Bill Text: CA AB1665 | 2013-2014 | Regular Session | Enrolled
Bill Title: Automotive repair.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB1665 Detail]
Download: California-2013-AB1665-Enrolled.html
BILL NUMBER: AB 1665 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 20, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Jones
(Coauthor: Assembly Member Mullin)
(Coauthor: Senator Lieu)
FEBRUARY 12, 2014
An act to amend Section 9880.1 of, and to add Section 9884.75 to,
the Business and Professions Code, relating to automotive repair.
LEGISLATIVE COUNSEL'S DIGEST
AB 1665, 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 dealer that repairs tires or changes tires 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.
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; cleaning, replacing fan belts, oil, and
air filters.
(4) 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) "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.
SEC. 2. Section 9884.75 is added to the Business and Professions
Code, to read:
9884.75. An automotive repair dealer that repairs tires or
changes tires 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.
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.
