NEW JERSEY AUTOMOBILE REPAIR REGulations

NEW JERSEY AUTOMOBILE REPAIR REGULATIONS

Keywords, New Jersey automobile repair regulations, deception, fraud, automobile repair, regulations, estimate, repair facility, dishonest auto mechanic, mechanic, automobile repair, repair facility. body problem, defect, lawyer claim.

SUBCHAPTER 26C. AUTOMOTIVE REPAIRS

13:45A-26C.1 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
“Automotive repair dealer” means any person who, for compensation, engages in the business of performing or employing
persons who perform maintenance, diagnosis or repair services on a motor vehicle or the replacement of parts including
body parts, but excluding those persons who engage in the business of repairing motor vehicles of commercial or industrial
establishments or government agencies, under contract or otherwise, but only with respect to such accounts.
“Customer” means the owner or any family member, employee or any other person whose use of the vehicle is authorized
by the owner.
“Director” means the Director of the Division of Consumer Affairs.
“Motor vehicle” means a passenger vehicle that is registered with the Division of Motor Vehicles of New Jersey or of any
other comparable agency of any other jurisdiction, and all motorcycles, whether or not registered.
“Repair of motor vehicles” means all maintenance and repairs of motor vehicles performed by an automotive repair
dealer but excluding changing tires, lubricating vehicles, changing oil, installing light bulbs, batteries, windshield wiper
blades and other minor accessories and services. No service or accessory to be installed shall be excluded for purposes of
this rule if the Director determines that performance of the service or the installation of an accessory requires mechanical
expertise has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its
safe operation.

13:45A-26C.2 Deceptive practices; automotive repairs

(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,
N.J.S.A. 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business of
an automotive repair dealer, whether such act or omission is done by the automotive repair dealer or by any mechanic,
employee, partner, officer of member of the automotive repair dealer:

1. Making or authorizing in any manner or by any means whatever any statement, written or oral, which is untrue
or misleading, and which is known, or by which the exercise of reasonable care should be known, to be untrue
or misleading.
2. Commencing work for compensation without securing one of the following:
i. Specific written authorization from the customer, signed by the customer, which states the nature of the
repair requested or problem presented and the odometer reading of the vehicle; or
ii. If the customer’s vehicle is presented to the automotive repair dealer during other than normal working
hours or by one other than the customer, oral authorization from the customer to proceed with the requested
repair or problem presented, evidenced by a notation on the repair order and/or invoice of the repairs requested
or problem presented, date, time, name of person granting such authorization, and the telephone
number, if any, at which said person was contacted.

3. Commencing work for compensation without either:
i. One of the following:
(1) Providing the customer with a written estimated price to complete the repair, quoted in terms of a
not-to-exceed figure; or
(2) Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labor
necessary to complete the repair. If the dealer makes a diagnostic examination, the dealer has the right
to furnish such estimate within a reasonable period of time thereafter, and to charge the customer for the
cost of diagnosis. Such diagnostic charge must be agreed to in advance by the customer. No cost of
diagnosis which would have been incurred in accomplishing the repair shall be billed twice if the customer
elects to have the dealer make the repair; or
(3) Providing the customer with a written estimated price to complete a specific repair, for example, “valve
job”; or
(4) Obtaining from the customer a written authorization to proceed with repairs not in excess of a specific
dollar amount. For the purposes of this subchapter, said dollar amount shall be deemed the estimated
price of repairs; or
(5) If the customer waives his right to a written estimate in a written statement, signed by the customer,
obtaining from the customer oral approval of an estimated price of repairs, evidenced by a notation on
the repair order or invoice of the estimated price of repairs, date, time, name of person approving such
estimate, and the telephone number, if any, at which such person was contacted; or
ii. If the customer’s vehicle is presented to the automotive repair dealer during other than normal working
hours or by one other than the customer, obtaining from the customer either:
(1) A written authorization to proceed with repairs not in excess of a specific dollar amount. For the purposes
of this subchapter, said dollar amount shall be deemed the estimated price of repairs; or
(2) Oral approval of an estimated price of repairs evidenced by a notation on the repair order or invoice of
the estimated price of repairs, date, time, name of person approving such estimate, and the telephone
number, if any, at which such person was contacted.
4. Failure to provide a customer with a copy of any receipt or document signed by him, when he signs it.
5. Making deceptive or misleading statements or false promises of a character likely to influence, persuade or
induce a customer to authorize the repair, service or maintenance of a motor vehicle.
6. Charging the customer for work done or parts supplied in excess of any estimated price given, without the oral
or written consent of the customer, which shall be obtained after it is determined that the estimated price is
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insufficient and before the work not estimated is done or the parts not estimated are supplied. If such consent is
oral, the dealer shall make a notation on the repair order and on the invoice of the date, time, name of person
authorizing the additional repairs and the telephone number called, if any, together with a specification of the
additional parts and labor and the total additional cost.
7. Failure to return replaced parts to the customer at the time of completion of the work provided that the customer,
before work is commenced, requests such return, and provided that the parts by virtue of their size,
weight, or other similar factors are not impractical to return. Those parts and components that are replaced and
that are sold on an exchange basis, and those parts that are required to be returned by the automotive repair
dealer to the manufacturer or distributor, are exempt from the provisions of this section.
8. Failure to record on an invoice all repair work performed by an automotive repair dealer for a customer, itemizing
separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditioned or
used parts have been supplied. A legible copy shall be given to the customer.
9. The failure to deliver to the customer, with the invoice, a legible written copy of all guarantees, itemizing the
parts, components and labor represented to be covered by such guaranty, or in the alternative, delivery to the
customer of a guaranty covering all parts, components and labor supplied pursuant to a particular repair order.
A guaranty shall be deemed false and misleading unless it conspicuously and clearly discloses in writing the
following:
i. The nature and extent of the guaranty including a description of all parts, characteristics or properties covered
by or excluded from the guaranty, the duration of the guaranty and what must be done by a claimant
before the guarantor will fulfill his obligation (such as returning the product and paying service or labor
charges);
ii. The manner in which the guarantor will perform. The guarantor shall state all conditions and limitations and
exactly what the guarantor will do under the guaranty, such as repair, replacement or refund. If the guarantor
or recipient has an option as to what may satisfy the guaranty, this must be clearly stated;
iii. The guarantor’s identity and address shall be clearly revealed in any documents evidencing the guaranty.
10. Failure to clearly and conspicuously disclose the fact that a guaranty provides for adjustment on a pro rata
basis, and the basis on which the guaranty will be prorated; that is, the time or mileage the part, component or
item repaired has been used and in what manner the guarantor will perform. If adjustments are based on a price
other than that paid by the customer, clear disclosure must be made of the amount. However, a fictitious price
must not be used even where the sum is adequately disclosed.
11. Failure to post, in a conspicuous place, a sign informing the customer that the automotive repair dealer is
obliged to provide a written estimate when the customer physically presents his motor vehicle to the automotive
repair dealer during normal working hours and, in any event, before work is commenced. In addition,
copies of any receipt or document signed by the customer, a detailed invoice, a written copy of any guaranty
and the return of any replaced parts that have been requested must be provided. The sign is to read as follows:
“A CUSTOMER OF THIS ESTABLISHMENT IS ENTITLED TO:

1. When a motor vehicle is physically presented during normal working hours and, in any event before work
begins, a written estimated price stated either:
(A) PRICE NOT TO EXCEED $..., and given without charge; or
(B) As an exact figure broken down as to parts and labor. This establishment has the right to charge you for
this diagnostic service, although if you then have the repair done here, you will not be charged twice for
any part of such charge necessary to make the repair.
(C) As an exact figure to complete a specific repair.
2. For your protection, you may waive your right to an estimate only by signing a written waiver.
3. Require that this establishment not start work on your vehicle until you sign an authorization stating the
nature of the repair or problem and the odometer reading of your vehicle if you physically present the
vehicle here during normal working hours.
4. A detailed invoice stating charges for parts and labor separately and whether any new, rebuilt, reconditioned
or used parts have been supplied.
5. The replaced parts, if requested before work is commenced, unless their size, weight or similar factors make
return of the parts impractical.
6. A written copy of the guaranty.”
12. Nothing in this section shall be construed as requiring an automotive repair dealer to provide a written estimate
if the dealer does not agree to perform the requested repair.
13. Any other unconscionable commercial practice prohibited pursuant to N.J.S.A. 56:8-1 et seq.

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230 Route 206, Building 3, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com

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New York, New York 10165

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