AB 873, as amended, 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.
Thisbegin delete bill would,end deletebegin insert bill,end insert commencing January 1, 2017,begin insert wouldend insert recast the definition of “repair of motor vehicles,” to delete the listing of the various types of excluded minor servicesbegin insert and also would exclude roadside services, as definedend insert, 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 wouldbegin delete declareend deletebegin insert provideend insert that the regulations adopted by the director, prior to January 1, 2017, defining “minor services”begin delete shallend delete 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
P3 1or deceptive practices, or involves a part of the vehicle essential
2to its safe operation.
3(f) “Person” includes firm, partnership, association, limited
4liability company, or corporation.
5(g) An “automotive technician” is an employee of an automotive
6repair dealer or is that dealer, if the employer or dealer repairs
7motor vehicles and who for salary or wage performs maintenance,
8diagnostics, repair, removal, or installation of any integral
9component parts of an engine, driveline,begin delete chassisend deletebegin insert chassis,end insert or body
10of any vehicle, but excluding repairing tires, changing tires,
11lubricating vehicles, installing light bulbs, batteries, windshield
12wiper blades, and other minor accessories; cleaning, replacing fan
13belts, oil and air filters; and other minor services which the director,
14by regulation,
determines are customarily performed by a gasoline
15service station.
16(h) “Director” means the Director of Consumer Affairs.
17(i) “Commercial business agreement” means an agreement,
18whether in writing or oral, entered into between a business or
19commercial enterprise and an automobile repair dealer, prior to
20the repair which is requested being made, which agreement
21contemplates a continuing business arrangement under which the
22automobile repair dealer is to repair any vehicle covered by the
23agreement, but does not mean any warranty or extended service
24agreement normally given by an automobile repair facility to its
25customers.
26(j) “Customer” means the person presenting a motor vehicle for
27repair and authorizing the repairs to that motor vehicle. “Customer”
28shall not mean the automotive repair dealer providing the repair
29
services or an insurer involved in a claim that includes the motor
30vehicle being repaired or an employee or agent or a person acting
31on behalf of the dealer or insurer.
32(k) Prior to January 1, 2017, the director shall adopt
33comprehensive regulations defining “minor services” as used in
34this section.
35(l) This section shall remain in effect only until January 1, 2017,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2017, deletes or extends that date.
Section 9880.1 is added to the Business and Professions
39Code, to read:
The following definitions apply for the purposes of
2this chapter:
3(a) “Automotive repair dealer” means a person who, for
4compensation, engages in the business of repairing or diagnosing
5malfunctions of motor vehicles.
6(b) “Chief” means the Chief of the Bureau of Automotive
7Repair.
8(c) “Bureau” means the Bureau of Automotive Repair.
9(d) “Motor vehicle” means a passenger vehicle required to be
10registered with the Department of Motor Vehicles and all
11motorcycles whether or not required to be registered by the
12Department of Motor Vehicles.
13(e) “Repair of motor vehicles” means all maintenance of and
14repairs to motor vehicles performed by an automotive repair dealer
15including automotive body repair work, but excluding those repairs
16made pursuant to a commercial businessbegin delete agreement and also begin insert agreement,end insert minor services as determined through
17excludingend delete
18regulations adopted by thebegin delete director.end deletebegin insert
director, and roadside services.end insert
19No service shall be designated as minor, for purposes of this
20section, if the director finds that performance of the service requires
21mechanical expertise, has given rise to a high incidence of fraud
22or deceptive practices, or involves a part of the vehicle essential
23to its safe operation.
24(f) “Person” includes firm, partnership, association, limited
25liability company, or corporation.
26(g) An “automotive technician” is an employee of an automotive
27repair dealer or is that dealer, who for salary or wage repairs motor
28vehicles as set forth in subdivision (e).
29(h) “Director” means the Director of Consumer Affairs.
30(i) “Commercial business agreement” means an agreement,
31whether in writing or oral, entered into between a business or
32commercial enterprise and an automobile repair dealer, prior to
33the repair which is requested being made, which agreement
34contemplates a continuing business arrangement under which the
35automobile repair dealer is to repair any vehicle covered by the
36agreement, but does not mean any warranty or extended service
37agreement normally given by an automobile repair facility to its
38customers.
39(j) “Roadside services” means the services performed upon a
40motor vehicle for the purpose of transporting the vehicle or to
P5 1permit it to be
operated under its own power, by or on behalf of
2a motor club holding a certificate of authority pursuant to Chapter
32 (commencing with Section 12160) of Part 5 of Division 2 of the
4Insurance Code.
5(j)
end delete
6begin insert(k)end insert “Customer” means the person presenting a motor vehicle
7for repair and authorizing the repairs to that motor vehicle.
8“Customer” shall not mean the automotive repair dealer providing
9the repair services or an insurer involved in a claim that includes
10the motor vehicle being repaired or an employee or agent or a
11person acting on behalf of the dealer or insurer.
12(k)
end delete
13begin insert(l)end insert The regulations adopted by the director, prior to January 1,
142017, defining “minor services” for the purposes of this section
15shall continue in effect on and after January 1, 2017. The director
16may, thereafter, amend or repeal those regulations, as he or she
17deems necessary and consistent with this chapter.
18(l)
end delete19begin insert(m)end insert This section shall become operative January 1, 2017.
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