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Register October 2004 No. 586
Chapter ATCP 132
MOTOR VEHICLE REPAIR
ATCP 132.01 Definitions.
ATCP 132.02 Repair authorization.
ATCP 132.03 Written repair order.
ATCP 132.04 Repair price information.
ATCP 132.05 Estimated completion date.
ATCP 132.06 Additional authorization.
ATCP 132.07 Replaced parts; return or inspection.
ATCP 132.08 Repair invoice.
ATCP 132.09 Prohibited practices.
ATCP 132.10 Repair records.
ATCP 132.11 Waivers.
Ch. ATCP 132 Note Note: Chapter Ag 132 was renumbered chapter ATCP 132 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448; Chapter ATCP 132 as it existed on December 31, 1994 was repealed and a new chapter ATCP 132 was created effective January 1, 1995.
Ch. ATCP 132 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or 100.26 (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys fees.
ATCP 132.01 ATCP 132.01 Definitions. As used in this chapter:
ATCP 132.01(1) (1) "Accessory" means an item, such as a radio, audio system component or cellular communications device, that is designed to be attached to a motor vehicle and that is attached by cutting, drilling, fastening with screws or bolts, establishing electrical connections, or intruding into any existing component, part or system in a motor vehicle.
ATCP 132.01(2) (2) "Customer" means a natural person, corporation or business entity that owns, operates or controls a motor vehicle that is the subject of a repair transaction. "Customer" includes a person who is authorized to act on the customer's behalf, or who acts on the customer's behalf with the customer's apparent authorization. "Customer" does not include a shop subcontracting a repair to another shop.
ATCP 132.01(3) (3) "Department" means the State of Wisconsin department of agriculture, trade and consumer protection.
ATCP 132.01(4) (4) "Estimate" means either of the following, but does not include a firm price quotation under s. ATCP 132.04 (3):
ATCP 132.01(4)(a) (a) An oral or written repair price estimate that a shop representative gives to a customer, including any estimate required under s. ATCP 132.04 (4), 132.06 (1) (a) or (2).
ATCP 132.01(4)(b) (b) The price specified by the customer under estimate alternative number 2, as shown in s. ATCP 132.04 (2).
ATCP 132.01(5) (5) "Estimated completion date" means the estimated repair completion date under s. ATCP 132.05 or, if no estimated completion date is provided under s. ATCP 132.05, the date on which the motor vehicle, component, part or accessory is delivered to the shop for repair.
ATCP 132.01(6) (6) "Firm price quotation" means a firm written price quotation under s. ATCP 132.04 (3).
ATCP 132.01(7) (7) "Motor vehicle" means any motor vehicle as defined in s. 340.01 (35), Stats., and any motor home as defined in s. 340.01 (33m), Stats., which is required to be registered with the state of Wisconsin department of transportation under ch. 341, Stats., or with an equivalent agency of another state, but does not include any vehicle, except a motor home, whose manufacturer's specified gross vehicle weight rating exceeds 16,000 lbs.
ATCP 132.01(8) (8) "Repair" means any of the repair tasks identified under sub. (12), but does not include any of the following:
ATCP 132.01(8)(a) (a) Repair tasks that a shop performs on its own motor vehicle, or that a motor vehicle dealer performs in order to prepare a new or used motor vehicle for sale by the dealer.
ATCP 132.01(8)(b) (b) Repair tasks that the sole proprietor of a shop performs on a family member's motor vehicle.
ATCP 132.01(8)(c) (c) Towing a motor vehicle.
ATCP 132.01(8)(d) (d) Supplying motor fuel to a motor vehicle.
ATCP 132.01(8)(e) (e) Washing or waxing the exterior surface of a motor vehicle, unless the washing and waxing is performed in conjunction with another repair task under sub. (12).
ATCP 132.01(8)(f) (f) Cleaning the passenger compartment of a motor vehicle, unless the cleaning is performed in conjunction with another repair task under sub. (12).
ATCP 132.01(9) (9) "Repair invoice" or "invoice" means a written repair invoice under s. ATCP 132.08.
ATCP 132.01(10) (10) "Repair order" means a written repair order under s. ATCP 132.03.
ATCP 132.01(11) (11) "Repair price" means the price that a shop charges to a customer for a repair, exclusive of sales tax.
ATCP 132.01(12) (12) "Repair task" includes any of the following:
ATCP 132.01(12)(a) (a) The diagnosis of any defect or malfunction in a motor vehicle, or in a motor vehicle component, part or attached accessory.
ATCP 132.01(12)(b) (b) The installation or removal of any motor vehicle component, part or accessory.
ATCP 132.01(12)(c) (c) The improvement, adjustment, replacement, maintenance or servicing of any motor vehicle component or part, regardless of whether that component or part is attached to a motor vehicle at the time of repair.
ATCP 132.01(12)(d) (d) The improvement, adjustment, replacement, maintenance or servicing of any accessory that is attached to a motor vehicle at the time of repair.
ATCP 132.01(12)(e) (e) Tasks related to the preparation of a repair estimate or firm price quotation if the shop charges for preparing the repair estimate or firm price quotation.
ATCP 132.01(13) (13) "Shop" means any natural person, corporation, partnership, or other business association or entity engaged in the motor vehicle repair business, and includes all owners, officers, employees and agents of the shop. "Shop" does not include a shop that repairs motor vehicles only for a single business or governmental entity, or for 2 or more entities that are subject to common control.
ATCP 132.01(14) (14) "Shop representative" means a person whom the shop has authorized to do both of the following, or who does both of the following with apparent authority from the shop:
ATCP 132.01(14)(a) (a) Accept custody of a motor vehicle from a customer.
ATCP 132.01(14)(b) (b) Obtain a repair authorization from a customer.
ATCP 132.01 History History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.
ATCP 132.02 ATCP 132.02 Repair authorization. No shop may perform any repair that has not been authorized by the customer. Before a shop starts any repairs whose total price may exceed $50, a shop representative shall record the repair authorization on a written repair order under s. ATCP 132.03.
ATCP 132.02 Note Note: Customer authorization is required for all repairs, including repairs under $50 and repairs on vehicles brought to the shop without face-to-face contact between the customer and a shop representative. Authorization may be given in person or by telephone, or by any other form of communication between the customer and the shop. Authorization to perform a general repair implies authorization to perform the specific repairs that are normally included in that general repair. Merely reporting a problem or malfunction does not, by itself, constitute authorization to repair the problem or malfunction.
ATCP 132.02 History History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.
ATCP 132.03 ATCP 132.03 Written repair order.
ATCP 132.03(1) (1)Requirement. Before a shop starts any repairs whose total price may exceed $50.00, a shop representative shall prepare a written repair order that clearly and legibly describes the repairs authorized by the customer. The repair order shall be dated and signed by the shop representative, and shall include all of the information required under sub. (3).
ATCP 132.03(2) (2)Customer copy. Before a shop starts any repairs whose total price may exceed $50, a shop representative shall provide the customer with a complete and accurate copy of the repair order under sub. (1) for those repairs, except that a customer copy is not required if there was no face-to-face contact between the customer and a shop representative when the repairs were authorized.
ATCP 132.03(3) (3)Repair order contents. A repair order under sub. (1) shall include all of the following:
ATCP 132.03(3)(a) (a) The name and address of the shop.
ATCP 132.03(3)(b) (b) The name and address of the customer.
ATCP 132.03(3)(c) (c) The model, make and license number of the motor vehicle if the motor vehicle is in the shop's possession.
ATCP 132.03(3)(d) (d) The repair price information required under s. ATCP 132.04, if any.
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