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Monday, 27 February 2012 17:08

Two California Bills Attempt to Amend Business and Professions Code

The first of two bills introduced in the California Legislature (SB 1460, Lee, not yet assigned to committee)  would remove the requirement for insurers to disclose aftermarket parts installation and make certified parts adequate for compliance with the Business and Professions Code (Section 9875.1). Currently consumers must be advised in writing that aftermarket parts are being installed.

Lee's bill would require only that such disclosure be made in the consumer's policy statement. The bill also requires certified aftermarket parts vendors or distributors to warrant parts equivalently to OEM, an electronic tracking system to monitor recalls, and a new requirement for reporting defective parts to both the certifying agency and the California's BAR. The bill would also require vendors to provide the body shop with a service guarantee on defective parts which includes a full refund within 60 days.

Galgiani's bill (AB 2065) would amend the  Business and Professions Code to remove tire repair and changing from the list of exclusions to repairing vehicles. Existing law defines the repair of motor vehicles to mean all maintenance of and repairs to motor vehicles, as specified, and excludes from the definition, among other things, repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor services. This bill would delete repairing and changing tires from that exclusion list.

Reasons cited for the removal are administrative:  Because the failure of a person repairing and changing tires to register as an automotive repair dealer with the bureau would constitute a crime, the bill would impose a state-mandated program.

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.

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