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,begin delete 2017,end deletebegin insert 2018,end insert defining “minor services” for these purposes.
This bill would, until January 1, 2018, include installation of propulsive batteries in the definition of “repair of motor vehicles.”
end insertThis bill, commencing January 1,begin delete 2017,end deletebegin insert
2018,end insert would recast the definition of “repair of motor vehicles,” to delete the listing of the various types of excluded minor services and also would exclude roadside services, as defined, 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.begin insert The bill, commencing January 1, 2018, would include the services performed by an operator of a tow truck owned or operated by a person or entity enrolled in the Basic Inspection of Terminals program, as specified, in the definition of “roadside services.”end insert
This bill would provide that the regulations adopted by the director, prior to January 1,begin delete 2017,end deletebegin insert
2018,end insert defining “minor services” continue in effect on and after January 1,begin delete 2017.end deletebegin insert 2018.end insert
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,
P3 1installing light bulbs, batteries,begin insert except propulsive batteries,end insert
2 windshield wiper blades and other minor accessories, cleaning,
3adjusting, and replacing spark plugs, replacing fan belts, oil, and
4air filters, and other minor services, which the director, by
5regulation, determines are customarily performed by gasoline
6service stations.
7No
service shall be designated as minor, for purposes of this
8section, if the director finds that performance of the service requires
9mechanical expertise, has given rise to a high incidence of fraud
10or deceptive practices, or involves a part of the vehicle essential
11to its safe operation.
12(f) “Person” includes firm, partnership, association, limited
13liability company, or corporation.
14(g) An “automotive technician” is an employee of an automotive
15repair dealer or is that dealer, if the employer or dealer repairs
16motor vehicles and who for salary or wage performs maintenance,
17diagnostics, repair, removal, or installation of any integral
18component parts of an engine, driveline, chassis, or body of any
19vehicle, but excluding repairing tires, changing tires, lubricating
20vehicles,
installing light bulbs, batteries,begin insert except propulsive
21batteries,end insert windshield wiper blades, and other minor accessories;
22cleaning, replacing fan belts, oil and air filters; and other minor
23services which the director, by regulation, determines are
24customarily performed by a gasoline service station.
25(h) “Director” means the Director of Consumer Affairs.
26(i) “Commercial business agreement” means an agreement,
27whether in writing or oral, entered into between a business or
28commercial enterprise and an automobile repair dealer, prior to
29the repair which is requested being made, which agreement
30contemplates a continuing business arrangement under which the
31automobile repair dealer is to repair
any vehicle covered by the
32agreement, but does not mean any warranty or extended service
33agreement normally given by an automobile repair facility to its
34customers.
35(j) “Customer” means the person presenting a motor vehicle for
36repair and authorizing the repairs to that motor vehicle. “Customer”
37shall not mean the automotive repair dealer providing the repair
38
services or an insurer involved in a claim that includes the motor
39vehicle being repaired or an employee or agent or a person acting
40on behalf of the dealer or insurer.
P4 1(k) Prior to January 1,begin delete 2017,end deletebegin insert 2018,end insert the director shall adopt
2comprehensive regulations defining “minor services” as used in
3this section.
4(l) This section shall remain in effect only until January 1,begin delete 2017,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2017, deletes or extends that date.end delete
7
begin insert
2018.end insert
Section 9880.1 is added to the Business and Professions
9Code, to read:
The following definitions apply for the purposes of
11this chapter:
12(a) “Automotive repair dealer” means a person who, for
13compensation, engages in the business of repairing or diagnosing
14malfunctions of motor vehicles.
15(b) “Chief” means the Chief of the Bureau of Automotive
16Repair.
17(c) “Bureau” means the Bureau of Automotive Repair.
18(d) “Motor vehicle” means a passenger vehicle required to be
19registered with the Department of Motor Vehicles and all
20motorcycles whether or not required to be registered by the
21Department of Motor Vehicles.
22(e) “Repair of motor vehicles” means all maintenance of and
23repairs to motor vehicles performed by an automotive repair dealer
24including automotive body repair work, but excluding those repairs
25made pursuant to a commercial business agreement, minor services
26as determined through regulations adopted by the director, and
27roadside services.
28No service shall be designated as minor, for purposes of this
29section, if the director finds that performance of the service requires
30mechanical
expertise, has given rise to a high incidence of fraud
31or deceptive practices, or involves a part of the vehicle essential
32to its safe operation.
33(f) “Person” includes firm, partnership, association, limited
34liability company, or corporation.
35(g) An “automotive technician” is an employee of an automotive
36repair dealer or is that dealer, who for salary or wage repairs motor
37vehicles as set forth in subdivision (e).
38(h) “Director” means the Director of Consumer Affairs.
39(i) “Commercial
business agreement” means an agreement,
40whether in writing or oral, entered into between a business or
P5 1commercial enterprise and an automobile repair dealer, prior to
2the repair which is requested being made, which agreement
3contemplates a continuing business arrangement under which the
4automobile repair dealer is to repair any vehicle covered by the
5agreement, but does not mean any warranty or extended service
6agreement normally given by an automobile repair facility to its
7customers.
8(j) “Roadside services” means the services performed upon a
9motor vehicle for the purpose of transporting the vehicle or to
10permit it to be operated under its own power, by or on behalf of a
11motor club holding a certificate of authority pursuant to Chapter
122 (commencing with Section 12160) of
Part 5 of Division 2 of the
13Insurancebegin delete Code.end deletebegin insert Code or by an operator of a tow truck, as defined
14in Section 615 of the Vehicle Code, that is owned or operated by
15a person or entity who possesses a valid motor carrier permit, as
16described in Section 34620 of the Vehicle Code, and is enrolled
17in the Basic Inspection of Terminals program, as described in
18Section 34501.12 of the Vehicle Code.end insert
19(k) “Customer” means the person presenting a motor vehicle
20for repair and authorizing the repairs to that motor vehicle.
21“Customer” shall not mean the automotive repair dealer providing
22the repair services or an insurer involved in a claim that includes
23the motor vehicle being repaired or an employee or agent or a
24person
acting on behalf of the dealer or insurer.
25(l) The regulations adopted by the director, prior to January 1,
26begin delete 2017,end deletebegin insert 2018,end insert defining “minor services” for the purposes of this
27section shall continue in effect on and after January 1,begin delete 2017.end deletebegin insert 2018.end insert
28 The director may, thereafter, amend or repeal those regulations,
29as he or she deems necessary and consistent with this chapter.
30(m) This section
shall become operative January 1,begin delete 2017.end deletebegin insert 2018.end insert
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