230-RICR-30-05-1. Automobile Body Shop Storage Rates (version Amendment, 02/25/2009 to 09/24/2009)

State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Commercial Licensing 1511 Pontiac Avenue, Bldg. 69-1 Cranston, Rhode Island 02920 Commercial Licensing Regulation 3 –Automobile Body Shop Storage Rate (Adopted on an Emergency Basis Pursuant to R.I. Gen. Laws § 4-35-3(b) on February 25, 2009) Table of Contents Section 1 Maximum Vehicle Storage Charges Section 2 Definitions Section 3 Insurance Representative Section 4 Stolen Vehicles Section 5 Application Section 1 Maximum Vehicle Storage Charges The maximum rate for vehicle storage charged by auto body shops shall be as follows: A B Inside Storage Vehicles less than 20 ft. $18.00 per day $30.00 per day Vehicles 20 ft. to 31 ft. $22.00 per day $40.00 per day Vehicles 32 ft. or more $25.00 per day $50.00 per day Outside Secured Vehicles less than 20 ft. $15.00 per day $24.00 per day Vehicles 20 ft. to 31 ft. $18.00 per day $30.00 per day Vehicles 32 ft. or more $20.00 per day $36.00 per day Outside Not Secured Vehicles less than 20 ft. $12.00 per day $20.00 per day Vehicles 20 ft. to 31 ft. $15.00 per day $24.00 per day Vehicles 32 ft. or more $18.00 per day $30.00 per day Rates (A) will be in effect for the first seven (7) business days and Rates (B) thereafter (other than for stolen vehicles - see Section 4). If vehicle is repaired by shop, no storage will be charged. Section 2 Definitions “Inside Storage” shall mean containment of the vehicle in a secure building, which shall be locked when the premises are unoccupied. “Outside Secured Storage” shall mean storage on a licensed auto body shop's property in an area secured by a (six) 6 foot high fence, wall or other man-made barrier, lighted at night with an alarm system or a similar security system. “Outside Not Secured Storage” shall mean storage on a licensed auto body shop's property other than in an outside secured or inside storage area. The auto body shop shall use the least expensive suitable means of storage. A “day” is defined as any calendar day in which the vehicle is on the auto body property for more than twelve (12) hours. Section 3 Insurance Representatives Insurance representatives shall be allowed to inspect any vehicles at any time for photographs and vehicle identification number checks. Insurance representatives must be allowed, with or without appointment, to make an appraisal inspection of any vehicle as soon as practically possible but, in any event, not more than three (3) days following the insurance representative's written or oral request to inspect. Storage fees may not be charged for more than three (3) days, if a vehicle is not made available for inspection within three (3) days of a request to inspect. Storage may not be charged for any calendar day occurring between the day the insurance representative seeks access to the vehicle to make an appraisal inspection, and the day the auto body shop permits the insurance representative to enter and conduct the appraisal inspection. (viz: if the insurance representative seeks on Monday an appointment and is not permitted on the premises to make an appraisal until Wednesday, the auto body shop may not charge storage for Tuesday. If the insurance representative is unavailable before the Wednesday, then Tuesday's storage may be charged.) Section 4 Stolen Vehicles Until the body shop actually notifies the owner or insurance carrier of its custody of a vehicle, which may be proven by use of registered mail, and for the first seven (7) business days thereafter, (A) rates will be charged. After the first seven (7) days of storage after written notification to the owner or insurance carrier, (B) rates may be charged. 2 Section 5 Application Storage fees may be disallowed when the body shop has not made reasonable efforts to promptly contact the owner or insurance carrier of a stored vehicle. These Regulations are to be followed, enforced and interpreted with a view to maximize the convenience and minimize the cost to the motorist whose car is under repair. Emergency Regulation Effective: February 25, 2009 3