Amended in Senate August 19, 2016

Amended in Senate May 25, 2016

Amended in Senate April 20, 2016

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 873


Introduced by Assembly Member Jones

(Coauthor: Assembly Member Waldron)

February 26, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 873, as amended, Jones. Automotive repair.

Existing law, the Automotive Repair Act, the violation of which is a crime, 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, repair 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, 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, 2018, would recast the definition of “repair of motor vehicles” to delete the listing of the various types of excluded minor services and to specify that minor services do not include the changing of propulsive batteries, and also would exclude roadside services, as defined. The bill 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, 2018, defining “minor services” continue in effect on and after January 1, 2018.

Because the failure of a person installing propulsive batteries to register as a repair dealer or technician with the bureau would constitute a crime, the bill would impose a state-mandated local program.

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.

begin insert

The bill would make the operation of its provisions contingent upon the enactment of SB 778 of the 2015-16 Regular Session.

end insert

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

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

P2    1

SECTION 1.  

Section 9880.1 of the Business and Professions
2Code
is amended to read:

P3    1

9880.1.  

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 business agreement and also
17excluding repairing tires, changing tires, lubricating vehicles,
18installing light bulbs, batteries, except propulsive batteries,
19windshield wiper blades and other minor accessories, cleaning,
20adjusting, and replacing spark plugs, replacing fan belts, oil, and
21air filters, and other minor services, which the director, by
22regulation, determines are customarily performed by gasoline
23service stations.

24No service shall be designated as minor, for purposes of this
25section, if the director finds that performance of the service requires
26mechanical expertise, has given rise to a high incidence of fraud
27or deceptive practices, or involves a part of the vehicle essential
28to its safe operation.

29(f) “Person” includes firm, partnership, association, limited
30liability company, or corporation.

31(g) An “automotive technician” is an employee of an automotive
32repair dealer or is that dealer, if the employer or dealer repairs
33motor vehicles and who for salary or wage performs maintenance,
34diagnostics, repair, removal, or installation of any integral
35component parts of an engine, driveline, chassis, or body of any
36vehicle, but excluding repairing tires, changing tires, lubricating
37vehicles, installing light bulbs, batteries, except propulsive
38batteries, windshield wiper blades, and other minor accessories;
39cleaning, replacing fan belts, oil and air filters; and other minor
P4    1services which the director, by regulation, determines are
2customarily performed by a gasoline service station.

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

4(i) “Commercial business agreement” means an agreement,
5whether in writing or oral, entered into between a business or
6commercial enterprise and an automobile repair dealer, prior to
7the repair which is requested being made, which agreement
8contemplates a continuing business arrangement under which the
9automobile repair dealer is to repair any vehicle covered by the
10agreement, but does not mean any warranty or extended service
11agreement normally given by an automobile repair facility to its
12customers.

13(j) “Customer” means the person presenting a motor vehicle for
14repair and authorizing the repairs to that motor vehicle. “Customer”
15shall not mean the automotive repair dealer providing the repair
16 services or an insurer involved in a claim that includes the motor
17vehicle being repaired or an employee or agent or a person acting
18on behalf of the dealer or insurer.

19(k) Prior to January 1, 2018, the director shall adopt
20comprehensive regulations defining “minor services” as used in
21this section.

22(l) This section shall remain in effect only until January 1, 2018.

23

SEC. 2.  

Section 9880.1 is added to the Business and Professions
24Code
, to read:

25

9880.1.  

The following definitions apply for the purposes of
26this chapter:

27(a) “Automotive repair dealer” means a person who, for
28compensation, engages in the business of repairing or diagnosing
29malfunctions of motor vehicles.

30(b) “Chief” means the Chief of the Bureau of Automotive
31Repair.

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

33(d) “Motor vehicle” means a passenger vehicle required to be
34registered with the Department of Motor Vehicles and all
35motorcycles whether or not required to be registered by the
36Department of Motor Vehicles.

37(e) (1) “Repair of motor vehicles” means all maintenance of
38and repairs to motor vehicles performed by an automotive repair
39dealer including automotive body repair work, but excluding those
40repairs made pursuant to a commercial business agreement, minor
P5    1services as determined through regulations adopted by the director,
2and roadside services.

3(2) No service shall be designated as minor, for purposes of this
4section, if the director finds that performance of the service requires
5mechanical expertise, has given rise to a high incidence of fraud
6or deceptive practices, or involves a part of the vehicle essential
7to its safe operation. Minor services shall not include the changing
8of propulsive batteries.

9(f) “Person” includes firm, partnership, association, limited
10liability company, or corporation.

11(g) An “automotive technician” is an employee of an automotive
12repair dealer or is that dealer, who for salary or wage repairs motor
13vehicles as set forth in subdivision (e).

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) “Roadside services” means the services performed upon a
25motor vehicle for the purpose of transporting the vehicle or to
26permit it to be operated under its own power, by or on behalf of a
27motor club holding a certificate of authority pursuant to Chapter
282 (commencing with Section 12160) of Part 5 of Division 2 of the
29Insurance Code or by an operator of a tow truck, as defined in
30Section 615 of the Vehicle Code, that is owned or operated by a
31person or entity who possesses a valid motor carrier permit, as
32described in Section 34620 of the Vehicle Code, and is enrolled
33in the Basic Inspection of Terminals program, as described in
34Section 34501.12 of the Vehicle Code.

35(k) “Customer” means the person presenting a motor vehicle
36for repair and authorizing the repairs to that motor vehicle.
37“Customer” shall not mean the automotive repair dealer providing
38the repair services or an insurer involved in a claim that includes
39the motor vehicle being repaired or an employee or agent or a
40person acting on behalf of the dealer or insurer.

P6    1(l) The regulations adopted by the director, prior to January 1,
22018, defining “minor services” for the purposes of this section
3shall continue in effect on and after January 1, 2018. The director
4may, thereafter, amend or repeal those regulations, as he or she
5deems necessary and consistent with this chapter.

6(m) This section shall become operative January 1, 2018.

7

SEC. 3.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.

16begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act shall become operative only if Senate Bill 778
17of the 2015-16 Regular Session, relating to professions and
18vocations, is enacted and becomes effective on or before January
191, 2017.

end insert


O

    95