AB 3141: Bureau of Automotive Repair: automotive repair dealers: maintenance and services.

(1)Existing law, the Automotive Repair Act, provides for the licensure and regulation of automotive repair dealers. Under existing law, there is a Bureau of Automotive Repair, which is under the supervision of the Director of Consumer Affairs. Existing law vests the duty of enforcing and administering that act in the Chief of the Bureau of Automotive Repair and makes the chief responsible to the director. Existing law requires that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2019.

This bill would instead provide that the powers and duties of the bureau be subject to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed on January 1, 2023.

Existing law requires automotive repair dealers to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law defines automotive repair dealer to mean a person who, for compensation, engages in the business of diagnosing and repairing motor vehicles. Existing law defines repair to include all maintenance, except specified functions including minor services. Existing law makes a violation of the Automotive Repair Act, except as specified, punishable as a misdemeanor.

This bill would delete the exceptions and would, instead, exclude roadside services, as defined. The bill would define the term preventative maintenance services to mean checking tire pressure, rotating tires, changing transmission fluid and filters, and other related services. The bill would specify that a written estimate is not required for an automotive repair dealer to perform preventative maintenance services, if the customer authorizes the service and either the service is performed free of charge or the total price for labor and parts necessary to perform the service is displayed conspicuously or is made available to and acknowledged by the customer at the automotive repair facility where the service is performed. The bill would reorganize the definition of terms for purposes of the act, and would make conforming changes. By expanding the scope of a crime to apply to additional automotive repair activities, the bill would impose a state-mandated local program.

(2)Existing law authorizes the Bureau of Real Estate to obtain copies of fullface engraved pictures or photographs of individuals directly from the Department of Motor Vehicles for purposes of enforcing specified laws. Existing law also authorizes the city attorney of a city and county and his or her investigators to obtain copies of these records directly from the department for purposes of performing functions related to city and county operations.

This bill would authorize the Bureau of Automotive Repair to obtain copies of the records described above directly from the department for purposes of enforcing the Automotive Repair Act and the Motor Vehicle Inspection Program.

(3)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.