CHAPTER 20.3. Automotive Repair [9880. - 9889.68.]
Chapter 20.3 added by Stats. 1971, Ch. 1578.
§§ 9880–9889.68 · 79 sections
ARTICLE 1. General Provisions §§ 9880–9880.5 · 6 sections
- § 9880 This chapter constitutes the chapter on automotive repair dealers. It may be cited as the Automotive Repair Act.
- § 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…
- § 9880.2 The following persons are exempt from the requirement of registration: (a) An employee of an automotive repair dealer if the employee repairs motor vehicles…
- § 9880.3 Protection of the public shall be the highest priority for the Bureau of Automotive Repair in exercising its licensing, regulatory, and disciplinary functions.…
- § 9880.4 The Legislature finds and declares all of the following: (a) The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of…
- § 9880.5 (a) As used in this chapter, the following definitions apply: (1) “Federally recognized tribe” means a tribe located in this state and included on the list…
ARTICLE 2. Administration §§ 9882–9882.14 · 8 sections
- § 9882 (a) (1) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing…
- § 9882.1 The director in accordance with the State Civil Service Act, Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code, may…
- § 9882.2 The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the…
- § 9882.3 Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant…
- § 9882.4 The director shall keep a complete record of all registered automotive repair dealers showing the names and addresses of all such dealers. A copy of the roster…
- § 9882.5 The director shall on his or her own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of this…
- § 9882.6 (a) There is in the department an enforcement program that shall investigate violations of this chapter and the Motor Vehicle Inspection and Maintenance…
- § 9882.14 (a) The bureau shall cooperate with the Office of Traffic Safety and adopt standards for the installation, maintenance, and servicing of certified ignition…
ARTICLE 3. Registration Procedure §§ 9884–9884.22 · 24 sections
- § 9884 (a) An automotive repair dealer shall pay the fee required by this chapter for each place of business operated by the dealer in this state and shall register…
- § 9884.1 Any business maintaining more than one automotive repair facility shall be permitted to file a single application annually, which along with the other…
- § 9884.2 Upon receipt of the form properly filled out and receipt of the required fee, the director shall issue the registration and send a proof of issuance to the…
- § 9884.3 Every registration shall cease to be valid one year from the last day of the month in which registration was issued unless the automotive repair dealer has…
- § 9884.4 A registration shall cease to be valid when the director finds that any of the information provided by the form specified in Section 9884, which the director…
- § 9884.5 A registration that is not renewed within three years following its expiration shall not be renewed, restored, or reinstated thereafter, and the delinquent…
- § 9884.6 (a) It is unlawful for any person to be an automotive repair dealer unless that person has registered in accordance with this chapter and unless that…
- § 9884.7 (a) The director, if the automotive repair dealer cannot show there was a bona fide error, may deny, suspend, revoke, or place on probation the registration of…
- § 9884.76 Notwithstanding Section 9889.20, an automotive repair dealer who prepares a written estimate for repairs pursuant to Section 9884.9 that includes replacement…
- § 9884.8 All work done by an automotive repair dealer, including all warranty work, shall be recorded on an invoice and shall describe all service work done and parts…
- § 9884.9 (a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job, except as provided in…
- § 9884.10 Upon request of the customer at the time the work order is taken, the automotive repair dealer shall return replaced parts to the customer at the time of the…
- § 9884.11 Each automotive repair dealer shall maintain any records that are required by regulations adopted to carry out this chapter. Those records shall be open for…
- § 9884.12 All proceedings to deny, suspend, revoke, or place on probation a registration shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part…
- § 9884.13 The expiration of a valid registration shall not deprive the director or chief of jurisdiction to proceed with any investigation or disciplinary proceeding…
- § 9884.14 The superior court in and for the county wherein any person carries on, or attempts to carry on, a business as an automotive repair dealer or as a mechanic in…
- § 9884.15 The director may file charges with the district attorney or city attorney against any automotive repair dealer who violates the provisions of this chapter or…
- § 9884.16 (a) A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials,…
- § 9884.17 The bureau shall design and approve of a sign which shall be placed in all automotive repair dealer locations in a place and manner conspicuous to the public.…
- § 9884.18 Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against an automotive repair dealer by an individual.
- § 9884.19 The bureau may adopt, amend or repeal in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the…
- § 9884.20 All accusations against automotive repair dealers shall be filed within three years after the performance of the act or omission alleged as the ground for…
- § 9884.21 (a) Notwithstanding any other provision of law, the director may, in his or her sole discretion, issue a probationary registration to an applicant subject to…
- § 9884.22 (a) Notwithstanding any other provision of law, the director may revoke, suspend, or deny at any time any registration required by this article on any of the…
ARTICLE 4. Revenue §§ 9886–9886.4 · 5 sections
- § 9886 All fees and revenues collected pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code…
- § 9886.1 The director shall report to the Controller at the beginning of each month, for the month preceding, the amount and source of all fees and revenues received by…
- § 9886.2 The money in the Vehicle Inspection and Repair Fund necessary for the administration of this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of…
- § 9886.3 The fees prescribed by this chapter shall be set by the director in an amount estimated to provide for the administration of this chapter within the limits of…
- § 9886.4 All salaries, expenses, or costs incurred or sustained pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the…
ARTICLE 5. Licenses §§ 9887.1–9887.5 · 5 sections
- § 9887.1 The director shall have the authority to issue licenses for official lamp and brake adjusting stations and shall license lamp and brake adjusters. The licenses…
- § 9887.2 Each application for a new or renewal license shall be accompanied by a fee of ten dollars ($10) for a new license or five dollars ($5) for a renewal license.…
- § 9887.3 (a) Licenses issued by the director shall not be transferable. (b) In the event of a change of name of a licensee, not involving a change of ownership, or of a…
- § 9887.4 It is unlawful to violate any regulation adopted by the director pursuant to Articles 5, 6, and 7 of this chapter.
- § 9887.5 This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5…
ARTICLE 6. Lamp and Brake Adjusting Stations §§ 9888.1–9888.4.1 · 5 sections
- § 9888.1 As used in this chapter: (a) “Station” means a lamp adjusting station or a brake adjusting station. (b) “Licensed station” means a station licensed by the…
- § 9888.2 The director shall adopt regulations which prescribe the equipment and other qualifications of any station as a condition to licensing the station as an…
- § 9888.3 No person shall operate an “official” lamp or brake adjusting station unless a license therefor has been issued by the director. No person shall issue, or…
- § 9888.4 An owner of a fleet of three or more vehicles who is not an interstate carrier may be licensed by the director as a licensed station, if the owner complies…
- § 9888.4.1 This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5…
ARTICLE 6.5. Vehicle Safety Systems Inspection §§ 9888.5–9888.6 · 2 sections
- § 9888.5 (a) The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and…
- § 9888.6 (a) A licensee shall issue to the owner or driver of a vehicle a certificate of compliance on a form prescribed by the director if, after conducting an…
ARTICLE 7. Denial, Suspension and Revocation §§ 9889.1–9889.10 · 10 sections
- § 9889.1 Any license issued pursuant to Article 6.5 (commencing with Section 9888.5) may be suspended or revoked by the director. The director may refuse to issue a…
- § 9889.2 The director may deny a license if the applicant or any partner, officer, or director thereof: (a) Fails to meet the qualifications established by the bureau…
- § 9889.3 The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee or any partner, officer, or…
- § 9889.4 A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The director…
- § 9889.5 The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following: (a) Imposing probation upon…
- § 9889.6 Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the…
- § 9889.7 The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a…
- § 9889.8 All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with…
- § 9889.9 When any license has been revoked or suspended following a hearing under the provisions of this article, any additional license issued under Article 6.5…
- § 9889.10 After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the…
ARTICLE 8. Lamp and Brake Adjustment Certificates §§ 9889.15–9889.19.1 · 4 sections
- § 9889.15 As used in this article, “station,” “licensed station,” and “licensed adjuster” have the same meaning as defined in Article 6 (commencing with Section 9888.1).
- § 9889.16 Whenever a licensed adjuster in a licensed station upon an inspection or after an adjustment, made in conformity with the instructions of the bureau,…
- § 9889.19 The director may charge a fee for lamp and brake adjustment certificates furnished to licensed stations. The fee charged shall be established by regulation and…
- § 9889.19.1 This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5…
ARTICLE 9. Penalties §§ 9889.20–9889.22 · 3 sections
- § 9889.20 Except as otherwise provided in Section 9889.21, any person who fails to comply in any respect with the provisions of this chapter is guilty of a misdemeanor…
- § 9889.21 (a) Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is… see note
- § 9889.22 The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or…
ARTICLE 10. Used Tires § 9889.30 · 1 section
- § 9889.30 (a) (1) Subject to subdivision (b), an automotive repair dealer shall not install an unsafe used tire on a motor vehicle for use on a highway, as defined in…
ARTICLE 10.5. Auto Body Repair §§ 9889.50–9889.53 · 4 sections
- § 9889.50 The Legislature finds the following: (1) Thousands of California automobile owners each year require repair of their vehicles as a result of collision or other…
- § 9889.51 “Auto body repair shop” means a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or…
- § 9889.52 An application for registration pursuant to Section 9884 shall designate that the applicant is registering as an auto body repair shop if the applicant intends…
- § 9889.53 A check or draft issued to a repairer pursuant to Section 560 of the Insurance Code shall include the repairer’s registration number or taxpayer identification…
ARTICLE 11. Auto Body Repair Study §§ 9889.66–9889.68 · 2 sections
- § 9889.66 The form for registration pursuant to Section 9884 shall contain sufficient information to enable the Bureau of Automotive Repair to identify all registrants…
- § 9889.68 Any auto insurance company check or draft issued to a repairer pursuant to Insurance Code Section 560 shall include the repairer’s registration number or Tax…