CHAPTER 189
H.P. 590 - L.D. 831
An Act To Clarify the Law Relating to Motor Vehicle Repair Posters
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §1801, sub-§5 is enacted to read:
5. Shop supplies. "Shop supplies" means small parts and materials used or consumed in the process of repair, including, but not limited to, nuts and bolts, electrical wire, rags, tape, brake cleaners and other items maintained as inventory.
Sec. 2. 29-A MRSA §1802, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
2. No liability without agreement. A customer is not liable for a charge in excess of the specific amount designated in accordance with subsection 1 without further specific oral or written agreement. A repair facility shall charge a customer by using the same labor rate per hour and shop supplies calculation as is used in any estimate the repair facility provides.
Sec. 3. 29-A MRSA §1802, sub-§3 is enacted to read:
3. Shop supplies. A repair facility may bill for shop supplies calculated as a percentage of labor or by other calculation, if disclosed to the customer, as a single line item.
Sec. 4. 29-A MRSA §1805, sub-§2, as amended by PL 1997, c. 221, §1, is further amended to read:
2. Flat rate. The notice must also contain the following if it applies:
"We also charge a flat rate for some repairs. Our service manager will explain what a flat rate is and show you how much it may cost you. A flat-rate charge may not match the time actually spent repairing your vehicle. PLEASE ASK US WHETHER WE WILL CHARGE YOU BY THE HOUR OR BY A FLAT RATE. We use the same labor rate method in any estimate we provide and any bill you receive."
Sec. 5. 29-A MRSA §1805, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 6. 29-A MRSA §1805, sub-§4 is enacted to read:
4. Shop supplies. If the repair facility charges a separate line item for shop supplies, the notice must also contain the following:
"WE CHARGE ....... FOR SHOP SUPPLIES. Our service manager will explain shop supplies and how much they may cost you."
Effective September 17, 2005.
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