Bureau of Automotive Repair: administration: citations: safety inspections.

(1) Existing law, the Automotive Repair Act (act) , provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair (bureau) in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified, and may subject a licensee to disciplinary action, including license suspension or revocation. Existing law authorizes the Director of Consumer Affairs (director) to adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declare the policy of the bureau, including a system for the issuance of citations for violations of the act. Existing law also subjects the bureau to review by the appropriate policy committees of the Legislature, as specified, and requires that review to be performed as if the act were scheduled to be repealed on January 1, 2023. This bill would extend the above-described date to January 1, 2024. The bill also would, on or after July 1, 2023, authorize the director to include in the citation system a process for informal review of and recommendation on citations, including the establishment of an informal citation conference, as specified. (2) Existing law requires the bureau and other state licensing entities to disclose on the internet certain information related to enforcement actions the state licensing entity has taken against its licensees, including auto repair dealers. This bill would, until July 1, 2026, authorize the director to establish a process for an automotive repair dealer, upon successful completion of a specified remedial training, to prevent disclosure of the citation on the internet but would preclude the use of remedial training if the violation constitutes fraud, as defined. The bill would require the director to establish through regulation a program to certify providers of that training. (3) Existing law prohibits a person who is required to have a valid registration under the act from having the benefit of any lien for labor or materials or the right to sue on a contract for motor vehicle repairs unless the person has a valid registration. This bill would specify that the benefit of any lien for labor or materials includes the ability to charge storage fees. (4) Existing law requires an automotive repair dealer to register with the director upon forms prescribed by the director that contain sufficient information to identify the automotive repair dealer, including, among other things, the address of each location and the dealer's retail seller's permit number if a permit is required by law. Under existing law, the forms are required to include a statement signed by the dealer under penalty of perjury that the information provided is true. This bill would recast and revise those provisions to additionally require the forms to include, among other things, the automotive repair dealer's telephone number, email address, and motor vehicle license plate number if engaged in mobile automotive repairs. By requiring an automotive repair dealer to provide additional items of information to the director under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program. (5) Existing law requires the director to adopt regulations that prescribe the equipment and other qualifications as a condition to licensing a station as an official station for adjusting lamps or brakes and to prescribe the qualifications of adjusters employed in those stations. Existing law requires a licensed adjuster in a licensed station to issue a certificate of adjustment when requested by the owner or driver of the vehicle if the adjuster determines that the lamps or the brakes of the vehicle conform with the applicable requirements of law. Under existing law, a violation of the provisions regulating lamp and brake adjusting stations is an infraction. This bill would require the director to issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The bill would require the director to develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. The bill would require the director to adopt regulations by January 1, 2024, including, but not limited to, the application fee and process for applicants and the certification process for vehicles, as specified. This bill would provide that the vehicle safety systems inspection license replaces licenses issued pursuant to the existing provisions governing the licensure of lamp and brake adjusting stations and adjusters and would repeal those provisions on the effective date of the new regulations. The bill would also provide that licenses and certificates issued pursuant to those repealed provisions would remain valid for 6 months thereafter. Because a violation of these provisions would be an infraction, the bill would create a state-mandated local program. (6) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (7) 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.