Bill Text: CA AB1665 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: AB 1665 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Jones
( Coauthor: Assembly Member
Mullin )
FEBRUARY 12, 2014
An act to amend Section 7525 of the Business and
Professions Code, relating to private investigators
9880.1 of the Business and Professions Code, relating to automotive
repair .
LEGISLATIVE COUNSEL'S DIGEST
AB 1665, as amended, Jones. Private investigators:
license. 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, and
would add tire rotation and adjusting tire pressure to, 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, and would require automotive
repair dealers and tire dealers to check the onboard diagnostic
system of a vehicle manufactured with a TPMS and be capable of
activating and calibrating the TPMS, as specified.
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 check the
onboard diagnostic system of a vehicle manufactured with a TPMS 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.
Existing law, with exceptions, prohibits a person from engaging in
the business of a private investigator without applying for and
obtaining a license to engage in that business. A license application
is required to be on a form prescribed by the Director of Consumer
Affairs and accompanied by the application fee.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
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) Rotating tires.
(2) Adjusting tire air pressure.
(3) 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.
(4) Lubricating vehicles.
(5) Installing light bulbs, batteries, windshield wiper blades,
and other minor accessories.
(6) Cleaning, replacing fan belts, oil, and air filters.
(7) 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.
(b)
(d) "Chief" means the Chief of the Bureau of Automotive
Repair.
(c) "Bureau" means 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.
(d)
(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.
(e)
(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 repairing tires, changing
tires, lubricating vehicles, installing light bulbs, 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. all of the following:
(A) Rotating tires.
(B) Adjusting tire air pressure.
(C) 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.
(D) Lubricating vehicles.
(E) Installing light bulbs, batteries, windshield wiper blades,
and other minor accessories.
(F) Cleaning, adjusting, and replacing spark plugs.
(G) Replacing fan belts, oil, and air filters.
(H) Other minor services that the director, by regulation,
determines are customarily performed by gasoline service stations.
No
(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) (1) "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.
(2) If a vehicle is manufactured with a TPMS, automotive repair
dealers and tire dealers shall check the onboard diagnostic system to
ensure that the TPMS is operative, and they shall be capable of
activating and calibrating the TPMS when necessary in accordance with
industry protocol.
(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, 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.
SEC. 2. 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.
SECTION 1. Section 7525 of the Business and
Professions Code is amended to read:
7525. An application for a license pursuant to this chapter shall
be on a form prescribed by the director and accompanied by the
application fee provided by this chapter.
