Bill Text: CA AB873 | 2015-2016 | Regular Session | Chaptered
Bill Title: Automotive repair.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 849, Statutes of 2016. [AB873 Detail]
Download: California-2015-AB873-Chaptered.html
BILL NUMBER: AB 873 CHAPTERED
BILL TEXT
CHAPTER 849
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE MAY 25, 2016
AMENDED IN SENATE APRIL 20, 2016
AMENDED IN ASSEMBLY APRIL 13, 2015
INTRODUCED BY Assembly Member Jones
(Coauthor: Assembly Member Waldron)
FEBRUARY 26, 2015
An act to amend, repeal, and add Section 9880.1 of the Business
and Professions Code, relating to automotive repair.
LEGISLATIVE COUNSEL'S DIGEST
AB 873, Jones. Automotive repair.
Existing law, the Automotive Repair Act, the violation of which is
a crime, establishes the Bureau of Automotive Repair under the
supervision and control of the Director of Consumer Affairs. Existing
law regulates the business of automotive repair 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, except repairing
tires, changing tires, lubricating vehicles, installing light bulbs,
batteries, windshield wiper blades, and other minor services.
Existing law defines "automotive technician" as a dealer, or a
person employed by a dealer, who performs maintenance, diagnostics,
repair, removal or installation of specified integral automotive
components, but excluding minor services, as set forth above.
This bill would require the director to adopt regulations prior to
January 1, 2018, defining "minor services" for these purposes.
This bill would, until January 1, 2018, include installation of
propulsive batteries in the definition of "repair of motor vehicles."
This bill, commencing January 1, 2018, would recast the definition
of "repair of motor vehicles" to delete the listing of the various
types of excluded minor services and to specify that minor services
do not include the changing of propulsive batteries, and also would
exclude roadside services, as defined. The bill would similarly
recast the definition of "automotive technician" to delete these
references and to delete provisions describing the specific work to
be performed by an automotive technician. The bill, commencing
January 1, 2018, would include the services performed by an operator
of a tow truck owned or operated by a person or entity enrolled in
the Basic Inspection of Terminals program, as specified, in the
definition of "roadside services."
This bill would provide that the regulations adopted by the
director, prior to January 1, 2018, defining "minor services"
continue in effect on and after January 1, 2018.
Because the failure of a person installing propulsive batteries to
register as a repair dealer or technician with the bureau would
constitute a crime, the bill would impose 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.
The bill would make the operation of its provisions contingent
upon the enactment of SB 778 of the 2015-16 Regular Session.
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) "Chief" means the Chief of the Bureau of Automotive Repair.
(c) "Bureau" means the Bureau of Automotive Repair.
(d) "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.
(e) "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
repairing tires, changing tires, lubricating vehicles, installing
light bulbs, batteries, except propulsive batteries, windshield wiper
blades and other minor accessories, cleaning, adjusting, and
replacing spark plugs, replacing fan belts, oil, and air filters, and
other minor services, which the director, by regulation, determines
are customarily performed by gasoline service stations.
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.
(f) "Person" includes firm, partnership, association, limited
liability company, or corporation.
(g) 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 excluding repairing tires, changing tires, lubricating
vehicles, installing light bulbs, batteries, except propulsive
batteries, windshield wiper blades, and other minor accessories;
cleaning, replacing fan belts, oil and air filters; and other minor
services which the director, by regulation, determines are
customarily performed by a gasoline service station.
(h) "Director" means the Director of Consumer Affairs.
(i) "Commercial business agreement" means an agreement, whether in
writing or oral, entered into between a business or commercial
enterprise and an automobile repair dealer, prior to the repair which
is requested being made, which agreement contemplates a continuing
business arrangement under which the automobile 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.
(j) "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.
(k) Prior to January 1, 2018, the director shall adopt
comprehensive regulations defining "minor services" as used in this
section.
(l) This section shall remain in effect only until January 1,
2018.
SEC. 2. Section 9880.1 is added to the Business and Professions
Code, 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) "Chief" means the Chief of the Bureau of Automotive Repair.
(c) "Bureau" means the Bureau of Automotive Repair.
(d) "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.
(e) (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, minor services as
determined through regulations adopted by the director, and roadside
services.
(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. Minor services shall not include the
changing of propulsive batteries.
(f) "Person" includes firm, partnership, association, limited
liability company, or corporation.
(g) An "automotive technician" is an employee of an automotive
repair dealer or is that dealer, who for salary or wage repairs motor
vehicles as set forth in subdivision (e).
(h) "Director" means the Director of Consumer Affairs.
(i) "Commercial business agreement" means an agreement, whether in
writing or oral, entered into between a business or commercial
enterprise and an automobile repair dealer, prior to the repair which
is requested being made, which agreement contemplates a continuing
business arrangement under which the automobile 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.
(j) "Roadside services" means the services performed upon a motor
vehicle for the purpose of transporting the vehicle or to permit it
to be operated under its own power, by or on behalf of a motor club
holding a certificate of authority 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, that is owned or operated by a person or entity who
possesses a valid motor carrier permit, as described in Section 34620
of the Vehicle Code, and is enrolled in the Basic Inspection of
Terminals program, as described in Section 34501.12 of the Vehicle
Code.
(k) "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.
(l) The regulations adopted by the director, prior to January 1,
2018, defining "minor services" for the purposes of this section
shall continue in effect on and after January 1, 2018. The director
may, thereafter, amend or repeal those regulations, as he or she
deems necessary and consistent with this chapter.
(m) This section shall become operative January 1, 2018.
SEC. 3. 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.
SEC. 4. This act shall become operative only if Senate Bill 778 of
the 2015-16 Regular Session, relating to professions and vocations,
is enacted and becomes effective on or before January 1, 2017.
