§ 42-9-111 — Prohibited acts - definitions

Colorado § 42-9-111

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Motor Vehicle Repair Act

Text

(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.

Legislative History

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.