Senate Bill No. 202

Introduced by Senator Galgiani

February 7, 2013

An act to amend Section 9880.1 of the Business and Professions Code, relating to automotive repair.

LEGISLATIVE COUNSEL’S DIGEST

SB 202, as introduced, Galgiani. Automotive repair.

(1) Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. A violation of the act is a crime. Existing law provides for the registration and regulation of automotive repair dealers and makes it unlawful for any person to be an automotive repair dealer unless registered with the bureau. Existing law defines an automotive repair dealer and an automotive technician as persons who, among other things, repair motor vehicles. Existing law defines the repair of motor vehicles to mean all maintenance of and repairs to motor vehicles, as specified, and excludes from the definition, among other things, repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor services. Existing law defines an automotive technician as an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles, and who for salary or wage performs specified work on a motor vehicle, but excludes, among other things, repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories.

This bill would delete repairing and changing tires from those exclusion lists. The bill would additionally exclude tire services provided by or on behalf of a motor club holding a specified certificate of authority or an operator of a tow truck owned or operated by a person or entity possessing a valid motor carrier permit from the definitions of “repair of motor vehicles” and “automotive technician.” Because the failure of a person repairing and changing tires to register as an automotive repair dealer with the bureau would constitute a crime, the bill would impose a state-mandated program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 9880.1 of the Business and Professions
Code is amended to read:

9880.1.  

The following definitions apply for the purposes of
this chapter:

(a) “Automotive repair dealer” means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.

(b) “Chief” means the Chief of the Bureau of Automotive
Repair.

(c) “Bureau” means the Bureau of Automotive Repair.

(d) “Motor vehicle” means a passenger vehicle required to be
registered with the Department of Motor Vehicles and all
motorcycles whether or not required to be registered by the
Department of Motor Vehicles.

(e) “Repair of motor vehicles” means all maintenance of and
repairs to motor vehicles performed by an automotive repair dealer
including automotive body repair work, but excluding those repairs
made pursuant to a commercial business agreement and also
excluding begin delete repairing tires, changing tires, end delete lubricating vehicles,
installing light bulbs, batteries, windshield wiper blades begin insert , end insert and other
minor accessories, cleaning, adjusting, and replacing spark plugs,
replacing fan belts, oil, and air filters, begin insert providing tire services by
or on behalf of a motor club holding a certificate of authority
issued pursuant to Chapter 2 (commencing with Section 12160)
of Part 5 of Division 2 of the Insurance Code or by an operator
of a tow truck, as defined in Section 615 of the Vehicle Code,
owned or operated by a person or entity possessing a valid motor
carrier permit, as described in Section 34620 of the Vehicle Code, end insert
and other minor services, which the director, by regulation,
determines are customarily performed by gasoline service stations.

No service shall be designated as minor, for purposes of this
section, if the director finds that performance of the service requires
mechanical expertise, has given rise to a high incidence of fraud
or deceptive practices, or involves a part of the vehicle essential
to its safe operation.

(f) “Person” includes firm, partnership, association, limited
liability company, or corporation.

(g) An “automotive technician” is an employee of an automotive
repair dealer or is that dealer, if the employer or dealer repairs
motor vehicles begin insert , end insert and who for salary or wage performs maintenance,
diagnostics, repair, removal, or installation of any integral
component parts of an engine, driveline, chassis or body of any
vehicle, but excluding begin delete repairing tires, changing tires, end delete lubricating
vehicles, installing light bulbs, batteries, windshield wiper blades,
and other minor accessories; cleaning, replacing fan belts, oil and
air filters; begin insert providing tire services by or on behalf of a motor club
holding a certificate of authority issued pursuant to Chapter 2
(commencing with Section 12160) of Part 5 of Division 2 of the
Insurance Code or by an operator of a tow truck, as defined in
Section 615 of the Vehicle Code, owned or operated by a person
or entity possessing a valid motor carrier permit, as described in
Section 34620 of the Vehicle Code, end insert and other minor services which
the director, by regulation, determines are customarily performed
by a gasoline service station.

(h) “Director” means the Director of Consumer Affairs.

(i) “Commercial business agreement” means an agreement,
whether in writing or oral, entered into between a business or
commercial enterprise and an automobile repair dealer, prior to
the repair which is requested being made, which agreement
contemplates a continuing business arrangement under which the
automobile repair dealer is to repair any vehicle covered by the
agreement, but does not mean any warranty or extended service
agreement normally given by an automobile repair facility to its
customers.

(j) “Customer” means the person presenting a motor vehicle for
repair and authorizing the repairs to that motor vehicle. “Customer”
shall not mean the automotive repair dealer providing the repair
services or an insurer involved in a claim that includes the motor
vehicle being repaired or an employee or agent or a person acting
on behalf of the dealer or insurer.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.