75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 866
A-Engrossed
House Bill 2268
Ordered by the House March 27
Including House Amendments dated March 27
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires vehicle repair shop to prepare estimate of work that
vehicle repair shop proposes to perform on motor vehicle before
beginning work. Specifies contents of estimate. Requires vehicle
repair shop to obtain separate, specific authorization for
certain types of work if work is estimated to cost motor vehicle
owner or owner's designee more than { - $100 - } { +
$200 + }.
Requires vehicle repair shop to take certain actions and
prohibits vehicle repair shop from taking certain other actions.
Permits owner of motor vehicle to designate, in writing, { +
orally or by telephone, + } person as owner's designee.
Authorizes enforcement of violation of Act as unlawful trade
practice.
A BILL FOR AN ACT
Relating to requirements for customer authorization of motor
vehicle repairs; creating new provisions; and amending ORS
646.608.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2009 Act:
(1)(a) 'Motor vehicle' means a self-propelled device, other
than a motor home, that is used:
(A) To transport persons or property upon a public highway; and
(B) For personal, family or household purposes.
(b) 'Motor vehicle' does not include a motor vehicle owned as
part of a fleet and maintained under the terms of a maintenance
contract.
(2) 'Owner' means an individual who has legal authority or
apparent legal authority to make decisions concerning the
maintenance or repair of a motor vehicle.
(3) 'Owner's designee' means an individual who received
permission in accordance with section 5 of this 2009 Act to make
decisions concerning the repair or maintenance of a motor
vehicle.
(4)(a) 'Vehicle repair shop' means an individual, corporation,
partnership, limited liability company or other business entity
that in exchange for payment evaluates the condition of,
maintains or repairs a motor vehicle.
(b) 'Vehicle repair shop' does not include a motor vehicle body
and frame repair shop, as defined in ORS 746.275. + }
SECTION 2. { + (1) A vehicle repair shop shall prepare an
estimate of the cost of work the vehicle repair shop proposes to
perform on a motor vehicle before beginning the work. The vehicle
repair shop not later than before receiving final payment shall
give a copy of the estimate, either as a separate document or in
the form of an invoice, to the owner or the owner's designee. The
vehicle repair shop shall retain a copy of the estimate. The
estimate, at a minimum, must:
(a) Describe the general nature of the proposed work;
(b) Divide the work into separate tasks, to the extent that the
work may be divided into separate tasks; and
(c) List:
(A) The estimated cost of labor and the parts or component
systems the vehicle repair shop proposes to replace;
(B) The amount of any incidental charges; and
(C) The total estimated cost, which may consist of a reasonable
range.
(2) If a vehicle repair shop proposes to disassemble all or a
portion of a motor vehicle or to remove parts or components of a
motor vehicle in order to evaluate the condition of the motor
vehicle for the purpose of recommending or proposing additional
work, in addition to complying with the requirements shown in
subsection (1) of this section, the estimate must:
(a) List the total estimated cost of performing the disassembly
and evaluation and a separate estimate of the cost for
reassembly, assuming for the purpose of the estimate that the
owner or owner's designee elects not to proceed with work the
vehicle repair shop may recommend or propose after evaluating the
condition of the motor vehicle; and
(b) State the estimated amount of time, calculated from the
date on which the owner or owner's designee authorizes the
disassembly, evaluation and reassembly of the motor vehicle, that
the vehicle repair shop would reasonably take to reassemble the
motor vehicle if all necessary parts are available and if the
owner or owner's designee, on the day that the owner or owner's
designee receives the estimate, elects not to proceed with work
the vehicle repair shop recommends or proposes after evaluating
the condition of the motor vehicle. + }
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, a vehicle repair shop may not take any of the
following actions if an estimate prepared under section 2 of this
2009 Act shows that taking the action will cost the owner or the
owner's designee more than $200:
(a) Evaluate the condition of a motor vehicle.
(b) Disassemble all or a portion of a motor vehicle or remove
parts or components of a motor vehicle in order to evaluate the
condition of the motor vehicle.
(c) Perform labor or replace or recondition a part in order to:
(A) Repair a motor vehicle; or
(B) Maintain the motor vehicle in or restore the motor vehicle
to an operable condition or a condition that conforms with an
identified or recognized standard.
(d) Use a work method or procedure, perform a task or labor or
replace a part in a manner that differs from the method,
procedure, task, labor or part described or identified in the
estimate, if the change increases the cost specified in the
estimate by more than 10 percent or by more than $200, whichever
amount is less.
(2) A vehicle repair shop shall obtain a separate authorization
from the owner or the owner's designee before taking an action
described in subsection (1) of this section. After consulting
with the owner or owner's designee, the vehicle repair shop
shall:
(a) Cross out, remove from or otherwise indicate on the
estimate prepared under section 2 of this 2009 Act the work the
vehicle repair shop will not perform on the motor vehicle and
recalculate and display on the estimate the cost of work the
vehicle repair shop will perform before obtaining authorization
or assent from the owner or owner's designee; or
(b) Prepare a new estimate in accordance with section 2 of this
2009 Act and void the previous estimate before obtaining
authorization or assent from the owner or owner's designee.
(3) The vehicle repair shop may obtain authorization or assent
by any of the following means:
(a) Obtaining the signature of the owner or owner's designee
under a statement printed on the estimate that authorizes the
action.
(b) Obtaining the oral assent of the owner or owner's designee
by telephone. The vehicle repair shop shall provide the owner or
owner's designee with all material information shown on the
estimate and shall note on the estimate the name and telephone
number of the person that gives the assent and the date and time
of the call.
(c) Receiving by facsimile, electronic mail or other electronic
means a written message that authorizes the work. A facsimile
message must display the signature of the person that gives the
authorization and the date and time of transmission. An
electronic mail or other electronic message must show the name of
the person that gives the authorization and the date and time of
transmission. The vehicle repair shop shall attach the facsimile
or a printout of the electronic mail or other electronic message
to a copy of the estimate. + }
SECTION 4. { + (1) A vehicle repair shop may not:
(a) Charge a person for work not performed on a motor vehicle
even if the work is shown on an estimate for which the vehicle
repair shop has obtained an authorization from the owner or the
owner's designee.
(b) Provide or install used parts or any component system
composed of new and used parts if an estimate prepared under
section 2 of this 2009 Act indicates that the vehicle repair shop
will use new parts or component systems in work performed on the
motor vehicle.
(c) Knowingly provide or install, without disclosing to the
owner or the owner's designee, a used or reconditioned part.
(2) A vehicle repair shop shall:
(a) Reassemble, if all necessary parts are available,
approximately within the time indicated on an estimate prepared
under section 2 (2) of this 2009 Act, a motor vehicle that the
vehicle repair shop has disassembled or from which the vehicle
repair shop has removed parts in order to evaluate the condition
of the motor vehicle.
(b) Maintain for not less than one year, in electronic or
printed form, legible copies of all documents required or
provided under sections 1 to 5 of this 2009 Act. + }
SECTION 5. { + (1) An owner may designate a person as the
owner's designee:
(a) In writing, either on the estimate prepared under section 2
of this 2009 Act or by means of a separate document. The owner
shall sign a written designation made in accordance with this
paragraph. If the designation is a separate document, the vehicle
repair shop shall attach a copy of the document to the estimate.
(b) Orally or by telephone. For a designation made in
accordance with this paragraph, the vehicle repair shop shall
note on the estimate the name and telephone number of the person
who made the designation, the name of the owner's designee and,
if the person made the designation by telephone, the date and
time of the call.
(2) An owner may waive the authorization requirement set forth
in section 3 (2) of this 2009 Act only when the owner receives an
explanation of the authorization requirements and signs a
separate document directly under a statement that conspicuously
identifies the authorization requirement.
(3) An owner may not designate a motor vehicle repair shop or a
principal, agent or employee of a motor vehicle repair shop as
the owner's designee.
(4) For purposes of this section, a statement is conspicuous if
a reasonable person reading the separate document should have
noticed the statement. + }
SECTION 6. ORS 646.608, as amended by section 8, chapter 19,
Oregon Laws 2008, and section 5, chapter 31, Oregon Laws 2008, is
amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646A.070 (1).
(cc) Violates any requirement of ORS 646A.030 to 646A.040.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates any provision of ORS 646A.020.
(gg) Violates ORS 646.569.
(hh) Violates the provisions of ORS 646A.142.
(ii) Violates ORS 646A.360.
(jj) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(kk) Violates ORS 646.563.
(LL) Violates ORS 759.690 or any rule adopted pursuant thereto.
(mm) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(nn) Violates ORS 646A.210 or 646A.214.
(oo) Violates any provision of ORS 646A.124 to 646A.134.
(pp) Violates ORS 646A.254.
(qq) Violates ORS 646A.095.
(rr) Violates ORS 822.046.
(ss) Violates ORS 128.001.
(tt) Violates ORS 646.649 (2) to (4).
(uu) Violates ORS 646A.090 (2) to (4).
(vv) Violates ORS 87.686.
(ww) Violates ORS 646.651.
(xx) Violates ORS 646A.362.
(yy) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
(zz) Violates ORS 180.440 (1).
(aaa) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(bbb) Violates ORS 87.007 (2) or (3).
(ccc) Violates ORS 92.405 (1), (2) or (3).
(ddd) Engages in an unlawful practice under ORS 646.648.
(eee) Violates ORS 646A.365.
(fff) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
(ggg) Sells a gift card in violation of ORS 646A.276.
(hhh) Violates ORS 646A.102, 646A.106 or 646A.108.
(iii) Violates ORS 646A.430 to 646A.450.
(jjj) Violates a provision of sections 2 to 6, chapter 19,
Oregon Laws 2008.
(kkk) Violates section 2, chapter 31, Oregon Laws 2008, 30 or
more days after a recall notice, warning or declaration described
in section 2, chapter 31, Oregon Laws 2008, is issued for the
children's product, as defined in section 1, chapter 31, Oregon
Laws 2008, that is the subject of the violation.
{ + (LLL) Violates a provision of sections 1 to 5 of this
2009 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(zz)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
SECTION 7. { + Sections 1 to 5 of this 2009 Act and the
amendments to ORS 646.608 by section 6 of this 2009 Act apply to
estimates a vehicle repair shop prepares or work a vehicle repair
shop performs on a motor vehicle on or after the effective date
of this 2009 Act. + }
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