Chapter 31A. Motor Vehicle Repair and Towing Registration

It shall be unlawful for any person, firm or corporation to engage in the business, occupation, profession or trade of repairing or maintaining motor vehicles or motor vehicle equipment, or towing motor vehicles, unless such person, firm and corporation shall have first registered with the county. This provision shall not be construed to apply to persons employed by the registrant, nor shall it apply to any insurer engaged as indemnitor, any surety, or any contractor engaged in the business of entering into contracts of insurance, or to the representatives of any insurer; nor shall it apply to corporations or organizations which repair, maintain or tow motor vehicles for themselves or other corporations and organizations but not for the general public.

Any person, firm or corporation who violates the provisions of this section shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

Any person, firm or corporation desiring to be engaged in business to repair, maintain or tow motor vehicles or install, repair or maintain motor vehicle equipment in the county shall register on the form provided by the county. Each application filed shall be accompanied by an application fee in the amount established by the county executive by written regulation adopted under method (3) of section 2A-15 of this Code. The county executive shall establish a sliding scale for such fees based on the number of employees engaged in repair work and with incentive to participate in voluntary certification through the National Institute for Automotive Service Excellence. This provision shall not be construed to require the registration of employees.

The county shall maintain a permanent register of all applicants and registrants in such form as the chief administrative officer shall require.

The County, through the Director, must issue a certificate of registration to an applicant within 10 days after receiving a completed application form and the applicable fee.

Registration certificates issued pursuant to this Chapter shall be valid for an initial period of one (1) year from date of issuance; renewal certificates shall be valid for a period of three (3) years. Applicants for renewal shall make application therefor at least thirty (30) days prior to the expiration of their registration and pay such fee as is established by the County Executive by written regulation adopted under method (3) of Section 2A-15 of this Code.

Registration certificates shall be displayed prominently in a public area of the registrant's place of business. Duplicate registration certificates may be obtained for a fee of two dollars ($2.00) if any original certificate is lost, stolen or destroyed.

Under the procedures in section 31A-7, the County may revoke, suspend or refuse to renew the registration of any registrant, except a tower, who has violated Chapter 11, or who has engaged in any deceptive or unconscionable trade practice as defined in Chapter 11, or who has committed any of the following acts:

Under the procedures in Section 31A-7, the County may revoke, suspend or refuse to renew the registration of any tower who does not comply with Article III of this Chapter.

In making a decision regarding revocation or suspension, the County must consider the past conduct of the registrant.

In addition to seeking the revocation or suspension of a registration, the County may also enforce or correct any violation of this Chapter as a class A violation.

Any person subjected to any unlawful practice, as defined in this Chapter, may file a complaint in writing with the Office as provided in Chapter 11.

After receiving a complaint under this Chapter, the Office must conduct such investigations and hearings as necessary under the authority delegated by Chapter 11.

Repealed by 1983 L.M.C., ch. 42, § 1.

If the Office finds a violation of this Chapter or Chapter 11, or a violation of any other applicable law or regulation relating to the repair or maintenance of motor vehicles, or if the Office finds a violation of Article III of this Chapter relating to the towing of motor vehicles, the Office may, in addition to the procedures established in Chapter 11, issue a written complaint against the registrant, seeking that the registrant's motor vehicle repair and towing registration be revoked, suspended, or refused. All complaints issued by the Office must be in writing and specify the allegations on which the complaint is based and the law or regulation which the registrant allegedly violated. All complaints must be served on the registrant against whom the complaint is made either by personal service or by certified mail, delivery restricted to addressee, mailed to the last address recorded in the official County registry.

Before revoking, suspending or refusing to renew any registration, the Office must offer the registrant an opportunity for a hearing to show why the registration should not be revoked, suspended, or refused. The Director may serve as hearing officer at any hearing, or the Director may appoint a hearing officer. The registrant must receive at least 15 days written notice of the hearing by personal service or certified mail delivered to the last address recorded in the official County registry. The notice must specify the time, date and place of the hearing and contain sufficient information to inform the registrant of the nature of the complaint. The notice must specify that the registrant has a right to representation by counsel and that the registration may be suspended, revoked or refused by the County.

The hearing officer, on finding a violation of this Chapter or Chapter 11, or any other applicable law or regulation relating to the repair or maintenance of motor vehicles, may revoke, suspend, or refuse to renew the registration of any registrant. The hearing officer may revoke, suspend, or refuse to renew a tower’s registration on finding a violation of Article III of this Chapter relating to the towing of motor vehicles. Any decision to revoke, suspend, or refuse to renew registration must be in writing, include a statement of the facts on which it is based, and be served on a registrant by personal service or certified mail. Any registrant aggrieved by a decision to revoke, suspend or refuse any registration may appeal to the Circuit Court under the applicable rules for administrative appeals.

Any registrant shall provide to every consumer upon request a written estimate of repairs the total of which exceeds twenty-five dollars ($25.00). The estimate shall state the name and address of the motor vehicle's owner, the make, year and tag number of the motor vehicle and the odometer reading, and the total estimated cost of:

Any express warranty of parts or workmanship shall be stated.

In the event that a determination is made that the actual charges for the repairs or maintenance will exceed the total written or oral estimate by more than ten (10) percent of the total estimate, the consumer or his designated agent shall be immediately notified by telephone, telegram, mail or written notice of the new estimated charges. Such notification shall be at the expense of the registrant. A consumer so notified may authorize the new estimate charge or may cancel the order for repairs. Such authorization or cancellation must be confirmed in writing by the registrant or his employee. If the order for repair is canceled by the consumer, the unrepaired or partially repaired motor vehicle shall be released expeditiously in reasonably like condition as received unless it is impossible to reinstall removed part or parts and upon payment of whatever charge is imposed for the services performed on the vehicle.

Except as otherwise provided herein, no registrant or his employee shall perform any motor vehicle repair or maintenance on the basis of an estimate prepared by other than the registrant or his employee. With respect to the performance of repairs or maintenance on the basis of estimates prepared by third parties, registrants shall have the responsibility to exercise their independent judgment regarding the nature and the scope of the work to be performed and the parts, materials and labor involved in making such repairs. Nothing herein shall be construed to prohibit a registrant from adopting, accepting or incorporating a third party's estimate into its own estimate for any repair work, by endorsing such third party estimate in writing with the words "adopted," "accepted," "incorporated" or with words of similar import; provided, that the registrant, in so doing, acknowledges in writing that its own opinion coincides with that of the estimate adopted or incorporated from the third party; and further provided, that the registrant incorporates any additional information necessary to assure that the registrant's estimate complies with the provisions of this chapter.

All repair and maintenance work done by any registrant or his employees shall be recorded on an invoice detailing and describing all services or work performed and all parts supplied and the exact charge for each such part or service, except where the total charge is less than fifteen dollars ($15.00).

One (1) copy of the invoice shall be given to the consumer and one (1) copy shall be retained by the registrant or business establishment for a period of at least one (1) year.

All business establishments which engage in motor vehicle repair or maintenance shall give reasonable notice of the consumer's right to a written estimate. It shall be prima facie evidence of such notice if there is posted in a conspicuous place at the point where vehicles are normally received for repair, a sign two (2) feet by three (3) feet stating: "Under the provisions of the Montgomery County Code, all customers are entitled to a written estimate upon request before repair work over $25 is begun and this business must comply with that law."

Each business establishment engaged in the business of motor vehicle repair or maintenance shall give reasonable notice of its policy on storage charges. It shall be prima facie evidence of such notice if there is posted in a conspicuous place at the point where vehicles are normally received for repair, a sign stating its storage policy; provided, that no storage charge shall accrue or be due and payable for a period of twenty-four (24) hours from the date of notification to a consumer of the completion of repairs or services, unless otherwise agreed.

Certify to the Department that each driver will possess a valid license to drive a towing vehicle.

Carry, in addition to any coverage the state requires, a minimum of $25,000 of insurance coverage for losses sustained by any consumer as a result of damage to a vehicle while that vehicle is in the custody and control of the licensee during towing, transport, and storage of the automobile by the licensee. The applicant must submit an insurance policy or other document showing compliance with this subsection to the Department. The additional insurance required by this subsection may be suspended, increased or decreased under Executive regulations on a showing of availability or nonavailability to licensees of particular types of insurance from the insurance industry or on presentation of facts showing that such insurance is insufficient or greater than necessary to ensure protection of consumers or the public.