Bill Text: MI SB0357 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Occupations; vehicles, dealers and repair facilities; breath alcohol ignition interlock mechanics and servicers; include in motor vehicle service and repair act. Amends secs. 2 & 10 of 1974 PA 300 (MCL 257.1302 & 257.1310) & adds secs. 6a & 10a. TIE BAR WITH: SB 0176'15
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-03-09 - Assigned Pa 0033'16 With Immediate Effect [SB0357 Detail]
Download: Michigan-2015-SB0357-Engrossed.html
SB-0357, As Passed House, February 17, 2016
SUBSTITUTE FOR
SENATE BILL NO. 357
A bill to amend 1974 PA 300, entitled
"Motor vehicle service and repair act,"
by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section
2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA
366, and by adding sections 6a and 10a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
"Administrator" means the secretary of state or any person
individual
designated by him or her the secretary of state to act
in his or her place.
(b) "BAIID mechanic" means a specialty mechanic who holds a
certification from the department under section 10 to perform BAIID
service.
(c) "BAIID service" means the installation, removal, repair,
or other servicing of breath alcohol ignition interlock devices.
(d) "Breath alcohol ignition interlock device" or "BAIID"
means that term as defined in section 20d of the Michigan vehicle
code, 1949 PA 300, MCL 257.20d.
(e) (b)
"Department" means the
department of state.
(f) (c)
"Master mechanic" means a
motor vehicle mechanic or
specialty
mechanic who is certified by the department pursuant to
under this act in all of the specific repair or service categories
described in section 10(1).
(g) (d)
"Motor vehicle" means a
vehicle which that is self-
propelled,
a vehicle which that is propelled by electric power, a
motorcycle, or a trailer, as those terms are defined in the
Michigan
vehicle code, Act No. 300 of the Public Acts of 1949, as
amended,
being sections 257.1 to 257.923 of the Michigan Compiled
Laws.
1949 PA 300, MCL 257.1 to
257.923. For the purposes of this
act, a motor vehicle does not include the dwelling or sleeping
portions of a motor home, trailer, or any recreational vehicle
having
that has similar facilities which that are
not directly
connected with the drive mechanism of the vehicle or other areas of
repair
which that would require certification of motor vehicle
mechanics
as specified in this act or rules promulgated pursuant to
under this act.
(h) (e)
"Motor vehicle mechanic"
means a technician , or
other
individual ,
or other person who, for
compensation, repairs motor
vehicles, including the reconditioning, replacement, adjustment, or
alteration of the operating condition, of any component or
subassembly of a motor vehicle.
(i) (f)
"Mechanic trainee" means a
person an individual who
desires to become a motor vehicle mechanic, a specialty mechanic,
or a master mechanic and receives a permit from the administrator
pursuant
to under this act.
(j) (g)
"Motor vehicle repair
facility" means a place of
business
which engages that, for
compensation, is engaged in the
business
of performing, or employing persons employs individuals
who
perform, maintenance, diagnosis, vehicle body work, or repair
service, or, beginning July 1, 2016, BAIID service, on a motor
vehicle
for compensation. , but excluding all The term does not
include any of the following:
(i) A person An individual who engages
only in the business of
repairing the motor vehicles of a single commercial or industrial
establishment or governmental agency.
(ii) A person An individual who is repairing
his or her own or
a family member's car.
(iii) A business that does not diagnose the operation of a
motor vehicle, does not remove parts from a motor vehicle to be
remachined, and does not install finished machined or remachined
parts on a motor vehicle, not including a motor vehicle repair
facility that engages in the business of performing or employing
persons who perform vehicle body work.
(iv) A BAIID facility described in section 625k(14)(d) of the
Michigan vehicle code, 1949 PA 300, MCL 257.625k.
(k) (h)
"Specialty mechanic"
means a motor vehicle mechanic
who is certified by the department for a specific repair or service
category
or categories pursuant to this act.described in section
10(1).
Sec. 6a. (1) A motor vehicle repair facility shall not provide
BAIID service without the approval of the department under this
section and under section 625k of the Michigan vehicle code, 1949
PA 300, MCL 257.625k.
(2) The department may approve a motor vehicle repair facility
as a facility that is authorized to perform BAIID service, or renew
an approval under this section, if all of the following
requirements are met:
(a) The facility operates at a fixed location in this state.
(b) The facility employs at least 1 mechanic who holds a
specialty certification in BAIID service under section 10(1) and
who is properly trained as a BAIID technician by the BAIID
manufacturer for which the facility is a vendor.
(c) The facility maintains and makes available for inspection
records that prove that each mechanic who holds a specialty
certification in BAIID service under section 10(1) and is employed
by the facility is properly trained by the BAIID manufacturer to
service the BAIID for which the facility is a vendor.
(d) The facility provides a designated waiting area for
customers that is separate from the area in which BAIID service is
performed.
(e) Only a mechanic who holds a specialty certification in
BAIID service under section 10(1), a representative of the
manufacturer, or a representative of the department is allowed to
observe the installation or removal of a BAIID.
Senate Bill No. 357 as amended February 17, 2016
(f) The facility takes adequate security measures to ensure
that unauthorized personnel cannot gain access to proprietary
materials or files of any BAIID manufacturer for which the facility
is a vendor.
(g) The facility informs the department of any change in its
business address at least 15 days before the date of any
relocation.
(h) An application for approval is for a single location. A
separate application for approval is required for each location at
which the facility will provide BAIID service.
(i) If requested by the department, the facility allows the
department to conduct an on-site evaluation to ensure compliance
with the requirements in this act.
(3) The term of an original or renewal approval of a motor
vehicle repair facility under this section is 1 year.
(4) The department may conduct an inspection of a motor
vehicle repair facility that provides BAIID service to ensure
compliance with this act and section 625k of the Michigan vehicle
code, 1949 PA 300, MCL 257.625k, and rules promulgated to implement
this act and that section. The motor vehicle repair facility shall
pay for the actual costs to the department in conducting an
inspection under this subsection.
Sec.
10. (1) A person [Subject to subsection (3), an] individual
may become certified as a
specialty
mechanic if that person has passed he or she passes an
examination, developed by the administrator or developed by a
private entity and adopted by the administrator, that the
administrator
determines is an adequate test of a person's an
Senate Bill No. 357 as amended February 17, 2016
individual's ability to perform certain types of motor vehicle
repair. The repair or service categories for which certification is
required
include the following and others that may be specified any
others specified by the administrator by rule:
(a) Engine repair.
(b) Automatic transmission repair.
(c) Manual transmission and rear axle repair.
(d) Front end repair.
(e)
Brakes.Repair of brakes.
(f) Electrical systems repair.
(g) Heating and air conditioning repair.
(h) Engine tune-up.
(i)
Pre-1973 motor vehicle , subject to subsection (3).repair.
[(j) BAIID service. ]
(2)
A person An individual may apply for a specialty
mechanic's
certificate in any or all repair categories but shall be
he
or she is required to pay only 1
certification fee if the person
he or she makes the applications for more than 1 category at 1
time.
[(3) On application, the department shall issue an initial specialty mechanic's certificate in BAIID service, without examination, to an individual who holds a valid specialty mechanic's certificate in electrical systems repair on the effective date of the amendatory act that added this subsection.
(4)] Within 90 120 days after the effective
date of the
amendatory
act that added this subsection, section
10a, the
administrator shall develop or adopt an examination for specialty
mechanic certification in the repair or service category described
in
subsection (1)(i) (1)(j) for an individual who is engaged, for
compensation,
in the repair of a motor vehicle manufactured before
1973
or the reconditioning, replacement, adjustment, or alteration
of
the operating condition of any component or subassembly of a
Senate Bill No. 357 as amended February 17, 2016
motor
vehicle manufactured before 1973.BAIID
service.
[(5)]
A person An individual may apply for and receive a master
mechanic's
certificate if that person he
or she is qualified as a
specialty mechanic in all categories of motor vehicle repair
described
in subsection (1), except that the qualification in a
specialty category described in subsection (1)(i) or (j) is not
necessary for a master mechanic's certificate.
Sec. 10a. (1) Beginning July 1, 2016, an individual shall not
perform BAIID service in this state unless he or she has a
specialty mechanic's certificate in BAIID service from the
department under section 10 and certification as a BAIID installer
under section 625k of the Michigan vehicle code, 1949 PA 300, MCL
257.625k.
(2) A BAIID mechanic shall perform BAIID service in a
workmanlike manner and, in performing BAIID service, shall comply
with the requirements of this section, the standards described in
section 625k of the Michigan vehicle code, 1949 PA 300, MCL
257.625k, and the requirements of the BAIID manufacturer.
(3) A motor vehicle repair facility and BAIID mechanic shall
ensure that a BAIID that is installed is in working order; that it
performs in a manner that meets the requirements of this section
and the standards described in section 625k of the Michigan vehicle
code, 1949 PA 300, MCL 257.625k; and that all connections are
soldered and covered with a tamper seal.
(4) When he or she completes the installation of a BAIID, a
BAIID mechanic shall provide the customer with written installation
verification. The department shall establish the form and format of
this verification.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 176 of the 98th Legislature is enacted into
law.
