Bill Summary for H 567 (2015-2016)

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Summary date: 

Apr 6 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 567 (Public) Filed Thursday, April 2, 2015
Intro. by Saine, Hager.

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Bill summary

Amends GS Chapter 44A, Article 5, changing the Article catchline to Aircraft Labor and Storage (was, Aircraft Labor and Storage Liens). Adds new definitions for use in the Article, including aircraft repair shop, aircraft repair work, customer, employee, total amount authorized, and written repair estimate. Sets out a requirement that for any work that will exceed $350, the shop must prepare and provide a written repair estimate before commencing any aircraft repair work. Sets out requirements for the written repair estimate. Allows a customer to waive the written estimate requirement. Provides that if a written estimate is to be given, the amount of any charge for preparing it must be disclosed and requires written authorization to be obtained from the customer to prepare the written report.  Also requires the customer to be promptly notified as provided for in regards to charges exceeding the estimated amount or for reasons concerning the fact that the estimate was only for diagnostic work and that the diagnostic work has been completed. Sets out provisions requiring the expeditious reassembly of an aircraft if the customer cancels the order for aircraft repair or once diagnostic work is completed. Allows for certain charges by the shop in accordance with the work performed. Provides for the inspection of  aircraft parts that have been removed.

Requires that upon the completion of repair work, the shop must provide each customer with a legible copy of an invoice for the repairs that have been completed.  Sets out information that the invoice must include, such as a statement indicating what was done to correct any problem or a description of the service provided. Requires a sign to be posted in the shop in a conspicuous spot that  conveys the right to a written repair estimate and the right to inspect or return of parts. 

Sets out 14 prohibited acts and practices that are a violation of this Article, including charging more than 10% over the total amount authorized by a customer for aircraft repair work and causing or allowing a customer to sign any written repair estimate that does not state the type of aircraft repair work requested by the customer. 

Provides for civil remedies for violations of the provisions of this Article. Allows prevailing parties to be awarded damages plus court costs and reasonable attorneys' fees. Also allows actions for injunctive relief in the appropriate court. 

Amends GS 44A-55, Persons entitled to a lien on an aircraft, adding language that provides that any aircraft repair shop that violates any of the provisions of GS 44A-51 through GS 44A-51.5 cannot have a perfected lien on an aircraft owned by a customer injured as a result of the violation. 

Effective January 1, 2016, applying to aircraft repairs requested and performed on or after that date.