9880.1.
The following definitions apply for the purposes of this chapter:(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles.
(b) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, if the employer or dealer repairs motor vehicles, and, who for salary or wage, performs maintenance, diagnostics, repair, removal, or installation of any integral component parts of an engine, driveline, chassis, or body of any vehicle, but excludes all of the following:
(1) Providing tire services by or on behalf of a motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, owned or operated by a person or entity possessing a valid motor carrier permit, as described in Section 34620 of the Vehicle Code.
(2) Lubricating vehicles.
(3) Installing light bulbs, batteries, windshield wiper blades, and other minor accessories; cleaning, replacing fan belts, oil, and air filters.
(4) Other minor services that the director, by regulation, determines are customarily performed by a gasoline service station.
(c) “Bureau” means the Bureau of
Automotive Repair.
(d) “Chief” means the Chief of the Bureau of Automotive Repair.
(e) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested being made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers.
(f) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that
includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer.
(g) “Director” means the Director of Consumer Affairs.
(h) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.
(i) “Person” includes a firm, partnership, association, limited liability company, or corporation.
(j) (1) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and also
excluding all of the following:
(A) Providing tire services by or on behalf of a motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, owned or operated by a person or entity possessing a valid motor carrier permit, as described in Section 34620 of the Vehicle Code.
(B) Lubricating vehicles.
(C) Installing light bulbs, batteries, windshield wiper blades, and other minor accessories.
(D) Cleaning, adjusting, and replacing spark plugs.
(E) Replacing fan belts, oil, and air filters.
(F) Other minor services that the director, by regulation, determines are customarily performed by gasoline service stations.
(2) No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation.
(k) “Tire pressure monitoring system” (TPMS) means the automotive safety device that warns the driver by using a lighted icon on the onboard diagnostic system that one or more of the tires are underinflated.