PRINTER'S NO. 3013
No. 2317 Session of 1982
INTRODUCED BY GANNON, ALDEN, ARTY, CIVERA, MICOZZIE, COSLETT,
GRUPPO, BOYES, MADIGAN, MERRY, McMONAGLE, KOWALYSHYN,
MICHLOVIC, MURPHY AND DURHAM, MARCH 3, 1982
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, MARCH 3, 1982
AN ACT
1 Relating to motor vehicle repair practices, prescribing
2 penalties and providing for damages.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Motor
7 Vehicle Repair Fair Practices Act."
8 Section 2. Inspection of vehicle.
9 (a) Refusal unlawful.--It shall be unlawful for any motor
10 vehicle dealership, repair garage, body shop, specialty shop or
11 service facility to deny access to, or otherwise prevent
12 inspections and photographs of any damaged motor vehicle in or
13 on its premises by any representative of any insurer that has
14 been or may be called upon to pay for the repair of such damages
15 under the collision or comprehensive coverage of its insurance
16 policy.
17 (b) Hours of inspection.--Such inspections and photographs
1 may be made only during regular business hours.
2 Section 3. Failure to repair in accordance with agreement.
3 It shall be unlawful for any person to knowingly fail to
4 install the kind, quality and quantity of parts or perform
5 corrective or repair operations upon any motor vehicle, all as
6 agreed upon in writing with the insurer, or if uninsured, with
7 the vehicle owner, without first obtaining the approval of the
8 insurer or owner with whom the original repair agreement was
9 made and without appropriate adjustment in the final bill.
10 Section 4. Attempts to conceal deductibles.
11 It shall be unlawful for any person to overstate, in any
12 estimate or bill for motor vehicle repairs done, or to be done,
13 the true, reasonable and proper charge for such repair, in order
14 to conceal any deductible provided for under any insurance
15 contract.
16 Section 5. Illusory estimates.
17 It shall be unlawful for any person to create the illusion of
18 competitive estimates by preparing separate estimates for the
19 repair of the same motor vehicle on separate letterheads or
20 other separate stationery of separate business entities, whether
21 or not under common or related ownership or management.
22 Section 6. Penalties.
23 Any person who violates sections 2, 3, 4 or 5 shall:
24 (1) for the first offense, be sentenced to pay a fine of
25 not more than $200;
26 (2) for the second offense, be sentenced to pay a fine
27 of not more than $500, or to undergo imprisonment for a term
28 of not more than 60 days or both; and
29 (3) for the third or subsequent offense, be sentenced to
30 pay a fine of not more than $1,000 and to undergo
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1 imprisonment for a term of not more than six months.
2 Section 7. Damages.
3 Any insurer or owner of a motor vehicle may recover from any
4 person who violates this act civil damages up to the amount of
5 any excessive charge paid as a result of this violation, plus
6 costs and attorney fees.
7 Section 8. Severability.
8 If any provision of this act or the application thereof to
9 any person or circumstances is held invalid, such invalidity
10 shall not affect other provisions or applications of the act
11 which can be given effect without the invalid provision or
12 application, and to this end the provisions of this act are
13 declared to be severable.
14 Section 9. Effective date.
15 This act shall take effect in 60 days.
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