Legislation and Regulations Update
Legislation
Recently chaptered legislation related to the Bureau of Automotive Repair (Bureau or BAR) and/or its licensees is listed below. For further information regarding legislative proposals, BAR recommends contacting one of the several trade associations that represent the automotive repair industry or visiting www.leginfo.legislature.ca.gov.
Sunset Review Bill
AB 1263 (Berman, Chapter 681, Statutes of 2023) was signed by the governor on October 10, 2023. The bill extends BAR’s sunset date to January 1, 2028, as well as the following:
Amends the definition of “automotive repair dealer” (ARD) to additionally include a person who engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees.
Authorizes BAR to adopt regulations to clarify the authority to regulate storage fees charged by ARDs consistent with provisions of the Vehicle Code and Civil Code.
Authorizes BAR to establish a centralized testing network for inspecting model year 1995 and older vehicles that require a BAR-97 inspection, which may include subcontracted licensed Smog Check stations.
Authorizes the Bureau, beginning no earlier than January 1, 2025, to establish a centralized testing network to perform Smog Check inspections on vehicles without second generation onboard diagnostic systems (i.e., non-OBD II vehicles, or 1996-1999 model year vehicles).
Specifies that it is the intent of the Legislature that the Bureau continue to maintain the BAR Advisory Group to advise the Bureau on regulatory issues and programs affecting the automotive repair industry.
Provides that any employee of an ARD who was involved in the violation resulting in the Bureau’s issuance of the citation also may be required to attend remedial training with the ARD to prevent disclosure of the citation on BAR’s website.
Provides that, for purposes of the provisions relating to the Smog Check Program, the term “qualified Smog Check technician” refers to both Smog Check (repair) technicians and Smog Check inspectors.
Requires the Smog Check Performance Report to be completed biennially rather than annually.
Provides that a fraudulent inspection additionally includes clean plugging, clean gassing, clean tanking, or any other fraudulent inspection practice.
Makes technical cleanup updates to the Business and Professions Code and Vehicle Code to transition the lamp and brake programs to the Vehicle Safety Systems Inspection Program pursuant to AB 471 (Low, Chapter 372, Statutes of 2021).
Requires the seller of a salvaged vehicle to provide the purchaser a valid vehicle safety systems certificate prior to, or at the time of, delivery for sale.
Catalytic Converter Bills
AB 641 (Fong, Chapter 537, Statutes of 2023) was signed by the governor on October 8, 2023. The bill revises the definition of automobile dismantler to include a person who keeps or maintains on property owned by the person, or under their possession or control: (1) two or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways; or (2) six or more used catalytic converters that have been cut from a motor vehicle using a sharp implement.
AB 1519 (Bains, Chapter 847, Statutes of 2023) was signed by the governor on October 13, 2023. The bill prohibits any person from removing or altering the vehicle identification number (VIN) that has been added to a catalytic converter, or from knowingly possessing three or more catalytic converters that have been so altered.
SB 55 (Umberg, Chapter 858, Statutes of 2023) was signed by the governor on October 13, 2023. The bill prohibits a dealer or retailer from selling a new or used motor vehicle (including motorcycles) equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the VIN of the vehicle to which it is attached. This bill, until January 1, 2025, exempts from this prohibition a vehicle purchased from a dealer licensed in California who is also licensed in another state and does not have a warranty service facility in California.
Other Legislation
SB 544 (Laird, Chapter 216, Statutes of 2023) was signed by the governor on September 22, 2023. The bill allows DCA boards and bureaus to continue conducting single-site physical meetings without providing electronic public access and allow these regulatory bodies to conduct virtual meetings by either telephone or online platform under certain conditions.
Regulations
For complete information on pending and approved regulatory actions, or to learn more about future opportunities for public participation, visit BAR’s Regulatory Actions webpage.
Regulations Adopted in 2023
Citation and Remedial Training Programs for Automotive Repair Dealers
This regulatory proposal was approved by the Office of Administrative Law (OAL) and filed with the Secretary of State on May 31, 2023. The new regulations, which took effect on July 1, 2023, expand BAR’s citation program to include ARD violations of the Automotive Repair Act. The program includes an informal appeal process for ARD citations and a three-member panel (composed of one representative each from BAR, the public, and the automotive repair industry) to review informal appeals. In addition, the program allows an ARD receiving a citation for a minor violation to, once every 18 months, take remedial training to prevent disclosure of the citation on BAR’s website.
Automotive Repair Dealer Registration Application Requirements
This regulatory proposal was approved by OAL and filed with the Secretary of State on May 1, 2023. The new regulations, which took effect on July 1, 2023, define nationally recognized and industry-accepted educational certifications, establish a process for BAR to review and approve of educational certifications, establish a process for recognizing educational certifications on the ARD application, and require ARD applicants to provide an email address.
Pending Regulation Packages
Automotive Repair Dealer Registration Renewal Requirements
This regulatory proposal: (1) requires ARDs to renew registration on forms prescribed by BAR, (2) specifies that ARD registration shall expire within one year from the last date of the month unless the registrant provides all necessary information, and (3) specifies that upon renewal, ARDs shall provide all newly required information—such as email addresses and educational certifications pursuant to AB 471—and notify the Bureau of any change of information since their last renewal.
Status: The notice of Proposed Regulatory Action was published in the Notice Register on July 28, 2023, initiating the public comment period which ended on September 12, 2023. These regulations are expected to be adopted and filed with the Secretary of State with a January 1, 2024 effective date.
Vehicle Safety Systems Inspection Program
This regulatory proposal creates a new Vehicle Safety Systems Inspection Program, which establishes procedures and program requirements in a Vehicle Safety Systems Inspection Manual, creates license requirements for vehicle safety systems inspection/repair stations and technicians, and sunsets the lamp and brake inspection programs six months after adoption of the regulations.
Status: BAR continues to work with the Department of Consumer Affairs to prepare the package for approval by the Business, Consumer Services and Housing Agency and noticing with OAL to begin the official public comment period. These regulations are expected to be filed with the Secretary of State by December 31, 2023. For additional information, refer to the Vehicle Safety Systems Program Update article.