall
describe in the estimate the major parts needed to effectuate
the repair and shall designate the parts as either new parts,
used  parts,  rebuilt  or reconditioned parts, or aftermarket
parts as set forth in Section 10 of this Act.
    (d)  Estimates shall indicate that the  collision  repair
facility may use a combination of industry standard flat rate
(time)  manuals,  actual  time,  or  condition  of  the motor
vehicle to determine labor costs. This disclosure mandate may
also be fulfilled by means of a sign that provides  the  same
information  to  the  consumer. The sign shall be posted at a
location that can be easily viewed by the consumer.
    (e)  If it  is  necessary  to  disassemble  or  partially
disassemble  a  motor  vehicle  or motor vehicle component in
order to provide the consumer a written estimate for required
repairs, the estimate shall show the cost of any  disassembly
if  the consumer elects not to proceed with the repair of the
motor vehicle.
    (f)  The estimate shall include the date the estimate was
prepared or the date the motor vehicle was presented  to  the
collision repair facility for repair and the odometer reading
on  the  motor vehicle at the time the motor vehicle was left
with the collision repair facility.

    Section 20.  Notice of consumer's rights; estimate.  When
an  estimate  is  required  to  be presented to a consumer, a
collision repair facility shall disclose to  the  prospective
consumer  an  estimated  price  quotation  with the following
statement included or attached with the consumer's signature:
    "You are entitled to a price estimate for the repairs you
have authorized. The  repair  price  may  be  less  than  the
estimate   but  shall  not  exceed:  (1)  any  price  limited
estimate; or (2) any parts or labor  estimate  by  more  than
10%.  Additional  repairs  may  not be performed without your
consent.
    You may waive your right to notification, which gives the
collision repair facility the right to set the price  without
your permission. Your signature will indicate your selection.
    (a)  I  request  an  estimate in writing before you begin
repairs.
    Signature .......................
    (b)  Please proceed with repairs but call me for approval
before continuing if the price exceeds $..............
    Signature ......................
    (c)  I do not want an estimate and you may set the  price
of repairs.
    Signature ....................
    Date..............  Time.....................
    This  estimated  price  for  authorized  repairs  will be
honored if the motor vehicle is  delivered  to  the  facility
within  the  time  period  agreed  to by the consumer and the
collision repair facility."

    Section  25.  Estimated  price  insufficient.  If  it  is
determined that the estimated price is  insufficient  because
of  unforeseen  circumstances, the consumer's consent must be
obtained before the work estimated is done or parts estimated
are supplied. If the consumer's consent is  oral,  the  motor
vehicle  collision  repair  facility shall make a notation on
the work order or estimate and on the invoice  of  the  date,
time,  name of person authorizing the additional repairs, and
telephone  number   called,   if   any,   together   with   a
specification of the additional parts and labor and the total
additional cost.

    Section 30.  Consumers authorizations of repairs or other
actions.  After  receiving  the  estimate,  the  owner or the
owner's agent may (i) authorize the repairs at  the  estimate
of  cost  and  time in writing, or (ii) request the return of
the motor vehicle in a disassembled state.  If  the  consumer
elects  the  return of the motor vehicle in a disassembled or
partially repaired state, the consumer may also  request  the
return  of  all parts that were removed during disassembly or
repair with the exception of parts that were  damaged  in  an
accident  or  collision  to  the extent that retention by the
collision repair facility was  not  feasible.  The  collision
repair  facility  shall  make the motor vehicle available for
possession within 3 working days after the time  of  request.
The  collision  repair  facility may receive payment for only
those items on the schedule of charges to which the  facility
is entitled.

    Section   35.  Inability  to  deliver  motor  vehicle  to
facility during business hours. When the consumer  is  unable
to deliver the motor vehicle to the collision repair facility
during  business  hours,  and  the consumer has requested the
collision repair facility to take  possession  of  the  motor
vehicle  for  the purpose of repairing or estimating the cost
of repairing the motor vehicle, the collision repair facility
may not undertake the diagnosing or repairing of  any  damage
or  defects  to the motor vehicle for compensation unless the
collision repair  facility  has  complied  with  all  of  the
following conditions:
         (1)  The  collision  repair  facility has prepared a
    written estimate or a firm price quotation of  the  price
    for  labor  and  parts necessary to disassemble or repair
    the motor vehicle.
         (2)  By telephone or  otherwise,  the  consumer  has
    been given all of the material information on the written
    estimate  or  firm  price quotation, and the consumer has
    approved the written estimate or firm price quotation.
         (3)  The consumer has  given  his  or  her  oral  or
    written authorization to the collision repair facility to
    disassemble  or  make the repairs pursuant to the written
    estimate or firm price quotation.
    If the consumer's authorization is  oral,  the  collision
repair  facility  shall make, on both the written invoice and
the estimate or firm price quotation, a notation of the  name
of  the  person  authorizing the repairs, the date, the time,
and the telephone number called, if any. Any charge for parts
or  labor  in  excess  of  the  original  estimate  must   be
separately   authorized   by  the  consumer  as  provided  in
subsection (b) of Section 15 and in Section 25.

    Section 40.  Disclosures to consumers; invoices.
    (a)  On  completion  of  repairs,  the  collision  repair
facility shall provide the consumer with an  accurate  record
in  the form of a final estimate or invoice. An estimate that
is stamped "invoice" may be deemed the same  as  an  itemized
invoice.  The  final  estimate  or  invoice  shall accurately
record in writing all of the items set forth in this Section.
    (b)  The  invoice  shall  show   the   collision   repair
facility's  business  name  and  address,  the  date  of  the
invoice,  the odometer reading at the time the final estimate
or invoice was prepared, the name of the consumer,  and   the
description of the motor vehicle including the  motor vehicle
identification  number  (VIN). In addition, the invoice shall
describe  all  repair  work  done  by  the  collision  repair
facility, including all warranty work, and  shall  separately
identify (i) each major part supplied in a manner so that the
consumer can identify the part as one described in Section 10
of this Act, and (ii) the total price charged for all charges
including,  but  not limited to, parts, labor, and sales tax.
The invoice or final estimate shall  itemize  any  additional
charges  and  include those charges in the total presented to
the consumer.
    (c)  A legible copy of  the  invoice  or  final  estimate
shall  be  given  to the consumer and a legible copy shall be
retained by the collision repair facility for a period  of  2
years  from  the  date  of  repair as a part of the collision
repair  facility's  records,  which  may   be   retained   in
electronic  format.  Records  may  be  stored  at  a separate
location.

    Section    45.  Consumer     disclosures;     guarantees;
warranties.
    (a)  If  a  collision repair facility provides a warranty
on repair  parts  and  labor,  the  facility  shall  put  the
warranty  in writing and give a legible copy to the consumer.
The  consumer's  copy  of  the  warranty  must  contain   the
following:
         (1)  The   nature   and   extent  of  the  warranty,
    including a description of parts and service included  in
    or excluded from the warranty.
         (2)  The   duration   of   the   warranty   and  the
    requirements to be performed by the warrantee before  the
    warrantor will fulfill the warranty.
         (3)  All  conditions and limitations of the warranty
    and the manner in which the warrantor  will  fulfill  the
    warranty, such as by repair, replacement, or refund.
         (4)  Any options of the warrantor or warrantee.
         (5)  The warrantor's identity and address.
    (b)  When repair or diagnostic work is performed pursuant
to  a  warranty,  a  collision  repair facility shall give an
estimate of the time to complete repairs.

    Section 50.  Consumer disclosures; required signs.  Every
motor vehicle repair facility shall post in a prominent place
on  the  business premises one or more signs, readily visible
to customers, in the following form:

YOUR CUSTOMER RIGHTS. UNLESS THE  FACILITY  PROVIDES  A  FIRM
PRICE QUOTATION, YOU ARE ENTITLED BY LAW TO:
 1.  A  WRITTEN ESTIMATE FOR REPAIRS THAT WILL COST MORE THAN
$100 UNLESS ABSENT FACE-TO-FACE CONTACT (SEE ITEM 3 BELOW).

 2.  AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS  THAT  EXCEED
THE  ESTIMATED  TOTAL  PRE-SALES-TAX COST BY MORE THAN 10% OR
THAT EXCEED THE LIMITED PRICE ESTIMATE.

 3.  AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR MOTOR
VEHICLE IS LEFT WITH THE COLLISION  REPAIR  FACILITY  WITHOUT
FACE-TO-FACE  CONTACT  BETWEEN  YOU  AND THE COLLISION REPAIR
FACILITY PERSONNEL.

IF YOU HAVE AUTHORIZED A REPAIR IN ACCORANCE WITH  THE  ABOVE
INFORMATION,  YOU  ARE  REQUIRED  TO PAY FOR THE COSTS OF THE
REPAIR PRIOR TO TAKING THE VEHICLE FROM THE PREMISES.

    The first line of each sign shall be in letters not  less
than  1.5  inches in height, and the remaining lines shall be
in letters not less than 0.5 inch in height.

    Section  55.  Recordkeeping.   Every   collision   repair
facility  shall  maintain  copies of estimates for contracted
work and all invoices. The copies may  be  maintained  in  an
electronic  format,  shall  be kept for 2 years, and shall be
available for inspection by the Attorney General.

    Section 60.  Removal of motor vehicle from facility. Upon
reasonable notice and during the collision repair  facility's
business  hours, a consumer may remove a motor vehicle from a
collision repair facility upon paying for the following:
         (1)  Labor actually performed.
         (2)  Parts actually installed.
         (3)  Parts ordered specifically for  the  consumer's
    car  if  the order is not cancelable or the parts are not
    returnable for cash or credit.
         (4)  Storage and administrative charges  imposed  in
    accordance  with  the  schedule of charges if posted on a
    sign within the shop or otherwise disclosed to  consumers
    prior to repairs.

    Section  65.  Lien  barred.  A  collision repair facility
that fails to comply with Section 15, 20, 25, 30, 35, 40, 45,
50, 55, or 60  is  barred  from  asserting  a  possessory  or
chattel  lien  for  the  amount  of the unauthorized parts or
labor upon the motor vehicle or component.

    Section 70.  Unlawful acts  or  practices.  Each  of  the
following  acts  or practices is unlawful when committed by a
motor vehicle collision repair facility:
         (1)  Advertising   in   a   false,   deceptive,   or
    misleading manner.
         (2)  Charging a consumer for parts not delivered  or
    installed  or  a labor operation or repair procedure that
    has not actually been performed.
         (3)  Unauthorized operation of  a  consumer's  motor
    vehicle for purposes not related to repair or diagnosis.
         (4)  Failing  or  refusing  at  the  time of sale to
    provide a consumer, upon request, a copy at no charge, of
    any document signed by the consumer.
         (5)  Retaining duplicative  payment  from  both  the
    consumer  and  warranty  or  insurance  proceeds, but not
    limited to, for the  same  covered  component,  part,  or
    labor in excess of collision repair facility final repair
    charges.
         (6)  Charging  a  consumer  for unnecessary repairs.
    For purposes of  this  paragraph,  "unnecessary  repairs"
    means  those  repairs  for  which there is not reasonable
    basis for performing  the  service.  A  reasonable  basis
    includes:  (i) that the repair service is consistent with
    specifications established by law or the manufacturer  of
    the  motor  vehicle,  component,  or  part; (ii) that the
    repair  is  in  accordance  with  usual   and   customary
    practices;  (iii)  that  the  repair was performed at the
    specific request of the consumer after the recommendation
    is not in accordance with manufacturer or accepted  trade
    practices;  or  (iv) that the repair is at the consumer's
    request.
         (7)  Misrepresenting  the  terms  of   a   warranty,
    guarantee, or service agreement.
         (8)  Altering  a motor vehicle to create a condition
    requiring repair.
         (9)  Failing to  honor  a  warranty,  guarantee,  or
    service  agreement to which the collision repair facility
    is party.
         (10)  Charging or receiving payment for repairs  not
    authorized  by the consumer under Section 15, 20, 25, 30,
    35, 40, 45, 50, 55, or 60.
         (11)  A pattern or  practice  of  preparing  written
    estimates underestimating the final costs of repairs.

    Section 75.  Violations. Whenever an automotive collision
repair  facility  is  knowingly  engaged  in or has knowingly
engaged in a persistent practice or pattern of conduct  at  a
single  location  that  violates  this  Act, that, knowingly,
persistent practice or pattern of conduct shall be deemed  an
unlawful  act  or  practice  under  the  Consumer  Fraud  and
Deceptive  Business  Practices  Act.  In the case of knowing,
persistent practice, or pattern  of  conduct,  all  remedies,
penalties,  and  authority  available to the Attorney General
and the several State's Attorneys under  the  Consumer  Fraud
and  Deceptive  Business Practices Act for the enforcement of
that Act shall be available for the enforcement of this Act.

    Section 80.  Exemptions.  This  Act  does  not  apply  to
facilities covered by the Automotive Repair Act.

    Section  800.  The  Automotive  Repair  Act is amended by
adding Section 83 as follows:

    (815 ILCS 306/83 new)
    Sec.  83.  Exemptions.   This  Act  does  not  apply   to
automotive collision and body repair facilities as defined in
the Automotive Collision Repair Act.

Effective Date: 1/1/2004