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Register, April, 1993, No. 448; Chapter ATCP 132 as it existed on December 31, 1994 was repealed and a new chapter ATCP 132 was created effective January 1, 1995.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(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(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)(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(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)(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 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(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)(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)(e)
(e) The estimated date by which the repair will be completed, if an estimated completion date is required under
s. ATCP 132.05.
ATCP 132.03(3)(f)
(f) Notice that customer is entitled to inspect or receive any components, parts or accessories replaced or removed by the shop.
ATCP 132.03 History
History: Cr.
Register, January, 1994, No. 457, eff. 1-1-95.
ATCP 132.04(1)
(1)
Estimate alternatives or firm price quotation; shop's choice. Before a shop starts any repairs whose total price may exceed $50, a shop representative shall provide the customer with a written statement of estimate alternatives under
sub. (2) or a firm price quotation under
sub. (3). This requirement does not apply if there has been no face-to-face contact between the customer and a shop representative.
ATCP 132.04(2)(a)(a) A statement of estimate alternatives, if provided, shall be conspicuously printed in the following form, either on the repair order or on a separate document attached to the repair order:
“YOU ARE ENTITLED TO A PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED. THE REPAIR PRICE MAY BE LESS THAN THE ESTIMATE, BUT WILL NOT EXCEED THE ESTIMATE WITHOUT YOUR PERMISSION. YOUR SIGNATURE WILL INDICATE YOUR ESTIMATE SELECTION.
1. I request an estimate in writing before you begin repairs. _________________________________________________
2. Please proceed with repairs, but call me before continuing if the price will exceed $ _____.
__________________________________________________
3. I do not want an estimate.
_________________________________________________"
ATCP 132.04(2)(b)
(b) If the statement of estimate alternatives under
par. (a) is printed on a separate document, rather than on the repair order, the separate document shall include the repair order number or other information which uniquely identifies the authorization with the repair order. The shop shall keep a copy of the signed authorization with its records.
ATCP 132.04(3)(a)(a) A firm price quotation, if provided, shall be written on the repair order and shall be accompanied by the following conspicuous statement on the repair order:
“THIS PRICE FOR THE AUTHORIZED REPAIRS WILL NOT BE EXCEEDED IF THE MOTOR VEHICLE IS DELIVERED TO THE SHOP WITHIN 5 DAYS."
ATCP 132.04(3)(b)
(b) A shop may not exceed the firm price quoted under
par. (a) for the specified repairs to the vehicle, component, part or accessory, if the customer delivers that motor vehicle, component, part or accessory to the shop within 5 days after the date on which the firm price is quoted.
ATCP 132.04(3)(c)
(c) Notwithstanding
sub. (4), a shop is not required to give a customer an estimate for repairs if the shop gives the customer a firm price quotation under
par. (a) for those repairs.
ATCP 132.04(4)
(4) Estimate required. If any of the following has occurred, a shop representative shall give the customer an oral or written estimate, and shall write that estimate on the repair order before the shop starts any repairs whose total price may exceed $50:
ATCP 132.04(4)(b)
(b) There has been face-to-face contact between the customer and a shop representative, but the customer has not signed any of the estimate alternatives under
sub. (2).
ATCP 132.04 History
History: Cr.
Register, January, 1994, No. 457, eff. 1-1-95.
ATCP 132.05(1)
(1) Before a shop starts any repairs for which the shop has accepted a prepayment of $250 or more, a shop representative shall give the customer an oral or written estimate of the repair completion date and shall record that estimated completion date on the repair order.
ATCP 132.05(2)
(2) If a shop is required to give an estimated completion date under
sub. (1) but fails to do so, the estimated completion date is the same date that the motor vehicle, component, part or accessory is delivered to the shop for repair.
ATCP 132.05 Note
Note: If a shop is required to provide an estimated completion date, the shop must record the estimated completion date either on the repair order or on a separate document attached to the repair order. If the estimated completion date is recorded on a separate document, the separate document shall include the repair order number or other information which uniquely identifies the document with the repair order.
ATCP 132.05 History
History: Cr.
Register, January, 1994, No. 457, eff. 1-1-95; correction made under s. 13.93 (2m) (b) 1. and 7., Stats.,
Register, March, 1999, No. 519.
ATCP 132.06(1)(a)(a) Before a shop starts any additional repairs, beyond those previously authorized by the customer, a shop representative shall contact the customer by telephone or other means, and shall provide the customer with all of the following:
ATCP 132.06(1)(a)3.
3. A good faith estimate of the total repair price, including the previously authorized repairs and the additional repairs.
ATCP 132.06(1)(b)
(b) No shop may perform any additional repairs, beyond those previously authorized by the customer, unless the customer authorizes those additional repairs after receiving the information required under
par. (a). Authorization may be given by telephone or other means.
ATCP 132.06(2)
(2) Price will exceed estimate; additional authorization. If a shop has reason to believe that the price for any repairs will exceed the estimate for those repairs, the shop may not proceed with the repairs until a shop representative contacts the customer by telephone or other means, provides the customer with a new good faith estimate of the repair price, and obtains the customer's authorization to proceed.
ATCP 132.06(3)
(3) Repairs will not be completed by estimated date; additional authorization. If a shop has reason to believe that repairs will not be completed by the estimated completion date under
s. ATCP 132.05, the shop may not proceed with repairs until a shop representative contacts the customer by telephone or other means, provides the customer with the shop's new estimated completion date, and obtains the customer's authorization to proceed.
ATCP 132.06(4)(a)(a) If a customer gives additional authorization under
subs. (1) to
(3), the shop representative shall record the additional authorization on the repair order or repair invoice.
