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.
Assembly Bill 1901 (Chen, Chapter 364, Statutes of 2024) was signed by the governor on September 22, 2024. This bill authorizes an insurance company to direct a salvage pool or occupational licensee to release a vehicle that is the subject of a total loss claim to the owner or lienholder of the vehicle after notice from the insurance company authorizing the release. The bill requires the salvage pool or occupational licensee to send notices to the vehicle’s owner informing them of their right to pick up the vehicle from the salvage pool or occupational licensee within a specified time frame before the vehicle is deemed abandoned and the vehicle’s certificate of title to be assigned to the salvage pool or occupational licensee of the department.
Senate Bill 1526 (Ashby, Chapter 497, Statutes of 2024) was signed by the governor on September 22, 2024. This bill makes various technical, non-substantive changes relating to DCA programs including BAR. It updates the term, “bureau-approved educational certifications” to “bureau-accepted educational certifications.” This change more accurately reflects the process that the Bureau uses to recognize other types of educational certifications for automotive repair dealers (ARDs) that are not nationally recognized and industry accepted. When an ARD submits their educational certifications with an initial or renewal application, the Bureau will add this information to its online Auto Shop Locator.
Regulations
For complete information on regulatory actions, or to learn more about future opportunities for public participation, see Regulatory actions.
Regulations adopted in 2024
Vehicle Safety Systems Inspection Program
This regulatory proposal was approved by the Office of Administrative Law (OAL) and filed with the Secretary of State on March 27, 2024. The new regulations, which also took effect on March 27, 2024, created a new Vehicle Safety Systems Inspection Program. The program establishes procedures and program requirements in a Vehicle Safety Systems Inspection Manual, creates license requirements for vehicle safety systems inspection stations and technicians, and sunsets the lamp and brake inspection programs six months after adoption of the regulations. For additional information, see Vehicle safety systems inspections begin statewide.
Updated Smog Check Inspection Equipment and Station Requirements (DAD 2.0)
This regulatory proposal was approved by OAL and filed with the Secretary of State on May 28, 2024. The new regulations, which took effect on July 1, 2024, replace the current On-Board Diagnostic Data Acquisition Device (DAD) specification with a more comprehensive version that includes additional tools to combat Smog Check fraud. The new specification also allows the DAD to communicate with new vehicles that use a communication protocol not supported by the current generation of Bureau-certified DADs. For additional information, see Cal-VIS updates.
Consumer Assistance Program Incentive Increases
This regulatory proposal was approved by OAL and filed with the Secretary of State on September 4, 2024. The new regulations, which take effect on January 1, 2025, increases vehicle retirement program incentives for low-income drivers from $1,500 to $2,000. It also increases incentives for other motorists from $1,000 to $1,350. It increases repair assistance contributions from $900 to $1,100 for 1995 and older vehicles and from $1,200 to $1,450 for 1996 and newer vehicles. It allows the Bureau to increase vehicle retirement incentives and repair assistance contributions every three years if the Consumer Price Index rises by at least 10%. It also allows applicants to apply for the repair assistance program more than once. Finally, it unincorporates the CAP application and lists the application requirements in regulation.
Pending regulation packages
Smog Check Readiness Monitor Limits
This regulatory proposal would prohibit a vehicle from passing an On-Board Diagnostic II (OBD-II) inspection if the vehicle's OBD-II system reports a “not-complete” readiness status for gasoline-powered vehicles model-years 1996 and newer and diesel-powered vehicles model-years 1998 and newer. It would also remove outdated subdivisions.
Status: The regulatory package was submitted to the Business, Consumer Services and Housing Agency (Agency) for review and approval.
Tear Down Disclosure Requirements for Automotive Repair Dealers
This regulatory proposal would add and amend definitions relating to disclosure requirements for ARDs. It clarifies requirements for estimate work orders if a vehicle requires a tear down. It also requires ARDs to include payment amounts of third-party payors on the estimate prior to authorization of work.
Status: The regulatory package was submitted to Agency for review and approval.
Storage and Towing Fees Charged by Automotive Repair Dealers
This regulatory proposal would bring together existing laws governing storage and towing fees from the business and professions, civil, insurance, and vehicle codes under one unified regulatory section. The proposed regulations provide that:
- Fees charged for the storage and towing of a motor vehicle shall be reasonable.
- When an ARD may charge storage fees and where the vehicle can be stored.
- An ARD must provide an itemized estimate and invoice for storage and towing fees.
- An ARD who provides storage services shall post their current daily storage fee rate in an area frequented by customers and provide the Bureau with their daily storage rate annually when renewing their registration.
- An ARD who provides towing services shall display the Towing and Storage Fees Access Notice in an area of the business that is in plain view of the public. They must also have copies of the notice available to the public.
Status: Workshops to discuss the regulations were held on April 25 and July 18, 2024. A third regulatory workshop is planned for October 17, 2024. For workshop materials, see Public workshops.