Wis. Admin. Code ATCP § ATCP 132.01

Current through November 25, 2024

Section ATCP 132.01 - Definitions

As used in this chapter:

(1) "Accessory" means an item, such as a radio, audio system component or cellular communications device, that is designed to be attached to a motor vehicle and that is attached by cutting, drilling, fastening with screws or bolts, establishing electrical connections, or intruding into any existing component, part or system in a motor vehicle.

(2) "Customer" means a natural person, corporation or business entity that owns, operates or controls a motor vehicle that is the subject of a repair transaction. "Customer" includes a person who is authorized to act on the customer's behalf, or who acts on the customer's behalf with the customer's apparent authorization. "Customer" does not include a shop subcontracting a repair to another shop.

(3) "Department" means the State of Wisconsin department of agriculture, trade and consumer protection.

(4) "Estimate" means either of the following, but does not include a firm price quotation under s. ATCP 132.04(3):

(a) An oral or written repair price estimate that a shop representative gives to a customer, including any estimate required under s. ATCP 132.04(4), 132.06(1) (a) or (2).

(b) The price specified by the customer under estimate alternative number 2, as shown in s. ATCP 132.04(2).

(5) "Estimated completion date" means the estimated repair completion date under s. ATCP 132.05 or, if no estimated completion date is provided under s. ATCP 132.05, the date on which the motor vehicle, component, part or accessory is delivered to the shop for repair.

(6) "Firm price quotation" means a firm written price quotation under s. ATCP 132.04(3).

(7) "Motor vehicle" means any motor vehicle as defined in s. 340.01(35), Stats., and any motor home as defined in s. 340.01(33m), Stats., which is required to be registered with the state of Wisconsin department of transportation under ch. 341, Stats., or with an equivalent agency of another state, but does not include any vehicle, except a motor home, whose manufacturer's specified gross vehicle weight rating exceeds 16,000 lbs.

(8) "Repair" means any of the repair tasks identified under sub. (12), but does not include any of the following:

(a) Repair tasks that a shop performs on its own motor vehicle, or that a motor vehicle dealer performs in order to prepare a new or used motor vehicle for sale by the dealer.

(b) Repair tasks that the sole proprietor of a shop performs on a family member's motor vehicle.

(c) Towing a motor vehicle.

(d) Supplying motor fuel to a motor vehicle.

(e) Washing or waxing the exterior surface of a motor vehicle, unless the washing and waxing is performed in conjunction with another repair task under sub. (12).

(f) Cleaning the passenger compartment of a motor vehicle, unless the cleaning is performed in conjunction with another repair task under sub. (12).

(9) "Repair invoice" or "invoice" means a written repair invoice under s. ATCP 132.08.

(10) "Repair order" means a written repair order under s. ATCP 132.03.

(11) "Repair price" means the price that a shop charges to a customer for a repair, exclusive of sales tax.

(12) "Repair task" includes any of the following:

(a) The diagnosis of any defect or malfunction in a motor vehicle, or in a motor vehicle component, part or attached accessory.

(b) The installation or removal of any motor vehicle component, part or accessory.

(c) The improvement, adjustment, replacement, maintenance or servicing of any motor vehicle component or part, regardless of whether that component or part is attached to a motor vehicle at the time of repair.

(d) The improvement, adjustment, replacement, maintenance or servicing of any accessory that is attached to a motor vehicle at the time of repair.

(e) Tasks related to the preparation of a repair estimate or firm price quotation if the shop charges for preparing the repair estimate or firm price quotation.

(13) "Shop" means any natural person, corporation, partnership, or other business association or entity engaged in the motor vehicle repair business, and includes all owners, officers, employees and agents of the shop. "Shop" does not include a shop that repairs motor vehicles only for a single business or governmental entity, or for 2 or more entities that are subject to common control.

(14) "Shop representative" means a person whom the shop has authorized to do both of the following, or who does both of the following with apparent authority from the shop:

(a) Accept custody of a motor vehicle from a customer.

(b) Obtain a repair authorization from a customer.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 132.01

Cr. Register, January, 1994, No. 457, eff. 1-1-95.