AB 1665,
as amended, Jones. begin deletePrivate investigators: license. end deletebegin insertAutomotive repair.end insert
(1) Existing law, the Automotive Repair Act, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. A violation of the act is a crime. Existing law provides for the registration and regulation of automotive repair dealers 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, as specified, and excludes from the definition, among other things, repairing tires, changing tires, and lubricating vehicles. Existing law defines an automotive technician as an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles, and who for salary or wage performs specified work on a motor vehicle, but excludes, among other things, repairing tires, changing tires, and lubricating vehicles.
end insertbegin insertThis bill would delete repairing and changing tires from, and would add tire rotation and adjusting tire pressure to, those exclusion lists. The bill would additionally exclude tire services provided by or on behalf of a motor club holding a specified certificate of authority or an operator of a tow truck owned or operated by a person or entity possessing a valid motor carrier permit from the definitions of “repair of motor vehicles” and “automotive technician.”
end insertbegin insertThis bill would define the term tire pressure monitoring system (TPMS) to mean the automotive safety device that warns the driver by using a lighted icon on the onboard diagnostic system that one or more of the tires are underinflated, and would require automotive repair dealers and tire dealers to check the onboard diagnostic system of a vehicle manufactured with a TPMS and be capable of activating and calibrating the TPMS, as specified.
end insertbegin insertBecause the failure of a person repairing or changing tires to register as an automotive repair dealer with the bureau and the failure of a tire dealer or tire service provider to check the onboard diagnostic system of a vehicle manufactured with a TPMS would constitute a crime, the bill would impose a state-mandated program.
end insertbegin insert(2) 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, with exceptions, prohibits a person from engaging in the business of a private investigator without applying for and obtaining a license to engage in that business. A license application is required to be on a form prescribed by the Director of Consumer Affairs and accompanied by the application fee.
end deleteThis bill would make technical, nonsubstantive changes to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 9880.1 of the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert is amended to read:end insert
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) An “automotive technician” is an employee of an automotive
7repair dealer or is that dealer, if the employer or dealer repairs
8motor vehicles, and, who for salary or wage, performs
9maintenance, diagnostics, repair, removal, or installation of any
10integral component parts of an engine, driveline, chassis, or body
11of any vehicle, but excludes all of the following:
12(1) Rotating tires.
end insertbegin insert13(2) Adjusting tire air pressure.
end insertbegin insert
14(3) Providing tire services by or on behalf of a motor club
15holding a certificate of authority issued pursuant to Chapter 2
16(commencing with Section 12160) of Part 5 of Division 2 of the
17Insurance Code or by an operator of a tow truck, as defined in
18Section 615 of the Vehicle Code, owned or operated by a person
19or entity possessing a valid motor carrier permit, as described in
20Section 34620 of the Vehicle Code.
21(4) Lubricating vehicles.
end insertbegin insert
22(5) Installing light bulbs, batteries, windshield wiper blades,
23and other minor accessories.
24(6) Cleaning, replacing fan belts, oil, and air filters.
end insertbegin insert
25(7) Other minor services that the director, by regulation,
26determines are customarily performed by a gasoline service station.
27(c) “Bureau” means the Bureau of Automotive Repair.
end insert28(b)
end delete
29begin insert(d)end insert “Chief” means the Chief of the Bureau of Automotive
30Repair.
31(c) “Bureau” means the Bureau of Automotive Repair.
end delete
32(e) “Commercial business agreement” means an agreement,
33whether in writing or oral, entered into between a business or
34commercial enterprise and an automotive repair dealer, prior to
35the repair that is requested being made, that contemplates a
36continuing business arrangement under which the automotive
37repair dealer is to repair any vehicle covered by the agreement,
38but does
not mean any warranty or extended service agreement
39normally given by an automobile repair facility to its customers.
P4 1(f) “Customer” means the person presenting a motor vehicle
2for repair and authorizing the repairs to that motor vehicle.
3“Customer” shall not mean the automotive repair dealer providing
4the repair services or an insurer involved in a claim that includes
5the motor vehicle being repaired or an employee or agent or a
6person acting on behalf of the dealer or insurer.
7(g) “Director” means the Director of Consumer Affairs.
end insert8(d)
end delete
9begin insert(h)end insert “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(i) “Person” includes a firm, partnership, association, limited
14liability company, or corporation.
15(e)
end delete
16begin insert(j)end insertbegin insert end insertbegin insert(1)end insert “Repair of motor vehicles” means all maintenance of
17and repairs to motor vehicles performed by an automotive repair
18dealer including automotive body repair work, but excluding those
19repairs made pursuant to a commercial business agreement and
20also excludingbegin delete repairing tires, changing tires, lubricating vehicles, begin insert
all of the following:end insert
21installing light bulbs, batteries, windshield wiper blades and other
22minor accessories, cleaning, adjusting, and replacing spark plugs,
23replacing fan belts, oil, and air filters, and other minor services,
24which the director, by regulation, determines are customarily
25performed by gasoline service stations.end delete
26(A) Rotating tires.
end insertbegin insert27(B) Adjusting tire air pressure.
end insertbegin insert
28(C) Providing tire services by or on behalf of a motor club
29holding a certificate of authority issued pursuant to Chapter 2
30(commencing with Section 12160) of Part 5 of Division 2 of the
31Insurance Code or by an operator of a tow truck, as defined in
32Section 615 of the Vehicle Code, owned or operated by a person
33or entity possessing a valid motor carrier permit, as described in
34Section 34620 of the Vehicle
Code.
35(D) Lubricating vehicles.
end insertbegin insert
36(E) Installing light bulbs, batteries, windshield wiper blades,
37and other minor accessories.
38(F) Cleaning, adjusting, and replacing spark plugs.
end insertbegin insert39(G) Replacing fan belts, oil, and air filters.
end insertbegin insert
P5 1(H) Other minor services that the director, by regulation,
2determines are customarily performed by gasoline service stations.
3 No
end delete
4begin insert(2)end insertbegin insert end insertbegin insertNoend insert service shall be designated as minor, for purposes of this
5section, if the director finds that performance of the service requires
6mechanical expertise, has given rise to a high incidence of fraud
7or deceptive practices, or involves a part of the vehicle essential
8to its safe operation.
9(k) (1) “Tire pressure monitoring system” (TPMS) means the
10automotive safety device that warns the driver by using a lighted
11icon on the onboard diagnostic system that one or more of the tires
12are underinflated.
13(2) If a vehicle is manufactured with a TPMS, automotive repair
14dealers and tire dealers shall check the onboard diagnostic system
15to ensure that the TPMS is operative, and they shall be capable
16of activating and calibrating the TPMS when necessary in
17accordance with industry protocol.
18(f) “Person” includes firm, partnership, association, limited
19liability company, or corporation.
20(g) An “automotive technician” is an employee of an automotive
21repair dealer or is that dealer, if the employer or dealer repairs
22motor vehicles and who for salary or wage performs maintenance,
23diagnostics, repair, removal, or installation of any integral
24component parts of an engine, driveline, chassis or body of any
25vehicle, but excluding repairing tires, changing tires, lubricating
26vehicles, installing light bulbs, batteries, windshield wiper blades,
27and other minor accessories; cleaning, replacing fan belts, oil and
28air filters; and other minor services which the director, by
29regulation, determines are customarily performed by a gasoline
30service station.
31(h) “Director” means the Director of Consumer Affairs.
end delete
32(i) “Commercial business agreement” means an agreement,
33whether in writing or oral, entered into between a business or
34commercial enterprise and an automobile repair dealer, prior to
35the repair which is requested being made, which agreement
36contemplates a continuing business arrangement under which the
37automobile repair dealer is to repair any vehicle covered by the
38agreement, but does not mean any warranty or extended service
39agreement normally given by an automobile repair facility to its
40customers.
P6 1(j) “Customer” means the person presenting a motor vehicle for
2repair and authorizing the repairs to that motor vehicle. “Customer”
3shall not mean the automotive repair dealer providing the repair
4services or an insurer involved in a claim that includes the motor
5vehicle being repaired or an employee or agent or a person acting
6on behalf of the dealer or insurer.
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.
Section 7525 of the Business and Professions
17Code is amended to read:
An application for a license pursuant to this chapter shall
19be on a form prescribed by the director and accompanied by the
20application fee provided by this chapter.
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