Amended in Assembly April 24, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1665

Introduced by Assembly Member Jones

(Coauthor: Assembly Member Mullin)

February 12, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1665, as amended, Jones. Automotive repair.

(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.

This bill would delete repairing and changing tires begin delete from, and would add tire rotation and adjusting tire pressure to, end delete begin insert from end insert 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.”

This 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 begin delete underinflated, and would require end delete begin insert underinflated. The bill would require an end insert automotive repair begin delete 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 delete begin insert dealer, if a vehicle is manufactured with a TPMS, to be capable of diagnosing and servicing the TPMS in accordance with industry standards. end insert

Because 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 begin delete check the onboard diagnostic system of a vehicle manufactured with end delete begin insert diagnose and service end insert a TPMS begin insert in accordance with industry standards end insert would constitute a crime, the bill would impose a state-mandated program.

(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.

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:

SECTION 1.  

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

9880.1.  

The following definitions apply for the purposes of
this chapter:

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

(b) An “automotive technician” is an employee of an automotive
repair dealer or is that dealer, if the employer or dealer repairs
motor vehicles, and, who for salary or wage, performs maintenance,
diagnostics, repair, removal, or installation of any integral
component parts of an engine, driveline, chassis, or body of any
vehicle, but excludes all of the following:

begin delete

(1) Rotating tires.

end delete begin delete

(2) Adjusting tire air pressure.

end delete begin delete

(3)

end delete

begin insert (1) end insert  Providing tire services by or on behalf of a motor club
holding a certificate of authority issued pursuant to Chapter 2
(commencing with Section 12160) of Part 5 of Division 2 of the
Insurance Code or by an operator of a tow truck, as defined in
Section 615 of the Vehicle Code, owned or operated by a person
or entity possessing a valid motor carrier permit, as described in
Section 34620 of the Vehicle Code.

begin delete

(4)

end delete

begin insert (2) end insert  Lubricating vehicles.

begin delete

(5)

end delete

begin insert (3) end insert  Installing light bulbs, batteries, windshield wiper blades,
and other minor accessories.

begin delete

(6) Cleaning,

end delete

begin insert (4) end insert begin insert   end insert begin insert Cleaning or end insert replacing fan belts, oil, and air filters.

begin delete

(7)

end delete

begin insert (5) end insert  Other minor services that the director, by regulation,
determines are customarily performed by a gasoline service station.

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

(d) “Chief” means the Chief of the Bureau of Automotive
Repair.

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

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

(g) “Director” means the Director of Consumer Affairs.

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

(i) “Person” includes a firm, partnership, association, limited
liability company, or corporation.

(j) (1) “Repair of motor vehicles” means all maintenance of
and repairs to motor vehicles performed by an automotive repair
dealer including automotive body repair work, but excluding those
repairs made pursuant to a commercial business agreement and
also excluding all of the following:

begin delete

(A) Rotating tires.

end delete begin delete

(B) Adjusting tire air pressure.

end delete begin delete

(C)

end delete

begin insert (A) end insert  Providing tire services by or on behalf of a motor club
holding a certificate of authority issued pursuant to Chapter 2
(commencing with Section 12160) of Part 5 of Division 2 of the
Insurance Code or by an operator of a tow truck, as defined in
Section 615 of the Vehicle Code, owned or operated by a person
or entity possessing a valid motor carrier permit, as described in
Section 34620 of the Vehicle Code.

begin delete

(D)

end delete

begin insert (B) end insert  Lubricating vehicles.

begin delete

(E)

end delete

begin insert (C) end insert  Installing light bulbs, batteries, windshield wiper blades,
and other minor accessories.

begin delete

(F)

end delete

begin insert (D) end insert  Cleaning, adjusting, and replacing spark plugs.

begin delete

(G)

end delete

begin insert (E) end insert  Replacing fan belts, oil, and air filters.

begin delete

(H)

end delete

begin insert (F) end insert  Other minor services that the director, by regulation,
determines are customarily performed by gasoline service stations.

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

(k) (1) “Tire pressure monitoring system” (TPMS) means 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.

(2) If a vehicle is manufactured with a TPMS, begin insert the end insert automotive
repair begin delete dealers and tire dealers shall check the onboard diagnostic
system to ensure that the TPMS is operative, and they shall be
capable of activating and calibrating the TPMS when necessary
in accordance with industry protocol. end delete begin insert dealer shall be capable of
diagnosing and servicing the TPMS in accordance with industry
standards. end insert

SEC. 2.  

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