HB-4344, As Passed House, May 31, 2016
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4344
A bill to amend 1974 PA 300, entitled
"Motor vehicle service and repair act,"
by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302,
257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311,
257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317,
257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330,
257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2
and 10 as amended by 2016 PA 33, section 2a as added and sections
18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended
by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 7g,
10b, 13a, 13b, and 32a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Administrator" means the secretary of state or any
3 individual designated by the secretary of state to act in his or
4 her place.
5 (b) "Advertise" means to advise, announce, apprise, command,
6 give notice of, inform, make known, or publish any material that
7 calls to the attention of the public the availability of parts and
9 (c) "Approved educational institution" means a school,
10 academy, or other similar establishment approved by the
11 administrator under section 13a to provide training to mechanics or
12 mechanical trainees under this act.
13 (d) "Automobile or light truck" means a motor vehicle that has
14 a gross vehicle weight of less than 10,000 pounds.
mechanic" means a specialty mechanic who holds
16 a certification from the department under section 10 to perform
17 BAIID service.
service" means the installation, removal,
19 repair, or other servicing of breath alcohol ignition interlock
alcohol ignition interlock device" or "BAIID"
22 means that term as defined in section 20d of the Michigan vehicle
23 code, 1949 PA 300, MCL 257.20d.
24 (h) "Contract" means a written or oral agreement, or a similar
25 understanding or arrangement, in which a person agrees that another
26 person will perform work, labor, diagnosis, repair, reconditioning,
27 replacement, adjustment, or alteration, directly or indirectly, on
1 a motor vehicle.
2 (i) "Customer" means the owner or operator of a motor vehicle.
means the department of state.
(f) "Master mechanic" means a motor vehicle mechanic or
specialty mechanic who is certified by the department under this
act in all of the specific repair or service categories described
in section 10(1).
(g) "Motor vehicle" means a vehicle that is
vehicle that is propelled by electric power, a motorcycle, or a
trailer, as those terms are defined in the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923. For the purposes of this act, a
motor vehicle does not include the dwelling or sleeping portions of
a motor home, trailer, or any recreational vehicle that has similar
facilities that are not directly connected with the drive mechanism
of the vehicle or other areas of repair that would require
certification of motor vehicle mechanics as specified in this act
or rules promulgated under this act.
(h) "Motor vehicle mechanic" means a technician or
individual who, for compensation, repairs motor vehicles, including
the reconditioning, replacement, adjustment, or alteration of the
operating condition, of any component or subassembly of a motor
(i) "Mechanic trainee" means an individual who desires
become a motor vehicle mechanic, a specialty mechanic, or a master
mechanic and receives a permit from the administrator under this
(j) "Motor vehicle repair facility" means a place of
that, for compensation, is engaged in the business of performing,
or employs individuals who perform, maintenance, diagnosis, vehicle
body work, repair service, or, beginning July 1, 2016, BAIID
service, on a motor vehicle for compensation. The term does not
include any of the following:
( i ) An
individual who engages only in the business of
repairing the motor vehicles of a single commercial or industrial
establishment or governmental agency.
( ii ) An
individual who is repairing his or her own or a family
( iii ) A
business that does not diagnose the operation of a
motor vehicle, does not remove parts from a motor vehicle to be
remachined, and does not install finished machined or remachined
parts on a motor vehicle, not including a motor vehicle repair
facility that engages in the business of performing or employing
persons who perform vehicle body work.
( iv ) A
BAIID facility described in section 625k(14)(d) of the
Michigan vehicle code, 1949 PA 300, MCL 257.625k.
(k) "Specialty mechanic" means a motor vehicle mechanic
certified by the department for a specific repair or service
category or categories described in section 10(1).
22 (k) "Distressed vehicle" means that term as defined in section
23 12a of the Michigan vehicle code, 1949 PA 300, MCL 257.12a.
24 (l) "Estimate" means a written statement that itemizes as
25 closely as possible the price for labor, by showing the labor price
26 per hour, the number of hours required to perform the work, and the
27 price of parts necessary for a specific repair.
1 (m) "Facility" or "motor vehicle repair facility" means a
2 place of business that is required to register under this act and
3 that, for compensation, is engaged in the business of performing,
4 or employs individuals who perform, maintenance, diagnosis, vehicle
5 body work, or repair service, or, beginning July 1, 2016, BAIID
6 service, on a motor vehicle. The term does not include any of the
8 (i) A person that engages only in the business of repairing
9 the motor vehicles of a single commercial or industrial
10 establishment or governmental agency.
11 (ii) An individual who is repairing his or her own or a family
12 member's motor vehicle.
13 (iii) A business that does not diagnose the operation of a
14 motor vehicle, does not remove parts from a motor vehicle to be
15 remachined, and does not install finished machined or remachined
16 parts on a motor vehicle. This subparagraph does not apply to a
17 motor vehicle repair facility that engages in the business of
18 performing, or employing individuals who perform, vehicle body
20 (iv) A BAIID facility described in section 625k(14)(d) of the
21 Michigan vehicle code, 1949 PA 300, MCL 257.625k.
22 (n) "Heavy-duty truck" means a motor vehicle that has a gross
23 vehicle weight of 10,000 pounds or more and includes both single-
24 unit and combination tractor trailer or tractor semitrailer
26 (o) "Late model vehicle" means that term as defined in section
27 24b of the Michigan vehicle code, 1949 PA 300, MCL 257.24b.
1 (p) "Lien" means a security interest in or other encumbrance
2 on a motor vehicle. The term includes a security interest created
3 by agreement, a judicial lien obtained by legal or equitable
4 process or proceedings, a common-law lien, or a statutory lien on a
6 Sec. 2a. As used in this act:
(a) "Distressed vehicle" means that term as defined in
12a of the Michigan vehicle code, Act No. 300 of the Public Acts of
1949, being section 257.12a of the Michigan Compiled Laws.
(b) "Facility" means a motor vehicle repair facility.
(c) "Late model vehicle" means that term as defined in
24b of Act No. 300 of the Public Acts of 1949, being section
257.24b of the Michigan Compiled Laws.
component part" means 1 any
of the following
15 parts of a motor vehicle:
16 (i) The engine.
17 (ii) The transmission.
18 (iii) The right or left front fender.
19 (iv) The hood.
20 (v) A door
allowing that allows entrance to or egress from the
21 passenger compartment of the vehicle.
22 (vi) The front or rear bumper bar.
23 (vii) The right or left rear quarter panel.
24 (viii) The deck lid, tailgate, or hatchback.
25 (ix) The trunk floor pan.
26 (x) The cargo box of a pickup.
27 (xi) The frame, or if the vehicle has a unitized body, the
supporting structure or structures that serve as the frame.parts
2 identified by the motor vehicle manufacturer as structural
4 (xii) The cab of a truck.
5 (xiii) The body of a passenger vehicle.
6 (xiv) Airbags and seatbelts.
7 (b) "Master mechanic" means any of the following:
8 (i) A motor vehicle mechanic or specialty mechanic who is
9 certified by the department under this act in all of the specific
10 repair or service categories applicable to automobiles or light
11 trucks described in section 10(5).
12 (ii) A motor vehicle mechanic or specialty mechanic who is
13 certified by the department under this act in all of the specific
14 repair categories applicable to heavy-duty trucks described in
15 section 10(6).
16 (iii) A master motorcycle mechanic who is certified by the
17 department to engage in motorcycle repair and is described in
18 section 10b(5).
19 (iv) A recreational trailer mechanic who is certified by the
20 department to engage in the installation, service, and repair of
21 recreational vehicle equipment and is described in section 10b(6).
22 (c) "Material fact" means a fact that is used by a person as a
23 premise on which a conclusion is based.
24 (d) "Mechanic trainee" means an individual who desires to
25 become a motor vehicle mechanic, a specialty mechanic, or a master
26 mechanic and receives a permit from the administrator under this
1 (e) "Minor repair services" means lubrication; oil changes;
2 installing, changing, or otherwise servicing the antifreeze or
3 other coolant; body repairing, except for unitized body structural
4 repair; or the replacement, adjustment, repair, or servicing of any
5 of the following parts and assemblies:
6 (i) Air cleaner element.
7 (ii) Accessory drive belt.
8 (iii) Air pump hose.
9 (iv) Twelve-volt battery.
10 (v) Ground cable for 12-volt battery.
11 (vi) Hold-down strap for 12-volt battery.
12 (vii) Positive cable for 12-volt battery.
13 (viii) Battery-to-starter relay cable for 12-volt battery.
14 (ix) Crankcase vent air cleaner.
15 (x) Crankcase vent air cleaner hose.
16 (xi) Engine oil filter.
17 (xii) Exhaust pipe, muffler, catalytic converter, or tail pipe
18 and associated attaching parts.
19 (xiii) Fuel filter.
20 (xiv) Fuel line flex hose or line.
21 (xv) Fuel tank, except for a tank that contains a fuel pump.
22 (xvi) Fuse.
23 (xvii) Heater hose.
24 (xviii) Horn.
25 (xix) Idler pulley, adjust only.
26 (xx) Ignition coil output wire.
27 (xxi) Lightbulb or headlamp.
1 (xxii) Motor or transmission mount.
2 (xxiii) Ornamental accessories.
3 (xxiv) Positive crankcase ventilation control valve.
4 (xxv) Radiator.
5 (xxvi) Radiator hose, upper or lower.
6 (xxvii) Radiator reserve tank.
7 (xxviii) Rear spring, leaf or coil, except a MacPherson strut-
8 type assembly.
9 (xxix) Shock absorber that is not built in combination with
10 other parts of the suspension.
11 (xxx) Analog speedometer.
12 (xxxi) Vapor canister hose.
13 (xxxii) Wheel, except alignment.
14 (xxxiii) Windshield washer hose.
15 (xxxiv) Windshield washer tank.
16 (xxxv) Wiper blade.
17 (f) "Motor vehicle" means a vehicle that is self-propelled, a
18 vehicle that is propelled by electric power, a motorcycle, or a
19 trailer as those terms are defined in the Michigan vehicle code,
20 1949 PA 300, MCL 257.1 to 257.923. The term does not include the
21 dwelling or sleeping portions of a motor home, trailer, or any
22 recreational vehicle that has similar facilities that are not
23 directly connected with the drive mechanism of the vehicle or other
24 areas of repair that would require certification of motor vehicle
25 mechanics under this act or rules promulgated under this act.
26 (g) "Motor vehicle mechanic" means a technician or other
27 individual who, for compensation, repairs motor vehicles, including
1 the reconditioning, replacement, adjustment, or alteration of the
2 operating condition, of any component or subassembly of a motor
4 (h) "Person" means an individual, corporation, limited
5 liability company, partnership, association, or any other legal
6 entity. The term includes a motor vehicle repair facility.
7 (i) "Recreational trailer" means a travel trailer, camper
8 trailer, or other special purpose or utility trailer or semitrailer
9 designed or intended to be drawn on the highway by an automobile or
10 light truck that has a gross towing vehicle weight of less than
11 10,000 pounds.
12 (j) "Repair" means the reconditioning, adjustment, alteration,
13 maintenance, or diagnosis of the operating condition of a motor
14 vehicle, with or without the replacement of any component or
15 subassembly of a motor vehicle, for compensation or under the terms
16 of a warranty.
17 (k) "Repair category" means a category of motor vehicle repair
18 work, listed in section 10b, that certification under this act is
19 required to perform.
20 (l) "Representation" means a statement made by a facility to a
21 customer in regard to some past, present, or future fact,
22 circumstance, or set of facts pertinent to a contract.
part" means a major component part of a
24 late model vehicle or a vehicle manufactured in the current model
25 year, if the part can be reused.
26 (n) "Specialty mechanic" means a motor vehicle mechanic who is
27 certified by the department for a specific repair or service
1 category or categories described in section 10(1).
body work" means the business or activity of
3 repairing physical damage to a motor vehicle by repairing, mending,
4 straightening, or replacing a major component part, except for the
5 engine or transmission.
6 (p) "Warranty" means a guarantee given by a motor vehicle
7 repair facility, in writing or by implication, of the
8 merchantability, of the integrity of the subject of a contract, or
9 of the responsibility of the person that makes the warranty for the
10 replacement or repair of defective parts or services, or both,
11 assuring performance, product, or conditions as promised or
12 declared by the person that makes the warranty.
13 Sec. 3. Unless the means of doing or engaging in a motor
14 vehicle repair business including the operating of a motor vehicle
15 repair facility is adopted for the purposes of evading this act,
16 and except as otherwise provided in this act, this act
17 not apply to gasoline service stations exclusively engaged in the
18 business of selling motor fuel and lubricants.
A person or facility
providing minor services, including but not limited to: the
changing or installing of light bulbs, tires, lamp globes,
batteries, air filters, oil filters, windshield wiper blades, fan
or power assist belts or lubrication or oil changes and other minor
or ornamental accessories or However, a person, including a
24 gasoline service station, that provides minor repair services or
25 activities incidental to the business of selling motor fuel and
26 lubricants is
hereby declared a motor vehicle repair facility
27 is subject to this act, except that
those employees performing only
minor repairs need not be certified an employee of the person may
2 perform minor repair services without a certification or permit
3 from the department under this act.
4 Sec. 7.
A person subject to this act shall not engage or
attempt to engage in a method, act, or practice which is unfair or
vehicle repair facility that is subject to this
7 act, or a person that is an owner or operator of a motor vehicle
8 repair facility that is subject to this act, shall not, directly or
9 through an agent or employee, do any of the following:
10 (a) Enter into a contract with a customer that uses a waiver
11 to circumvent or evade this act.
12 (b) Enter into a contract that takes advantage of a customer's
13 inability to reasonably protect his or her interests because of his
14 or her illiteracy or inability to understand the language of an
15 agreement, if the facility knows or reasonably should know of the
16 customer's illiteracy or inability to understand.
17 (c) Enter into a contract with a customer that has gross
18 discrepancies between the oral representations of the facility and
19 the written agreement covering the same transaction.
20 (d) Make, either written or orally, an untrue or misleading
21 statement of a material fact to a customer.
22 (e) Fail to reveal a material fact to a customer that the
23 customer could not reasonably know if that omission tends to
24 mislead or deceive the customer.
25 (f) Enter into a contract with a customer that attempts to
26 abrogate, disclaim, or disallow the legal rights, obligations,
27 or remedies of the customer.
1 (g) Allow a customer to sign an acknowledgment, certificate,
2 or other writing that affirms acceptance, delivery, compliance with
3 a requirement of law, or other performance, if the facility knows
4 or has reason to know that the statement is not true.
5 (h) Set up contractual provisions with a customer, including
6 the statement of repairs and waivers, that are not specific in
7 language, clearly described, or reasonably legible.
8 (i) Attempt to avoid or evade the law through a contract with
9 a customer or any provision of a contract with a customer.
10 (j) If a contract with a customer is rescinded, canceled, or
11 otherwise terminated under the terms of the contract or under this
12 act, fail to promptly return any deposit, down payment, or other
13 payment to the person that is entitled to receive it.
14 (k) Allow a customer to sign a document in blank relating to
15 the repair of a motor vehicle.
16 (l) Fail to give a customer a copy of a document evidencing
17 the engagement of a facility at the time the document is executed
18 by the customer.
19 (m) When returning a repaired vehicle to a customer, fail to
20 give a written statement of repairs to the customer that discloses
21 all of the following:
22 (i) The repairs needed, as determined by the facility.
23 (ii) The repairs requested by the customer.
24 (iii) The repairs authorized by the customer.
25 (iv) The facility's estimate of repair costs.
26 (v) The actual costs of repairs.
27 (vi) The repairs or services performed, including a detailed
1 identification of all parts that were replaced and a specification
2 of which parts are new OEM, new, used, rebuilt, OEM surplus, or
4 (vii) A certification that authorized repairs were completed
5 properly or a detailed explanation of an inability to complete
6 repairs properly. The owner of the facility, or an individual
7 designated by the owner to represent the facility, shall sign the
8 certification statement. The statement shall include the name of
9 the mechanic who performed the diagnosis and the repair.
10 Sec. 7a. A motor vehicle repair facility that is subject to
11 this act, or a person that is an owner or operator of a motor
12 vehicle repair facility that is subject to this act, shall not,
13 directly or through an agent or employee, do any of the following:
14 (a) Charge for repairs that are in fact not performed.
15 (b) Perform repairs that are in fact not necessary, unless the
16 customer insists that the facility perform the repair and
17 disregards the facility's advice that the repair is unnecessary.
18 (c) Represent, directly or indirectly, that repairs are
19 necessary when in fact they are not.
20 (d) Perform and charge for repairs that are not specifically
22 (e) Fail to perform promised repairs within the period of time
23 agreed, or within a reasonable time, unless circumstances beyond
24 the control of the facility prevent the timely performance of the
25 repairs and the facility did not have reason to know of those
26 circumstances at the time the contract was made.
27 (f) Represent, either directly or indirectly, that a
1 replacement part used in the repair of a vehicle is new or of a
2 particular manufacture when in fact it is used, rebuilt,
3 reconditioned, deteriorated, or of a different manufacture, or
4 otherwise fail to disclose in writing, before beginning a repair,
5 the use of used, rebuilt, or reconditioned parts.
6 (g) Subsequent to a diagnosis requested by a customer for
7 which a charge is made, fail to disclose a diagnosed or suspected
8 malfunction, the recommended remedy for the malfunction, and any
9 test, analysis, or other procedure employed to determine the
11 Sec. 7b. A motor vehicle repair facility that is subject to
12 this act, or a person that is an owner or operator of a motor
13 vehicle repair facility that is subject to this act, shall not,
14 directly or through an agent or employee, do any of the following:
15 (a) Disclaim or limit the implied warranty of merchantability
16 or fitness for use, unless excluded or modified under section 2316
17 of the uniform commercial code, 1962 PA 174, MCL 440.2316.
18 (b) Fail to extend the period of a facility's own warranty for
19 repairs and services, if the customer was deprived of the use or
20 enjoyment of the subject of the warranty because of a failure on
21 the part of the facility to comply completely with the terms of the
22 warranty, for a period of time that is equal to or greater than the
23 period of the deprivation.
24 (c) Fail to honor a warranty on a new part by replacing it
25 with a used part or replacing it with a rebuilt or remanufactured
26 part that does not meet original equipment quality, standards, or
27 specifications, or that does not comply with the warranty repair
1 requirements of the warrantor.
2 (d) Fail to honor an express warranty.
3 (e) Fail to disclose in written language, that is clear as to
4 the nature or scope of the warranty, all material aspects and the
5 intent of a warranty, including, but not limited to, what is
6 warranted, the person that will honor the warranty, the duration of
7 the warranty, the obligations, if any, of the person to which the
8 warranty is extended, and any exceptions and exclusions from the
9 terms of the written warranty agreement.
10 Sec. 7c. A motor vehicle repair facility that is subject to
11 this act, or a person that is an owner or operator of a motor
12 vehicle repair facility that is subject to this act, shall not,
13 directly or through an agent or employee, advertise or represent,
14 either directly or indirectly, any of the following:
15 (a) Reduced prices for products or services and not sell them
16 at the advertised price during the period of the offering.
17 (b) Products or services at a particular price during a
18 particular period and fail to extend the offer beyond that period
19 to any person that seeks but does not obtain the products or
20 services during the advertised period because the facility has
21 failed to prepare for the reasonably expected public demand.
22 (c) That a customer will receive products or services "free"
23 or "without charge", or using words of similar import, if there are
24 undisclosed conditions, terms, or limitations attached to the offer
25 of those products or services.
26 (d) Products or services while failing to reveal a material
27 fact that a customer could not reasonably know, if the omission of
1 that fact tends to mislead or deceive the customer.
2 (e) That a customer will receive a rebate, discount, or other
3 benefit as an inducement for entering into a contract, if the
4 benefit is contingent on the occurrence of an event after the
5 transaction is completed.
6 (f) That a facility has the ability to perform repair services
7 using personnel who are qualified in specific repair specialties,
8 including those specialties enumerated in sections 10 and 10b of
9 this act, if in fact the facility does not employ mechanics who are
10 legally certified in those specialties.
11 (g) Products or services, if there is a material contingency,
12 condition, or limitation on the offer of those products or
13 services, unless the contingency, condition, or limitation is
14 stated contemporaneously with the offer in a manner clearly and
15 easily understood by the customer.
16 (h) Products or services in a language other than English,
17 unless the advertisement or representation includes any required
18 disclosures or limitations on the offer in the language principally
19 used in the advertisement or representation.
20 (i) That mechanics employed by a facility are "certified",
21 "licensed", or otherwise qualified if that representation tends to
22 give the impression that all mechanics employed by the facility are
23 certified or licensed if in fact they are not.
24 (j) That a customer's failure to act quickly or within a
25 certain period of time to procure products or services will result
26 in the loss of opportunity to procure them at a particular price,
27 if in fact it is untrue.
1 (k) Credit availability, in a manner that creates a likelihood
2 of confusion or misunderstanding of the terms or conditions of
3 credit, or that credit availability or the terms of credit are
4 "easy", or using words of similar import to describe credit
5 availability or terms, if in fact that is untrue.
6 (l) That products or services are sold under the terms of
7 "satisfaction guaranteed or money back", or using words of similar
8 import, if in fact the customer's declaration of dissatisfaction is
9 not a sufficient basis for obtaining a refund of the purchase price
10 for those products or services.
11 (m) The necessity, desirability, or advantage to a prospective
12 customer of dealing with a facility by misrepresenting the
13 facility's alleged advantages of size.
14 (n) That a document that a customer signs is something other
15 than what it is.
16 (o) An aspect of a repair transaction in a manner that causes
17 a likelihood of confusion, or of misunderstanding, with respect to
18 the authority of a mechanic, salesperson, representative, or agent
19 to negotiate the final terms of the transaction.
20 (p) An aspect of a repair transaction in a manner that causes
21 a likelihood of confusion, or of misunderstanding, of the legal
22 rights, obligations, or remedies of a party to the transaction.
23 (q) That service on an offered product is available under a
24 warranty if in fact it is not available or there are undisclosed
25 limitations or conditions on the availability of that service.
26 (r) A free or low-cost inspection or diagnosis that requires
27 the removal or dismantling, or both, of a part or assembly and
1 failing to disclose before the transaction a charge for replacement
2 or reassembly if the customer declines to authorize a recommended
4 (s) A product or service at a reduced rate and, if the
5 facility fails to provide it at the offered price during the period
6 of the offering to a customer seeking it, failing to offer and
7 provide the customer the opportunity to obtain the product or
8 service at the same reduced rate within a reasonable period of time
9 after the expiration of the original offer.
10 (t) Products or services, or the availability of products or
11 services, in a manner that involves the solicitation of waivers by
12 the facility.
13 (u) Products or services that fail to meet the reasonably
14 expected public demand for the duration of the advertised offering,
15 unless the advertisement has clearly expressed a specific
16 limitation on the quantity of the advertised products or services.
17 (v) The words "certification", "licensing", or "registration",
18 or the use of words of similar import, of a motor vehicle repair
19 facility or mechanic, by an organization, association, governmental
20 entity, or other program or authority other than the administrator,
21 without clearly and conspicuously disclosing the source of the
22 certification, licensing, or registration, and without adding the
23 disclaimer "not the Michigan department of state".
24 (w) The desirability or advantages of certification or
25 licensing by a federal, state, or local governmental agency, or
26 that a motor vehicle repair facility or mechanic is approved or
27 sanctioned by the administrator.
1 Sec. 7d. A motor vehicle repair facility that is subject to
2 this act, or a person that is an owner or operator of a motor
3 vehicle repair facility that is subject to this act, shall not,
4 directly or through an agent or employee, do any of the following:
5 (a) Assert, claim, or impose a mechanic's or similar type lien
6 if the facility has violated this act or rules promulgated under
7 this act with respect to the transaction on which the lien is
9 (b) Seek the repossession of a motor vehicle if the facility
10 has violated this act or rules promulgated under this act with
11 respect to the transaction on which the repossession is based.
12 (c) Seek to assert or enforce a lien by refusing to return a
13 vehicle if the facility has violated this act or rules promulgated
14 under this act with respect to the transaction on which the refusal
15 is based.
16 (d) Fail to return a customer's vehicle if there is a dispute
17 and the customer has paid the amount of the written estimate and
18 any amount in excess of that amount that was agreed to either
19 orally or in writing by the customer.
20 Sec. 7e. A motor vehicle repair facility that is subject to
21 this act, or a person that is an owner or operator of a motor
22 vehicle repair facility that is subject to this act, shall not,
23 directly or through an agent or employee, do any of the following:
24 (a) Unless legally waived by the customer, fail to give the
25 customer a written estimate before beginning work on a motor
27 (b) Charge for work done or parts supplied in excess of the
1 estimated price without the knowing consent, orally or in writing,
2 of the customer.
3 (c) Fail to give a customer an estimate for the cost, if any,
4 of reassembly, disassembly, or diagnosis.
5 (d) Fail to inform a customer, at a time before the customer
6 executes a document or engages the facility for the work, by the
7 use of a notice required under section 33, of his or her right to
8 receive or inspect replaced parts for which he or she will be
9 charged in the repair of his or her motor vehicle.
10 (e) Fail to retain a customer waiver with the records retained
11 by the facility concerning the transaction.
12 (f) Charge a customer storage charges if there is a dispute
13 concerning repair charges. If a delay in repairs is caused by a
14 lack of parts, a facility may charge for storage after informing
15 the customer of the approximate length of the anticipated delay and
16 of the daily storage charge rate and obtaining the customer's
17 consent to the delay and the storage charges.
18 (g) Fail to comply with the truth in lending act, 15 USC 1601
19 to 1667f, and the retail installment sales act, 1966 PA 224, MCL
20 445.851 to 445.873, if the customer finances repairs through the
22 (h) Fail in practice to comply with advertised or stated
23 payment policies.
24 (i) Conspire with another to fix prices.
25 (j) Conspire with another to allocate the market between them.
26 (k) Fail to notify a customer of an exchange agreement and
27 charges for exchange parts if the customer wishes to have those
1 parts returned.
2 (l) Fail to disclose, on the customer's request, the method
3 used by a facility to compute labor charges.
4 Sec. 7f. A motor vehicle repair facility that is subject to
5 this act, or a person that is an owner or operator of a motor
6 vehicle repair facility that is subject to this act, shall not,
7 directly or through an agent or employee, do any of the following:
8 (a) Improperly utilize waivers in a manner that suggests or
9 implies, directly or indirectly, orally or by action, that signing
10 a waiver will improve or expedite service or repairs or will reduce
11 the price.
12 (b) Exaggerate the seriousness of a malfunction to induce a
13 customer to agree to a repair.
14 (c) Suggest or imply, directly or indirectly, orally or by
15 action, that service will be improved or expedited or that the
16 price will be reduced if the customer agrees that the facility is
17 not required to return for inspection any parts that the facility
19 (d) Misrepresent that because of some defect in the customer's
20 motor vehicle, the health, safety, and lives of the customer or his
21 or her family are in danger if parts or repair services are not
22 purchased, if in fact the defect does not exist or the installation
23 of the parts or the performance of the services would not remove
24 the danger.
25 Sec. 7g. If a motor vehicle repair facility that is subject to
26 this act replaces a major component part described in section
27 2a(a)(iii) to (xiv) during the term of the vehicle manufacturer's
House Bill No. 4344 as amended May 31, 2016
1 original warranty, or during the first 5 years of the vehicle
2 manufacturer's original warranty, whichever is less, the motor
3 vehicle repair facility shall replace the major component part, and
4 a person that is an owner or operator of the motor vehicle repair
5 facility shall ensure that the major component part is replaced,
6 with 1 of the following:
7 (a) A new original equipment manufacturer part.
8 (b) A used or recycled original equipment manufacturer part.
9 (c) A part that meets any applicable federal motor vehicle
10 safety standards established under 49 CFR 571, and meets the
11 standards for parts recognized as OEM comparable quality as
12 verified by the Certified Automotive Parts Association, NSF
13 International, or another nationally recognized automotive parts
14 testing agency.
[(d) A part that does not meet subdivision (a), (b), or (c), if
the facility is directed by the owner of the motor vehicle in writing to
install that part.]
15 Sec. 9. The administrator shall do all of the following:
16 (a) Certify master and specialty mechanics and issue permits
17 to mechanic trainees who are subject to this act.
18 (b) Register motor vehicle repair facilities that are subject
19 to this act.
20 (c) Keep a complete register of motor vehicle repair
which shall be open to and make that register available
22 for public inspection at the office of the secretary of state.
23 (d) Keep an accurate listing by name and by certificate number
24 of each specialty and master mechanic who is certified by the
25 administrator at the office of the secretary of state.
26 (e) Engage in a public information program to inform the
27 public of their rights and remedies under this act.
1 (f) Inform registered motor vehicle repair facilities at least
2 annually of the rules promulgated
pursuant to under this
3 representative disciplinary hearings, orders, or judgments issued
4 or obtained by the administrator, and suspensions or revocations of
5 registrations or licenses. A motor vehicle repair facility shall
6 inform the mechanics in its employ of these actions.
7 (g) Establish procedures for receiving complaints relating to
8 alleged violations of this act or rules promulgated
9 under this act.
10 (h) Establish and collect fees for certification examinations
11 administered by the administrator.
12 (i) Promulgate any rules
pursuant to Act No. 306 of the Public
Acts of 1969, as amended, being sections 24.201 to 24.315 of the
Michigan Compiled Laws.that
are necessary to implement this act
15 under the administrative procedures act of 1969, 1969 PA 306, MCL
16 24.201 to 24.328.
The rules shall include but not be limited to:
( i )
Definitions of unfair and deceptive practices.
( ii )
Definitions of minor repair services.
( iii )
Criteria for determining the competency of specialty and
master mechanics, as a prerequisite to continued certification
under this act.
( iv )
Definition of repair categories for the certification of
specialty and master mechanics.
( v ) Other
rules as are necessary to implement this act.
26 (j) Issue declaratory rulings to implement this act. All of
27 the following apply to a declaratory ruling under this subdivision:
1 (i) The administrator may issue a declaratory ruling
2 concerning the applicability of this act or rules promulgated under
3 this act to an actual statement of facts if the administrator
4 receives a request for a declaratory ruling from an interested
5 person and the interested person submits a clear and concise
6 statement of facts to the administrator. The interested person may
7 submit to the administrator a brief or other reference to legal
8 authorities on which the interested person relies concerning the
9 applicability of this act or rules promulgated under this act to
10 the statement of facts.
11 (ii) If he or she decides to issue a declaratory ruling, the
12 administrator shall provide the interested person that requested
13 the ruling a statement that he or she will issue a declaratory
14 ruling and the date by which the administrator will issue the
16 (iii) A declaratory ruling shall include the actual statement
17 of facts provided by the interested person that requested the
18 ruling, the legal authority on which the administrator relies for
19 his or her ruling, if any, and the ruling of the administrator.
20 (iv) After it is issued, a declaratory ruling is binding on
21 the administrator and he or she may not retroactively change the
22 ruling. However, this subdivision does not prohibit the
23 administrator from prospectively changing a declaratory ruling.
24 Sec. 10. (1) Subject to subsection (3) and section 10b(3) and
25 (4), an individual may
become certified as a specialty mechanic
he or she passes an examination, developed by the administrator or
developed by a private entity and adopted by the administrator,
that the administrator determines is an adequate test of an
individual's ability to perform certain types of motor vehicle
repair. The repair or service categories for which certification is
required include the following and any others specified by the
administrator by rule:in
1 or more repair categories described in
6 section 10b(1) or (2) if that individual takes 1 or more
7 examinations, developed or approved by the administrator, and
8 receives scores, as determined by the administrator, that indicate
9 competency to perform motor vehicle repairs in the repair category
10 or categories.
(a) Engine repair.
(b) Automatic transmission repair.
(c) Manual transmission and rear axle repair.
(d) Front end repair.
(e) Repair of brakes.
(f) Electrical systems repair.
(g) Heating and air conditioning repair.
(h) Engine tune-up.
(i) Pre-1973 motor vehicle repair.
(j) BAIID service.
21 (2) An individual may apply for a specialty mechanic's
22 certificate in any or all repair categories but he or she is only
23 required to pay
only 1 certification fee if he or she makes
individual applies for more than 1
category at 1
26 (3) On application, the department shall issue an initial
27 specialty mechanic's certificate in BAIID service, without
1 examination, to an individual who holds a valid specialty
2 mechanic's certificate in electrical systems repair on
effective date of the amendatory act that added this
Within 120 days after the effective date of the amendatory
act that added section 10a, By October 4, 2016, the
7 shall develop or adopt an examination for specialty mechanic
8 certification in the repair or service category described in
subsection (1)(j) section
an individual who is
10 engaged, for compensation, in BAIID service.
11 (5) An individual may apply for and receive a certificate as a
mechanic's certificate mechanic for automobiles or light
13 trucks if he or she is qualified as a specialty mechanic in all of
14 the repair categories
motor vehicle repair described in
subsection (1), section
10b(1), except that qualification in a
16 specialty category described in
subsection (1)(i) or (j) section
17 10b(1)(k) or (l) is not necessary for a master mechanic's
19 (6) An individual may apply for and receive a certificate as a
20 master mechanic for heavy-duty trucks if that individual is
21 qualified as a specialty mechanic in all repair categories
22 described in section 10b(2), except that certification in the
23 repair category described in section 10b(2)(h) is not necessary for
24 a master mechanic's certificate described in this subsection.
25 Sec. 10b. (1) The administrator may issue a certification to
26 perform repair work as a specialty or master mechanic for
27 automobiles and light trucks in 1 or more of the following repair
2 (a) Engine repair.
3 (b) Automatic transmission.
4 (c) Manual transmission, front and rear drive axle.
5 (d) Front end, suspension, and steering systems.
6 (e) Brakes and braking systems.
7 (f) Electrical systems.
8 (g) Heating and air-conditioning.
9 (h) Engine tune-up and performance.
10 (i) Collision-related mechanical repair.
11 (j) Unitized body structural repair.
12 (k) Pre-1973 automobile or light truck repair. As used in this
13 subdivision, "pre-1973 automobile or light truck repair" means the
14 repair of an automobile or light truck manufactured before 1973 or
15 the reconditioning, replacement, adjustment, or alteration of the
16 operating condition of any component or subassembly of an
17 automobile or light truck manufactured before 1973.
18 (l) BAIID service.
19 (2) The administrator may issue a certification to perform
20 repair work as a specialty or master mechanic for heavy-duty trucks
21 in 1 or more of the following repair categories:
22 (a) Engine repair, gasoline.
23 (b) Engine repair, diesel.
24 (c) Drivetrains.
25 (d) Brakes and braking systems.
26 (e) Suspension and steering systems.
27 (f) Electrical systems.
1 (g) Collision-related mechanical repair.
2 (h) Pre-1973 heavy-duty truck repair. As used in this
3 subdivision, "pre-1973 heavy-duty truck repair" means the repair of
4 a heavy-duty truck manufactured before 1973 or the reconditioning,
5 replacement, adjustment, or alteration of the operating condition
6 of any component or subassembly of a heavy-duty truck manufactured
7 before 1973.
8 (3) An individual who is applying for certification as a
9 specialty automobile or light truck mechanic is eligible for that
10 certification if he or she passes an examination in the repair
11 category that relates to that specialty. An individual who is
12 applying for certification as a master automobile or light truck
13 mechanic is eligible for that certification if he or she passes the
14 examinations in all repair categories listed in subsection (1)(a)
15 to (h).
16 (4) An individual who is applying for certification as a
17 specialty heavy-duty truck mechanic is eligible for that
18 certification if he or she passes an examination in the repair
19 category that relates to that specialty. An individual who is
20 applying for certification as a master heavy-duty truck mechanic is
21 eligible for that certification if he or she passes the
22 examinations in all repair categories listed in subsection (2)(a)
23 to (f).
24 (5) An individual who is applying for certification as a
25 master motorcycle mechanic is eligible for that certification if he
26 or she passes an examination pertaining to all mechanical aspects
27 of motorcycle repair.
1 (6) An individual who is applying for certification as a
2 recreational trailer mechanic is eligible for that certification if
3 he or she passes an examination pertaining to all mechanical
4 aspects of the installation, service, and repair of recreational
5 trailer equipment. As used in this subsection, "recreational
6 trailer equipment" includes recreational trailer brakes,
7 suspension, wheels, or axles; adaptations and alterations made to
8 towing vehicles; and other items of equipment on a recreational
9 trailer required under sections 683 to 711 of the Michigan vehicle
10 code, 1949 PA 300, MCL 257.683 to 257.711.
11 Sec. 11. (1)
Before a person offers to engage in or engages An
12 individual shall not engage or offer to engage in employment as a
13 specialty or master mechanic
, that person shall apply for and
receive if he or she
has not applied for and received a
15 for that employment from the department.
Application An applicant
16 for a specialty or master mechanic's certificate shall
17 submit to the administrator, on a form provided by the department,
and shall include:all
of the following information and the results
19 of the required examinations:
20 (a) The name and home address of the applicant.
21 (b) The repair category or categories for which the applicant
22 is applying.
and the results of the required examinations.
23 (c) The number of years the applicant has worked as a motor
24 vehicle mechanic for compensation and the education or training he
25 has had to prepare him for work as a motor vehicle mechanic,
26 specialty mechanic, or master mechanic.
27 (d) The states or jurisdictions in which the applicant is
1 licensed or certified to work as a motor vehicle mechanic,
2 specialty mechanic, or master mechanic.
3 (e) A copy of an irrevocable appointment of the secretary of
4 state as the applicant's agent for service of process.
5 (f) Other relevant information
as required by the
7 (2) The term of a master mechanic's certificate is 1 year. An
8 individual may renew a master mechanic's certificate by providing
9 all of the information described in subsection (1)(a) to (f), on a
10 form provided by the administrator, and paying the renewal fee
11 described in section 30.
12 (3) The term of a specialty certificate is 1 year. The
13 administrator may only renew a specialty certificate if the
14 individual who is applying for renewal provides all of the
15 information described in subsection (1)(a) to (f), on a form
16 provided by the administrator, pays the renewal fee described in
17 section 30, and, if applicable, meets 1 of the following:
18 (a) If he or she is seeking to renew a certification as a
19 mechanic in the area of automobile and light truck engine tune-up
20 and performance, in the 1998 calendar year or in any fifth calendar
21 year after 1998, does 1 of the following:
22 (i) Takes and passes a test given or approved by the
24 (ii) Presents proof that he or she has successfully completed
25 an acceptable course of training in automobile and light truck
26 engine tune-up and performance provided by an approved educational
27 institution, motor vehicle manufacturer, or distributor.
1 (iii) Presents a valid, current certification in automobile
2 and light truck engine tune-up and performance, or a comparable
3 category, from the National Institute for Automotive Service
4 Excellence or another mechanic certification organization approved
5 by the administrator.
6 (b) If he or she is seeking to renew a certification as a
7 mechanic in the area of automobile and light truck electrical
8 systems, in the 1999 calendar year or in any fifth calendar year
9 after 1999, does 1 of the following:
10 (i) Takes and passes a test given or approved by the
12 (ii) Presents proof that he or she has successfully completed
13 an acceptable course of training in automobile and light truck
14 engine electrical systems provided by an approved educational
15 institution, motor vehicle manufacturer, or distributor.
16 (iii) Presents a valid, current certification in automobile
17 and light truck engine electrical systems, or a comparable
18 category, from the National Institute for Automotive Service
19 Excellence or another mechanic certification organization approved
20 by the administrator.
21 (c) If he or she is seeking to renew a certification as a
22 mechanic in the area of automobile and light truck brakes and
23 braking systems, in the 2000 calendar year or in any fifth calendar
24 year after 2000, does 1 of the following:
25 (i) Takes and passes a test given or approved by the
27 (ii) Presents proof that he or she has successfully completed
1 an acceptable course of training in automobile and light truck
2 engine brakes and braking systems provided by an approved
3 educational institution, motor vehicle manufacturer, or
5 (iii) Presents a valid, current certification in automobile
6 and light truck brakes and braking systems, or a comparable
7 category, from the National Institute for Automotive Service
8 Excellence or another mechanic certification organization approved
9 by the administrator.
10 Sec. 12.
An applicant shall be required to have passed an
examination which is designed to test the competency to correctly
diagnose and repair motor vehicles in the specific category for
which the applicant is applying. The examination shall be written
or oral or practical.All
of the following apply to a certification
15 examination under this act:
16 (a) An examination shall be written, except that the
17 administrator may allow an individual to take an oral or practical
18 examination if the administrator determines that the individual
19 meets 1 of the following:
20 (i) He or she has special language problems that preclude the
21 possibility of passing a standard English language examination.
22 (ii) He or she was unsuccessful on the written examination.
23 (b) The administrator shall review examinations that are being
24 given by private or public agencies, including the department of
25 education. If the administrator approves an agency for the purposes
26 of administering examinations,
the prospective an
the an examination
administered by that agency, and the
1 testing agency shall forward the results to the administrator for
2 review and verification, or the prospective applicant may take
3 the examination
as may be
developed and given by the administrator,
4 if any.
5 (c) An examination shall be given at places and times
6 determined by the administrator.
7 (d) The results of an examination are not final until approved
8 by the administrator. The administrator shall forward the results
9 of an examination to the applicant or to the applicant's authorized
11 Sec. 13. (1) If
a person an individual is unable to
12 certificate as a specialty or master mechanic
as provided in under
13 this act, and that
person individual desires to become
14 or master mechanic, he or
make application apply
15 mechanic trainee permit on
the a form prescribed or
approved by the
The administrator shall issue or approve a mechanic
trainee permit to an applicant who qualifies under the rules
promulgated for that purpose. A person
19 (2) If an individual is unable to renew a specialty
20 certification as a mechanic in the area of automobile and light
21 truck engine tune-up and performance, automobile and light truck
22 electrical systems, or automobile and light truck brakes and
23 braking systems because he or she does not meet the requirements of
24 section 11(3)(a), (b), or (c), he or she may apply for a mechanic
25 trainee permit, on a form prescribed or approved by the
26 administrator, if he or she meets all legal requirements for the
27 permit and was not issued a mechanic trainee permit by the
1 administrator in the 3-year period before the administrator
2 receives his or her application for the mechanic trainee permit
3 under this subsection.
4 (3) All of the following apply to a mechanic trainee described
5 in this section:
6 (a) An individual who qualifies as a mechanic trainee may
7 retain that status for a period of not more than 2 years.
8 (b) A mechanic trainee who is employed by a motor vehicle
9 repair facility
shall be is required to work under
10 supervision of a specialty or master mechanic during the full time
11 of his or her employment.
12 (c) The administrator
by rule establish and operate a
mechanic trainee training program designed to provide the training
necessary to become certified under this act. Instead of
establishing and operating the program, the administrator may
appoint schools, academies, or other similar establishments select
17 1 or more approved educational institutions to engage in mechanic
18 trainee training.
if those establishments, schools, or academies
meet the criteria established by the administrator, after
consultation with the department of education and the United States
department of labor, bureau of apprenticeship and training. The
establishments may be designated by the administrator to engage in
a continuing education and training program for specialty and
25 Sec. 13a. (1) The administrator shall evaluate and may approve
26 a school, academy, or other similar establishment that intends to
27 provide training to mechanics or mechanic trainees under this act.
1 (2) All of the following apply to the approval of a school,
2 academy, or similar establishment by the administrator under
3 subsection (1):
4 (a) An establishment seeking approval shall submit an
5 application for approval to the administrator. The administrator
6 shall determine the form and content of the application. The
7 application shall include supporting materials required by the
9 (b) The administrator shall review an application and
10 supporting materials submitted under subdivision (a) and shall
11 approve, deny approval of, or withdraw approval from the training
12 program offered to mechanics and mechanic trainees by the
14 (c) In evaluating an establishment for approval, the
15 administrator shall consider all of the following factors:
16 (i) Accreditation or lack of accreditation by a recognized
17 accreditation agency.
18 (ii) Quantity and quality of classroom training provided.
19 (iii) Course objectives.
20 (iv) Number, quality, and age of tools, equipment, and
21 materials made available to students.
22 (v) Percentage of class time spent in hands-on training.
23 (vi) Qualifications of instructors and other staff.
24 (vii) Quality, quantity, and accessibility of records
25 maintained by the establishment.
26 (viii) Class size and location.
27 (ix) Quality of testing administered.
1 (x) Other related factors the administrator considers
3 (3) The administrator may contract with approved educational
4 institutions to provide training or testing required under this
6 Sec. 13b. (1) A certified specialty or master mechanic shall
7 display, in a conspicuous location in the place of business where
8 he or she is employed or engaged to perform repairs, a current and
9 valid certificate issued by the administrator.
10 (2) If a certified mechanic works on, inspects and approves,
11 or supervises a repair, he or she shall affix his or her name and
12 certification number, as assigned by the administrator, to the
13 written statement of repairs given the customer under section 34.
14 (3) A certified specialty or master mechanic or mechanic
15 trainee shall not depart from, or disregard in any material
16 respect, accepted motor vehicle repair industry standards.
17 Compliance with published vehicle manufacturer, parts manufacturer,
18 equipment manufacturer, or recognized aftermarket repair manual
19 specifications creates a presumption that the mechanic or mechanic
20 trainee has followed accepted motor vehicle repair industry
22 (4) If the administrator, after notice and a hearing,
23 determines that a specialty or master mechanic or mechanic trainee
24 has violated subsection (3), the administrator may, under section
25 21, require that the specialty or master mechanic or mechanic
26 trainee do both of the following:
27 (a) Successfully complete a designated training course or
1 program as a prerequisite to continued certification.
2 (b) Only perform specific motor vehicle repairs or repair
3 procedures identified by the administrator until the training
4 course or program described in subdivision (a) is completed.
5 Sec. 14.
owner of a motor vehicle repair
be registered by the owner register
the facility by providing all
7 of the following information to the administrator, on a
8 registration form provided by the administrator,
disclose the following information:accompanied by a registration
10 fee in an amount determined under section 30:
11 (a) The name, address, and form of ownership of the facility,
for if the
owner is a corporation, the date and
14 (b) The name and address of each of
its the owner's resident
15 agents, officers, directors, and partners in
the this state, as
17 (c) The principal occupation or business for the past 5 years
every officer, director, and partner, and each owner of 10% or
more of the facility, and any person occupying a similar status or
performing similar functions.all of the following, as applicable:
21 (i) Each person that owns 10% or more of the facility.
22 (ii) For each owner described in subparagraph (i), every
23 officer and director if the owner is a corporation; every partner
24 if the owner is a partnership; and any other person that occupies a
25 similar status or performs similar functions.
26 (d) A description of the
repair facility to be
specified by rule.that
includes all of the following:
1 (i) The type of service business the facility operates.
2 (ii) The type of repairs the facility performs.
3 (iii) The type of vehicles the facility services.
4 (iv) The number of mechanics the facility employs who perform
6 (v) The range of gross revenue received by the facility from
7 performing repairs, including revenue from parts and goods sold in
8 conjunction with repairs, for the most recent federal income tax
10 (vi) Measured in square feet, the size of that part of the
11 facility utilized for performing repairs.
12 (e) An irrevocable appointment of the secretary of state as
13 the agent for the facility for service of process.
14 (f) A copy of
the documents, instruments, forms, contracts, or
other papers known to be each
instrument, form, contract, or other
16 document used by the applicant in dealing with the public in the
17 repair of motor vehicles,
as specified by rule.including, but not
18 limited to, all of the following:
19 (i) Any document on which the facility routinely requires the
20 customer's signature.
21 (ii) Any document used by the facility in connection with
22 providing estimates, diagnoses, or repairs.
23 (iii) Any invoices, warranties, or waivers.
24 (iv) Any other document used by the facility to comply with
25 this act or rules promulgated under this act.
other relevant information as required by the
1 Sec. 15. (1) A motor vehicle repair facility registration
2 under this act takes effect on the date it is approved by the
3 administrator and expires 1 year after that date. The owner of a
4 motor vehicle repair facility shall renew its registration annually
5 and shall submit an application for renewal of the registration,
6 accompanied by a registration fee in an amount determined under
7 section 30, with the administrator at least 30 days before the
8 expiration of its then-current registration.
9 (2) A motor vehicle repair facility may continue to operate
10 after the expiration date of its then-current registration, pending
11 approval of the renewal application by the administrator, if the
12 renewal application and renewal fee are received by the
13 administrator on or before the expiration date. If a renewal
14 application and renewal fee are filed after the expiration date,
15 the facility may operate from the day on which the application and
16 appropriate fee are received by the administrator, pending approval
17 of the renewal application. The administrator shall charge a fee of
18 1-1/2 times the normal registration fee if the renewal application
19 is received by the administrator after the expiration date.
20 (3) A
maintaining person that owns more than 1 motor
21 vehicle repair facility shall file a single registration form for
22 all of those facilities annually,
which that along with the other
23 information required
this act, clearly indicates the
24 location of and the individual in charge of each facility,
shall be paid separately for each location.and shall pay a separate
26 registration fee for each of those facilities.
27 Sec. 16. (1) If there is a change in ownership of a motor
1 vehicle repair facility, a new registration and payment of a new
2 registration fee is required and the facility shall not operate
3 until its registration application is approved by the administrator
4 and the fee is paid. If a name or address of the motor vehicle
5 repair facility changes,
not involving a change of ownership, and
6 there is not a change of ownership, the facility shall notify the
7 administrator in writing of the change
. Appropriate and shall make
8 the appropriate changes
be made on the next renewal
9 registration when due.
10 (2) If the owner of a motor vehicle repair facility is a
11 corporation, and 10% or more of the stock of the corporation is
12 sold or transferred, the owner shall notify the administrator of
13 that change within 30 days of the sale or transfer.
14 (3) As used in this section, "change of ownership" means a
15 sale of all or part of a facility to a new owner. The term includes
16 a sale or transfer of a partnership interest in the owner of a
17 facility if the owner is a partnership. The term does not include
18 the sale or transfer of stock in the owner of a facility if the
19 owner is a corporation.
20 Sec. 17. (1) The owner of a facility that is registered
facility or a facility or
is required to be registered register
22 under this act shall
that the facility is open to
23 inspection by the administrator and other law enforcement officials
24 during reasonable business hours. During reasonable business hours,
25 the administrator and other law enforcement officials may make
26 periodic unannounced inspections of the premises, parts records,
27 and parts inventories of
House Bill No. 4344 as amended May 17, 2016
1 (2) A person
who hinders, obstructs, or otherwise prevents an
inspection is in violation of this act.shall not hinder, obstruct,
3 or otherwise prevent an inspection under this section or section 18
4 or 18a.
5 (3) As used in this section, "reasonable business hours"
6 includes any posted or advertised business hours of a facility.
7 Sec. 18. (1)
owner of a motor vehicle repair facility
8 shall maintain reasonable
as are required by
promulgated to carry out this act. The records shall be for the
10 facility and ensure that those records are open for reasonable
11 inspection by the administrator or other law enforcement officials.
and shall be maintained by the facility for not less than 5
years.As used in this
subsection, "reasonable business records"
14 includes those documents and records described in subsection (2)(a)
15 to (c).
16 (2) The owner of a motor vehicle repair facility shall retain
17 the records of the facility for the following time periods:
18 (a) The owner shall retain copies of each instrument, form,
19 contract, or other document used in connection with a repair
20 transaction, including, but not limited to, all of the following
21 for at least <<3 years>> after completion of the repair transaction:
22 (i) Any document on which the facility required the customer's
24 (ii) Any document used by the facility in connection with
25 providing an estimate, diagnosis, or repair.
26 (iii) Any invoice, warranty, or waiver.
27 (iv) Any other document used by the facility to record or
House Bill No. 4344 as amended May 17, 2016
1 convey the terms of the transaction.
2 (v) Any other document required under this act or rules
3 promulgated under this act in connection with a repair transaction.
4 (b) If a facility is advised by the administrator that he or
5 she has received a complaint about a repair transaction performed
6 by the facility, and the facility is under investigation by the
7 administrator, the owner shall retain records relating to the
8 transaction or otherwise relevant to the complaint until the date
9 the administrator advises the facility in writing that the
10 complaint is closed, or for <<3 years>> after the completion of the
11 repair transaction, whichever is later.
12 (c) If a repair transaction involves the assumption by the
13 facility of an obligation extending beyond <<3 years>>, the owner shall
14 retain records or documents relating to that obligation for at
15 least the term of the obligation.
16 (d) For any other document or record than those described in
17 subdivision (a), (b), or (c), the owner shall retain that document
18 or record for at least 3 years.
facility that engages in vehicle body work shall
20 maintain records in a form prescribed by the administrator. The
21 records shall contain the date of purchase or acquisition of each
22 distressed vehicle, a description of the vehicle, and the name and
23 address of the person from
whom which the vehicle was
24 the vehicle is sold, the record shall contain the date of sale and
25 the name and address of the purchaser. The record shall indicate
26 whether a certificate of title or salvage certificate of title was
27 obtained by the facility
for the vehicle.
In the case of If the
1 vehicle is a late model vehicle, the facility shall maintain a
2 record of the purchase or sale of each major component part
3 purchased or acquired
shall be maintained by the facility for the
4 vehicle. The record shall contain the date of purchase or
5 acquisition of the part, a description of the part, the
6 identification number assigned to the part, and the name and
7 address of the person to or from
whom which the
part was purchased,
8 acquired, or sold.
9 (4) A facility shall maintain or attach the record of
10 sale, purchase, or acquisition of a major component part
maintained in or attached to
a police book as described in section
12 251 of the Michigan vehicle code,
Act No. 300 of the Public Acts of
1949, being section 257.251 of the Michigan Compiled Laws. The
facility's 1949 PA
300, MCL 257.251. A facility shall make its
15 police book and
records of vehicle part sales,
16 or acquisitions
shall immediately be made immediately available for
17 inspection by the administrator and other law enforcement officials
after if a request for inspection is made.
(3) Nothing in this section shall This section does not
20 authorize a facility to engage in the business of dealing in
21 vehicles or salvageable parts without a dealer's license under the
22 Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
23 Sec. 19. In the event of loss, destruction, or mutilation of a
24 registration, certificate, or
trainee permit, the person to
25 which it was issued may
duplicate copy upon replacement
26 furnishing satisfactory proof of the loss, destruction, or
27 mutilation and paying the fee
as determined by rule.required under
1 section 30. An application for a replacement registration,
2 certificate, or trainee permit shall include all of the following
4 (a) The name and address of the applicant.
5 (b) An explanation of the loss, destruction, or mutilation of
6 the original registration, certificate, or permit.
7 Sec. 20. (1)
Registrations and certificates including
trainee permits shall be renewed as determined by rule.A
9 certification as a specialty or master mechanic under this act
10 takes effect on the date it is approved by the administrator and
11 expires 1 year after that date. A specialty or master mechanic may
12 annually renew his or her certification by submitting an
13 application for renewal, accompanied by the certification fee
14 described in section 30, with the administrator on or before the
15 expiration date of his or her then-current certification.
16 (2) A mechanic may continue to function as a certified
17 mechanic after the expiration date of his or her then-current
18 certification, pending approval of the renewal application by the
19 administrator, if the renewal application and renewal fee are
20 received by the administrator on or before the expiration date. If
21 a renewal application and renewal fee are filed after the
22 expiration date, the mechanic may temporarily engage in repairs
23 without a certificate from the day on which the application and
24 appropriate fee are received by the administrator, pending approval
25 of the renewal application. The administrator shall charge a fee of
26 1-1/2 times the normal renewal fee if the renewal application is
27 received by the administrator after the expiration date.
1 Sec. 21. (1) If the administrator determines after notice and
2 a hearing that a person has violated this act or a rule promulgated
pursuant to it, or engaged in an unfair or deceptive method, act,
or practice, under
this act, directly or through an agent
5 employee, he or she may issue an order requiring the person to
6 cease and desist from the
unlawful act or practice violation or to
such an affirmative action as that in
the judgment of the
carry out the purposes of this act.
9 (2) If the
department administrator makes a
finding of fact in
10 writing that the public interest will be irreparably harmed by
11 delay in issuing an order,
it he or she may issue a
12 and desist order.
Prior to Before issuing the temporary
13 desist order, the administrator when possible by telephone or
14 otherwise shall give notice of the proposal to issue a temporary
15 cease and desist order to the facility. A temporary cease and
16 desist order shall include in its terms a provision that
17 request the administrator
shall hold a hearing
shall be held within
18 30 days to determine whether or not the order shall become
20 Sec. 22. (1) The administrator may
deny, suspend, or revoke a
registration, certificate, or mechanic trainee permit after notice
and opportunity for a hearing take any administrative action
23 described in subsection (2) if the administrator determines that
the a facility, mechanic, or trainee, did
or a stockholder,
25 officer, director, or partner of a facility that is a corporation
26 or partnership, does 1 or more of the following:
Engaged in a method, act, or practice that is unfair or
deceptive or made Makes
an untrue statement of a material fact.
this act or a rule promulgated under
3 this act.
a condition of probation.
unnecessary repairs or repairs not
6 by the customer.
to honor warranties made by a facility.
Caused or allowed Causes or allows a customer
to sign a
9 document in blank relating to the repair of a motor vehicle.
Was Is enjoined by a court of competent jurisdiction from
11 engaging in the trade or business of repairing motor vehicles or
12 from a violation of this act or a rule promulgated under this act.
(h) If the applicant is a corporation or partnership, a
stockholder, officer, director, or partner of the applicant was
guilty of an act or omission that would be a cause for refusing,
revoking, or suspending a license issued to the officer, director,
or partner as an individual.
(i) Failed Fails to comply with the
terms of a final cease
19 and desist order.
(j) Was Is
convicted of a violation of this act.
(k) Used Uses the waiver of liability
provision in an
22 attempt to evade this act.
( l ) Was Is convicted
of a violation of Act No. 119 of the
Public Acts of 1986, being sections 257.1351 to 257.1355 of the
Michigan Compiled Laws.1986
PA 119, MCL 257.1351 to 257.1355.
(m) Was Is convicted
under section 413, 415, 535, 535a, or
27 536a of the Michigan penal code,
Act No. 328 of the Public Acts of
House Bill No. 4344 as amended May 31, 2016
1931, being sections 750.413, 750.415, 750.535, 750.535a, and
750.536a of the Michigan Compiled Laws, 1931 PA 328, MCL 750.413,
3 750.415, 750.535, 750.535a, and 750.536a, or has been convicted in
4 another state of a violation of a law substantially corresponding
5 to 1 of those sections
413, 415, 535, 535a, 536, and 536a of
6 Michigan penal code.
, Act No. 328 of the Public Acts of 1931.
7 (2) After notice and opportunity for a hearing, the
8 administrator may do 1 or more of the following if he or she
9 determines that a facility, mechanic, or trainee, or a stockholder,
10 officer, director, or partner of a facility that is a corporation
11 or partnership, violates subsection (1):
12 (a) Place a limitation on a registration, certificate, or
13 mechanic trainee permit.
14 (b) Suspend a registration, certificate, or mechanic trainee
16 (c) Deny a registration, certificate, or mechanic trainee
17 permit or renewal of a registration, certificate, or mechanic
18 trainee permit.
19 (d) Revoke a registration, certificate, or mechanic trainee
21 (e) Censure the person that holds a registration, certificate,
22 or mechanic trainee permit.
23 (3) As an alternative or in addition to administrative action
24 under subsection (2) for a violation or alleged violation of
25 subsection (1), the [administrator] may, by written agreement with a
26 person that holds a registration, certificate, or mechanic trainee
27 permit, place a registration, certificate, or mechanic trainee
House Bill No. 4344 as amended May 31, 2016
1 permit on probation and include conditions of probation in the
3 (4) The remedies and sanctions under this act are independent
4 and cumulative. The use of a remedy or sanction under this act,
5 including, but not limited to, administrative action by the
6 [administrator] under subsection (2) or an agreement for probation under
7 subsection (3), does not bar other lawful remedies and sanctions
8 against a person and does not limit a person's criminal or civil
9 liability under law.
10 Sec. 30. (1) The registration fee for the registration of a
shall be is
determined by a sliding fee scale that is
upon on the gross annual revenue of the facility, as
13 GROSS ANNUAL REVENUE FEE
14 under $5,000.00................................ $ 25.00
15 $5,001.00 to $15,000.00........................ 50.00
16 $15,001.00 to $25,000.00....................... 75.00
17 $25,001.00 to $40,000.00....................... 100.00
18 $40,001.00 to $60,000.00....................... 125.00
19 $60,001.00 to $80,000.00....................... 150.00
20 $80,001.00 to $100,000.00...................... 175.00
21 $100,001.00 to 120,000.00...................... 200.00
22 $120,001.00 to 140,000.00...................... 225.00
23 $140,001.00 to $160,000.00..................... 250.00
24 $160,001.00 to $180,000.00..................... 275.00
25 $180,001.00 to $200,000.00..................... 300.00
26 $200,001.00 to $220,000.00..................... 325.00
27 $220,001.00 to $240,000.00..................... 350.00
1 $240,001.00 to $260,000.00..................... 375.00
2 $260,001.00 to $280,000.00..................... 400.00
3 $280,001.00 to $300,000.00..................... 425.00
4 $300,001.00 to $320,000.00..................... 450.00
5 $320,001.00 to $340,000.00..................... 475.00
6 over $340,000.00............................... 500.00
(2) The certificate fee for the certification of specialty and
master mechanics and the permit fee of mechanic trainees shall be
set by rule.
(3) The fee for the renewal of the registration of a facility,
certification of a specialty or master mechanic, including a permit
of a mechanic trainee shall be set by rule. The effective length of
original and renewal registrations, certificates, and permits shall
be set by rule and shall not be less than 1 year in duration. The
renewal fee for a registration, certificate, or permit that has
expired shall be 1-1/2 times the fee for the renewal of a
registration, certificate, or permit that has not expired.
18 (2) The examination, application, certificate, and renewal
19 fees for the certification of mechanics are as follows:
20 (a) Each certification examination administered by the
21 administrator, $6.00.
22 (b) Application for original certificate, $25.00. However, any
23 of the following may apply for an original specialty or master
24 mechanic certificate without paying a fee under this subdivision:
25 (i) An individual who is currently certified by the
26 administrator in at least 1 repair category may apply for
27 certification in 1 or more additional repair categories without
1 paying a fee under this subdivision.
2 (ii) A mechanic trainee who presents proof that he or she has
3 successfully completed 30 or more hours of continuing mechanic
4 education courses given by an approved educational institution
5 during the 5-year period immediately preceding the date the trainee
6 submits the application for certification.
7 (iii) An individual who served in the armed forces; was
8 separated from that service; and provides to the administrator a
9 form DD214, a form DD215, or any other form that is satisfactory to
10 the administrator that demonstrates that the individual was
11 separated from that service, with an honorable character of service
12 or under honorable conditions (general) character of service.
13 (c) Application for renewal certificate, $20.00.
14 (d) Replacement certificate, $5.00.
15 (3) The permit fees for a mechanic trainee are as follows:
16 (a) Application for a mechanic trainee permit, $20.00.
17 However, either of the following may apply for a mechanic trainee
18 permit without paying a fee under this subdivision:
19 (i) An individual who is currently certified by the
20 administrator in at least 1 repair category.
21 (ii) A student who is currently enrolled in a vocational
22 education or special education program that includes employment by
23 a motor vehicle repair facility; that is approved by the department
24 of education; and for which the student receives credit toward the
25 award of a high school or special education diploma.
26 (b) Replacement of trainee permit, $5.00.
27 (4) As used in this section:
1 (a) "Armed forces" means that term as defined in section 2 of
2 the veteran right to employment services act, 1994 PA 39, MCL
4 (b) "Gross annual revenue" means a facility's gross revenue
5 from performing repairs, including parts and goods sold in
6 conjunction with repairs, in its most recently completed federal
7 income tax year, or, if the facility has not been in business for a
8 complete federal income tax year, the facility's reasonably
9 anticipated gross revenue for its first full federal income tax
10 year of operation.
11 Sec. 32. (1)
beginning repair work, a motor vehicle
12 repair facility shall give to the customer a written estimate
itemizes as closely as possible the
price for labor
14 and parts necessary for
a specific job prior to the commencement of
15 the work. A facility shall not charge for work done or parts
16 supplied in excess of the estimated price, or in excess of the
17 limit stated by the customer in the waiver
provided for described
18 in subsection (3), without the knowing written or oral consent of
19 the customer,
which shall be obtained at some time after it
facility determines that the estimated
21 stated limit is insufficient and before any work that is not
22 estimated or is in excess of the limit is done or the parts that
23 are not estimated or are in excess of the limit are supplied. If a
24 waiver is not signed
as provided in under subsection
(3) and the
25 estimated price is exceeded by not more than 10% or
26 whichever is lesser, the facility is not required to obtain the
27 written or oral consent of the customer for the excess charge
not be obtained unless
specifically requested by the customer. This
2 section shall not be construed as requiring a motor vehicle repair
3 facility, mechanic, or mechanic trainee to give a written estimated
4 price if
facility, mechanic, or trainee agrees
5 perform the requested repair. If the actual cost of a repair is
6 less than the agreed
upon on estimated cost, the
customer shall pay
7 only the actual cost.
8 (2) If
facility or mechanic informs the
9 the price for repair will exceed the written estimate or the stated
10 limit in the waiver and the customer does not want the repair work
then the customer is liable responsible for all
12 reasonable costs to return the vehicle to the condition it was
13 in at the time it entered
14 indicate those costs
be indicated in written form, itemizing
15 the costs as closely as possible with a copy given to the customer.
16 The cost of a diagnosis
to be made by the facility, whether or
17 the customer authorizes the
facility to perform those repairs,
be performed, shall be contained
included in the written estimate
19 before the diagnosis is undertaken.
20 (3) If a customer initiates a request for service or parts for
21 the repair of a motor vehicle without receiving a written estimate
22 and voluntarily agrees to pay all reasonable costs of repair up to
23 an amount stated by the customer, a
repair facility may obtain
24 the customer a waiver of his or her right to receive a prior
25 estimate of repair costs. The waiver shall be in 14 point or larger
26 bold capital type face and executed with 1 copy to the customer who
27 is requesting the repairs.
The waiver shall read as follows:
1 "I, __________, voluntarily
request authorize __________ to
2 provide services or parts in the repair of the below described
3 motor vehicle without receiving an estimate of repair costs. By
4 signing this form, I understand that I will give up my right to:
5 1. Receive a written estimate of the cost for repairs;
6 2. Approve in advance any repairs or costs with a total cost
7 under $ __________; and
8 3. Refuse to pay for repairs with a total cost less than the
9 amount stated above.
10 The facility may exceed the amount stated above only after I
11 give my written or oral approval.
12 Motor vehicle description:
13 Customer signature _______________
14 Date __________
15 Time __________".
This waiver shall not be effective unless A waiver
17 described in subsection (3) is not effective unless it is given by
18 the customer voluntarily and with full knowledge of the
19 implications of the waiver. A motor vehicle repair facility or
20 anyone in its employ shall not make use of
the a waiver described
21 in subsection (3) in an attempt to evade this act.
22 (5) A motor vehicle repair facility shall at all times
23 display, in a place and manner conspicuous to its customers, a
24 current and valid certificate of repair facility registration
25 issued by the administrator.
26 (6) A motor vehicle repair facility shall include its
27 registration number, as assigned by the administrator, on each copy
1 of any instrument, form, contract, or other document used by the
2 applicant in dealing with the public in the repair of motor
3 vehicles, including, but not limited to, all of the following:
4 (a) Any document on which the facility routinely requires the
5 customer's signature.
6 (b) Any document used by the facility in connection with
7 providing estimates, diagnoses, or repairs.
8 (c) Any invoices, warranties, or waivers.
9 (d) Any other document used by the facility to comply with
10 this act or rules promulgated under this act.
11 Sec. 32a. (1) A motor vehicle repair facility shall display a
12 consumer information sign. The sign shall contain 12 lines of
13 lettering worded substantially as follows:
14 "THIS ESTABLISHMENT IS REGISTERED WITH THE MICHIGAN DEPARTMENT OF
15 STATE AND IS REQUIRED BY LAW TO FURNISH A CUSTOMER WITH A:
16 (1) WRITTEN ESTIMATE IF REPAIRS WILL BE $50 OR MORE OR ON REQUEST
17 IF REPAIRS WILL BE LESS THAN $50.
18 (2) DETAILED STATEMENT OF LABOR AND PARTS SUPPLIED. QUESTIONS
19 REGARDING SERVICE WORK SHOULD BE DIRECTED FIRST TO THE MANAGER OF
20 THIS REPAIR FACILITY.
21 MICHIGAN DEPARTMENT OF STATE
22 P.O. BOX ________, LANSING, MI 489____
23 TOLL-FREE TELEPHONE: 800 _________________
24 MON.-FRI., 8:30 A.M. - 4:30 P.M.
25 DEPARTMENT OF STATE WEBSITE: _____________."
26 (2) All of the following apply to a sign required under
27 subsection (1):
1 (a) It shall be rectangular in shape and at least 28 inches
2 high by 24 inches wide.
3 (b) It shall be constructed of durable material.
4 (c) The background of the sign shall be white.
5 (d) Print and other markings on the sign shall be black.
6 (e) The wording of the sign shall be printed in bold, block,
7 capital letters that are 1-inch high and 1/2-inch wide in lines 1,
8 2, 8, 9, 10, and 12; 3/4-inch high and 1/2-inch wide in line 11;
9 and 1/2-inch high and 3/8-inch wide in lines 3 to 7.
10 (f) The sign shall be laid out in a clearly legible fashion,
11 with the lettering arranged so that there is at least a 1/8-inch
12 space between any 2 letters within a line and at least a 1/2-inch
13 space between any 2 lines.
14 (g) The sign shall include the address, telephone numbers, and
15 Internet website address of the department in lines 9, 10, and 12,
16 as provided by the administrator.
17 (3) All of the following apply to the display of a sign
18 required under subsection (1) by a motor vehicle repair facility:
19 (a) The facility shall display the sign at each entrance to
20 the facility and at each cashier station. As used in this
21 subsection, "entrance to the facility" means each location in or
22 about the facility where customer repair service orders are
23 initially executed.
24 (b) The facility shall ensure that the sign is unobstructed
25 and clearly and readily visible to customers.
26 (c) If the facility is not enclosed or is a mobile facility,
27 the facility shall ensure that it is placed in an area where it is
1 easily noticeable to customers who are transacting business with
2 the facility.
3 (4) The administrator may require that a facility replace any
4 sign that does not meet all of the requirements of this section or
5 is no longer readily legible, or that the facility reposition any
6 sign that is improperly displayed.
7 Sec. 33. (1)
The administrator shall determine by rule the
time and manner in which the A motor vehicle repair
9 return replaced parts to the customer at the time
of the completion
of the work. This requirement does not apply to parts exempted the
11 repair work is completed. All of the following apply to the
12 obligation to return replaced parts under this subsection:
13 (a) A facility is not required to return any of the following
14 replaced parts to the customer:
15 (i) Parts that are exempted from the return requirement by the
16 administrator because of size, weight, or similar factors.
this requirement, and except for parts However, a facility shall
18 not prevent a customer from removing any heavy or large part, by
19 the customer's own means and at his or her expense.
20 (ii) Subject to subsection (3), parts that the motor vehicle
21 repair facility or mechanic is required to return to the
22 manufacturer or distributor under a warranty or exchange
If the parts must be returned to the manufacturer or
distributor, the facility or mechanic shall offer to show and upon
acceptance of the offer or upon request shall show the parts to the
customer upon completion of the work, except the facility shall not
be required to show a replacement part when a charge is not being
made for the replacement thereof.
2 (iii) For reasons of safety, a gasoline tank or any other
3 container-type part that was filled with or was otherwise in
4 appreciable contact with flammable fuels, unless that part is
5 rendered nonflammable.
6 (b) If any returned part presents an actual danger of
7 flammability or explosiveness, the facility shall clearly inform
8 the customer of that danger.
9 (c) When the repair work is completed, if requested by the
10 customer, the facility shall reasonably clean the replaced parts
11 that are to be returned or inspected by the customer. The facility
12 shall place portable parts in a suitable container. The facility
13 shall store any parts that it identifies as not portable in a
14 suitable place in the facility for the customer's inspection.
15 (d) If a facility charges a fee to a customer in connection
16 with the return of replaced parts, the facility must disclose that
17 fee to the customer in writing before the customer engages the
18 facility to replace the part.
19 (2) A customer shall be informed of his right to receive or
see inspect replaced parts as provided in this section prior
customer executing any document or engaging before the customer
22 executes any document or engages the facility or mechanic for the
The information shall be given Subject to subsection (5), the
24 facility shall provide this information to the customer by
25 providing the following notice to the customer, printed or
26 displayed on the face of any
contract, work order form,
or sign, or
27 other document
evidencing that evidences the
engagement of the
1 facility or mechanic
or by separate written document, in at
12 point boldface type 12-point
boldfaced letters that are at least
3 4 points larger that the principal size of the letters in that
4 document, or providing the notice in a separate written document in
5 at least 12-point, boldfaced, capital letters, as follows:
6 YOU ARE ENTITLED BY LAW TO THE RETURN OF ALL PARTS REPLACED,
7 EXCEPT THOSE WHICH ARE TOO HEAVY OR LARGE, AND THOSE REQUIRED TO BE
8 SENT BACK TO THE MANUFACTURER OR DISTRIBUTOR BECAUSE OF WARRANTY
9 WORK OR AN EXCHANGE AGREEMENT. YOU ARE ENTITLED TO INSPECT THE
10 PARTS WHICH CANNOT BE RETURNED TO YOU.
11 (3) If a facility is obligated to return a replaced part to
12 the manufacturer or a distributor under a warranty agreement, or,
13 subject to subsection (4), under an exchange agreement, the
14 facility is not required to return that part to the customer.
15 However, the facility or mechanic shall offer the customer an
16 opportunity to inspect the replaced part. If the customer accepts
17 the offer to inspect the part, or otherwise requests to inspect the
18 part, the facility or mechanic shall allow the customer to inspect
19 the part when the repair work is completed. A facility is not
20 required to show a replacement part to a customer if the
21 replacement is made without charge to the customer.
22 (4) If replacement of a part is contingent on the facility
23 keeping the part under an exchange agreement, the facility shall
24 explain, in a manner understandable to the customer, the precise
25 terms of the exchange agreement, including if applicable a
26 disclosure of the price to the customer if he or she wishes to
27 reclaim the part. If a customer raises a question or dispute with
1 the facility within 2 business days after the delivery of the
2 repaired vehicle to the customer and the dispute involves an
3 exchange part for which the facility required the customer pay a
4 deposit in the amount of the facility's obligation, the facility
5 shall refund the deposit to the customer if he or she returns the
6 part to the facility.
7 (5) A facility that displays the notice described in
8 subsection (2) on a clearly legible sign with lettering at least 1
9 inch high, conspicuously displayed in the part of the facility
10 where customers routinely contract for repairs, is not required to
11 provide the notice to a customer in the form of a document
12 described in subsection (2).
13 (6) All of the following apply to the disposition of replaced
14 parts that are not returned to the customer:
15 (a) Unless subdivision (b) applies, the facility shall not
16 dispose of the parts for at least 2 business days after the
17 customer takes possession of the repaired vehicle, unless the
18 customer has specifically authorized immediate disposition of the
20 (b) If a customer questions or disputes repairs performed by a
21 facility or the charges for those repairs within 2 days after the
22 customer takes possession of the repaired vehicle, the facility
23 shall not dispose of the replaced parts until the question or
24 dispute is resolved. If the dispute involves the replaced part, the
25 facility shall, in the presence of the customer, immediately affix
26 to the part a permanent mark sufficient to identify the part.
27 (7) If requested by a customer, a facility shall explain
1 exactly why a replaced part is defective or nonfunctional, or
2 otherwise why it was replaced.
motor vehicle repair facility shall display a
4 clearly legible sign in a conspicuous place at the entrance of the
indicates that customers may make
6 inquiries concerning repair service or complaints
may be made to
7 the administrator and
shall contain states the
8 telephone number of the department.
9 Sec. 34a. Unless otherwise requested by the customer, the
10 requirement to furnish a written estimate
shall under section 32
11 does not apply to repair work performed by a motor vehicle repair
when if the total cost for services and parts is less than
$20.00. Nothing in this, or any other $50.00. This section , shall
cause any repair facility to fail does not apply to or limit a
15 facility's obligation to
furnish to the customer a
for the repairs performed and the parts supplied.written statement
17 under section 34 that includes the actual cost of repairs.
18 Sec. 36. A facility that violates this act
or who, in a course
of dealing as set forth in this act or rules, engages in an unfair
or deceptive method, act, or practice, is liable as provided in
21 this act, to a person
who that suffers
damage or injury as a result
thereof of that
violation, in an amount equal to the
23 reasonable attorney fees and costs. If the damage or injury to the
24 person occurs as the result of a
wilful willful and
25 violation of this act, the person shall recover double the damages
26 plus reasonable attorney fees and costs from the facility.
27 Sec. 39.
The department shall promulgate the rules to
implement this act within 6 months after the effective date of this
act. The remaining portions of this act, except as provided in
section 5, shall become effective 6 months after the rules are
to 257.173 of the Michigan administrative
5 code are rescinded.
6 Enacting section 1. This amendatory act takes effect 90 days
7 after the date it is enacted into law.