S 644 Session 112 (1997-1998)
S 0644 General Bill, By Cork
Similar(H 3843)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33
TO TITLE 56 SO AS TO REQUIRE A MOTOR VEHICLE REPAIR FACILITY TO PROVIDE A
CUSTOMER A WRITTEN ESTIMATE, TO REQUIRE CONSENT FROM THE CUSTOMER BEFORE
SERVICE OR REPAIR BEGINS, TO PREVENT A MOTOR VEHICLE REPAIR FACILITY FROM
EXCEEDING ITS APPROVED ESTIMATE, TO REQUIRE DISPLAY OF THESE REGULATIONS IN
THE FACILITY, TO REQUIRE NOTICE OF USE OF "AFTER MARKET" OR USED PARTS, TO
GIVE CUSTOMERS THE RIGHT TO INSPECT AND RETAIN REPLACED PARTS, AND TO PROVIDE
REMEDIES AND PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS; AND TO
AMEND SECTION 29-15-10, RELATING TO LIENS FOR CHARGES FOR REPAIRS AND STORAGE,
SO AS TO REQUIRE NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND TO
EXCLUDE CHARGES NOT AUTHORIZED AS PROVIDED IN THIS CHAPTER.
04/10/97 Senate Introduced and read first time SJ-13
04/10/97 Senate Referred to Committee on Transportation SJ-13
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO
REQUIRE A MOTOR VEHICLE REPAIR FACILITY TO
PROVIDE A CUSTOMER A WRITTEN ESTIMATE, TO
REQUIRE CONSENT FROM THE CUSTOMER BEFORE
SERVICE OR REPAIR BEGINS, TO PREVENT A MOTOR
VEHICLE REPAIR FACILITY FROM EXCEEDING ITS
APPROVED ESTIMATE, TO REQUIRE DISPLAY OF THESE
REGULATIONS IN THE FACILITY, TO REQUIRE NOTICE OF
USE OF "AFTER MARKET" OR USED PARTS, TO GIVE
CUSTOMERS THE RIGHT TO INSPECT AND RETAIN
REPLACED PARTS, AND TO PROVIDE REMEDIES AND
PENALTIES FOR FAILURE TO COMPLY WITH THESE
PROVISIONS; AND TO AMEND SECTION 29-15-10, RELATING
TO LIENS FOR CHARGES FOR REPAIRS AND STORAGE, SO
AS TO REQUIRE NOTICE BY CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND TO EXCLUDE CHARGES NOT
AUTHORIZED AS PROVIDED IN THIS CHAPTER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 33
Motor Vehicle Repair and Service
Section 56-33-10. For the purposes of this chapter:
(1) 'Customer' means a person contracting for, or intending to
contract for, diagnoses, repairs, or services upon a motor vehicle used
primarily for personal or business use.
(2) 'Motor vehicle' means every self-propelled vehicle which is
subject to registration, except 'moped' as defined in Sections
56-1-1710 and 56-5-165, and every device in, upon, or by which a
person or property is or can be transported or drawn upon a highway
by mechanical means.
(3) 'Motor vehicle repair facility' means any person, motor vehicle
dealer, garage, body shop, or other service center engaged in
diagnoses, repairs, or services to a motor vehicle for the purpose of
making a profit.
(4) 'After market parts' means bodyparts that have been
manufactured as nonoriginal replacement parts.
(5) 'Used parts' means parts that are used, rebuilt, or
reconditioned.
Section 56-33-20. (A) Upon request by a customer, and before the
commencement of repair work, including diagnostic work, on a
motor vehicle for which a consumer is likely to be charged more than
fifty dollars, the motor vehicle repair facility must furnish the
customer a written statement of:
(1) the estimated cost of labor necessary to complete the work;
(2) the estimated cost of parts necessary to complete the work;
(3) a description of the problem or work as described or
requested by the consumer; and
(4) the estimated completion time.
(B) If a customer requests an estimate, the repair facility may not
undertake repair on the motor vehicle without oral or written
authorization, other than limited diagnostic work as may be necessary
for the preparation of an estimate. The customer may waive in
writing his right to an estimate.
(C) When the estimate is for the purpose of or includes diagnosing
a motor vehicle malfunction, the written estimate must include the
cost of diagnosis and disassembly and the cost of reassembly if the
customer does not authorize the repair.
(D) When body parts are included in the estimate, the written
estimate must state clearly if the parts were manufactured as original
equipment parts for the motor vehicle, were manufactured as after
market parts, or are used parts. When parts other than body parts are
included in the estimate, the estimate must state clearly if the parts
were manufactured as original replacement parts for the vehicle or are
used parts.
(E) A motor vehicle repair facility may not charge for diagnoses,
repairs, services, or other work exceeding the estimated amount by
the lesser of ten percent or fifty dollars, without oral or written
consent from the customer. If consent is oral, the motor vehicle
repair facility must make a notation on the work order of the date,
time, name of person authorizing the additional work, telephone
number called, specification of the additional parts and labor, and the
total additional cost.
(F) If the customer cancels the order for work after being advised
that the estimated amount will be exceeded by ten percent or fifty
dollars, the motor vehicle repair facility must reassemble
expeditiously the motor vehicle in a condition reasonably similar to
the condition in which it was received unless the customer waives
reassembly. Costs attributable to the tear down and reassembly,
including parts and labor, may be charged to the customer only if he
was notified of these possible costs in the written estimate before the
commencement of diagnostic work.
(G) A motor vehicle repair facility must display conspicuously in
an area frequented by persons seeking diagnoses, repairs, or services
on motor vehicles a sign, not less than twenty-two by twenty-eight
inches in size and in boldface letters at least 2 inches high and " inch
wide, with the following:
'SOUTH CAROLINA STATE LAW GIVES YOU, THE
CUSTOMER, THE RIGHT TO ASK FOR AND TO RECEIVE A
WRITTEN ESTIMATE OF TOTAL CHARGES FOR WORK ON
YOUR CAR. IF YOU DO NOT WAIVE THIS RIGHT IN
WRITING, NO WORK CAN BEGIN ON YOUR CAR WITHOUT
YOUR CONSENT TO THE CHARGES, AND YOU CAN STOP
THE WORK ON YOUR CAR IF THE CHARGES ARE MORE
THAN TEN PERCENT OR FIFTY DOLLARS HIGHER THAN
THE WRITTEN ESTIMATE.'
Section 56-33-30. Upon completion of service or repair work on
a motor vehicle, including work performed pursuant to a warranty, a
motor vehicle repair facility must provide the customer a written
invoice which clearly indicates the work performed and the charges
for parts and labor, separately stated, and which separately identifies
those parts provided under warranty, not under warranty, after market
parts, and used parts.
Section 56-33-40. A motor vehicle repair facility must offer, in
connection with the written estimate, to return to the customer parts
which are removed from the motor vehicle and replaced during the
process of repair except for a part which is required to be returned to
a manufacturer or distributor under a warranty agreement, trade-in
agreement, or core charge agreement for a reconditioned part. The
customer retains the right to inspect requested returned parts even if
custody cannot be granted.
Section 56-33-50. Each motor vehicle repair facility must maintain
records, estimates, and invoices of all diagnoses, services, and repairs
performed on motor vehicles for one year following the date of
delivery.
Section 56-33-60. An action brought under this chapter must be
commenced within one year following the date of delivery of the
motor vehicle to the consumer.
Section 56-33-70. Each violation of the provisions of this chapter
constitutes a separate prohibited practice and is punishable by a fine
of not more than one thousand dollars. If it is determined by a court
of competent jurisdiction that a violation is wilful, the court may
impose a fine of not less than five hundred fifty dollars or thirty days
in jail, or both, for each violation.
Section 56-33-80. Notwithstanding other provisions of law, it is
unlawful for a motor vehicle repair facility to fail to return a
customer's motor vehicle because the customer has refused to pay for
unauthorized work or for work resulting in charges in excess of the
written estimate by ten percent or fifty dollars."
SECTION 2. Section 29-15-10 of the 1976 Code is amended to
read:
"Section 29-15-10. (A) It is lawful for any
the proprietor, owner, or operator of any a
storage place, garage, or repair shop of whatever kind or repairman
who makes repairs upon any an article under contract
or furnishes any material for the repairs to sell the property as
provided in this section. When property has been left at his shop for
repairs or storage, and after the completion of these repairs or the
expiration of the storage contract, and the article has been
retained continuously retained in his possession, the
property may be sold at public auction to the highest bidder upon
the expiration of thirty days after written notice pursuant to
certified mail return receipt requested has been given to the owner of
the property and to any a lienholder with a perfected
security interest in the property that the repairs have been completed
or storage charges are due. The property must be sold by any
a magistrate of the county in which the work was done or
the vehicle or thing was stored. However, Only those storage
charges which accrued after the day on which written notice was
mailed to the lienholder constitutes a lien against the vehicle or
property to be sold.
(B) The magistrate shall, before selling the
property, insure shall ensure that any
lienholder all lienholders of record has
have been notified of the pending sale, and the magistrate
shall advertise the property for at least fifteen days by posting a
notice in three public places in his township. He shall, After
deducting all proper costs and commissions, the magistrate
shall pay to the claimant the money due to him, taking his
receipt for it, after which he the magistrate shall
deposit the receipt, as well as the items of costs and
commissions, with the remainder of the money or proceeds
of the sale in the office of the clerk of court subject to the order of the
owner of the article and any lienholders a lienholder
having a perfected security interest in the article or
any a legal representative of the owner or the
lienholder. The magistrate who sells the property is entitled to
receive the same commissions as allowed by law for the sale of
personal property by constables.
(C) When the value of the repaired or stored
property repaired or stored does not exceed ten dollars, the
storage proprietor, owner, operator, or repairman
may sell the property at public auction to the highest bidder upon
the expiration of thirty days after written notice has been given
to the owner of the property that the repairs have been completed or
storage charges are due. and if A description of the
article to be offered for sale and the cost of it has must
have been advertised from the time of the written notice
advertised, together with the time and place of the proposed
sale, in a prominent place in the shop or garage, on the county
bulletin board at the courthouse, and in some other public place. The
sale must be made for cash to the highest bidder at the shop or garage
at which the repairs were made or storage incurred at ten a.m. on the
first Monday of the first month after the thirty days' notice has been
given and the true result of the sale must be immediately
made known immediately to the original owner of the article
sold, by notice addressed to the last-known address of the
owner.
(D) This section does not apply to work on a motor vehicle,
written estimated charges for which, or the charges in excess of the
written estimated charges for which, were not authorized pursuant to
Chapter 33, Title 56."
SECTION 3. This act takes effect upon approval by the Governor.
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