H. B. 2964
(By Delegate Fletcher, Staton, Capito, Faircloth, Mahan
and Martin)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend chapter forty-six-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-g, relating to
consumer protection motor vehicle repairs; legislative
declaration; providing definitions; requiring that motor
vehicle repair shops provide estimates of the cost to repair
a motor vehicle to the customer prior to commencement of
repairs; requiring approval of the estimate of repair by the
customer prior to commencement of repairs; providing for
revised estimates upon determination that the cost of repair
will exceed the original estimate; liability of customer for
the cost of repairs; enforceability of lien for repair;
availability of other remedies; violation of article an
unfair method of competition or deceptive act or practice;
and providing penalty.
Be it enacted by the Legislature of West Virginia:
That chapter forty-six-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article six-g, to read
as follows:
ARTICLE 6G. CONSUMER PROTECTION--MOTOR VEHICLE REPAIRS.
§46A-6G-1. Legislative declaration.
The Legislature hereby finds and declares as a matter of
public policy that the purposes of this article are to require
disclosure to motor vehicle owners of an estimate of the cost of
repairs to their motor vehicle and approval to proceed with the
repair based upon the estimate prior to the commencement of
repair to their motor vehicle and to prevent motor vehicle
repair shops from charging a fee for repairs over and above
twenty percent of the estimate of repair approved by the
customer.
§46A-6G-2. Definitions.
As used in this article, the following terms shall have the
meaning defined:
(a) "Customer" means the owner or lessee of a motor vehicle;
(b)"Motor vehicle repair shop" means any person or business
establishment that repairs motor vehicles;
(c) "Motor vehicle" has the meaning stated in section one,
article one, chapter seventeen-a of this code; and
(d) "Repairs" means the providing of labor, parts or
materials in the process of repairing, improving or altering a
motor vehicle.
§46A-6G-3. Motor vehicle repair estimates required; approval of
estimates prior to commencement of repairs; liability of customer for unapproved repairs; enforceability of lien for repairs.
(a) Motor vehicle repair shops shall provide a customer a
written estimate of the cost of repairs requested by a customer
to a motor vehicle. The customer shall give the motor vehicle
repair shop written approval to proceed with the repair prior to
the commencement of the repair.
(b) If, during the course of performing a repair, the motor
vehicle repair shop determines that the actual cost of the repair
will exceed the original estimate of the repair by more than
twenty percent, the motor vehicle repair shop shall notify the
customer of the revised estimate of the cost of repair prior to
proceeding with the repair. The motor vehicle repair shop may
not proceed with the repair until the customer has been given a
revised estimate of the cost of repair and the customer has given
the motor vehicle repair shop approval to proceed with the repair
based upon the revised estimate. Revised estimates of repair and
customer approval to proceed with a repair based upon a revised
estimate shall be made in writing, unless the customer agrees in writing at the time of accepting the original written estimate
that the revised estimates and customer approvals to proceed may
be made orally. Oral revised estimates and subsequent customer
approvals shall be recorded by written memorandum by the motor
vehicle repair shop.
(c) A customer is not liable to a motor vehicle repair shop
for any cost or fee charged for a repair that is in excess of one
hundred twenty percent of the estimate approved by a customer.
(d) No lien upon a motor vehicle for repairs pursuant to
article eleven, chapter thirty-eight of this code is enforceable
by a motor vehicle repair shop for any charges or fees for a
repair to a motor vehicle that are made in violation of this
section.
(e) This section may not be construed to replace or alter
any provision under article six or any other provision of this
chapter.
§46A-6G-4. Other remedies available.
This article does not:
(a) Prohibit a person from filing an action for damages
against a motor vehicle repair shop; or
(b) Require a person first to exhaust any administrative
remedy he or she may have.
§46A-6G-5. Violation of article an unfair method of competition or deceptive act or practice; penalty.
A violation of any provision of this article is an unfair or
deceptive act or practice within the meaning of section one
hundred two, article six of this chapter and is subject to the
enforcement and penalty provisions contained in this chapter.
NOTE: The purpose of this bill is to create a consumer
protection statute relating to motor vehicle repairs. Among
other things, it requires that motor vehicle repair shops provide
estimates of the cost to repair a motor vehicle to the customer
prior to commencement of repairs and requires approval of the
estimate of repair by the customer prior to commencement of
repairs. It also provides for revised estimates upon
determination that the cost of repair will exceed the original
estimate.
Article 6G is new; therefore, strike-throughs and
underscoring have been omitted.