BILL NUMBER: AB 873 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2016
AMENDED IN ASSEMBLY APRIL 13, 2015
INTRODUCED BY Assembly Member Jones
FEBRUARY 26, 2015
An act to amend, repeal, and add Section 9880.1 of the Business
and Professions Code Code, relating
to automotive repair.
LEGISLATIVE COUNSEL'S DIGEST
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, 2018, 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."
This bill, commencing January 1, 2017,
2018, 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. 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."
This bill would provide that the regulations adopted by the
director, prior to January 1, 2017, 2018,
defining "minor services" continue in effect on and after
January 1, 2017. 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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
repairing tires, changing tires, lubricating vehicles, installing
light bulbs, batteries, except propulsive batteries,
windshield wiper blades and other minor accessories, cleaning,
adjusting, and replacing spark plugs, replacing fan belts, oil, and
air filters, 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 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 repairing tires, changing tires, lubricating
vehicles, installing light bulbs, batteries, except propulsive
batteries, windshield wiper blades, and other minor
accessories; cleaning, replacing fan belts, oil and air filters; 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.
(k) Prior to January 1, 2017, 2018,
the director shall adopt comprehensive regulations defining "minor
services" as used in this section.
(l) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2017, deletes or
extends that date. 2018.
SEC. 2. Section 9880.1 is added to the Business and Professions
Code, 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, minor services as
determined through regulations adopted by the director, and roadside
services.
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, who for salary or wage repairs motor
vehicles as set forth in subdivision (e).
(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) "Roadside services" means the services performed upon a motor
vehicle for the purpose of transporting the vehicle or to permit it
to be operated under its own power, by or on behalf of a motor club
holding a certificate of authority pursuant to Chapter 2 (commencing
with Section 12160) of Part 5 of Division 2 of the Insurance
Code. Code or by an operator of a tow truck, as
defined in Section 615 of the Vehicle Code, that is owned or operated
by a person or entity who possesses a valid motor carrier permit, as
described in Section 34620 of the Vehicle Code, and is enrolled in
the Basic Inspection of Terminals program, as described in Section
34501.12 of the Vehicle Code.
(k) "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.
(l) The regulations adopted by the director, prior to January 1,
2017, 2018, defining "minor services"
for the purposes of this section shall continue in effect on and
after January 1, 2017. 2018. The
director may, thereafter, amend or repeal those regulations, as he or
she deems necessary and consistent with this chapter.
(m) This section shall become operative January 1, 2017.
2018.