Colorado § 42-9-111 - Prohibited acts - definitions.

§ 42-9-111. Prohibited acts - definitions.

(1) A motor vehicle repair facility or any employee or contract laborer of the facility shall not:

(a) Charge for repairs which have not been consented to by the customer or charge for repairs in excess of amounts allowed by this article;

(b) Represent that repairs are necessary when such is not a fact;

(c) Represent that repairs have been performed when such is not a fact;

(d) Represent that a motor vehicle or motor vehicle part being diagnosed is in dangerous condition when such is not a fact;

(e) Perform emissions repairs to bring motor vehicles into compliance with the provisions of sections 42-4-301 to 42-4-316 when such repairs are not indicated by the identified emissions failure;

(f) Fail to issue an invoice as required by section 42-9-108;

(g) Fail to give notice as required by section 42-9-105;

(h) Require a customer to sign a work order that does not state the repairs that are requested by the customer;

(i) Fail to state the motor vehicle odometer reading, unless such reading is unfeasible due to the condition of the odometer; or

(j) (I) Install or reinstall, as part of a vehicle inflatable restraint system, any device that causes the motor vehicle's diagnostic systems to fail to warn that:

(A) The motor vehicle is equipped with a counterfeit supplemental restraint system component;

(B) The motor vehicle is equipped with a nonfunctional airbag; or

(C) No airbag is installed.

(II) For purposes of subsection (1)(j)(I) of this section, an installation or reinstallation does not occur until the work is completed and the motor vehicle is returned to the customer, or title is transferred.

(2) As used in this section:

(a) "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

(b) "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier.

(c) "Nonfunctional airbag" means a replacement airbag that:

(I) Was previously deployed or damaged;

(II) Has an electric fault that is detected by the motor vehicle's diagnostic systems when the installation procedure is completed and the motor vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

(III) Includes a part or object, including a supplemental restraint system component, installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

(IV) Is prohibited from being sold or leased in accordance with 49 U.S.C. sec. 30120 (j).

(d) "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in 49 CFR 571.208. A supplemental restraint system includes:

(I) Each airbag installed in accordance with the motor vehicle manufacturer's design; and

(II) All components required to ensure that an airbag operates as designed in the event of a crash and in accordance with the federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle.

Source: L. 94: Entire title amended with relocations, p. 2506, § 1, effective January 1, 1995. L. 95: (1)(f) to (1)(h) added, p. 577, § 6, effective January 1, 1996. L. 97: IP(1) and (1)(h) amended and (1)(i) added, p. 863, § 10, effective May 21. L. 2002: (1)(h) and (1)(i) amended and (1)(j) added, p. 196, § 1, effective July 1. L. 2021: IP(1) and (1)(j) amended and (2) added, (HB 21-1193), ch. 148, p. 866, § 2, effective September 7.

Editor's note: This section is similar to former § 42-11-108 as it existed prior to 1994.

ANNOTATION

Recommending a fuel injector flush as a routine preventive maintenance service on all vehicles, regardless of age or condition, violates subsection (1)(b). Jones v. Stevinson's Golden Ford, 36 P.3d 129 (Colo. App. 2001).