Sec. 5.
(1) Effective December 31, 1977, all motor vehicle repair facilities must have at least 1 specialty or master mechanic in its employ certified in each category of repair which it provides.
(2) After January 1, 1978 any work concerning major service or repair performed by a noncertified mechanic shall be inspected and approved by 1 who is certified in the pertinent specialty.
(3) Effective December 31, 1980, a person shall not engage in the business or activity of a specialty or master mechanic unless the person is certified pursuant to this act.
(4) Following December 31, 1977, if a customer voluntarily requests services or parts for the repair of a motor vehicle without delay, due to an emergency, from a repair facility in a repair category for which that facility does not have a master or specialty mechanic, that facility may obtain from the customer a waiver of the customer's rights to have the repair work performed by a master or specialty mechanic. The waiver shall be executed in duplicate with 1 copy to be given to the customer requesting the repairs and shall read as follows:
"______________________(customer) has voluntarily requested
_______________(repair person) of ________________(facility) to provide services
or parts in the repair of the below described motor vehicle because of an emergency and thereby waives any claim or cause of action he may have against either
____________(repair person) or _______________(facility) as a result.
Motor vehicle description:
Customer signature ____________
Dated __________
Time ____________ ."
(5) This waiver shall not be effective unless given by the customer voluntarily and with the knowledge of the implications of the waiver. A motor vehicle repair facility or anyone in its employ, including a specialty or master mechanic or mechanic trainee shall not make use of the waiver of liability in an attempt to evade this act.
History: 1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976
Structure Michigan Compiled Laws
Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340)
Section 257.1301 - Short Title.
Section 257.1302 - Definitions; a to L.
Section 257.1302a - Definitions; M to W.
Section 257.1304 - Act Inapplicable to Certain Persons.
Section 257.1306 - Motor Vehicle Repair Facility; Registration Required.
Section 257.1307 - Prohibited Conduct.
Section 257.1307a - Prohibited Conduct.
Section 257.1307b - Prohibited Conduct.
Section 257.1307c - Prohibited Conduct.
Section 257.1307d - Prohibited Conduct.
Section 257.1307e - Prohibited Conduct.
Section 257.1307f - Prohibited Conduct.
Section 257.1308 - Administration of Act; Nonaffiliation With Facility.
Section 257.1309 - Powers and Duties of Administrator; Rules.
Section 257.1312 - Examination.
Section 257.1313 - Mechanic Trainee Permit; Duration; Supervision; Educational Institution.
Section 257.1314 - Registration Form; Contents.
Section 257.1317 - Inspection; "Reasonable Business Records" Defined.
Section 257.1321 - Cease and Desist Order.
Section 257.1323 - Action by Attorney General or County Prosecutor.
Section 257.1324 - Notice of Alleged Violation.
Section 257.1327 - Voluntary Assurance of Discontinuance of Alleged Violation.
Section 257.1328 - Oaths or Affirmations; Subpoena; Order Compelling Compliance; Contempt.
Section 257.1329 - Service of Process.
Section 257.1332a - Consumer Information Sign.
Section 257.1334 - Written Statement Required Upon Return of Repaired Vehicle.
Section 257.1336 - Liability for Damage or Injury.
Section 257.1338 - Violation; Penalty.