Michigan Compiled Laws Act 300 Of 1974 Motor Vehicle Service And Repair Act (257.1301 - 257.1340)

AN ACT to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties.

History: 1974, Act 300, Eff. Apr. 1, 1975

Section 257.1301 Short Title.
This act shall be known and may be cited as the “motor vehicle service and repair act”. History: 1974, Act 300, Eff. Apr. 1,
Section 257.1302 Definitions.
As used in this act: (a) “Administrator” means the secretary of state or any person designated by him or her to act in his...
Section 257.1302a Additional Definitions.
As used in this act: (a) “Distressed vehicle” means that term as defined in section 12a of the Michigan vehicle code, Act No. 300...
Section 257.1303 Act Inapplicable To Gasoline Service Stations Exclusively Engaged In Selling Motor Fuel And Lubricants; Minor Services Subject To Act; Exception.
Unless the means of doing or engaging in a motor vehicle repair business including the operating of a motor vehicle repair facility is adopted...
Section 257.1304 Act Inapplicable To Certain Persons.
Unless the act or practice of repairing, servicing, reconditioning, or engaging in the activity of a master or specialty mechanic is adopted for the...
Section 257.1305 Motor Vehicle Repair Facility; Certified Specialty Or Master Mechanic Required; Inspection And Approval Of Work Performed By Noncertified Mechanic; Waiver.
(1) Effective December 31, 1977, all motor vehicle repair facilities must have at least 1 specialty or master mechanic in its employ certified in...
Section 257.1306 Motor Vehicle Repair Facility; Registration Required.
Unless the act or practice is otherwise exempt by this act, a person shall not engage in the business or activity of a motor...
Section 257.1307 Unfair Or Deceptive Practices Prohibited.
A person subject to this act shall not engage or attempt to engage in a method, act, or practice which is unfair or deceptive....
Section 257.1308 Administration Of Act; Nonaffiliation With Facility.
The secretary of state or his designee shall administer this act. A person designated by the secretary of state to act in his place...
Section 257.1309 Powers And Duties Of Administrator; Rules.
The administrator shall: (a) Certify master and specialty mechanics and issue permits to mechanic trainees subject to this act. (b) Register motor vehicle repair...
Section 257.1310 Certification As Specialty Mechanic; Repair Categories For Which Certification Required; Certification Fee; Examination; Qualification For Master Mechanic's Certificate.
(1) A person may become certified as a specialty mechanic if that person has passed an examination, developed by the administrator or developed by...
Section 257.1311 Application For Specialty Or Master Mechanic's Certificate; Form; Contents.
Before a person offers to engage in or engages in employment as a specialty or master mechanic, that person shall apply for and receive...
Section 257.1312 Examination.
An applicant shall be required to have passed an examination which is designed to test the competency to correctly diagnose and repair motor vehicles...
Section 257.1313 Mechanic Trainee Permit; Supervision Of Mechanic Trainee; Mechanic Trainee Training.
If a person is unable to obtain a certificate as a specialty or master mechanic as provided in this act, and that person desires...
Section 257.1314 Registration Form; Contents.
A motor vehicle repair facility shall be registered by the owner on a registration form provided by the administrator, which shall disclose the following...
Section 257.1315 Single Registration Form For More Than 1 Facility; Contents; Fees.
A business maintaining more than 1 motor vehicle repair facility shall file a single registration form annually, which along with the other information required...
Section 257.1316 Change In Name Or Address Of Facility; Notice; Making Change In Renewal Registration.
If a name or address of the motor vehicle repair facility changes, not involving a change of ownership, the facility shall notify the administrator...
Section 257.1317 Inspections; Time; Announced And Unannounced; Violations.
(1) The registered facility or a facility required to be registered under this act shall be open to inspection by the administrator and other...
Section 257.1318 Records; Contents; Police Book; Dealer's License Required.
(1) A facility shall maintain reasonable records as are required by rules promulgated to carry out this act. The records shall be open for...
Section 257.1318a Records Of Air Bag Sales, Purchases, Or Acquisitions; Period Of Time Records Required To Be Maintained.
(1) A facility that repairs or replaces air bags in a motor vehicle shall maintain a record of the purchase or sale of each...
Section 257.1319 Obtaining Duplicate Copy Of Registration, Certificate, Or Permit.
In the event of loss, destruction, or mutilation of a registration, certificate, or permit, the person to whom it was issued may obtain a...
Section 257.1320 Renewal Of Registrations, Certificates, And Permits.
Registrations and certificates including mechanic trainee permits shall be renewed as determined by rule. History: 1974, Act 300, Eff. Apr. 1, 1975
Section 257.1321 Cease And Desist Order.
(1) If the administrator determines after notice and a hearing that a person has violated this act or a rule promulgated pursuant to it,...
Section 257.1321a Summary Suspension Of Registration, Certificate, Or Mechanic Trainee Permit; Affidavit; Hearing; Setting Aside, Continuing, Or Modifying Order Of Summary Suspension.
(1) The administrator may order a summary suspension of a registration, certificate, or mechanic trainee permit pursuant to the administrative procedures act of 1969,...
Section 257.1322 Denial, Suspension, Or Revocation Of Registration, Certificate, Or Mechanic Trainee Permit; Grounds; Notice And Hearing.
The administrator may deny, suspend, or revoke a registration, certificate, or mechanic trainee permit after notice and opportunity for a hearing if the administrator...
Section 257.1323 Action By Attorney General Or County Prosecutor.
If it appears that a person has engaged, is engaging, or is about to engage in a method, act, or practice in violation of...
Section 257.1324 Notice Of Alleged Violation.
The attorney general or prosecuting attorney after receiving notice of an alleged violation of this act or a violation of an injunction, order, decree...
Section 257.1325 Action By Administrator Not Restricted By Expiration Or Absence Of Registration, Certificate, Or Permit.
The expiration or absence of a registration, certificate, or permit of a facility or person shall not restrict the administrator from proceeding with an...
Section 257.1326 Public Or Private Investigation By Administrator; Additional Powers Of Administrator.
(1) The administrator shall on his own initiative or in response to complaints, make reasonable and necessary public or private investigations within or outside...
Section 257.1327 Voluntary Assurance Of Discontinuance Of Alleged Violation.
In mediating a dispute between parties contesting a violation of this act or administrative rule, the administrator may take from a motor vehicle repair...
Section 257.1328 Oaths Or Affirmations; Subpoena; Order Compelling Compliance; Contempt.
(1) For the purpose of an investigation or proceeding under this act, the administrator or an officer designated by him may administer oaths or...
Section 257.1329 Service Of Process.
If a person, including a nonresident of this state, engages in conduct prohibited by this act or a rule or order and has not...
Section 257.1330 Fees; Duration Of Original And Renewal Registrations, Certificates, And Permits.
(1) The registration fee for the registration of a facility shall be determined by a sliding fee scale based upon the gross annual revenue...
Section 257.1331 Acts Or Practices Barring Action On Contract, Action For Collection Of Compensation, Or Assertion Of Lien; Recovery Of Amount Paid Unregistered Facility.
A person who engages or attempts to engage in the business or trade of a motor vehicle repair facility or specialty or master mechanic...
Section 257.1332 Written Estimate Required; Consent To Excess Charge; Payment Of Actual Cost If Cost Less Than Estimate; Cost Of Returning Vehicle To Original Condition; Cost Of Diagnosis; Waiver Of Rights.
(1) A motor vehicle repair facility shall give to the customer a written estimate, itemizing as closely as possible the price for labor and...
Section 257.1333 Right To Receive Or See Replaced Parts; Notice; Sign At Entrance Of Facility.
(1) The administrator shall determine by rule the time and manner in which the motor vehicle repair facility shall return replaced parts to the...
Section 257.1334 Written Statement Required Upon Return Of Repaired Vehicle.
A motor vehicle repair facility, including a gasoline service station which performs any of the repairs listed in the repair categories of certification for...
Section 257.1334a Written Estimate Not Required If Total Cost Less Than $20.00; Final Invoice Required.
Unless otherwise requested by the customer, the requirement to furnish a written estimate shall not apply to repair work performed by a motor vehicle...
Section 257.1335 False Statement, Misrepresentation, Or Failure To Comply With Cease And Desist Order.
A resident agent, director, officer, or partner of a motor vehicle repair facility who knowingly authorizes, directs or makes a false statement or misrepresentation...
Section 257.1336 Liability For Damage Or Injury.
A facility that violates this act or who, in a course of dealing as set forth in this act or rules, engages in an...
Section 257.1337 Mechanic Or Mechanic Trainee As Agent; Joint And Several Liability; Right To Contribution.
(1) If a mechanic or mechanic trainee is employed by, or enters into a contract with, a motor vehicle repair facility, that mechanic or...
Section 257.1338 Violation; Penalty.
Any person, agent, or employee of a registrant under this act who knowingly violates this act is guilty of a misdemeanor, punishable by imprisonment...
Section 257.1339 Rules; Effective Date.
The department shall promulgate the rules to implement this act within 6 months after the effective date of this act. The remaining portions of...
Section 257.1340 Disposition Of Fees.
The fees collected pursuant to this act shall be credited to the general fund of the state. History: 1974, Act 300, Eff. Apr. 1,

Last modified: October 10, 2016