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 Repair (bureau), which is under the supervision and control of the Director of Consumer Affairs (director). 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 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 would require an automotive repair dealer or an automotive maintenance provider 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 or automotive maintenance provider 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 dealer or automotive maintenance provider.
begin delete The bill would define various terms for purposes of these provisions.end delete The bill would expand the definition of an existing crime by including automotive maintenance providers within these provisions, 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 miles for late model vehicles operated under
17normal conditions, with intervals as high as 15,000 miles in some
18cars. Motor oils that meet current industry standards, such as those
19specified by the American Petroleum Institute (API) or standards
P4 1specified by the manufacturer, will have the capability to meet
2current automaker oil change interval recommendations.
3(d) Vehicle manufacturers may specify shorter oil change
4intervals for older vehicles or vehicles operated under severe
5conditions, including, but not limited to, extreme hot or cold
6temperatures, extensive idling in stop-and-go traffic, frequent short
7trips, hauling heavy loads, and towing.
8(e) Changing oil more often than what is specified in the vehicle
9manufacturer’s published maintenance schedule wastes oil and
10money and compounds the environmental impact, especially to
12(f) It is the intent of the Legislature to ensure that the oil drain
13interval recommended by an automotive repair dealer or an
14automotive maintenance provider be in accordance with the vehicle
15manufacturer’s published maintenance schedule in order to prevent
16deceiving or misleading consumers with unnecessary and costly
18(g) It is further the intent of the Legislature to source-reduce
19the amount of used automotive oil that is generated in California
20in order to reduce our dependence on petroleum products, avoid
21damage to the environment and threats to public health, and be
22 consistent with the state’s hierarchy for waste management
23practices pursuant to Section 40051 of the Public Resources Code.
Section 9880 of the Business and Professions Code is
25amended to read:
This chapter constitutes the chapter on automotive repair
27dealers and automotive maintenance providers. It may be cited as
28the Automotive Repair and Maintenance Act.
Section 9880.1 of the Business and Professions Code
30 is amended to read:
The following definitions apply for the purposes of
33(a) “Automotive repair dealer” means a person who, for
34compensation, engages in the business of repairing or diagnosing
35malfunctions of motor vehicles.
36(b) “Chief” means the Chief of the Bureau of Automotive
38(c) “Bureau” means the Bureau of Automotive Repair.
39(d) “Motor vehicle” means a passenger vehicle required to be
40registered with the Department of Motor Vehicles and all
P5 1motorcycles whether or not required to be registered by the
2Department of Motor Vehicles.
3(e) “Repair of motor vehicles” means all maintenance of and
4repairs to motor vehicles performed by an automotive repair dealer
5including automotive body repair work, but excluding those repairs
6made pursuant to a commercial business agreement and also
7excluding repairing tires, changing tires, lubricating vehicles,
8installing light bulbs, batteries,
9 windshield wiper blades and other minor accessories, cleaning,
10adjusting, and replacing spark plugs, replacing fan belts, oil, and
11air filters, and other minor services, which the director, by
12regulation, determines are customarily performed by gasoline
14No service shall be designated as minor, for purposes of this
15section, if the director finds that performance of the service requires
16mechanical expertise, has given rise to a high incidence of fraud
17or deceptive practices, or involves a part of the vehicle essential
18to its safe operation.
19(f) “Person” includes firm, partnership, association, limited
20liability company, or corporation.
21(g) An “automotive technician” is an employee of an automotive
22repair dealer or is that dealer, if the employer or dealer repairs
23motor vehicles and who for salary or wage performs maintenance,
24diagnostics, repair, removal, or installation of any integral
25component parts of an engine, driveline,
begin delete chassisend delete or body
26of any vehicle, but excluding repairing tires, changing tires,
27lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor
29accessories; cleaning, replacing fan belts, air filters; and other
30minor services which the director, by regulation, determines are
31customarily performed by a gasoline service station.
32(h) “Director” means the Director of Consumer Affairs.
33(i) “Commercial business agreement” means an agreement,
34whether in writing or oral, entered into between a business or
35commercial enterprise and an automobile repair dealer, prior to
36the repair which is requested being made, which agreement
37contemplates a continuing business arrangement under which the
38automobile repair dealer is to repair any vehicle covered by the
39agreement, but does not mean any warranty or extended service
P6 1agreement normally given by an automobile repair facility to its
3(j) “Customer” means the
person presenting a motor vehicle for
4repair and authorizing the repairs to that motor vehicle. “Customer”
5shall not mean the automotive repair dealer providing the repair
6services or an insurer involved in a claim that includes the motor
7vehicle being repaired or an employee or agent or a person acting
8on behalf of the dealer or insurer.
9(k) “Automotive maintenance provider” means a person who,
10for compensation, engages in the business of the preventive
11automotive maintenance services associated with fluid and filter
12changes, fluid treatments, and belt and windshield wiper blade
Article 3.5 (commencing with Section 9884.23) is
16added to Chapter 20.3 of Division 3 of the Business and Professions
17Code, to read:
(a) An automotive maintenance provider shall pay
22the fee required by this chapter for each place of business operated
23by the provider in this state and shall register with the director
24upon forms prescribed by the director. The forms shall contain
25sufficient information to identify the automotive maintenance
26provider, including name, address of each location, a statement by
27the provider that each location is in an area that, pursuant to local
28zoning ordinances, permits the operation of a facility for the
29maintenance of motor vehicles, the provider’s retail seller’s permit
30number, if a permit is required under the Sales and Use Tax Law
31(Part 1 (commencing with Section 6001) of Division 2 of the
32Revenue and Taxation Code), and other identifying data that are
33prescribed by the director. If the business is to be carried on under
34a fictitious name, the fictitious name shall be stated. To the extent
35prescribed by the director, an automotive maintenance provider
36shall identify the owners, directors, officers, partners, members,
37trustees, managers, and any other persons who directly or indirectly
38control or conduct the business. The forms shall include a statement
39signed by the provider under penalty of perjury that the information
40provided is true.
P10 1(b) A state agency is not authorized or required by this section
2to enforce a city, county, regional, air pollution control district, or
3air quality management district rule or regulation regarding the
4site or operation of a facility that provides maintenance to motor
A business maintaining more than one automotive
7maintenance facility shall be permitted to file a single application
8annually that, along with the other information required by this
9chapter, clearly indicates the location of, and the individual in
10charge of, each facility. In that case, fees shall be paid for each
Upon receipt of the properly completed form and the
13required fee, the director shall issue the registration and send a
14proof of issuance to the automotive maintenance provider. The
15director shall by regulation prescribe conditions that he or she
16determines are necessary to ensure future compliance with the
17parts of this chapter specific to automotive maintenance providers,
18pursuant to which a person whose registration has previously been
19revoked or denied or who has committed acts prohibited by Section
209884.30 while an automotive maintenance provider or automotive
21technician, or while an employee, partner, officer, or member of
22an automotive maintenance provider, may have his or her
Every automotive maintenance provider registration
25shall cease to be valid one year from the last day of the month in
26which registration was issued unless the automotive maintenance
27provider has paid the renewal fee required by this chapter.
An automotive maintenance provider registration
29shall cease to be valid when the director finds that any of the
30information provided by the form specified in Section 9884.23 for
31automotive maintenance providers, which the director by regulation
32deems material, ceases to be current.
An automotive maintenance provider registration that
34is not renewed within three years following its expiration shall not
35be renewed, restored, or reinstated thereafter, and the delinquent
36registration shall be canceled immediately upon expiration of the
38An automotive maintenance provider whose registration has
39been canceled by operation of this section shall obtain a new
40registration only if he or she again meets the requirements set forth
P11 1in this chapter relating to registration, is not subject to denial under
2Section 480, and pays the applicable fees.
3An expired registration may be renewed at any time within three
4years after its expiration upon the filing of an application for
5renewal on a form prescribed by the bureau and the payment of
6all accrued renewal and delinquency fees. Renewal under this
7section shall be effective on the date on which the application is
8filed and all renewal and delinquency fees are paid. If so renewed,
9the registration shall continue in effect through the expiration date
10of the current registration year as provided in Section 9884.26, at
11which time the registration shall be subject to renewal.
It is unlawful for any person to be an automotive
13maintenance provider unless that person has registered in
14accordance with this chapter and unless that registration is currently
(a) The director, where the automotive maintenance
17provider cannot show there was a bona fide error, may deny,
18suspend, revoke, or place on probation the registration of an
19automotive maintenance provider for any of the following acts or
20omissions related to the conduct of the business of the automotive
21maintenance provider that are performed by the automotive
22maintenance provider or any automotive technician, employee,
23partner, officer, or member of the automotive maintenance
begin delete provider.end delete
25(1) Making or authorizing in any manner or by any means
26 whatever any statement written or oral which is untrue or
27misleading and which is known, or which by the exercise of
28reasonable care should be known, to be untrue or misleading.
29(2) Any other conduct that constitutes fraud.
30(3) Conduct constituting gross negligence.
31(4) Failure in any material respect to comply with the provisions
32of this chapter specific to automotive maintenance providers or
33regulations adopted pursuant to it.
34(5) Any willful departure from or disregard of accepted trade
35standards for automotive maintenance in any material respect.
36(6) Making false promises of a character likely to influence,
37persuade, or induce a customer to authorize the maintenance of
39(7) Upon denying a registration, the director shall notify the
40applicant thereof, in writing, by personal service or mail addressed
P12 1to the address of the applicant set forth in the application, and the
2applicant shall be given a hearing under Section 9884.33 if, within
330 days thereafter, he or she files with the bureau a written request
4for a hearing; otherwise the denial is deemed affirmed.
5(b) Except as provided for in subdivision (c), if an automotive
6maintenance provider operates more than one place of business in
7this state, the director pursuant to subdivision (a) shall only
8suspend, revoke, or place on probation the registration of the
9specific place of business which has violated any of the provisions
10of this chapter. This violation, or action by the director, shall not
11affect in any manner the right of the automotive maintenance
12provider to operate his or her other places of business.
13(c) Notwithstanding subdivision (b), the director may suspend,
14revoke, or place on probation the registration for all places of
15business operated in this state by an automotive maintenance
16provider upon a finding that the provider has, or is, engaged in a
17course of repeated and willful violations of this chapter specific
18to automotive maintenance providers or regulations adopted
19pursuant to it.
All work done by an automotive maintenance provider
21shall be recorded on an invoice and shall describe all service work
22done and parts supplied. Service work and parts shall be listed
23separately on the invoice, which shall also state separately the
24subtotal prices for service work and for parts, not including sales
25tax, and shall state separately the sales tax, if any, applicable to
26each. One copy of the invoice shall be given to the customer and
27one copy shall be retained either in hard copy or digitally by the
28automotive maintenance provider.
Each automotive maintenance provider shall maintain
30any records that are required by regulations adopted to carry out
31the parts of this chapter specific to automotive maintenance
32providers. Those records shall be open for reasonable inspection
33by the chief or other law enforcement officials. All of those records
34shall be maintained for at least three years.
All proceedings to deny, suspend, revoke, or place
36on probation a registration of an automotive maintenance provider
37shall be conducted pursuant to Chapter 5 (commencing with
38Section 11500) of Part 1 of Division 3 of Title 2 of the Government
The expiration of a valid registration shall not prevent
2the director or chief of jurisdiction from proceeding with any
3investigation or disciplinary proceeding against an automotive
4maintenance provider or rendering a decision invalidating a
5registration temporarily or permanently.
The superior court in and for the county wherein any
7person carries on, or attempts to carry on, a business as an
8automotive maintenance provider or as an automotive technician
9in violation of the provisions of this chapter specific to automotive
10maintenance providers or any regulation made pursuant to this
11chapter shall, on application of the director or the chief, issue an
12injunction or other appropriate order restraining such conduct.
13This section shall be cumulative to and shall not prohibit the
14enforcement of any other law.
15The proceedings under this section shall be governed by Chapter
163 (commencing with Section 525) of Title 7 of Part 2 of the Code
17of Civil Procedure, except that the director or chief shall not be
18required to allege facts necessary to show or tending to show lack
19of an adequate remedy at law or irreparable injury.
The director may file charges with the district attorney
21or city attorney against any automotive maintenance provider who
22violates the provisions of this chapter specific to automotive
23maintenance providers or any regulation made pursuant to the
24provisions of this chapter specific to automotive maintenance
The bureau shall design and approve of a sign which
27shall be placed in all automotive maintenance provider locations
28in a place and manner conspicuous to the public. That sign shall
29give notice that inquiries concerning service may be made to the
30bureau and shall contain the telephone number and Internet Web
31site address of the bureau. The sign shall also give notice that the
32customer is entitled to a return of replaced parts upon his or her
33request at the time the work order is taken.
Nothing in the provisions of this chapter shall prohibit
35the bringing of a civil action against an automotive maintenance
36provider by an individual.
The bureau may adopt, amend, or repeal in accordance
38with the provisions of Chapter 4.5 (commencing with Section
3911400) of Part 1 of Division 3 of Title 2 of the Government Code
40such regulations as may be reasonably necessary to carry out the
P14 1provisions of this chapter specific to automotive maintenance
begin delete2 providers in the protection of the public from fraudulent or
3misleading advertising by an automotive maintenance provider,
4including the formulation of definitions, to the extent feasible, of
5the terms “fraud,” “guarantee,” and “negligence,” and words of
6like import, and of guidelines for the suspension and revocation
7of licenses. The bureau shall distribute to each registered
8automotive maintenance provider copies of this chapter and of the
9regulations adopted pursuant to this chapter.end delete
All accusations against automotive maintenance
11providers shall be filed within three years after the performance
12of the act or omission alleged as the ground for disciplinary action,
13except that with respect to an accusation alleging fraud or
14misrepresentation as a ground for disciplinary action, the accusation
15may be filed within two years after the discovery, by the bureau,
16of the alleged facts constituting the fraud or misrepresentation.
(a) Notwithstanding any other law, the director may,
18in his or her sole discretion, issue a probationary automotive
19maintenance provider registration to an applicant subject to terms
20and conditions deemed appropriate by the director, including, but
21not limited to, the following:
22(1) Continuing medical, psychiatric, or psychological treatment.
23(2) Ongoing participation in a specified rehabilitation program.
24(3) Abstention from the use of alcohol or drugs.
25(4) Compliance with all provisions of this chapter.
26(b) (1) Notwithstanding any other
begin delete lawend delete and for purposes
27of this section, when deciding whether to issue a probationary
28registration the director shall request that an applicant with a
29dismissed conviction provide proof of that dismissal and shall give
30special consideration to applicants whose convictions have been
31dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
32(2) The director shall also take into account and consider any
33other reasonable documents or individual character references
34provided by the applicant that may serve as evidence of
35rehabilitation as deemed appropriate by the director.
36(c) The director may modify or terminate the terms and
37conditions imposed on the probationary registration upon receipt
38of a petition from the applicant or registrant.
P15 1(d) For purposes of issuing a probationary registration to
2qualified new applicants, the director shall develop standard terms
3of probation that shall include, but not be limited to, the following:
4(1) A three-year limit on the individual probationary registration.
5(2) A process to obtain a standard registration for applicants
6who were issued a probationary registration.
7(3) Supervision requirements.
8(4) Compliance and quarterly reporting requirements.
(a) Notwithstanding any other law, the director may
10revoke, suspend, or deny at any time any automotive maintenance
11provider registration required by this chapter on any of the grounds
12for disciplinary action provided in this chapter. The proceedings
13under this chapter shall be conducted in accordance with Chapter
145 (commencing with Section 11500) of Part 1 of Division 3 of
15Title 2 of the Government Code, and the director shall have all the
16powers granted therein.
17(b) The director may deny a registration to an applicant on any
18of the grounds specified in Section 480.
19(c) In addition to the requirements provided in Sections 485 and
20486, upon denial of an application for registration to an applicant,
21the director shall provide a statement of reasons for the denial that
22does all of the following:
23(1) Evaluates evidence of rehabilitation submitted by the
24applicant, if any.
25(2) Provides the director’s criteria relating to rehabilitation,
26formulated pursuant to Section 482, that takes into account the age
27and severity of the offense and the evidence relating to participation
28in treatment or other rehabilitation programs.
29(3) If the director’s decision was based on the applicant’s prior
30criminal conviction, justifies the director’s denial of a registration
31and conveys the reasons why the prior criminal conviction is
32substantially related to the qualifications, functions, or duties of a
33registered automotive maintenance provider.
34(d) (1) If the denial of a registration is due at least in part to the
35applicant’s state or federal criminal history record, the director
36shall, in addition to the information provided pursuant to paragraph
37(3) of subdivision (c), provide to the applicant a copy of his or her
38criminal history record if the applicant makes a written request to
39the director for a copy, specifying an address to which it is to be
P16 1(A) The state or federal criminal history record shall not be
2modified or altered from its form or content as provided by the
3Department of Justice.
4(B) The criminal history record shall be provided in such a
5manner as to protect the confidentiality and privacy of the
6applicant’s criminal history record, and the criminal history record
7shall not be made available by the director to any employer.
8(C) The director shall retain a copy of the applicant’s written
9request and a copy of the response sent to the applicant, which
10shall include the date and the address to which the response was
12(2) The director shall make that information available upon
13request by the Department of Justice or the Federal Bureau of
15(e) Notwithstanding Section 487, the director shall conduct a
16hearing of a registration denial within 90 days of receiving an
17applicant’s request for a hearing. For all other hearing requests,
18the director shall determine when the hearing shall be conducted.
Notwithstanding any other law, nothing prevents a
20business from being registered as both an automotive repair dealer
21pursuant to Section 9884 and an automotive maintenance provider
22pursuant to Section 9884.23 and from operating as both at the same
Section 9886.3 of the Business and Professions Code
26 is amended to read:
The fees prescribed by this chapter shall be set by the
28director in an amount estimated to provide for the administration
29of this chapter within the limits of the following schedule:
30(a) The automotive repair dealer or automotive maintenance
31provider registration fee is not more than two hundred dollars
32($200) for each place of business in this state.
33(b) The annual renewal fee for an automotive repair dealer or
34automotive maintenance provider registration shall not be more
35than two hundred dollars ($200) for each place of business in this
36state, if renewed prior to its expiration date.
37(c) The renewal fee for a
registration that is not renewed prior
38to its expiration date shall be 11⁄2 times the renewal fee required
39for a registration renewal prior to its expiration date, but not more
40than the renewal fee plus fifty dollars ($50).
Article 12 (commencing with Section 9890) is added
3to Chapter 20.3 of Division 3 of the Business and Professions
4Code, to read:
(a) Except as indicated in subdivision (b), if an
9automotive repair dealer or an automotive maintenance provider
10performing oil change services recommends a date or mileage for
11an oil drain interval, the recommended date or mileage shall follow
12the vehicle manufacturer published maintenance schedule.
13(b) If an automotive repair dealer or an automotive maintenance
14provider recommends a date or mileage for an oil drain interval
15that deviates from the vehicle manufacturer’s published
16maintenance schedule for reasons, including, but not limited to,
17compliance with paragraph (c), the basis for the date or mileage
18recommendation shall be noted on the final invoice or on a
19document attached to the final invoice.
20(c) Nothing in this section shall be construed as prohibiting the
21customer from selecting any date or mileage for an oil drain
22interval of his or her choice and having that choice reflected on
23future recommendations from an automotive repair dealer or an
24automotive maintenance provider.
25(d) For purposes of this section, “recommended” or
26“recommendation” shall mean any written recommendation,
27including, but not limited to, a recommendation of an oil drain
28interval in the form of a window sticker or a key tag, or through
29programmable settings in the vehicle’s oil life indicator.
30(e) For purposes of this section, “recommended” or
31“recommendation” shall not mean resetting a preset or nonprogrammable oil life
34indicator or an oil life monitor based on a mathematical algorithm
35of the vehicle’s usage.
36(f) When an automotive repair dealer or an automotive
37maintenance provider performs an oil change service, the dealer
38shall include the following oil change disclosure statement on the
39final invoice or on a document attached to the final invoice:
P18 1“It is important to change your oil at the proper intervals. Your
2vehicle manufacturer publishes oil change intervals in your owner’s
3manual and on the manufacturer’s Web
begin delete site.end delete
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California