Hawaii Auto Repair Law

Educational summary only – not legal advice.

This document explains Hawaii’s motor vehicle repair laws in practical terms for consumers and repair shops. It is based primarily on Hawaii Revised Statutes (HRS) Chapter 437B and related regulations.

Key Legal Rules at a Glance

·       Written estimate required before work begins, unless waived in writing by the customer.

·       Over‑estimate limits without new approval:

o   Under $100 estimate → max 15% over

o   $100 or more estimate → max 10% over

·       Customer authorization required before exceeding estimate.

·       Replaced parts must be returned if requested at time of work order.

·       Invoices must itemize labor and parts.

·       Non‑OEM crash parts require written customer acknowledgment.

·       Failure to comply can void charges and trigger penalties.

What This Means for Consumers

Before Repairs Begin

·       You are legally entitled to a written estimate describing expected labor and parts costs.

·       A shop cannot start work unless:

o   You receive a written estimate, or

o   You sign a written waiver giving up the estimate.

During Repairs

·       If the shop discovers additional problems:

o   They must contact you before doing extra work if costs will exceed the estimate beyond legal limits.

o   They cannot surprise you with a large overcharge at pickup.

At Pickup

·       Your final bill:

o   Cannot exceed the estimate by more than 10% or 15% unless you approved the increase.

o   Must clearly list labor and parts separately.

Replaced Parts

·       If you asked for your old parts when the work order was written, the shop must return them.

·       If parts are under warranty and must go back to the manufacturer, the shop must show them to you upon request.

Your Rights if a Shop Breaks the Rules

·       You may:

o   Dispute or refuse payment of unlawful charges

o   File a complaint with the Hawaii Regulated Industries Complaints Office (RICO)

o   Pursue civil claims under consumer protection laws

What This Means for Repair Shops

Estimates & Authorization

·       You must provide a written estimate before starting work, unless the customer signs a waiver.

·       You may charge a reasonable fee for preparing an estimate.

·       You must stop and get approval if costs will exceed:

o   15% on estimates under $100

o   10% on estimates of $100 or more

Over‑Estimate Approvals

·       Approval can be oral or written, but must be obtained before additional work is performed.

·       Failing to obtain approval can make the excess charges legally uncollectible.

Invoices & Records

·       Every job must have an invoice showing:

o   Labor charges

o   Parts charges

o   Warranty work, if applicable

·       While the statute does not specify an exact retention period, regulators expect records to be kept at least 2 years.

Replaced Parts Compliance

·       You must return replaced parts only if the customer requested them at intake.

·       You do not have to automatically save parts unless requested.

Non‑OEM / Crash Parts

·       You may not install non‑OEM crash parts unless:

o   The estimate clearly discloses their use

o   The customer signs acknowledging acceptance

Enforcement & Risk

·       Violations of Chapter 437B can result in:

o   Criminal misdemeanor charges

o   License discipline

o   Consumer restitution

o   Loss of lien rights if unlicensed

Areas Where Hawaii Law Is Silent

State law does not specifically define: – A standardized authorization form – Exact record‑retention duration in statute – Specific dollar penalties for violations – Special garage‑lien timelines unique to auto repair

➡ In these areas, general contract law and consumer protection statutes apply.

Bottom Line

For consumers: Hawaii law is designed to prevent surprise bills and hidden work.

For shops: Compliance hinges on documentation, communication, and estimate control.

If you follow the estimate rules, authorization thresholds, and disclosure duties, you stay protected.