HOUSE BILL No. 5366


     October 29, 2001, Introduced by Reps. Vander Veen, Howell, Gilbert and Julian and referred to the Committee on Commerce.


        A bill to amend 1974 PA 300, entitled

   "Motor vehicle service and repair act,"

   by amending sections 2, 3, and 33 (MCL 257.1302, 257.1303, and

   257.1333), section 2 as amended by 1988 PA 254.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 2.  As used in this act:

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           (a) "Administrator" means the secretary of state or any

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      person designated by him or her to act in his or her place.

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           (b) "Department" means the department of state.

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           (c) "Master mechanic" means a motor vehicle mechanic or spe-

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      cialty mechanic who is certified by the department pursuant to

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      this act in all of the specific repair categories.

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           (d) "Motor vehicle" means a vehicle  which  THAT is

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      self-propelled, a vehicle  which  THAT is propelled by electric

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      power, a motorcycle,  or  a trailer, OR A SEMI-TRAILER as those


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      terms are defined in the Michigan vehicle code,  Act No. 300 of

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      the Public Acts of 1949, as amended, being sections 257.1 to

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      257.923 of the Michigan Compiled Laws  1949 PA 300, MCL 257.1 TO

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      257.923.  For the purposes of this act, a motor vehicle does not

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      include the dwelling or sleeping portions of a motor home, trail-

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      er, or any recreational vehicle  having similar facilities which

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      THAT HAS SIMILAR FEATURES THAT are not directly connected with

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      the drive mechanism of the vehicle or other areas of repair

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       which  THAT would require certification of motor vehicle mechan-

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      ics as specified in this act or rules promulgated pursuant to

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      this act.

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           (e) "Motor vehicle mechanic" means a technician, individual,

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      or other person who, for compensation, repairs motor vehicles,

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      including the reconditioning, replacement, adjustment, or alter-

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      ation of the operating condition  ,  of any component or subas-

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      sembly of a motor vehicle.

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           (f) "Mechanic trainee" means a person who desires to become

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      a motor vehicle mechanic, a specialty mechanic, or a master

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      mechanic and receives a permit from the administrator pursuant to

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      this act.

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           (g) "Motor vehicle repair facility" means a place of busi-

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      ness  which engages in the business of performing or employing

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      THAT PERFORMS OR EMPLOYS persons who perform maintenance, diagno-

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      sis, vehicle body work, or repair, OIL CHANGE, OR LUBRICATION

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      service on a motor vehicle for compensation.  , but excluding

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      all  MOTOR VEHICLE REPAIR FACILITY DOES NOT INCLUDE ANY of the

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      following:



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           (i) A person who engages only in the business of repairing

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      the motor vehicles of a single commercial or industrial estab-

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      lishment or governmental agency.

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           (ii) A person repairing his or her own or a family member's

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       car  MOTOR VEHICLE.

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           (iii) A business that does not diagnose the operation of a

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      motor vehicle, does not remove parts from a motor vehicle to be

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      remachined, and does not install finished machined or remachined

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      parts on a motor vehicle,  not including  EXCEPT FOR a motor

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      vehicle repair facility  that engages in the business of  per-

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      forming or employing persons who perform vehicle body work, OIL

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      CHANGES, OR LUBRICATION SERVICES.

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           (iv) A SERVICE STATION ENGAGED IN THE RETAIL SALE OF MOTOR

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      FUEL AND LUBRICANTS THAT DOES NOT PROVIDE MAINTENANCE, DIAGNOSIS,

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      VEHICLE BODYWORK, OR REPAIR, OIL CHANGE, OR LUBRICATION SERVICE

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      ON A MOTOR VEHICLE FOR COMPENSATION.

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           (h) "Specialty mechanic" means a motor vehicle mechanic who

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      is certified by the department for a specific repair category or

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      categories pursuant to this act.

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           Sec. 3.   Unless the means of doing or engaging in a motor

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      vehicle repair business including the operating of a motor vehi-

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      cle repair facility is adopted for the purposes of evading this

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      act, and except as otherwise provided in this act, this act shall

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      not apply to gasoline service stations exclusively engaged in the

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      business of selling motor fuel and lubricants.  A  person or

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      facility  PLACE OF BUSINESS providing minor REPAIR services FOR

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      COMPENSATION, including, but not limited to,  :  the  changing or



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      installing  of  light bulbs, tires, lamp globes, batteries, air

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      filters, oil filters, windshield wiper blades, fan or power

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      assist belts, or lubrication or oil changes, and other minor or

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      ornamental accessories,  or activities incidental to the business

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      of selling motor fuel and lubricants  is  hereby declared  a

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      motor vehicle repair facility  and is  subject to this act,

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      except that those employees performing only minor  repairs

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      REPAIR SERVICE DESCRIBED IN THIS SECTION need not be certified

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      under this act.

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           Sec. 33.  (1) The administrator shall determine by rule the

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      time and manner in which the motor vehicle repair facility shall

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      return replaced parts to the customer  at the time of  UPON OR

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      AFTER the completion of the work.  This requirement does not

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      apply to parts exempted by the administrator because of size,

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      weight, or similar factors,  from this requirement, and except

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      for  OR parts  that  the motor vehicle repair facility or

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      mechanic  is required to  MUST return to the manufacturer or dis-

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      tributor under a warranty or exchange arrangement.  If the parts

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      must be returned to the manufacturer or distributor, the MOTOR

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      VEHICLE REPAIR facility or mechanic shall offer to show and upon

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      acceptance of the offer or upon request shall show the parts to

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      the customer upon completion of the work.  , except the facility

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      shall not be  A MOTOR VEHICLE REPAIR FACILITY IS NOT required to

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       show  RETURN a replacement part when a charge is not being made

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      for the replacement.  thereof.

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           (2) A MOTOR VEHICLE REPAIR FACILITY SHALL INFORM A customer

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       shall be informed  of his OR HER right to receive or see



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      replaced parts as provided in  this section prior to

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      SUBSECTION (1) BEFORE the customer  executing  EXECUTES any docu-

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      ment or  engaging  ENGAGES the MOTOR VEHICLE REPAIR facility  or

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      mechanic  for the work  .  The information shall be given to the

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      customer  BY INCLUDING THE FOLLOWING NOTICE IN A SEPARATE WRITTEN

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      DOCUMENT OR on the face of any contract, work order form,  or

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      sign, or other document evidencing the engagement of the MOTOR

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      VEHICLE REPAIR facility,  or mechanic or by separate written

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      document,  in at least 12-point  boldface  BOLDFACED type:
    as

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      follows:

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          YOU ARE ENTITLED BY LAW TO THE RETURN OF ALL PARTS

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          REPLACED, EXCEPT THOSE WHICH ARE TOO HEAVY OR LARGE, AND

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          THOSE REQUIRED TO BE SENT BACK TO THE MANUFACTURER OR

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          DISTRIBUTOR BECAUSE OF WARRANTY WORK OR AN EXCHANGE

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          AGREEMENT.  YOU ARE ENTITLED TO INSPECT THE PARTS WHICH

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          CANNOT BE RETURNED TO YOU.

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           (3)  The  A motor vehicle repair facility shall display a

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      clearly legible sign in a conspicuous place at the entrance of

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      the facility  indicating  THAT INDICATES that inquiries concern-

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      ing repair service or complaints may be made to the administrator

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      and  shall contain  CONTAINS the address and telephone number of

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      the department.













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