Chapter ATCP 132
MOTOR VEHICLE REPAIR
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. Ch. ATCP 132 NoteNote: 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s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448; Chapter ATCP 132 as it existed on December 31, 1994 was repealed and a new chapter ATCP 132 was created effective January 1, 1995.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 NoteNote: 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 132.01ATCP 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 HistoryHistory: Cr. Register, January, 1994, No. 457, eff. 1-1-95. ATCP 132.02ATCP 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: 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 HistoryHistory: Cr. Register, January, 1994, No. 457, eff. 1-1-95.
