Bill Text: OR HB2498 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to brake repairs by vehicle repair shops.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2498 Detail]

Download: Oregon-2011-HB2498-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2493

                         House Bill 2498

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Consumer Protection and Government Accountability)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires vehicle repair shop that recommends brake repair or
replacement to include specific measurements of brake system
components in vehicle repair estimate. Provides for civil action
for damages, attorney fees and costs for violation of laws
regarding vehicle repair estimates.

                        A BILL FOR AN ACT
Relating to brake repairs by vehicle repair shops; creating new
  provisions; and amending ORS 646A.482.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646A.482 is amended to read:
  646A.482. (1) A vehicle repair shop shall prepare an estimate
of the cost of work the vehicle repair shop proposes to perform
on a motor vehicle before beginning the work. The vehicle repair
shop  { +  shall, + } not later than before receiving final
payment { + , + }   { - shall - }  give a copy of the estimate,
either as a separate document or in the form of an invoice, to
the owner or the owner's designee. The vehicle repair shop shall
retain a copy of the estimate. The estimate, at a minimum, must:
  (a) Describe the general nature of the proposed work;
  (b) Divide the work into separate tasks, to the extent that the
work may be divided into separate tasks; and
  (c) List:
  (A) The estimated cost of labor and the parts or component
systems the vehicle repair shop proposes to replace;
  (B) The amount of any incidental charges; and
  (C) The total estimated cost, which may consist of a reasonable
range.
  (2) If a vehicle repair shop proposes to disassemble all or a
portion of a motor vehicle or to remove parts or components of a
motor vehicle in order to evaluate the condition of the motor
vehicle for the purpose of recommending or proposing additional
work, in addition to complying with the requirements   { - shown
in - }  { +  under + } subsection (1) of this section, the
estimate must:
  (a) List the total estimated cost of performing the disassembly
and evaluation and a separate estimate of the cost for
reassembly, assuming for the purpose of the estimate that the
owner or owner's designee elects not to proceed with work the
vehicle repair shop may recommend or propose after evaluating the
condition of the motor vehicle; and
  (b) State the estimated amount of time, calculated from the
date on which the owner or owner's designee authorizes the
disassembly, evaluation and reassembly of the motor vehicle, that
the vehicle repair shop would reasonably take to reassemble the
motor vehicle if all necessary parts are available and if the
owner or owner's designee, on the day that the owner or owner's
designee receives the estimate, elects not to proceed with work
the vehicle repair shop recommends or proposes after evaluating
the condition of the motor vehicle.
   { +  (3) If a vehicle repair shop proposes to inspect the
brakes of a motor vehicle to evaluate the condition of the brakes
for the purpose of recommending or proposing the repair or
replacement of the brakes, in addition to complying with the
requirements under subsection (1) of this section, the estimate
must list:
  (a) The original measurements of the relevant components of the
brake system, such as pads, discs, shoes and drums, when the
motor vehicle was new as represented by the manufacturer of the
motor vehicle;
  (b) The current measurements of the relevant components of the
brake system, as measured by the vehicle repair shop; and
  (c) The suggested minimum measurements for repair or
replacement of the relevant components of the brake system, as
recommended by the manufacturer of the motor vehicle and the
brake system. + }
  SECTION 2.  { + Section 3 of this 2011 Act is added to and made
a part of ORS 646A.480 to 646A.495. + }
  SECTION 3.  { + (1) Any owner may maintain an action against a
vehicle repair shop that violates a provision of ORS 646A.482 (3)
for damages the owner has sustained by reason of the violation,
and for reasonable attorney fees and costs.
  (2) The remedies available under this section are in addition
to any other remedies available under law to an aggrieved
party. + }
                         ----------