TITLE XXXI
TRADE AND COMMERCE
Chapter 358-D
REGULATION OF MOTOR VEHICLE REPAIR FACILITIES
Section 358-D:1
358-D:1 Definitions. –
As used in this chapter:
I. "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
II. "Counterfeit supplemental restraint system" means a supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from such manufacturer or supplier, including, but not limited to, an airbag cover, an inflator, cushion material, sensors, a control unit, and seat belt tensors.
III. "Customer" means any person, or representative thereof, who is seeking to have performed, is having performed, or has had performed, any service or repair work on a motor vehicle.
IV. "Motor vehicle" means any vehicle defined by RSA 259:60, I except "motor trucks," "motorcycles" and "motor-driven cycles" as defined by RSA 259.
V. "Motor vehicle repair facility" means any person who performs services or repair work on any motor vehicle.
VI. "Nonfunctional airbag" means an airbag that meets any of the following criteria:
(a) The airbag was previously deployed or damaged.
(b) The airbag has an electric fault that is detected by the motor vehicle's diagnostic system when the installation procedure is completed and:
(1) The motor vehicle is returned to the customer who requested the work be performed; or
(2) Ownership of the vehicle is intended to be transferred.
(c) The airbag includes a part or object installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.
(d) The airbag is subject to the prohibitions of 49 U.S.C. section 30120(j).
VII. "Person" means any person defined by RSA 358-A:1, I.
VIII. "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 C.F.R. section 571.209, and which includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following:
(a) The airbag operates as designed in the event of a collision.
(b) The airbag is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.
Source. 1977, 295:1. 1981, 146:5, eff. Jan. 1, 1982. 2020, 33:11, eff. Jan. 1, 2021.
Section 358-D:2
358-D:2 When Written Estimate Required. –
Upon the request of any customer, a motor vehicle repair facility shall provide a written estimate to the customer in advance of performing any service or repair work. The written estimate shall contain:
I. An itemization of the service or repair work to be performed;
II. An estimated price for labor and parts necessary to complete the work; and
III. An estimated completion date.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:3
358-D:3 Authorization to Proceed. –
A motor vehicle repair facility shall not perform any service or repair work set forth in the written estimate unless it receives the written permission of the customer to proceed; provided, however, that if it is impracticable to give the customer a written estimate or obtain his written permission to proceed, the motor vehicle repair facility may orally advise the customer of the items contained in the written estimate and obtain his oral permission to proceed.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:4
358-D:4 Additional Service or Repair Work. –
If additional service or repair work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, a motor vehicle repair facility shall notify the customer of the estimated cost of such additional work and receive his written or oral permission to proceed before performing the work.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:5
358-D:5 Effect of Exceeding the Estimate. –
Upon the completion of any service or repair work for which an estimate has been given, a motor vehicle repair facility shall not charge the customer any amount which exceeds the estimate by 10 percent without his written consent.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:6
358-D:6 Service or Repair Delay. –
A motor vehicle repair facility is not liable for breach of the written estimated completion date for service or repair work if the delay is caused by:
I. An act of God;
II. Strike;
III. Unexpected illness;
IV. Unexpected shortage of labor or parts; or
V. Unavailability of customer to give permission to perform additional service or repair work.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:7
358-D:7 When Written Estimate Not Required. –
A motor vehicle repair facility shall not be required to provide a written estimate to a customer if the facility does not agree to perform the service or repair work; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any customer to waive his right to an estimate as a condition to performing any service or repair work.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:8
358-D:8 Service or Repair Work Where Estimate Not Requested. –
Notwithstanding RSA 358-D:2-7, if a customer does not request that an estimate be provided, a motor vehicle repair facility shall not perform any service or repair work on any motor vehicle for the customer unless such work has been authorized by the customer.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:9
358-D:9 Return of Replaced Parts. –
With the exception of parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, all parts which have been replaced on a motor vehicle by a motor vehicle repair facility shall be returned to the customer if the customer has requested, in advance of the work being performed, that the parts be returned to him.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:10
358-D:10 Required Work Invoice. –
I. Upon completion of any service or repair work for which a charge is made, a motor vehicle repair facility shall prepare an invoice which itemizes:
(a) All work that the motor vehicle repair facility has performed;
(b) All work that any subcontractor has performed;
(c) All parts supplied having a value in excess of $.50 and the retail cost of each such part; and
(d) The number of hours, or portion thereof, of labor charged in performing the work and the retail cost of such labor.
II. The invoice shall state clearly whether or not the motor vehicle repair facility will guarantee the work and, if so, the terms of the guarantee and the period for which it will be in effect.
III. The invoice shall state clearly if any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts.
IV. A motor vehicle repair facility shall be responsible for any service or repair work performed by a subcontractor in the same manner as if the work had been performed by the facility.
V. The motor vehicle repair facility shall give the customer a copy of the invoice and shall retain a copy as a business record for one year.
Source. 1977, 295:1, eff. Aug. 26, 1977
Section 358-D:11
358-D:11 Notice Requirements. –
Each motor vehicle repair facility shall conspicuously post a notice of no fewer than 6 square feet on the premises of the facility for the purpose of advising any customer of his rights under this chapter. The notice shall contain the following information:
I. The motor vehicle repair facility must provide to any customer upon request a written estimate for service or repair work to be performed and cannot proceed to perform such work unless written or oral authorization is obtained;
II. If additional repair or service work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, it must notify the customer of the estimated cost of such additional repairs and obtain his written or oral permission to proceed;
III. The customer cannot be charged any amount which exceeds the estimate for the original or additional work by 10 percent without his written consent;
IV. The motor vehicle repair facility is not required to give a written estimate if it does not agree to perform the service or repair work. However, the facility is prohibited from engaging in any conduct which will cause a customer to waive his right to an estimate as a condition to performing any service or repair work;
V. Even where a customer has not requested an estimate, the motor vehicle repair facility is not permitted to perform any service or repair work without his authorization;
VI. The customer has a right to a return of all replaced parts, except those parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, if he requests that they be returned to him prior to the service or repair work being performed;
VII. The customer must be provided with an invoice for any service or repair work performed which itemizes all work performed, all parts supplied having a value in excess of $.50 and all labor charged and states whether or not any guarantee exists, and if so, its terms and the period for which it will be in effect;
VIII. A motor vehicle repair facility which fails to comply with any of these requirements is not entitled to any payment whatsoever for any service or repair work performed which was not authorized by the customer; and
IX. Any complaint concerning a failure of a motor vehicle repair facility to comply with these requirements should be filed with the Attorney General, Department of Justice, State House Annex, Concord, New Hampshire 03301. The attorney general may, in his discretion, approve any notice which substantially complies with the requirements of this paragraph.
Source. 1977, 295:1. 1979, 171:1. 1985, 300:7, I(a), (b).
Section 358-D:11-a
358-D:11-a Sale, Purchase, and Installation of Airbags; Criminal Penalty Established. –
I. Any person who knowingly manufactures, imports, sells, offers for sale, purchases, installs, or reinstalls any object intended to replace a supplemental restraint system component as part of a vehicle inflatable restraint system, and said object is not a properly operating airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, including a counterfeit supplemental restraint system component or a nonfunctional airbag, shall be guilty of a class A misdemeanor.
II. Any person who knowingly and intentionally sells, installs, or reinstalls a device that causes a motor vehicle's diagnostic system to fail to warn when the motor vehicle is equipped with a counterfeit supplemental restraint system component or a nonfunctional airbag or when no airbag is installed shall be guilty of a class A misdemeanor.
Source. 2003, 297:1, eff. Sept. 16, 2003. 2020, 33:12, eff. Jan. 1, 2021.
Section 358-D:11-b
358-D:11-b Installation of Recycled Airbag; Disposal of Counterfeit Supplemental Restraint System Components or Nonfunctional Airbags. –
I. Nothing in RSA 358-D:11-a shall prohibit the installation or reinstallation of a recycled airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system.
II. Nothing in RSA 358-D:11-a shall prohibit automotive dealers, repair professionals, recyclers, original equipment manufacturers, or contractors from disposing of counterfeit supplemental restraint system components or nonfunctional airbags in accordance with federal or state law.
Source. 2003, 297:1, eff. Sept. 16, 2003. 2020, 33:13, eff. Jan. 1, 2021.
Section 358-D:12
358-D:12 Remedies. –
I. Any violation of any provision of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
II. Except as provided in paragraph III of this section, any motor vehicle repair facility which violates any provision of this chapter with respect to any service or repair work performed on a motor vehicle for any customer shall not be entitled to any payment whatsoever for such work.
III. A motor vehicle repair facility shall be entitled to payment for service or repair work performed on a motor vehicle to the extent such work was authorized by the customer pursuant to this chapter. The burden of proving such work was so authorized shall rest on the motor vehicle repair facility.
IV. Payment, by any customer, of charges presented by a motor vehicle repair facility for service or repair work performed shall not be construed as a waiver of any right set forth in this chapter.
V. The remedies provided in this section shall be in addition to any other right, remedy, or penalty provided by law, including RSA 358-D:11-a and RSA 358-D:11-b.
Source. 1977, 295:1. 2003, 297:2, eff. Sept. 16, 2003.