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
House Bill 2268
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 as
introduced.
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.
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, 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) 'Owner's designee' means an individual who has custody of a
motor vehicle or permission to make decisions concerning the
repair or maintenance of a motor vehicle, provided that the
individual can verify that the owner of the motor vehicle has
given the custody or granted the permission.
(2)(a) 'Vehicle repair shop' means a person engaged in the
business of evaluating the condition of, maintaining and
repairing motor vehicles.
(b) 'Vehicle repair shop' does not include a person that, in
connection with a claim under a motor vehicle liability insurance
policy, as defined in ORS 746.275, evaluates the condition of or
makes repairs to a motor vehicle that was physically damaged. + }
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 shall give a copy of the estimate to the owner of the
motor vehicle, or the owner's designee, and shall retain a copy.
The estimate, at a minimum, must:
(a) Describe the nature of the proposed work and the general
methods or procedures the vehicle repair shop will use to perform
the work;
(b) Divide the work into separate tasks, to the extent that the
work may be divided into separate tasks, and identify the tasks
critical to maintaining the motor vehicle in or restoring the
motor vehicle to an operable condition;
(c) Identify each part and component system the vehicle repair
shop proposes to replace and state conspicuously whether the
replacement part or component system will be new, used, rebuilt
or reconditioned;
(d) Identify conspicuously each part of a new component system
proposed for replacement that is used, rebuilt or reconditioned;
(e) State conspicuously whether a part or component system is
supplied by the original equipment manufacturer;
(f) List the estimated cost of labor for each task, the cost
for each part or component system the vehicle repair shop
proposes to replace and the amount of any incidental charges; and
(g) State conspicuously that the final costs for the tasks
performed and the parts replaced may vary from the stated costs
by not more than 10 percent or $100, whichever amount is less.
(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, evaluation and reassembly, assuming for the purpose
of the estimate that the motor vehicle 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;
(b) List separately the labor costs of performing the
disassembly, evaluation and reassembly;
(c) List separately the cost to replace parts that will be
damaged or destroyed in the course of performing the disassembly,
evaluation and reassembly;
(d) State the maximum amount of time, calculated from the date
on which the motor vehicle owner or owner's designee authorizes
the disassembly, evaluation and reassembly of the motor vehicle,
that the vehicle repair shop would take to reassemble the motor
vehicle if the owner or owner's designee elects not to proceed
with work the vehicle repair shop recommends or proposes after
evaluating the condition of the motor vehicle; and
(e) State whether and the extent to which the disassembly,
evaluation and reassembly of the vehicle will prevent the
restoration of the motor vehicle or a component of the motor
vehicle to the initial state of the motor vehicle or component
before the disassembly, evaluation and reassembly.
(3) If a vehicle repair shop proposes to replace parts of the
motor vehicle with parts made by the original equipment
manufacturer, the vehicle repair shop shall attach a warranty
statement to the estimate described in subsection (1) of this
section that guarantees that the replacement parts meet or exceed
standards used in manufacturing the original parts.
(4) If the vehicle repair shop proposes to replace parts of the
motor vehicle with parts other than those made by the original
equipment manufacturer, the estimate shall include a statement
that reads: + }
________________________________________________________________
{ + This estimate has been prepared based on the use of a
motor vehicle part not made by the original equipment
manufacturer. The use of a motor vehicle part not made by the
original equipment manufacturer may invalidate any remaining
warranties of the original equipment manufacturer on that motor
vehicle part. The person who prepared this estimate will provide
a copy of the part warranty for parts not made by the original
equipment manufacturer for comparison purposes. + }
________________________________________________________________
{ + (5) For purposes of this section, a statement or
identification is conspicuous if a reasonable person reading the
estimate should have noticed the statement or identification. A
vehicle repair shop may direct a reader's attention to the
statement or identification by printing the statement or
identification on the estimate in boldface, italics or capital
letters or with a contrasting color, underlining or other means
reasonably intended to call attention to the statement or
identification. + }
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 of a
motor vehicle or the owner's designee more than $100:
(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 physical damage to 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 replace a
part with a part of a quality or condition that differs from the
method, procedure, task 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 $100, whichever
amount is less.
(2) A vehicle repair shop shall obtain a separate authorization
from the owner of a motor vehicle or the owner's designee before
taking any of the actions described in subsection (1) of this
section. After consulting with the owner or owner's designee, the
vehicle repair shop shall 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 shall 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. 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 or electronic mail 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 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 message to a
copy of the estimate. + }
SECTION 4. { + (1) A vehicle repair shop may not:
(a) Charge a person for work the vehicle repair shop does not
perform 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 of the motor vehicle 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) Provide or install, without the consent of the owner of a
motor vehicle or the owner's designee, a part that an independent
test facility has not certified to be at least equivalent to the
part replaced. For purposes of this paragraph, a replacement part
is at least equivalent to the part replaced if the replacement
part is the same kind of part and is of at least the same quality
with respect to fit, finish, function and corrosion resistance.
(2) A vehicle repair shop shall:
(a) Reassemble, 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 three years, in electronic or
printed form, legible copies of all documents required or
provided under sections 1 to 5 of this 2009 Act and all invoices
pertaining to work performed under sections 2 and 3 of this 2009
Act, including invoices for parts or labor that other persons
provide to the vehicle repair shop. + }
SECTION 5. { + (1) An owner of a motor vehicle may designate a
person as the owner's designee in writing either on the estimate
prepared under section 2 of this 2009 Act or by means of a
separate writing. The owner shall sign a designation made under
this section. If the designation is a separate writing, the
vehicle repair shop that prepared the estimate shall attach a
copy of the separate writing to the estimate.
(2) An owner of a motor vehicle may not designate a vehicle
repair shop or an owner, agent or employee of a vehicle repair
shop as the owner's designee. + }
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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