Analysis of the 1995 Amendments to the Motor Vehicle Repair Act of 1977
| Publication year | 1996 |
| Pages | 43 |
| Citation | Vol. 25 No. 12 Pg. 43 |
1996, December, Pg. 43. Analysis of the 1995 Amendments to the Motor Vehicle Repair Act of 1977
Every automobile owner has experienced apprehension on taking the vehicle to a garage for service, and owners often expect the worst when dealing with auto mechanics and paving for repairs. Such apprehension may have contributed to the Colorado legislature's enactment of the Motor Vehicle Repair Act of 1977 ("Act"),(fn1) which was designed to protect the consumer from deceptive practices of auto mechanics.(fn2) The Act prohibits a garage from performing repairs on a motor vehicle unless the garage obtains the written consent of the customer, and it requires the garage to provide a written estimate.(fn3)
However, due to the complicated way in which the statute was written, it is difficult for both consumers and garages to understand what must be contained in an estimate and how written consent to the estimate must be obtained. This article compares the current version of the Act, as of the 1995 amendments, to prior law and discusses its practical application.
The 1977 Act was intended to protect consumers from unfair auto repair tactics. Although the original provisions of the Act generally remain intact after the 1995 amendments, certain penalties are more stringent and new provisions have been added to make the Act more effective.(fn4)
Under the original version of the Act, an auto repair garage was required to provide the customer with an estimate of repair costs and the expected completion date for the repair, and to obtain the customer's written consent before proceeding with any work.(fn5) Written consent could be waived only if the vehicle was towed to the repair shop, if the customer left the vehicle at the shop during nonbusiness hours, or if the customer signed a waiver.(fn6) A garage that failed to comply with the provisions of the Act could be liable to a customer for at least $150 in damages, attorney fees, and costs.(fn7)
The 1995 version of the Act limits the dollar amount of repairs that may be performed without the customer's written consent. Under current law, the repair shop may not perform a repair that exceeds $100 in labor and parts when the customer's vehicle is towed to the repair shop or when the customer leaves the vehicle with the shop during nonbusiness hours.(fn8) The prior version of the Act did not limit the amount that could be charged to the customer in those circumstances.
In addition, under the 1995 amendments, limits have been placed on the amount a repair shop may charge to store a customer's vehicle after repairs have been completed. If a customer leaves his or her vehicle for longer than three days after authorized repairs have been completed and the customer is notified of such, storage charges begin to accrue and may be charged to the customer at a rate...
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