AB 873, as introduced, Jones. Automotive repair.
Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. Existing law regulates the business of automotive repair 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, repairs motor vehicles.
Existing law defines the “repair of motor vehicles” to mean all maintenance of, and repairs to, motor vehicles, except repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor services.
Existing law defines “automotive technician” as a dealer, or a person employed by a dealer, who performs maintenance, diagnostics, repair, removal or installation of specified integral automotive components, but excluding minor services, as set forth above.
This bill would require the director to adopt regulations prior to January 1, 2017, defining “minor services” for these purposes.
This bill would, commencing January 1, 2017, recast the definition of “repair of motor vehicles,” to delete the listing of the various types of excluded minor services, and would similarly recast the definition of “automotive technician,” to delete these references and to delete provisions describing the specific work to be performed by an automotive technician.
This bill would declare that the regulations adopted by the director, prior to January 1, 2017, defining “minor services” shall continue in effect on and after January 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 9880.1 of the Business and Professions
2Code is amended to read:
The following definitions apply for the purposes of
4this chapter:
5(a) “Automotive repair dealer” means a person who, for
6compensation, engages in the business of repairing or diagnosing
7malfunctions of motor vehicles.
8(b) “Chief” means the Chief of the Bureau of Automotive
9Repair.
10(c) “Bureau” means the Bureau of Automotive Repair.
11(d) “Motor vehicle” means a passenger vehicle required to be
12registered with the Department of Motor Vehicles and all
13motorcycles whether or not required to be registered by the
14Department of Motor Vehicles.
15(e) “Repair of motor vehicles” means all maintenance of and
16repairs to motor vehicles performed by an automotive repair dealer
17including automotive body repair work, but excluding those repairs
18made pursuant to a commercial business agreement and also
19excluding repairing tires, changing tires, lubricating vehicles,
20installing light bulbs, batteries, windshield wiper blades and other
21minor accessories, cleaning, adjusting, and replacing spark plugs,
22replacing fan belts, oil, and air filters, and other minor services,
23which the director, by regulation, determines are customarily
24performed by gasoline service stations.
25No service shall be designated as minor, for purposes of this
26section, if the director finds that performance of the service requires
27mechanical expertise, has given rise to a high incidence of fraud
28or deceptive practices, or involves a part of the vehicle essential
29to its safe operation.
P3 1(f) “Person” includes firm, partnership, association, limited
2liability company, or corporation.
3(g) An “automotive technician” is an employee of an automotive
4repair dealer or is that dealer, if the employer or dealer repairs
5motor vehicles and who for salary or wage performs maintenance,
6diagnostics, repair, removal, or installation of any integral
7component parts of an engine, driveline, chassis or body of any
8vehicle, but excluding repairing tires, changing tires, lubricating
9vehicles, installing light bulbs, batteries, windshield wiper blades,
10and other minor accessories; cleaning, replacing fan belts, oil and
11air filters; and other minor services which the director, by
12regulation, determines are customarily performed by a gasoline
13service station.
14(h) “Director” means the Director of Consumer Affairs.
15(i) “Commercial business agreement” means an agreement,
16whether in writing or oral, entered into between a business or
17commercial enterprise and an automobile repair dealer, prior to
18the repair which is requested being made, which agreement
19contemplates a continuing business arrangement under which the
20automobile repair dealer is to repair any vehicle covered by the
21agreement, but does not mean any warranty or extended service
22agreement normally given by an automobile repair facility to its
23customers.
24(j) “Customer” means the person presenting a motor vehicle for
25repair and authorizing the repairs to that motor vehicle. “Customer”
26shall not mean the automotive repair dealer providing the repair
27services or an insurer involved in a claim that includes the motor
28vehicle being repaired or an employee or agent or a person acting
29on behalf of the dealer or insurer.
30(k) Prior to January 1, 2017, the director shall adopt
31comprehensive regulations defining “minor services” as used in
32this section.
33(l) This section shall remain in effect only until January 1, 2017,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2017, deletes or extends that date.
Section 9880.1 is added to the Business and Professions
37Code, to read:
The following definitions apply for the purposes of
39this chapter:
P4 1(a) “Automotive repair dealer” means a person who, for
2compensation, engages in the business of repairing or diagnosing
3malfunctions of motor vehicles.
4(b) “Chief” means the Chief of the Bureau of Automotive
5Repair.
6(c) “Bureau” means the Bureau of Automotive Repair.
7(d) “Motor vehicle” means a passenger vehicle required to be
8registered with the Department of Motor Vehicles and all
9motorcycles whether or not required to be registered by the
10Department of Motor Vehicles.
11(e) “Repair of motor vehicles” means all maintenance of and
12repairs to motor vehicles performed by an automotive repair dealer
13including automotive body repair work, but excluding those repairs
14made pursuant to a commercial business agreement and also
15excluding minor services as determined through regulations
16adopted by the director.
17No service shall be designated as minor, for purposes of this
18section, if the director finds that performance of the service requires
19mechanical expertise, has given rise to a high incidence of fraud
20or deceptive practices, or involves a part of the vehicle essential
21to its safe operation.
22(f) “Person” includes firm, partnership, association, limited
23liability company, or corporation.
24(g) An “automotive technician” is an employee of an automotive
25repair dealer or is that dealer, who for salary or wage repairs motor
26vehicles as set forth in subdivision (e).
27(h) “Director” means the Director of Consumer Affairs.
28(i) “Commercial business agreement” means an agreement,
29whether in writing or oral, entered into between a business or
30commercial enterprise and an automobile repair dealer, prior to
31the repair which is requested being made, which agreement
32contemplates a continuing business arrangement under which the
33
automobile repair dealer is to repair any vehicle covered by the
34agreement, but does not mean any warranty or extended service
35agreement normally given by an automobile repair facility to its
36customers.
37(j) “Customer” means the person presenting a motor vehicle for
38repair and authorizing the repairs to that motor vehicle. “Customer”
39shall not mean the automotive repair dealer providing the repair
40services or an insurer involved in a claim that includes the motor
P5 1vehicle being repaired or an employee or agent or a person acting
2on behalf of the dealer or insurer.
3(k) The regulations adopted by the director, prior to January 1,
42017, defining “minor services” for the purposes of this section
5shall continue in effect on and after January 1, 2017. The
director
6may, thereafter, amend or repeal those regulations, as he or she
7deems necessary and consistent with this chapter.
8(l) This section shall become operative January 1, 2017.
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