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 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 dealerbegin insert that repairs tires or changes tiresend insert to be capable of diagnosing and servicing the TPMS in accordance with industry standards if the vehicle is manufactured with the device.
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 9880.1 of the Business and Professions
2Code is amended to read:
The following definitions apply for the purposes of
4this chapter:
5(a) “Automotive repair dealer” means a person who, for
6compensation, engages in the business of repairing or diagnosing
7malfunctions of motor vehicles.
P3 1(b) An “automotive technician” is an employee of an automotive
2repair dealer or is that dealer, if the employer or dealer repairs
3motor vehicles, and, who for salary or wage, performs maintenance,
4diagnostics, repair, removal, or installation of any integral
5component parts of an engine, driveline, chassis, or body of any
6vehicle, but excludes all of the following:
7(1) Providing tire services by or on behalf of a motor club
8holding a certificate of authority issued pursuant to Chapter 2
9(commencing with Section 12160) of Part 5 of Division 2 of the
10Insurance Code or by an operator of a tow truck, as defined in
11Section 615 of the Vehicle Code, owned or operated by a person
12or entity possessing a valid motor carrier permit, as described in
13Section 34620 of the Vehicle Code.
14(2) Lubricating vehicles.
15(3) Installing light bulbs, batteries, windshield wiper blades,
16and other minorbegin delete accessories.end deletebegin insert accessories; cleaning, replacing fan
17belts, oil, and air
filters.end insert
18 (4) Cleaning or replacing fan belts, oil, and air filters.
end delete19(5)
end delete
20begin insert(4)end insert Other minor services that the director, by regulation,
21determines are customarily performed by a gasoline service station.
22(c) “Bureau” means the Bureau of Automotive Repair.
23(d) “Chief” means the Chief of the Bureau of Automotive
24Repair.
25(e) “Commercial business agreement” means an agreement,
26whether in writing or oral, entered into between a business or
27commercial enterprise and an automotive repair dealer, prior to
28the repair that is requested being made, that contemplates a
29continuing business arrangement under which the automotive
30repair dealer is to repair any vehicle covered by the agreement,
31but does not mean any warranty or extended service agreement
32normally given by an automobile repair facility to its customers.
33(f) “Customer” means the person presenting a motor vehicle
34for repair and authorizing the repairs to that motor vehicle.
35“Customer” shall not mean the automotive repair dealer providing
36the repair services or an insurer involved in a claim that includes
37the motor vehicle being repaired or an
employee or agent or a
38person acting on behalf of the dealer or insurer.
39(g) “Director” means the Director of Consumer Affairs.
P4 1(h) “Motor vehicle” means a passenger vehicle required to be
2registered with the Department of Motor Vehicles and all
3motorcycles whether or not required to be registered by the
4Department of Motor Vehicles.
5(i) “Person” includes a firm, partnership, association, limited
6liability company, or corporation.
7(j) (1) “Repair of motor vehicles” means all maintenance of
8and repairs to motor vehicles performed by an automotive repair
9dealer including automotive body repair work, but excluding those
10repairs made
pursuant to a commercial business agreement and
11also excluding all of the following:
12(A) Providing tire services by or on behalf of a motor club
13holding a certificate of authority issued pursuant to Chapter 2
14(commencing with Section 12160) of Part 5 of Division 2 of the
15Insurance Code or by an operator of a tow truck, as defined in
16Section 615 of the Vehicle Code, owned or operated by a person
17or entity possessing a valid motor carrier permit, as described in
18Section 34620 of the Vehicle Code.
19(B) Lubricating vehicles.
20(C) Installing light bulbs, batteries, windshield wiper blades,
21and other minor accessories.
22(D) Cleaning, adjusting, and replacing spark plugs.
23(E) Replacing fan belts, oil, and air filters.
24(F) Other minor services that the director, by regulation,
25determines are customarily performed by gasoline service stations.
26(2) No service shall be designated as minor, for purposes of this
27section, if the director finds that performance of the service requires
28mechanical expertise, has given rise to a high incidence of fraud
29or deceptive practices, or involves a part of the vehicle essential
30to its safe operation.
31(k) “Tire pressure monitoring system” (TPMS) means the
32automotive safety device that warns the driver by using a lighted
33icon on the onboard diagnostic system that one or more of the tires
34are
underinflated.
Section 9884.75 is added to the Business and
36Professions Code, to read:
An automotive repair dealerbegin insert that repairs tires or
38changes tiresend insert shall be capable of diagnosing and servicing a tire
39pressure monitoring system in accordance with industry standards
40if the vehicle is manufactured with the device.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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