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ASA Signs Letter to CT DMV to Protect Fair Market

The Automotive Service Association has signed a letter, addressed to Connecticut Department of Motor Vehicles Commissioner Tony Guerrera, seeking clarification and offering guidance on interpreting Public Act. No. 23-40 New Section 24. This new regulation states:

"Section 24(b): During the course of performing repair work or changing the oil or tires and tubes of a motor vehicle, a repairer licensed in accordance with section 14-52 of the general statutes, as amended by this act, or a person, firm or corporation engaged in the business of changing the oil or tires and tubes of a motor vehicle, shall determine whether the motor vehicle being repaired or worked upon is subject to an open recall by checking information provided by the manufacturer of the motor vehicle or other known and readily available sources, such as the National Highway Traffic Safety Administration. If the motor vehicle is subject to one or more open recalls, the repairer, person, firm or corporation shall provide the owner of the motor vehicle with written notice of each such open recall at the time of such repair or work. The notice shall include a description of each open recall and a statement that a motor vehicle dealer approved by the manufacturer of the motor vehicle may repair or modify the motor vehicle at no cost to the owner, except as provided in 49 USC 30120, as amended from time to time."

Connecticut law explicitly distinguishes a "repairer" from a "dealer." However, the new rule doesn't explicitly include dealers in the list of entities now required to provide car owners written notice of any open recalls on the car receiving service. The letter asks Commissioner Guerrera to clarify if OEM dealerships are subject to the same open recall notification requirements to which independent repairers are subject. It also recommends that certain forms of digital communication, such as email and text, qualify as "written notice."

The letter can be found here: Automotive Aftermarket Letter to Commissioner Guerrera September 15 2023[85]