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 Automotive
begin delete Repair,end delete which is under the supervision and control of the Director of Consumer begin delete Affairs.end delete 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 would require an automotive repair dealer 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 dealer 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 repair
begin 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 delete The bill would begin delete also define otherend delete terms for purposes of these provisions. The bill would expand the definition of an existing crime by begin delete placing new requirements on automotive repair dealers,end delete
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:
The Legislature finds and declares all of the
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
15(c) Most automakers currently specify oil change intervals at
16either 7,500 or 10,000
begin delete miles,end delete with intervals as high as 15,000 miles
18in some cars. Motor oils that meet current American Petroleum Institute (API)
20 standards will have the capability
21to meet current automaker oil change interval recommendations.
8 27(d)end delete
28 Changing oil more often than what is specified
begin delete by the wastes oil and
29automaker in the vehicle’s owner’s manualend delete
31money and compounds the environmental impact, especially to
11 33(e)end delete
34 It is the intent of the Legislature to ensure that the oil drain
35interval recommended by an automotive repair dealer be in accordance with the maintenance schedule
begin 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.
17 3(f)end delete
4 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.
This chapter constitutes the chapter on automotive repair
begin delete dealers.end delete It may be
14cited as the Automotive Repair Act.
Section 9880.1 of the Business and Professions Code
17 is amended to read:
The following definitions apply for the purposes of
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
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,
35 installing light bulbs, batteries, windshield wiper blades and other
36minor accessories, cleaning, adjusting, and replacing spark plugs,
37replacing fan belts, 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, 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
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.
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 dealer registration fee is not more than two hundred dollars
begin delete ($200),end delete for each place of business in this state.
21(b) The annual renewal
fee for an automotive repair dealer 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 11⁄2 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).
Article 12 (commencing with Section 9890) is added
31to Chapter 20.3 of Division 3 of the Business and Professions
32Code, to read:
(a) Except as indicated in subdivision (b), if an
37automotive repair dealer
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 dealer 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 repair
begin delete dealer.end delete
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 dealer 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.
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