Regulations Update

The following are updates on several regulatory proposals. For more information on these proposals, or to learn about future opportunities for public participation, visit the Regulatory Actions page at www.bar.ca.gov.

Electronic Documentation and Authorization

BAR has developed proposed regulations that would allow for electronic estimates and authorizations to be used in transactions between Automotive Repair Dealers (ARDs) and consumers. The proposed regulations also clarify current language and reorganize estimate, work order, and invoice provisions to more closely align with automotive repair transactions.

A public hearing was held on September 26, 2017. After reviewing comments submitted during the 45-day public comment period, BAR issued a 15-day notice for public comment on revisions to the regulation text on November 3, 2017. BAR issued notices for two subsequent 15-day public comment periods, the last of which ended on January 25, 2018. The final rulemaking file is under review at the Department of Consumer Affairs (DCA) and is expected to be submitted to the Office of Administrative Law (OAL) in Spring 2018, with a request for immediate adoption upon approval. An Updated Informative Digest and Final Statement of Reasons, which will include responses to all comments received during the public comment periods, will be published upon filing with the Secretary of State's Office.

BAR-97 Emissions Inspection System (EIS) Update

This proposed regulation would remove the requirement for a dedicated phone line to connect an EIS to the Vehicle Information Database (VID). Instead, the EIS would connect to the VID over a secure Internet connection. This regulation change would also require the use of a BAR-97 device certified to an updated specification that includes the integration of the Low Pressure Fuel Evaporative Tester (LPFET) into the EIS.

A Notice of Proposed Action was filed with OAL on December 29, 2017. BAR held a public hearing on February 12, 2018, as part of the 45-day public comment period. The regulation package is under review at DCA and is expected to be submitted to OAL and, upon approval, adopted by Summer 2018. A Final Statement of Reasons, which will include responses to all comments received during the public comment period, will be published upon filing with the Secretary of State's Office. (See related “Get BAR-97 Internet-Ready” article.)


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