Amended in Assembly June 23, 2016

Amended in Assembly June 9, 2016

Amended in Senate January 4, 2016

Amended in Senate April 20, 2015

Amended in Senate April 6, 2015

Senate BillNo. 778


Introduced by Senator Allen

February 27, 2015


An act to amendbegin delete Section 9880.1end deletebegin insert Sections 9880 9880.1, and 9886.3end insert of, and to addbegin insert Article 3.5 (commencing with Section 9884.23) andend insert Article 12 (commencing with Section 9890) to Chapter 20.3 of Division 3 of, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 778, as amended, Allen. Automotive repair: oil changes: notification to customers.

Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotivebegin delete Repair,end deletebegin insert Repair (bureau),end insert which is under the supervision and control of the Director of Consumerbegin delete Affairs.end deletebegin insert Affairs (director).end insert Existing law requires repair dealers to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law defines terms for purposes of these provisions. Existing law makes a violation of that act, except as specified, punishable as a misdemeanor.

This bill wouldbegin insert recast these provisions as the Automotive Repair and Maintenance Act and would provide for the registration and regulation of automotive maintenance providers, as defined, in a manner similar to the provisions regarding automotive repair dealers. The bill would establish fee requirements as well as procedures to be implemented by the director for granting, suspending, or revoking the registration of an automotive maintenance provider. The bill would require an automotive maintenance provider to provide a customer with a detailed written invoice for work performed and to maintain records specified by regulations adopted under these provisions. The bill would require the bureau to design and approve a sign to be placed in each automotive provider location containing information for contacting the bureau if the customer has questions about the service provided. The bill wouldend insert require an automotive repair dealerbegin insert or an automotive maintenance providerend insert performing oil change services to use the manufacturer’s published oil drain schedule, except as specified, when recommending an oil change to a customer. The bill would require that an automotive repair dealerbegin insert or automotive maintenance providerend insert include a written explanation for any recommendation for oil change at an interval other than the interval recommended by the manufacturer, and to include a specified notice to the customer with regard to the manufacturer’s published oil change recommendations. The bill would permit a customer to choose any oil drain interval that he or she chooses and have that interval reflected in any future recommendations by the automotive repairbegin delete dealer. The bill would expand the definition of “repair of motor vehicles” to include lubricating vehicles and replacing oil filters and would specify that a person who performs these services is an “automotive technician.”end deletebegin insert dealer or automotive maintenance provider.end insert The bill wouldbegin delete also define otherend deletebegin insert define variousend insert terms for purposes of these provisions. The bill would expand the definition of an existing crime bybegin delete placing new requirements on automotive repair dealers,end deletebegin insert including automotive maintenance providers within these provisions,end insert thereby imposing 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.

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

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

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Used automotive oil is one of the largest sources of
4hazardous waste generated in California. While California has a
5robust recycling program in place, about 40 percent of automotive
6oil can never be collected for recycling because it is lost in use,
7either burned in the combustion chamber or dripped onto streets
8and parking lots. Of the oil that is collected, only a small percentage
9is actually rerefined into new automotive oil.

10(b) Oil quality and engine technology have evolved significantly
11in recent years. New motor oil formulations reduce repairs, prolong
12engine life, improve fuel economy, and enable significantly longer
13oil change intervals than outdated 3,000-mile-oil-change marketing
14campaigns.

15(c) Most automakers currently specify oil change intervals at
16either 7,500 or 10,000begin delete miles,end deletebegin insert miles for late model vehicles operated
17under normal conditions,end insert
with intervals as high as 15,000 miles
18in some cars. Motor oils that meet currentbegin insert industry standards, such
19as those specified by theend insert
American Petroleum Institute (API)begin insert orend insert
20 standardsbegin insert specified by the manufacturer,end insert will have the capability
21to meet current automaker oil change interval recommendations.

begin insert

22
(d) Vehicle manufacturers may specify shorter oil change
23intervals for older vehicles or vehicles operated under severe
24conditions, including, but not limited to, extreme hot or cold
25temperatures, extensive idling in stop-and-go traffic, frequent short
26trips, hauling heavy loads, and towing.

end insert
begin delete

8 27(d)

end delete

28begin insert(e)end insert Changing oil more often than what is specifiedbegin delete by the
29automaker in the vehicle’s owner’s manualend delete
begin insert in the vehicle
30manufacturer’s published maintenance scheduleend insert
wastes oil and
31money and compounds the environmental impact, especially to
32water.

begin delete

11 33(e)

end delete

34begin insert(f)end insert It is the intent of the Legislature to ensure that the oil drain
35interval recommended by an automotive repair dealerbegin insert or an
36automotive maintenance providerend insert
be in accordance with thebegin insert vehicle
37manufacturer’s publishedend insert
maintenance schedulebegin delete of the vehicle’s
38owner’s manual and with the recommended oil grade and viscosityend delete

P4    1 in order to prevent deceiving or misleading consumers with
2unnecessary and costly oil changes.

begin delete

17 3(f)

end delete

4begin insert(g)end insert It is further the intent of the Legislature to source-reduce
5the amount of used automotive oil that is generated in California
6in order to reduce our dependence on petroleum products, avoid
7damage to the environment and threats to public health, and be
8consistent with the state’s hierarchy for waste management
9practices pursuant to Section 40051 of the Public Resources Code.

10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 9880 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
11amended to read:end insert

12

9880.  

This chapter constitutes the chapter on automotive repair
13begin delete dealers.end deletebegin insert dealers and automotive maintenance providers.end insert It may be
14cited as the Automotive Repairbegin insert and Maintenanceend insert Act.

15

begin deleteSEC. 2.end delete
16
begin insertSEC. 3.end insert  

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

18

9880.1.  

The following definitions apply for the purposes of
19this chapter:

20(a) “Automotive repair dealer” means a person who, for
21compensation, engages in the business of repairing or diagnosing
22malfunctions of motor vehicles.

23(b) “Chief” means the Chief of the Bureau of Automotive
24Repair.

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

26(d) “Motor vehicle” means a passenger vehicle required to be
27registered with the Department of Motor Vehicles and all
28motorcycles whether or not required to be registered by the
29Department of Motor Vehicles.

30(e) “Repair of motor vehicles” means all maintenance of and
31repairs to motor vehicles performed by an automotive repair dealer
32including automotive body repair work, but excluding those repairs
33made pursuant to a commercial business agreement and also
34excluding repairing tires, changing tires,begin insert lubricating vehicles,end insert
35 installing light bulbs, batteries, windshield wiper blades and other
36minor accessories, cleaning, adjusting, and replacing spark plugs,
37replacing fan belts,begin insert oil, andend insert air filters, and other minor services,
38which the director, by regulation, determines are customarily
39performed by gasoline service stations.

P5    1No service shall be designated as minor, for purposes of this
2section, if the director finds that performance of the service requires
3mechanical expertise, has given rise to a high incidence of fraud
4or deceptive practices, or involves a part of the vehicle essential
5to its safe operation.

6(f) “Person” includes firm, partnership, association, limited
7liability company, or corporation.

8(g) An “automotive technician” is an employee of an automotive
9repair dealer or is that dealer, if the employer or dealer repairs
10motor vehicles and who for salary or wage performs maintenance,
11diagnostics, repair, removal, or installation of any integral
12component parts of an engine, driveline, chassis or body of any
13vehicle, but excluding repairing tires, changing tires,begin insert lubricating
14vehicles,end insert
installing light bulbs, batteries, windshield wiper blades,
15and other minor accessories; cleaning, replacing fan belts, air
16filters; and other minor services which the director, by regulation,
17determines are customarily performed by a gasoline service station.

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

19(i) “Commercial business agreement” means an agreement,
20whether in writing or oral, entered into between a business or
21commercial enterprise and an automobile repair dealer, prior to
22the repair which is requested being made, which agreement
23contemplates a continuing business arrangement under which the
24automobile repair dealer is to repair any vehicle covered by the
25agreement, but does not mean any warranty or extended service
26agreement normally given by an automobile repair facility to its
27customers.

28(j) “Customer” means the person presenting a motor vehicle for
29repair and authorizing the repairs to that motor vehicle. “Customer”
30shall not mean the automotive repair dealer providing the repair
31services or an insurer involved in a claim that includes the motor
32vehicle being repaired or an employee or agent or a person acting
33on behalf of the dealer or insurer.

begin insert

34
(k) “Automotive maintenance provider” means a person who,
35for compensation, engages in the business of the preventative
36automotive maintenance services associated with fluid and filter
37changes, fluid treatments, and belt and windshield wiper blade
38replacement.

end insert
P6    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertArticle 3.5 (commencing with Section 9884.23) is added
2to Chapter 20.3 of Division 3 of the end insert
begin insertBusiness and Professions
3Code
end insert
begin insert, to read:end insert

begin insert

4 

5Article begin insert3.5.end insert  Automotive Maintenance Provider Registration
6

 

7

begin insert9884.23.end insert  

(a) An automotive maintenance provider shall pay
8the fee required by this chapter for each place of business operated
9by the provider in this state and shall register with the director
10upon forms prescribed by the director. The forms shall contain
11sufficient information to identify the automotive maintenance
12provider, including name, address of each location, a statement
13by the provider that each location is in an area that, pursuant to
14local zoning ordinances, permits the operation of a facility for the
15maintenance of motor vehicles, the provider’s retail seller’s permit
16number, if a permit is required under the Sales and Use Tax Law
17(Part 1 (commencing with Section 6001) of Division 2 of the
18Revenue and Taxation Code), and other identifying data that are
19prescribed by the director. If the business is to be carried on under
20a fictitious name, the fictitious name shall be stated. To the extent
21prescribed by the director, an automotive maintenance provider
22shall identify the owners, directors, officers, partners, members,
23trustees, managers, and any other persons who directly or
24indirectly control or conduct the business. The forms shall include
25a statement signed by the provider under penalty of perjury that
26the information provided is true.

27
(b) A state agency is not authorized or required by this section
28to enforce a city, county, regional, air pollution control district,
29or air quality management district rule or regulation regarding
30the site or operation of a facility that provides maintenance to
31motor vehicles.

32

begin insert9884.24.end insert  

A business maintaining more than one automotive
33maintenance facility shall be permitted to file a single application
34annually that, along with the other information required by this
35chapter, clearly indicates the location of, and the individual in
36charge of, each facility. In that case, fees shall be paid for each
37location.

38

begin insert9884.25.end insert  

Upon receipt of the properly completed form and the
39required fee, the director shall issue the registration and send a
40proof of issuance to the automotive maintenance provider. The
P7    1director shall by regulation prescribe conditions that he or she
2determines are necessary to ensure future compliance with the
3parts of this chapter specific to automotive maintenance providers,
4pursuant to which a person whose registration has previously been
5revoked or denied or who has committed acts prohibited by Section
69884.30 while an automotive maintenance provider or automotive
7technician, or while an employee, partner, officer, or member of
8an automotive maintenance provider, may have his or her
9registration issued.

10

begin insert9884.26.end insert  

Every automotive maintenance provider registration
11shall cease to be valid one year from the last day of the month in
12which registration was issued unless the automotive maintenance
13provider has paid the renewal fee required by this chapter.

14

begin insert9884.27.end insert  

An automotive maintenance provider registration
15shall cease to be valid when the director finds that any of the
16information provided by the form specified in Section 9884.23 for
17automotive maintenance providers, which the director by
18regulation deems material, ceases to be current.

19

begin insert9884.28.end insert  

An automotive maintenance provider registration
20that is not renewed within three years following its expiration shall
21not be renewed, restored, or reinstated thereafter, and the
22delinquent registration shall be canceled immediately upon
23expiration of the three-year period.

24
An automotive maintenance provider whose registration has
25been canceled by operation of this section shall obtain a new
26registration only if he or she again meets the requirements set
27forth in this chapter relating to registration, is not subject to denial
28under Section 480, and pays the applicable fees.

29
An expired registration may be renewed at any time within three
30years after its expiration upon the filing of an application for
31renewal on a form prescribed by the bureau and the payment of
32all accrued renewal and delinquency fees. Renewal under this
33section shall be effective on the date on which the application is
34filed and all renewal and delinquency fees are paid. If so renewed,
35the registration shall continue in effect through the expiration date
36of the current registration year as provided in Section 9884.26, at
37which time the registration shall be subject to renewal.

38

begin insert9884.29.end insert  

It is unlawful for any person to be an automotive
39maintenance provider unless that person has registered in
P8    1accordance with this chapter and unless that registration is
2currently valid.

3

begin insert9884.30.end insert  

(a) The director, where the automotive maintenance
4provider cannot show there was a bona fide error, may deny,
5suspend, revoke, or place on probation the registration of an
6automotive maintenance provider for any of the following acts or
7omissions related to the conduct of the business of the automotive
8maintenance provider that are performed by the automotive
9maintenance provider or any automotive technician, employee,
10partner, officer, or member of the automotive maintenance
11provider.

12
(1) Making or authorizing in any manner or by any means
13whatever any statement written or oral which is untrue or
14misleading and which is known, or which by the exercise of
15reasonable care should be known, to be untrue or misleading.

16
(2) Any other conduct that constitutes fraud.

17
(3) Conduct constituting gross negligence.

18
(4) Failure in any material respect to comply with the provisions
19of this chapter specific to automotive maintenance providers or
20regulations adopted pursuant to it.

21
(5) Any willful departure from or disregard of accepted trade
22standards for automotive maintenance in any material respect.

23
(6) Making false promises of a character likely to influence,
24persuade, or induce a customer to authorize the maintenance of
25automobiles.

26
(7) Upon denying a registration, the director shall notify the
27applicant thereof, in writing, by personal service or mail addressed
28to the address of the applicant set forth in the application, and the
29applicant shall be given a hearing under Section 9884.33 if, within
3030 days thereafter, he or she files with the bureau a written request
31for a hearing; otherwise the denial is deemed affirmed.

32
(b) Except as provided for in subdivision (c), if an automotive
33maintenance provider operates more than one place of business
34in this state, the director pursuant to subdivision (a) shall only
35suspend, revoke, or place on probation the registration of the
36specific place of business which has violated any of the provisions
37of this chapter. This violation, or action by the director, shall not
38affect in any manner the right of the automotive maintenance
39provider to operate his or her other places of business.

P9    1
(c) Notwithstanding subdivision (b), the director may suspend,
2revoke, or place on probation the registration for all places of
3business operated in this state by an automotive maintenance
4provider upon a finding that the provider has, or is, engaged in a
5course of repeated and willful violations of this chapter specific
6to automotive maintenance providers or regulations adopted
7pursuant to it.

8

begin insert9884.31.end insert  

All work done by an automotive maintenance provider
9shall be recorded on an invoice and shall describe all service work
10done and parts supplied. Service work and parts shall be listed
11separately on the invoice, which shall also state separately the
12subtotal prices for service work and for parts, not including sales
13tax, and shall state separately the sales tax, if any, applicable to
14each. One copy of the invoice shall be given to the customer and
15one copy shall be retained either in hard copy or digitally by the
16automotive maintenance provider.

17

begin insert9884.32.end insert  

Each automotive maintenance provider shall maintain
18any records that are required by regulations adopted to carry out
19the parts of this chapter specific to automotive maintenance
20providers. Those records shall be open for reasonable inspection
21by the chief or other law enforcement officials. All of those records
22shall be maintained for at least three years.

23

begin insert9884.33.end insert  

All proceedings to deny, suspend, revoke, or place
24on probation a registration of an automotive maintenance provider
25shall be conducted pursuant to Chapter 5 (commencing with
26Section 11500) of Part 1 of Division 3 of Title 2 of the Government
27Code.

28

begin insert9884.34.end insert  

The expiration of a valid registration shall not prevent
29the director or chief of jurisdiction from proceeding with any
30investigation or disciplinary proceeding against an automotive
31maintenance provider or rendering a decision invalidating a
32registration temporarily or permanently.

33

begin insert9884.35.end insert  

The superior court in and for the county wherein any
34person carries on, or attempts to carry on, a business as an
35automotive maintenance provider or as an automotive technician
36in violation of the provisions of this chapter specific to automotive
37maintenance providers or any regulation made pursuant to this
38chapter shall, on application of the director or the chief, issue an
39injunction or other appropriate order restraining such conduct.
P10   1This section shall be cumulative to and shall not prohibit the
2enforcement of any other law.

3
The proceedings under this section shall be governed by Chapter
43 (commencing with Section 525) of Title 7 of Part 2 of the Code
5of Civil Procedure, except that the director or chief shall not be
6required to allege facts necessary to show or tending to show lack
7of an adequate remedy at law or irreparable injury.

8

begin insert9884.36.end insert  

The director may file charges with the district attorney
9or city attorney against any automotive maintenance provider who
10violates the provisions of this chapter specific to automotive
11maintenance providers or any regulation made pursuant to the
12provisions of this chapter specific to automotive maintenance
13providers.

14

begin insert9884.37.end insert  

The bureau shall design and approve of a sign which
15shall be placed in all automotive maintenance provider locations
16in a place and manner conspicuous to the public. That sign shall
17give notice that inquiries concerning service may be made to the
18bureau and shall contain the telephone number and Internet Web
19site address of the bureau. The sign shall also give notice that the
20customer is entitled to a return of replaced parts upon his or her
21request at the time the work order is taken.

22

begin insert9884.38.end insert  

Nothing in the provisions of this chapter shall prohibit
23the bringing of a civil action against an automotive maintenance
24provider by an individual.

25

begin insert9884.39.end insert  

The bureau may adopt, amend, or repeal in
26accordance with the provisions of Chapter 4.5 (commencing with
27Section 11400) of Part 1 of Division 3 of Title 2 of the Government
28Code such regulations as may be reasonably necessary to carry
29out the provisions of this chapter specific to automotive
30maintenance providers in the protection of the public from
31fraudulent or misleading advertising by an automotive maintenance
32provider, including the formulation of definitions, to the extent
33feasible, of the terms “fraud,” “guarantee,” and “negligence,”
34and words of like import, and of guidelines for the suspension and
35revocation of licenses. The bureau shall distribute to each
36registered automotive maintenance provider copies of this chapter
37and of the regulations adopted pursuant to this chapter.

38

begin insert9884.40.end insert  

All accusations against automotive maintenance
39providers shall be filed within three years after the performance
40of the act or omission alleged as the ground for disciplinary action,
P11   1except that with respect to an accusation alleging fraud or
2misrepresentation as a ground for disciplinary action, the
3accusation may be filed within two years after the discovery, by
4the bureau, of the alleged facts constituting the fraud or
5misrepresentation.

6

begin insert9884.41.end insert  

(a) Notwithstanding any other law, the director may,
7in his or her sole discretion, issue a probationary automotive
8maintenance provider registration to an applicant subject to terms
9and conditions deemed appropriate by the director, including, but
10not limited to, the following:

11
(1) Continuing medical, psychiatric, or psychological treatment.

12
(2) Ongoing participation in a specified rehabilitation program.

13
(3) Abstention from the use of alcohol or drugs.

14
(4) Compliance with all provisions of this chapter.

15
(b) (1) Notwithstanding any other law and for purposes of this
16section, when deciding whether to issue a probationary registration
17the director shall request that an applicant with a dismissed
18conviction provide proof of that dismissal and shall give special
19consideration to applicants whose convictions have been dismissed
20pursuant to Section 1203.4 or 1203.4a of the Penal Code.

21
(2) The director shall also take into account and consider any
22other reasonable documents or individual character references
23provided by the applicant that may serve as evidence of
24rehabilitation as deemed appropriate by the director.

25
(c) The director may modify or terminate the terms and
26conditions imposed on the probationary registration upon receipt
27of a petition from the applicant or registrant.

28
(d) For purposes of issuing a probationary registration to
29qualified new applicants, the director shall develop standard terms
30of probation that shall include, but not be limited to, the following:

31
(1) A three-year limit on the individual probationary
32registration.

33
(2) A process to obtain a standard registration for applicants
34who were issued a probationary registration.

35
(3) Supervision requirements.

36
(4) Compliance and quarterly reporting requirements.

37

begin insert9884.42.end insert  

(a) Notwithstanding any other law, the director may
38revoke, suspend, or deny at any time any automotive maintenance
39provider registration required by this chapter on any of the grounds
40for disciplinary action provided in this chapter. The proceedings
P12   1under this chapter shall be conducted in accordance with Chapter
25 (commencing with Section 11500) of Part 1 of Division 3 of Title
32 of the Government Code, and the director shall have all the
4powers granted therein.

5
(b) The director may deny a registration to an applicant on any
6of the grounds specified in Section 480.

7
(c) In addition to the requirements provided in Sections 485
8and 486, upon denial of an application for registration to an
9applicant, the director shall provide a statement of reasons for the
10denial that does all of the following:

11
(1) Evaluates evidence of rehabilitation submitted by the
12applicant, if any.

13
(2) Provides the director’s criteria relating to rehabilitation,
14formulated pursuant to Section 482, that takes into account the
15age and severity of the offense and the evidence relating to
16participation in treatment or other rehabilitation programs.

17
(3) If the director’s decision was based on the applicant’s prior
18criminal conviction, justifies the director’s denial of a registration
19and conveys the reasons why the prior criminal conviction is
20substantially related to the qualifications, functions, or duties of
21a registered automotive maintenance provider.

22
(d) (1) If the denial of a registration is due at least in part to
23the applicant’s state or federal criminal history record, the director
24shall, in addition to the information provided pursuant to
25paragraph (3) of subdivision (c), provide to the applicant a copy
26of his or her criminal history record if the applicant makes a
27written request to the director for a copy, specifying an address
28to which it is to be sent.

29
(A) The state or federal criminal history record shall not be
30modified or altered from its form or content as provided by the
31Department of Justice.

32
(B) The criminal history record shall be provided in such a
33manner as to protect the confidentiality and privacy of the
34applicant’s criminal history record, and the criminal history record
35shall not be made available by the director to any employer.

36
(C) The director shall retain a copy of the applicant’s written
37request and a copy of the response sent to the applicant, which
38shall include the date and the address to which the response was
39sent.

P13   1
(2) The director shall make that information available upon
2request by the Department of Justice or the Federal Bureau of
3Investigation.

4
(e) Notwithstanding Section 487, the director shall conduct a
5hearing of a registration denial within 90 days of receiving an
6applicant’s request for a hearing. For all other hearing requests,
7the director shall determine when the hearing shall be conducted.

8

begin insert9884.43.end insert  

Notwithstanding any other law, nothing prevents a
9business from being registered as both an automotive repair dealer
10pursuant to Section 9884 and an automotive maintenance provider
11pursuant to Section 9884.23 and from operating as both at the
12same facility.

end insert
13begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 9886.3 of the end insertbegin insertBusiness and Professions Codeend insert
14
begin insert is amended to read:end insert

15

9886.3.  

The fees prescribed by this chapter shall be set by the
16director in an amount estimated to provide for the administration
17of this chapter within the limits of the following schedule:

18(a) The automotive repair dealerbegin insert or automotive maintenance
19providerend insert
registration fee is not more than two hundred dollars
20begin delete ($200),end deletebegin insert ($200)end insert for each place of business in this state.

21(b) The annual renewal fee for an automotive repair dealerbegin insert or
22automotive maintenance providerend insert
registration shall not be more
23than two hundred dollars ($200) for each place of business in this
24state, if renewed prior to its expiration date.

25(c) The renewal fee for a registration that is not renewed prior
26to its expiration date shall be 112 times the renewal fee required
27for a registration renewal prior to its expiration date, but not more
28than the renewal fee plus fifty dollars ($50).

29

begin deleteSEC. 3.end delete
30
begin insertSEC. 6.end insert  

Article 12 (commencing with Section 9890) is added
31to Chapter 20.3 of Division 3 of the Business and Professions
32Code
, to read:

33 

34Article 12.  Oil Change
35

 

36

9890.  

(a) Except as indicated in subdivision (b), if an
37automotive repair dealerbegin insert or an automotive maintenance providerend insert
38 performing oil change services recommends a date or mileage for
39an oil drain interval, the recommended date or mileage shall follow
40the vehicle manufacturer published maintenance schedule.

P14   1(b) If an automotive repair dealerbegin insert or an automotive maintenance
2providerend insert
recommends a date or mileage for an oil drain interval
3that deviates from the vehicle manufacturer’s published
4 maintenance schedule for reasons, including, but not limited to,
5compliance with paragraph (c), the basis for the date or mileage
6recommendation shall be noted on the final invoice or on a
7document attached to the final invoice.

8(c) Nothing in this section shall be construed as prohibiting the
9customer from selecting any date or mileage for an oil drain
10interval of his or her choice and having that choice reflected on
11future recommendations from an automotive repairbegin delete dealer.end deletebegin insert dealer
12or an automotive maintenance provider.end insert

13(d) For purposes of this section, “recommended” or
14“recommendation” shall mean any written recommendation,
15including, but not limited to, a recommendation of an oil drain
16interval in the form of a window sticker or a key tag, or through
17programmable settings in the vehicle’s oil life indicator.

18(e) For purposes of this section, “recommended” or
19“recommendation” shall not mean resetting a preset or
20nonprogrammable oil life indicator or an oil life monitor based on
21a mathematical algorithm of the vehicle’s usage.

22(f) When an automotive repair dealerbegin insert or an automotive
23maintenance providerend insert
performs an oil change service, the dealer
24shall include the following oil change disclosure statement on the
25final invoice or on a document attached to the final invoice:


27“It is important to change your oil at the proper intervals. Your
28vehicle manufacturer publishes oil change intervals in your owner’s
29manual and on the manufacturer’s Web site.


31

begin deleteSEC. 4.end delete
32
begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P15   1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

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