Chapter ATCP 132

ATCP 132.08(3) (3) The date on which the repaired motor vehicle, component, part or accessory is tendered back to the customer.

ATCP 132.08(4) (4) The model, make and license number of the motor vehicle, if the motor vehicle has been in the shop’s possession.

ATCP 132.08(5) (5) The odometer reading when the motor vehicle was received by the shop, if the motor vehicle has been in the shop’s possession.

ATCP 132.08(6) (6) The price for the repairs, stated as the total price or as separate total prices for parts and labor.

ATCP 132.08(7) (7) An itemized description of the labor, parts, components and accessories supplied in connection with the repairs, including items supplied without cost or at reduced cost because of a shop or manufacturer’s warranty. If units of labor time based on flat rate average time are stated on the invoice, the actual labor time shall also be stated.

ATCP 132.08(8) (8) If any item under sub. (7) carries a warranty from the shop or manufacturer, a statement or notation indicating that fact.

ATCP 132.08(9) (9) If any item under sub. (7) is used, rebuilt, recycled or reconditioned, a statement or notation indicating that fact.

ATCP 132.08(10) (10) The identity of each person performing the repairs, including the name of any shop that performed all or part of the repairs as a subcontractor. If a shop employs more than 10 repair personnel who work in teams, the repair invoice may specify the name of the team leader whose team performed the repairs, instead of the individuals who performed the repairs, provided the shop keeps records indicating which team members worked on each repair.

ATCP 132.08(11) (11) The following statement, printed verbatim:
“Motor vehicle repair practices are regulated by chapter ATCP 132, Wis. Adm. Code, administered by the Bureau of Consumer Protection, Wisconsin Dept. of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, Wisconsin 53708-8911.”

ATCP 132.08 History History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.09 ATCP 132.09 Prohibited practices.

ATCP 132.09(1) (1) No shop may knowingly underestimate either of the following:

ATCP 132.09(1)(a) (a) The price of repairs.

ATCP 132.09(1)(b) (b) The time required to complete the repairs.

ATCP 132.09(2) (2) No shop may misrepresent any of the following:

ATCP 132.09(2)(a) (a) That repairs are necessary for the safety or effective operation of a motor vehicle.

ATCP 132.09(2)(b) (b) That a motor vehicle is in a dangerous condition.

ATCP 132.09(2)(c) (c) That failure to repair a motor vehicle will be harmful to the motor vehicle.

ATCP 132.09(2)(d) (d) That a repair has been made.

ATCP 132.09(2)(e) (e) The terms of any warranty or service agreement.

ATCP 132.09(3) (3) No shop may fail or refuse to return a customer’s motor vehicle to the customer because a customer declines to do either of the following:

ATCP 132.09(3)(a) (a) Pay for unauthorized repairs, provided the customer tenders payment, subject to par. (b), for the repairs that were authorized and performed.

ATCP 132.09(3)(b) (b) Pay any repair charge that exceeds the shop’s estimate or firm price quotation for that repair, provided the customer tenders payment of the charge estimated or quoted to the customer when the customer authorized that repair.

ATCP 132.09(4) (4) No shop may:

ATCP 132.09(4)(a) (a) Alter any person’s motor vehicle with intent to create a condition requiring repairs.

ATCP 132.09(4)(b) (b) Make any motor vehicle repair or warranty advertisement which is untrue, deceptive or misleading.

ATCP 132.09(4)(c) (c) Fail or refuse to honor any warranty or service agreement to which the shop is a party.

ATCP 132.09(4)(d) (d) Make the performance of repairs contingent upon the customer’s waiver of any right under this chapter.

ATCP 132.09(4)(e) (e) Demand or receive payment for unauthorized repairs, or for repairs that have not been performed.

ATCP 132.09(4)(f) (f) Falsify or destroy any document or record required to be produced or kept under this chapter.

ATCP 132.09(4)(g) (g) Charge or threaten to charge for preparing a repair estimate or firm price quotation unless both of the following apply:

ATCP 132.09(4)(g)1. 1. The charge constitutes reasonable compensation for preliminary diagnostic work that is reasonably required for the shop to give the repair estimate or firm price quotation.

ATCP 132.09(4)(g)2. 2. A shop representative discloses the charge, or the rate at which the charge will be computed, before the shop starts any diagnostic work for which a charge will be assessed.

ATCP 132.09 History History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.10 ATCP 132.10 Repair records.

ATCP 132.10(1) (1) A shop shall keep all of the following repair records:

ATCP 132.10(1)(a) (a) The repair order and repair invoice for each repair, including any additional authorization documents.

ATCP 132.10(1)(b) (b) Records identifying the individual repair personnel who worked on each repair.

ATCP 132.10(1)(c) (c) Invoices for motor vehicle parts, components and accessories purchased by the shop.

ATCP 132.10(2) (2) Records under sub. (1) shall be retained for at least 2 years, and shall be made available for inspection and copying by the department upon request.

ATCP 132.10 History History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.

ATCP 132.11 ATCP 132.11 Waivers.

ATCP 132.11(1) (1) A customer who owns or leases a fleet of at least 4 motor vehicles may sign a written blanket waiver which waives that customer’s rights under ss. ATCP 132.04 to 132.06 in repair transactions involving those vehicles. A waiver under this subsection may be revoked at any time, at the discretion of the customer.

ATCP 132.11(2) (2) Neither a fleet waiver under sub. (1) nor a customer’s choice of estimate alternative 3 under s. ATCP 132.04 (2) is effective unless the customer signs the waiver or estimate alternative voluntarily and with knowledge of its meaning.

ATCP 132.11 History History: Cr. Register, January, 1994, No. 457, eff. 1-1-95.