Amended in Assembly May 23, 2014

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 begin delete of end delete begin insert of, and to add Section 9884.75 to, end insert 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 begin delete of end delete begin insert of, end insert and repairs begin delete to end delete begin insert to, end insert 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 from 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 underinflated. The bill would require an automotive repair begin delete dealer, if a vehicle is manufactured with a TPMS, end delete begin insert dealer end insert to be capable of diagnosing and servicing the TPMS in accordance with industry standards begin insert if the vehicle is manufactured with the device 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 diagnose and service a TPMS in accordance with industry standards 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:

(1) 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.

(2) Lubricating vehicles.

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

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

(5) 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:

(A) 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.

(B) Lubricating vehicles.

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

(D) Cleaning, adjusting, and replacing spark plugs.

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

(F) 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)  begin delete (1) end delete begin delete   end delete “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.

begin delete

(2) If a vehicle is manufactured with a TPMS, the automotive
repair dealer shall be capable of diagnosing and servicing the
TPMS in accordance with industry standards.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 9884.75 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 9884.75. end insert   

An automotive repair dealer shall be capable of
diagnosing and servicing a tire pressure monitoring system in
accordance with industry standards if the vehicle is manufactured
with the device.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.