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In this Chapter, the following words and phrases have the following meanings:
Director or Executive Director: The Director of the Office of Consumer Protection.
Motor vehicle: Any vehicle, including trucks and motor bikes, fully or partially powered by an internal-combustion engine or electric motor and used as means of transportation on public highways.
Office: The Office of Consumer Protection.
Repair and maintenance: Includes the adjustment, replacement, removal or installation of any component or part of a motor vehicle including, but not limited to, any adjustment, replacement, removal, installation, examination or diagnosis of any component or part of the power train, engine, transmission, brake system, electrical system, engine cooling system, heating or air-conditioning system, exhaust system, suspension system and any other mechanical or nonmechanical part or component. The words "repair and maintenance" shall also include the examination, diagnosis, repair, adjustment, replacement, removal or installation of any part of the exterior or interior of any motor vehicle, including tires, lights, upholstery, windows, glass, paint or other body work and shall further include the replacement or installation of any oil, lubricant or fluid necessary or incidental to the operation, maintenance or repair of a motor vehicle or any component or part thereof. The words "repair and maintenance" shall not include the towing of any motor vehicle.
Towing: The moving or removing of, or the preparation to move, any motor vehicle by another motor vehicle for hire. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1988 L.M.C., ch. 29, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1.)
Editor’s note—2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
(a) 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.
(b) 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. (1975 L.M.C., ch. 21, § 1; 1975 L.M.C., ch. 29, § 1; 1980 L.M.C., ch. 10, § 1; 1983 L.M.C., ch. 22, § 38.)
(a) 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.
(b) The county shall maintain a permanent register of all applicants and registrants in such form as the chief administrative officer shall require. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1984 L.M.C., ch. 24, § 37.)
(a) 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.
(b) 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.
(c) 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. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1980 L.M.C., ch. 34, § 1; 1984 L.M.C., ch. 24, § 37; 1996 L.M.C., ch. 13, § 1.)
(a) 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:
(1) Fraud or deceit in applying for a registration certificate.
(2) Aiding, abetting or knowingly combining or conspiring with an unregistered person with intent to evade this Chapter.
(3) Willful and deliberate violation of any state or County law or regulation relating to the repair or maintenance of motor vehicles.
(4) Willful failure to perform, without justification, any contract for repair, installation, or maintenance, or willful deviation from or disregard of any written estimate in any material respect without the consent of the consumer.
(5) Any conduct constituting gross negligence, relating to the repair or maintenance of motor vehicles.
(6) Repeatedly making or authorizing any statement or advertisement which is false or misleading and which is or should reasonably have been known to be false or misleading.
(7) Knowingly charging for any service which is not actually performed in repairing or maintaining a motor vehicle, knowingly charging for any parts which are not furnished, knowingly misinforming a consumer concerning what is wrong with a motor vehicle, or fraudulently substituting parts when the substitution has no relation to the repairs or services provided.
(b) 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.
(c) In making a decision regarding revocation or suspension, the County must consider the past conduct of the registrant.
(d) 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. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1983 L.M.C., ch. 22, § 39; 1997 L.M.C., ch. 21, §1.)
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