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DCA News & Updates
DCA provided updates regarding new personnel and new DCA logo.
Legislation & Regulations
The following bills were chaptered in law. AB 1740 - Catalytic Converters- Core Recyclers record keeping; AB 2496 - Vehicle Exhaust Systems; SB 1087 - Prohibited purchase of catalytic converters. Current legislation - SB 55 (Catalytic Converters). Pending Regulations- Smog Check Inspection Equipment Requirements (DAD Updates); Citation & Remedial Training Program; Automotive Repair Dealer Application updates; Vehicle Safety Systems Inspection program. See link for presentation.
https://www.bar.ca.gov/pdf/bag/202301/legislation-regulations.pdf
Unlicensed Activity Enforcement
BAR provided an overview of unlicensed automotive activity, issuing citations and cease/desist letters. BAR provided examples of unlicensed activity with transmission and collision repair facilities. If unlicensed activity persists, the BAR refers cases to local District Attorney to request criminal and civil prosecution, but cases may not move forward due to workload. BAR has collaborated with the Attorney General to establish an alternative process which would include filing a request for injunction and temporary restraining order for certain cases. See link for presentation. https://www.bar.ca.gov/pdf/bag/202301/unlicensed-activity.pdf
2023 Sunset Review Overview
The Sunset Review is a process for the State legislature, DCA and stakeholders to review BAR operations and make recommendation for improvements. Sunset Review is conducted every 4 years. Upcoming issues include smog inspections model year 1976-95; on-line automotive repair referral business; ARD storage fees and insurer referrals and auto repair shop management software. BAR Sunset Review hearing to take place on March 14, 2023. Legislature will prepare a committee report and legislation may result from these hearings. We will monitor the Sunset Review hearing and report. See link for presentation. https://www.bar.ca.gov/pdf/bag/202301/sunset-review.pdf
California Vehicle Inspection Systems (Cal-VIS) Update
Biometrics use for Smog Check inspections is now mandated, including all license smog inspectors required to scan palm of hand at the beginning and ending of each smog inspection. As of 1/6/23, 85% of licensed smog check inspectors have enrolled in biometrics. Software updates will allow biometric use in lieu of passwords. Computers must be updated to Windows 10 and Windows 11. BAR also in process of implementing the safety inspection program for salvage-title vehicles. See link for presentation. https://www.bar.ca.gov/pdf/bag/202301/cal-vis.pdf
Complaint Mediation Case Study
The BAR provided a specific auto body complaint case for discussion. The BAR went through the complaint process (started with request for an auto body inspection), including consumer allegations, vehicle inspections, vehicle re-inspections, photographs of workmanship issues and substandard work, resolution and the ARD compliance and education. It wasn't clear whether the poor workmanship was due to negligence or quaility control issues. See link for presentation.
https://www.bar.ca.gov/pdf/bag/202301/case-study.pdf
BAR Enforcement/Licensing Modernization (ELM) Update
BAR continues to work on modernizing business process so an auto repair shop can apply for new licenses, renew licenses and conduct other business on-line. A demonstration was provided to the group showing how easy and quick ARD's will be able to apply for a new license and renewals on-line. ARD's will be able to upload all information to the BAR website and eventually print out paper license once approved by BAR. This new on-line system will improve the turnaround times for BAR applications approvals. It should be implemented sometime this year. See link for presentation.
https://www.bar.ca.gov/pdf/bag/202301/elm.pdf
Enforcement Statistics
Consumer Complaints to BAR are as follows: Engine Repair/Performance 33%; General Repair Maintenance 19%; Auto Body 18%; Transmission 7%; Smog 6%; Used Car Transactions 5%; Vehicle Warranty 5%; Unlicensed activity 2%; Towing and Storage 1%; See link for presentation.
https://www.bar.ca.gov/pdf/bag/202301/enforcement-statistics.pdf
Licensing Statistics
Current total of registered/licensed automotive repair dealers (ARDs) is 34,310. See link for presentation.
https://www.bar.ca.gov/pdf/bag/202301/licensing-statistics.pdf
Public Comments
Next BAR Advisory Group meeting is scheduled for Thursday, April 27, 2023.
Automotive Repair Transaction Requirement Workshop- Software/Point of Sale Issues
The BAR conducted a workshop to address concerns that auto repair shops have raised with software/point of sale management systems. Some of the issues that auto shops are facing with software systems include limited characters, limited space, non-compliant abbreviations/acronyms and pre-populated fee line-item charges (e.g., shop supplies) that are prohibited by BAR.
Unfortunately, many of these non-compliant software issues cannot be changed/modified by the auto repair shop. The BAR will discipline the shop for non-compliance issues, not the software company. Software companies do not need to comply with BAR laws and regulations because they are not regulated by BAR. Discussion surrounded possible solutions, including recognizing the software companies (e.g., approved vendor list) that follow and comply with BAR laws and regulations. This issue is included in the BAR Sunset Review and the state legislature may decide to enact legislation to address the concerns raised by the industry. We will continue monitoring this issue and reporting. See link for presentation.
https://www.bar.ca.gov/pdf/workshops/202301-automotive-repair-transactions/presentation.pdf
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