Article 15B. North Carolina Motor Vehicle Repair Act
§ 20-354. Short title.
This act shall be known and may be cited as the "North Carolina Motor Vehicle Repair Act." (1999-437, s. 1.)
§ 20-354.1. Scope and application.
This act shall apply to all motor vehicle repair shops in North Carolina, except:
- Any motor vehicle repair shop of a municipal, county, State, or federal government when carrying out the functions of the government.
- Any person who engages solely in the repair of the following:
- Motor vehicles that are owned, maintained, and operated exclusively by that person for that person's own use.
- For-hire vehicles rented for periods of 30 days or less.
- Any person who repairs only motor vehicles which are operated principally for agricultural or horticultural pursuits on farms, groves, or orchards and which are operated on the highways of this State only incidentally en route to or from the farms, groves, or orchards.
- Motor vehicle auctions or persons performing motor vehicle repairs solely for motor vehicle auctions.
- Any motor vehicle repair shop performing repairs where the cost does not exceed $350.
- Any person or shop repairing commercial construction equipment or motor vehicles with a GVWR of at least 26,001 pounds.
- When a third party waives the right to receive written estimates and the repairs will be paid for under an insurance policy, service contract, or warranty, and the customer's share does not exceed $350.
(1999-437, s. 1; 2001-298, s. 1.)
§ 20-354.2. Definitions.
As used in this act:
- "Customer" means the person who signs the written repair estimate or any designated person authorized to approve repair work.
- "Employee" means an individual employed full or part-time by a motor vehicle repair shop to perform repairs.
- "Motor vehicle" means any automobile, truck, bus, recreational vehicle, motorcycle, motor scooter, or other motor-powered vehicle (excluding trailers, mobile homes, watercraft, and aircraft).
- "Motor vehicle repair" includes maintenance, modifications, diagnostics, rebuilding, body work, painting, warranty work, shop supply fees, hazardous material disposal fees, and other services typically offered by repair shops.
- "Motor vehicle repair shop" means any person engaging in motor vehicle repairs for compensation, including mobile shops, dealers, service stations, self-employed individuals, truck stops, and body shops.
(1999-437, s. 1; 2005-463, s. 1.)
§ 20-354.3. Written motor vehicle repair estimate and disclosure statement required.
- When a repair will exceed $350, the shop must provide a written estimate before starting work. The estimate should include parts, labor, diagnostic work, taxes, supplies, and extra services.
- The customer can waive the right to receive a written estimate.
- The estimate must be provided before work begins, unless a partial waiver exists, or if accurate costs can't be determined until diagnostic work is completed.
- A shop is not required to provide a written estimate if they refuse to perform the requested repair.
(1999-437, s. 1; 2001-298, s. 2; 2005-304, s. 1.)
§ 20-354.4. Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited.
- A shop must disclose any charge for preparing an estimate and get written consent for any such charge.
- It is a violation to require a customer to waive rights under this Article as a condition for repair or to impose excessive charges for estimates to induce the waiver.
(1999-437, s. 1.)
§ 20-354.5. Notification of charges in excess of repair estimate; prohibited charges; refusal to return vehicle prohibited; inspection of parts.
- The customer must be notified if the cost exceeds the estimate by more than 10%.
- If the customer cancels the repair order after diagnostic work, the shop must reassemble the vehicle in a reasonably similar condition.
- Shops cannot charge more than the estimate plus 10%.
- A shop cannot refuse to return a vehicle if charges exceed the estimate by more than 10%, provided the customer paid the authorized amount.
- Customers may inspect or request the return of parts removed during repair.
(1999-437, s. 1; 2001-298, ss. 3, 4.)
§ 20-354.6. Invoice required of motor vehicle repair shop.
A shop must provide an itemized invoice upon repair completion, which should include:
- A statement of the services performed.
- Itemized costs for labor, parts, and merchandise.
- A statement identifying if parts were used, rebuilt, or reconditioned.
(1999-437, s. 1; 2001-298, s. 5; 2002-159, s. 32.)
§ 20-354.7. Required disclosure; signs; notice to customers.
Shops must post a conspicuous sign indicating:
- A customer’s right to receive or waive a written estimate for repairs exceeding $350.
- A customer’s right to inspect or request the return of replaced parts.
(1999-437, s. 1.)
§ 20-354.8. Prohibited acts and practices.
It is a violation for a shop or employee to:
- Charge for unauthorized repairs.
- Misrepresent repairs, parts, or vehicle conditions.
- Substitute parts without notice to the customer.
- Fraudulently alter any documents or misuse credit cards.
- Perform work in a misleading or fraudulent manner.
(1999-437, s. 1.)
§ 20-354.9. Remedies.
A customer injured by a violation can bring a lawsuit for damages, court costs, and attorneys' fees. The customer can also seek injunctive relief. Violations are not criminal but may still involve civil action.
(1999-437, s. 1.)
§§ 20-354.10 through 20-355. Reserved for future codification purposes.