State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-38-3 > 5-38-3-2

SECTION 5-38.3-2

   § 5-38.3-2  Definitions. – As used in this chapter:

   (1) "Consumer protection unit" means the consumer protectionunit of the department of the attorney general.

   (2) "Day" means calendar day except that if the last day is aSaturday, Sunday, or holiday there is an extension of time to the conclusion ofthe next business day.

   (3) "Deceptive practice" means a deceptive act or practice asdefined in chapter 13.1 of title 6.

   (4) "Diagnostic center" means a business, which examinesmotor vehicles to determine the cause or location of malfunctions in motorvehicles.

   (5) "Documentary material" means the original or a copy ofany book, record, report, memorandum, paper, communication, tabulation, map,chart, photograph, mechanical transcription, or other tangible document orrecording wherever situate.

   (6) "Estimate" means the repair shop's determination of thecost of parts and the cost of labor needed to perform offered services. If ateardown is needed to determine the services required to repair a motor vehiclemalfunction, the estimate, which includes the cost of teardown and reassembly,shall clearly state that the estimate does not include the cost of repairs.

   (7) "Examination" of documentary material includes theinspection, study, or copying of any documentary material, and the taking oftestimony, under oath or acknowledgement, in respect of any documentarymaterial or copy of documentary material.

   (8) "Flat rate" means relevant time allocated to a job asindicated in the manual used. These times may differ from actual time.

   (9) "Guarantee" means an obligation undertaken by a repairshop to re-repair a vehicle at no charge, or at a reduced charge, for parts orlabor or both.

   (10) "Invoice" means a bill, in writing, listing the detailsof the transaction between the repair shop and the customer as required by thispart.

   (11) "Motor vehicle" means every vehicle operated or drivenupon a public highway which is propelled by any power other than muscularpower, except:

   (A) Electrically-driven mobility assistance devices operatedor driven by a person with a disability;

   (B) Vehicles which run only upon rails or tracks;

   (C) Snowmobiles;

   (D) Farm type tractors and all terrain vehicles usedexclusively for agricultural purposes; and

   (E) Towed vehicles designed and primarily used for somepurpose other than transporting people or property.

   (ii) The term "motor vehicle" excludes fire and policevehicles other than ambulances.

   (12) "Motor vehicle repair shop" or "repair shop" means anyperson who, for compensation, is wholly or partially engaged in the business ofrepairing or diagnosing motor vehicle malfunctions, except that these terms donot include:

   (i) Any employee of a motor vehicle repair shop who engagesin the business of repairing motor vehicles solely by reason of his or heremployment;

   (ii) Any person who is solely engaged in the business ofrepairing the motor vehicles of a single commercial or industrialestablishment, or of the federal, state, or local government or any agencythereof;

   (iii) Any person whose activities consist solely of fueling,changing oil, water, batteries or tires, replacing fan belts, air filters oroil filters, installing windshield wiper blades or light bulbs, or other minorrepair and servicing functions that the director by rule prescribes;

   (iv) Any person solely engaged in the business of repairingfarm or road building machines, or any other utility vehicles that the directormay by regulation designate;

   (v) Any person who is governed by the provisions of chapters5 and 5.1 of title 31.

   "Motor vehicle repair shop" shall also include any shop,drive-in station, or garage operated by any person, firm, corporation, orassociation at which motor vehicles are inspected for the purposes ofappraising, evaluating, or estimating the cost of motor vehicle repairs, andthe repairs are actually performed.

   (13) "Reasonable fee for making an estimate" means an amountbased on no more than the shop's labor charge, calculated by clock hours, orone dollar ($1.00), whichever is greater.

   (14) "Repair" means any alteration or adjustment to a motorvehicle, or diagnoses of a malfunction.

   (15) "Timely written demand" means a request, in writing,made to the repair shop operator by the customer before any work is done on thevehicle.

   (16) "Trade" and "commerce" mean the advertising, offeringfor sale, sale, or distribution of any services and any property, tangible orintangible, real, personal, or mixed, and any other article, commodity, orthing of value wherever situated, and includes any trade or commerce directlyor indirectly affecting the people of this state.

   (17) "Warranty" means a promise made by a manufacturer that avehicle will be repaired at no charge, or at a reduced charge, for parts orlabor or both.

   (18) "Work order" means an authorization, either oral orwritten, on the part of the customer for the repair shop to perform a service.

State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-38-3 > 5-38-3-2

SECTION 5-38.3-2

   § 5-38.3-2  Definitions. – As used in this chapter:

   (1) "Consumer protection unit" means the consumer protectionunit of the department of the attorney general.

   (2) "Day" means calendar day except that if the last day is aSaturday, Sunday, or holiday there is an extension of time to the conclusion ofthe next business day.

   (3) "Deceptive practice" means a deceptive act or practice asdefined in chapter 13.1 of title 6.

   (4) "Diagnostic center" means a business, which examinesmotor vehicles to determine the cause or location of malfunctions in motorvehicles.

   (5) "Documentary material" means the original or a copy ofany book, record, report, memorandum, paper, communication, tabulation, map,chart, photograph, mechanical transcription, or other tangible document orrecording wherever situate.

   (6) "Estimate" means the repair shop's determination of thecost of parts and the cost of labor needed to perform offered services. If ateardown is needed to determine the services required to repair a motor vehiclemalfunction, the estimate, which includes the cost of teardown and reassembly,shall clearly state that the estimate does not include the cost of repairs.

   (7) "Examination" of documentary material includes theinspection, study, or copying of any documentary material, and the taking oftestimony, under oath or acknowledgement, in respect of any documentarymaterial or copy of documentary material.

   (8) "Flat rate" means relevant time allocated to a job asindicated in the manual used. These times may differ from actual time.

   (9) "Guarantee" means an obligation undertaken by a repairshop to re-repair a vehicle at no charge, or at a reduced charge, for parts orlabor or both.

   (10) "Invoice" means a bill, in writing, listing the detailsof the transaction between the repair shop and the customer as required by thispart.

   (11) "Motor vehicle" means every vehicle operated or drivenupon a public highway which is propelled by any power other than muscularpower, except:

   (A) Electrically-driven mobility assistance devices operatedor driven by a person with a disability;

   (B) Vehicles which run only upon rails or tracks;

   (C) Snowmobiles;

   (D) Farm type tractors and all terrain vehicles usedexclusively for agricultural purposes; and

   (E) Towed vehicles designed and primarily used for somepurpose other than transporting people or property.

   (ii) The term "motor vehicle" excludes fire and policevehicles other than ambulances.

   (12) "Motor vehicle repair shop" or "repair shop" means anyperson who, for compensation, is wholly or partially engaged in the business ofrepairing or diagnosing motor vehicle malfunctions, except that these terms donot include:

   (i) Any employee of a motor vehicle repair shop who engagesin the business of repairing motor vehicles solely by reason of his or heremployment;

   (ii) Any person who is solely engaged in the business ofrepairing the motor vehicles of a single commercial or industrialestablishment, or of the federal, state, or local government or any agencythereof;

   (iii) Any person whose activities consist solely of fueling,changing oil, water, batteries or tires, replacing fan belts, air filters oroil filters, installing windshield wiper blades or light bulbs, or other minorrepair and servicing functions that the director by rule prescribes;

   (iv) Any person solely engaged in the business of repairingfarm or road building machines, or any other utility vehicles that the directormay by regulation designate;

   (v) Any person who is governed by the provisions of chapters5 and 5.1 of title 31.

   "Motor vehicle repair shop" shall also include any shop,drive-in station, or garage operated by any person, firm, corporation, orassociation at which motor vehicles are inspected for the purposes ofappraising, evaluating, or estimating the cost of motor vehicle repairs, andthe repairs are actually performed.

   (13) "Reasonable fee for making an estimate" means an amountbased on no more than the shop's labor charge, calculated by clock hours, orone dollar ($1.00), whichever is greater.

   (14) "Repair" means any alteration or adjustment to a motorvehicle, or diagnoses of a malfunction.

   (15) "Timely written demand" means a request, in writing,made to the repair shop operator by the customer before any work is done on thevehicle.

   (16) "Trade" and "commerce" mean the advertising, offeringfor sale, sale, or distribution of any services and any property, tangible orintangible, real, personal, or mixed, and any other article, commodity, orthing of value wherever situated, and includes any trade or commerce directlyor indirectly affecting the people of this state.

   (17) "Warranty" means a promise made by a manufacturer that avehicle will be repaired at no charge, or at a reduced charge, for parts orlabor or both.

   (18) "Work order" means an authorization, either oral orwritten, on the part of the customer for the repair shop to perform a service.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-38-3 > 5-38-3-2

SECTION 5-38.3-2

   § 5-38.3-2  Definitions. – As used in this chapter:

   (1) "Consumer protection unit" means the consumer protectionunit of the department of the attorney general.

   (2) "Day" means calendar day except that if the last day is aSaturday, Sunday, or holiday there is an extension of time to the conclusion ofthe next business day.

   (3) "Deceptive practice" means a deceptive act or practice asdefined in chapter 13.1 of title 6.

   (4) "Diagnostic center" means a business, which examinesmotor vehicles to determine the cause or location of malfunctions in motorvehicles.

   (5) "Documentary material" means the original or a copy ofany book, record, report, memorandum, paper, communication, tabulation, map,chart, photograph, mechanical transcription, or other tangible document orrecording wherever situate.

   (6) "Estimate" means the repair shop's determination of thecost of parts and the cost of labor needed to perform offered services. If ateardown is needed to determine the services required to repair a motor vehiclemalfunction, the estimate, which includes the cost of teardown and reassembly,shall clearly state that the estimate does not include the cost of repairs.

   (7) "Examination" of documentary material includes theinspection, study, or copying of any documentary material, and the taking oftestimony, under oath or acknowledgement, in respect of any documentarymaterial or copy of documentary material.

   (8) "Flat rate" means relevant time allocated to a job asindicated in the manual used. These times may differ from actual time.

   (9) "Guarantee" means an obligation undertaken by a repairshop to re-repair a vehicle at no charge, or at a reduced charge, for parts orlabor or both.

   (10) "Invoice" means a bill, in writing, listing the detailsof the transaction between the repair shop and the customer as required by thispart.

   (11) "Motor vehicle" means every vehicle operated or drivenupon a public highway which is propelled by any power other than muscularpower, except:

   (A) Electrically-driven mobility assistance devices operatedor driven by a person with a disability;

   (B) Vehicles which run only upon rails or tracks;

   (C) Snowmobiles;

   (D) Farm type tractors and all terrain vehicles usedexclusively for agricultural purposes; and

   (E) Towed vehicles designed and primarily used for somepurpose other than transporting people or property.

   (ii) The term "motor vehicle" excludes fire and policevehicles other than ambulances.

   (12) "Motor vehicle repair shop" or "repair shop" means anyperson who, for compensation, is wholly or partially engaged in the business ofrepairing or diagnosing motor vehicle malfunctions, except that these terms donot include:

   (i) Any employee of a motor vehicle repair shop who engagesin the business of repairing motor vehicles solely by reason of his or heremployment;

   (ii) Any person who is solely engaged in the business ofrepairing the motor vehicles of a single commercial or industrialestablishment, or of the federal, state, or local government or any agencythereof;

   (iii) Any person whose activities consist solely of fueling,changing oil, water, batteries or tires, replacing fan belts, air filters oroil filters, installing windshield wiper blades or light bulbs, or other minorrepair and servicing functions that the director by rule prescribes;

   (iv) Any person solely engaged in the business of repairingfarm or road building machines, or any other utility vehicles that the directormay by regulation designate;

   (v) Any person who is governed by the provisions of chapters5 and 5.1 of title 31.

   "Motor vehicle repair shop" shall also include any shop,drive-in station, or garage operated by any person, firm, corporation, orassociation at which motor vehicles are inspected for the purposes ofappraising, evaluating, or estimating the cost of motor vehicle repairs, andthe repairs are actually performed.

   (13) "Reasonable fee for making an estimate" means an amountbased on no more than the shop's labor charge, calculated by clock hours, orone dollar ($1.00), whichever is greater.

   (14) "Repair" means any alteration or adjustment to a motorvehicle, or diagnoses of a malfunction.

   (15) "Timely written demand" means a request, in writing,made to the repair shop operator by the customer before any work is done on thevehicle.

   (16) "Trade" and "commerce" mean the advertising, offeringfor sale, sale, or distribution of any services and any property, tangible orintangible, real, personal, or mixed, and any other article, commodity, orthing of value wherever situated, and includes any trade or commerce directlyor indirectly affecting the people of this state.

   (17) "Warranty" means a promise made by a manufacturer that avehicle will be repaired at no charge, or at a reduced charge, for parts orlabor or both.

   (18) "Work order" means an authorization, either oral orwritten, on the part of the customer for the repair shop to perform a service.