The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

JENNIFER M. GRANHOLM, ATTORNEY GENERAL


LICENSING AND REGULATION:

MECHANICS:

MOTOR VEHICLE SERVICE AND REPAIR ACT:

Motor vehicle repair facility's duty to furnish written estimate before commencing nonstandard customization work on motor vehicle

The Motor Vehicle Service and Repair Act requires a motor vehicle repair facility registered under the Act to provide a customer with a written estimate of the cost of labor and parts before the facility provides nonstandard customization work such as removing or installing one-of-a-kind parts, unless the customer provides a written waiver of the estimate.


Opinion No. 7082

June 5, 2001


Honorable Jerry O. Kooiman
State Representative
The Capitol
Lansing, MI


You have asked whether the Motor Vehicle Service and Repair Act requires a motor vehicle repair facility registered under the Act to provide a customer with a written estimate of the cost of labor and parts before the facility performs nonstandard customization work such as removing or installing one-of-a-kind parts.

The Motor Vehicle Service and Repair Act (Act), 1974 PA 300, MCL 257.1301 et seq; MSA 9.1720(1) et seq, which regulates the repairing and servicing of motor vehicles, was enacted to protect consumers from incompetent repairs and service. House Legislative Analysis, HB 5047, October 14, 1974. The Act prohibits a person from operating a motor vehicle repair facility unless the facility is registered with the administrator. Section 6. The term "administrator" means the secretary of state or any person designated by him or her to act in his or her place. Section 2.

Section 2(g) of the Act defines the term "motor vehicle repair facility" as follows:


"Motor vehicle repair facility" means a place of business which engages in the business of performing or employing persons who perform maintenance, diagnosis, vehicle body work, or repair service on a motor vehicle for compensation, but excluding all of the following:

(i) A person who engages only in the business of repairing the motor vehicles of a single commercial or industrial establishment or governmental agency.

(ii) A person repairing his or her own or a family member's car.

(iii) A business that does not diagnose the operation of a motor vehicle, does not remove parts from a motor vehicle to be remachined, and does not install finished machined or remachined parts on a motor vehicle, not including a motor vehicle repair facility that engages in the business of performing or employing persons who perform vehicle body work.

This definition of "motor vehicle repair facility" makes it clear that businesses that "remove parts from a motor vehicle to be remachined" or "install finished machined or remachined parts on a motor vehicle" are motor vehicle repair facilities subject to the Act. The definition also provides for certain exclusions. Nothing in this definition section, however, or in any other section of the Act, excludes activities involving nonstandard customization work on motor vehicles such as removing or installing one-of-a-kind parts.

OAG, 1999-2000, No 7011, p 11 (March 23, 1999), analyzed the definition of a motor vehicle repair facility under the Act, and the exclusions contained in section 2g, as applied to a business that only installed replacement windshield glass on motor vehicles. The opinion concluded that since such services did not require diagnosis of the operation of a motor vehicle, removal of parts for remachining, or installation of machined or remachined parts, registration of the business was not required under the Act.

The Act further provides that "prior to the commencement of work" a motor vehicle repair facility must furnish to a customer a written estimate, itemizing as closely as possible the price for labor and parts necessary for a specific job. Section 32(1). It also states that a customer may provide a written waiver of the written estimate of the cost of labor and parts.1 Section 32(3).

The first step in ascertaining legislative intent is to look to the text of the statute. Piper v Pettibone Corp, 450 Mich 565, 571; 542 NW2d 269 (1995). A clear and unambiguous statement must be enforced by the court as written according to its plain meaning. Dean v Dep’t of Corrections, 453 Mich 448, 454; 556 NW2d 458 (1996). In such instances, statutory construction is neither required nor permitted; rather, the court must apply the statutory language as written. Piper, 450 Mich at 572.

Applying the plain language of the Act, the legislative intent is clear that a registered motor vehicle repair facility, when requested by a customer to provide nonstandard customization services on a motor vehicle, and when performing vehicle maintenance, diagnosis, body work or repairs, including removing or installing one-of-a-kind parts pursuant to the customers specifications, must provide a written estimate, itemizing as closely as possible the cost of labor and parts for the requested work.

It is my opinion, therefore, that the Motor Vehicle Service and Repair Act requires a motor vehicle repair facility registered under the Act to provide a customer with a written estimate of the cost of labor and parts before the facility provides nonstandard customization work such as removing or installing one-of-a-kind parts, unless the customer provides a written waiver of the estimate.




JENNIFER M. GRANHOLM
Attorney General

1 Administrative rules promulgated pursuant to the Act provide that it is an unfair and deceptive practice to "[i]mproperly utilize waivers in such a way as to suggest or imply, directly or indirectly, orally or by action, that service or repairs will be improved or expedited if a waiver is signed, or that price will be improved." 1979 AC, R 257.137(a).