STATE OF CALIFORNIA LAWS AND REGULATIONS pdf

State of California Laws and Regulations Pertaining to Automotive Repair Dealers, Smog Check Stations and Technicians, Official Lamp and Brake Adjusting Stations and Adjusters 2012 EDITION Includes Statutory Amendments through January 1, 2012 and Regulations through November 1, 2011 CALIFORNIA DEPARTMENT OF CONSUMER AFFARIS BUREAU OF AUTOMOTIVE REPAIR 10240 SYSTEMS PARKWAY SACRAMENTO, CA 95827 State of California Laws and Regulations Pertaining to Automotive Repair Dealers, Smog Check Stations and Technicians, Official Lamp and Brake Adjusting Stations and Adjusters Excerpts from the Business and Professions Code, Civil Code, Family Code, Government Code, Health and Safety Code, Insurance Code, Penal Code, Public Resources Code, Revenues and Taxation Code, Vehicle Code, and the California Code of Regulations Includes Statutory Amendments through January 1, 2012 and Regulations through November 1, 2011 CALIFORNIA DEPARTMENT OF CONSUMER AFFARIS BUREAU OF AUTOMOTIVE REPAIR 10240 SYSTEMS PARKWAY SACRAMENTO, CA 95827 QUESTIONS ABOUT THIS PUBLICATION? email customer.support@lexisnexis.com or visit our interactive customer service website at www.lexisnexis.com/printcdsc For EDITORIAL content questions concerning this publication, please email: LLP.CLP@lexisnexis.com For information on other LEXISNEXIS MATTHEW BENDER publications, or visit our online bookstore at www.lexisnexis.com/bookstore © 2012 Matthew Bender & Company, Inc., a member of the LexisNexis Group All rights reserved LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a The California regulations appearing in this publication have been extracted from This material may not be commercially reproduced or sold in printed or electronic form TO THE INFORMATION CONTAINED IN THIS PUBLICATION; AND 701 E Water Street 800-446-3410 www.lexisnexis.com Product Number 2102012 (Pub 21020) Disclaimer This manual of statutory and administrative code provisions is intended for reference only Due to the nature of the material, the provisions included herein are subject to change For complete accuracy contact the Legislative Counsel of California (www.leginfo.ca.gov) for statutory updates or the Office of Administrative Law (www.oal.ca.gov) for regulatory updates LexisNexis also maintains this material online at Lexis.com iii TABLE OF CONTENTS Page BUSINESS & PROFESSIONS CODE General Provisions § 7.5 “Conviction”; When action by board following establishment of conviction may be taken; Prohibition against denial of licensure; Application of section § 12.5 Violation of regulation adopted pursuant to code provision; Issuance of citation § 22 “Board” § 23.7 “License” § 23.8 “Licentiate” § 27 Information to be provided on Internet; Entities in Department of Consumer Affairs required to comply § 29.5 Additional qualifications for licensure § 30 Provision of federal employer identification number or social security number by licensee § 31 Compliance with judgment or order for support upon issuance or renewal of license DIVISION Department of Consumer Affairs Chapter The Department § 101.6 Purpose § 101.7 Meetings of boards; Regular and special § 103 Compensation and reimbursement for expenses § 118 Effect of withdrawal of application; Effect of suspension, forfeiture, etc., of license § 119 Misdemeanors pertaining to use of licenses § 121 Practice during period between renewal and receipt of evidence of renewal § 122 Fee for issuance of duplicate certificate § 123 Conduct constituting subversion of licensing examination; Penalties and damages § 123.5 Enjoining violations § 124 Manner of notice § 125 Misdemeanor offenses by licensees § 125.3 Direction to licentiate violating licensing act to pay costs of investigation and enforcement § 125.5 Enjoining violations; Restitution orders § 125.6 Unlawful discrimination by licensees § 125.7 Restraining orders § 125.8 Temporary order restraining licensee engaged or about to engage in violation of law § 125.9 System for issuance of citations to licensees; Contents; Fines § 127 Submission of reports to director § 128 Sale of equipment, supplies, or services for use in violation of licensing requirements § 128.5 Reduction of license fees in event of surplus funds § 129 Handling of complaints; Reports to Legislature § 130 Terms of office of agency members 10 § 135 Reexamination of applicants 10 § 136 Notification of change of address; Punishment for failure to comply 10 § 137 Regulations requiring inclusion of license numbers in advertising, etc 10 § 140 Disciplinary action; Licensee’s failure to record cash transactions in payment of employee wages 10 § 141 Disciplinary action by foreign jurisdiction; Grounds for disciplinary action by state licensing board 10 § 143 Proof of license as condition of bringing action for collection of compensation 11 § 144 Requirement of fingerprints for criminal record checks; Applicability 11 Chapter 1.5 Unlicensed Activity Enforcement § 145 Legislative findings and declarations 11 § 146 Violations of specified authorization statutes as infractions; Punishment 11 § 146.5 [Section repealed 2008.] 12 § 147 Authority to issue written notice to appear in court 12 § 148 Establishment of administrative citation system 12 § 149 Notice to cease advertising in telephone directory; Contest and hearing; Disconnection of service 12 Chapter Funds of the Department § 200 Deposit of revenues, etc.; Refunds 13 v TABLE OF CONTENTS vi Chapter Consumer Affairs Article General Provisions and Definitions 13 § 300 Citation of chapter 13 § 301 Declaration of intent 13 § 302 Definitions 13 § 303 Division of Consumer Services; Chief 14 Article Director and Employees 14 § 305 Administration of chapter 14 § 306 Employment matters 14 § 307 Experts and consultants 14 Article Powers and Duties 14 § 310 Director’s powers and duties 14 § 311 Interdepartmental committee 14 § 312 Report to Governor and Legislature 15 § 313 Establishment of library 15 § 313.1 Compliance with section as requirement for effectiveness of specified rules or regulations; Submission of records; Authority for disapproval 15 § 313.2 Adoption of regulations in conformance with Americans with Disabilities Act 15 § 313.5 Publication of consumer information bibliography 15 Article Representation of Consumers 15 § 320 Intervention in administrative or judicial proceedings 15 § 321 Commencement of legal proceedings 16 Article Consumer Complaints 16 § 325 Actionable complaints 16 § 326 Proceedings on receipt of complaint 16 Chapter Public Members § 450 Qualifications generally 16 § 450.2 Avoiding conflict of interest 16 § 450.3 Conflicting pecuniary interests 16 § 450.5 Prior industrial and professional pursuits 16 § 450.6 Age 17 § 451 Delegation of duties 17 § 452 “Board” 17 Chapter Licensee § 460 Powers of local governmental entities 17 § 461 Asking applicant to reveal arrest record prohibited 17 § 462 Inactive category of licensure 17 Chapter Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles § 472 Definitions 18 § 472.1 Program for certifying third party dispute resolution processes used for arbitration of disputes 18 § 472.2 Availability to buyers or lessees of new motor vehicle; Application for certification; Final determination 18 § 472.5 Certification Account; Statement of motor vehicles distributed; Fees; Notification of amount to fund program; Adoption of regulations 18 DIVISION 1.2 Joint Committee on Boards, Commissions, and Consumer Protection Chapter Review of Boards under the Department of Consumer Affairs § 473.1 [Section repealed 2011.] 19 § 473.3 [Section repealed 2011.] 19 DIVISION 1.5 Denial, Suspension and Revocation of Licenses Chapter General Provisions § 475 Applicability of division 20 § 476 Exemptions 20 § 477 “Board”; “License” 20 § 478 “Application”; “Material” 20 Chapter Denial of Licenses § 480 Grounds for denial; Effect of obtaining certificate of rehabilitation 20 § 481 Crime and job-fitness criteria 21 vii TABLE OF CONTENTS § 482 Rehabilitation criteria 21 § 483 [Section renumbered 1987.] 21 § 484 Attestation to good moral character of applicant 21 § 485 Procedure upon denial 21 § 486 Contents of decision or notice 21 § 487 Hearing; Time 21 § 488 Hearing request 21 § 489 Denial of application without a hearing 21 Chapter Suspension and Revocation of Licenses § 490 Grounds for suspension or revocation; Discipline for substantially related crimes; Conviction; Legislative findings 22 § 490.5 Suspension of license for failure to comply with child support order 22 § 491 Procedure upon suspension or revocation 22 § 492 Effect of completion of drug diversion program on disciplinary action or denial of license 22 § 493 Evidentiary effect of record of conviction of crime substantially related to licensee’s qualifications, functions, and duties 22 § 494 Interim suspension or restriction order 23 Chapter Public Reprovals § 494.5 Agency actions when licensee is on certified list; Definitions; Collection and distribution of certified list information; Timing; Notices; Challenges by applicants and licensees; Release forms; Interagency agreements; Fees; Remedies; Inquiries and disclosure of information; Severability 24 § 495 Public reproval of licentiate or certificate holder for act constituting grounds for suspension or revocation of license or certificate; Proceedings 27 Chapter Examination Security § 496 Grounds for denial, suspension, or revocation of license 27 § 498 Fraud, deceit or misrepresentation as grounds for action against license 27 § 499 Action against license based on licentiate's actions regarding application of another 27 DIVISION Professions and Vocations Generally Chapter 20.3 Automotive Repair Article General Provisions 27 § 9880 Chapter's scope and citation 27 § 9880.1 Definitions 28 § 9880.2 Exemptions from registration 28 § 9880.3 Priority of bureau; Protection of the public 28 Article Administration 28 § 9882 Bureau of Automotive Repair; Adoption of regulations 29 § 9882.1 Appointment, compensation, and supervision of personnel 29 § 9882.2 Chief of bureau 29 § 9882.3 Officials exercising director’s powers and duties 29 § 9882.4 Maintenance and availability of record of registered dealers; Bureau newsletter 29 § 9882.5 Investigation of violations; Complaint procedures; Compensation 29 § 9882.14 Standards for installation of ignition interlock devices 29 Article Registration Procedure 29 § 9884 Registration fee and forms 30 § 9884.1 Application and fees when business has more than one facility 30 § 9884.2 Issuance of registration; Duties of director 30 § 9884.3 Termination of registration on nonpayment of renewal fee 30 § 9884.4 Termination of registration when information not current 30 § 9884.5 Cancellation of registration following failure to renew in three years after expiration; Renewal within three years 30 § 9884.6 Persons who must register 30 § 9884.7 Denial, suspension, revocation, or probation of registration 31 § 9884.76 Automotive repair dealers; Failure to restore airbag to original operating condition; Misdemeanor 31 § 9884.8 Recording on invoice 31 § 9884.9 Written estimates; Consent of customer; Acknowledgment; Authorization for charges in excess of estimate 31 TABLE OF CONTENTS § 9884.10 § 9884.11 § 9884.12 § 9884.13 § 9884.14 § 9884.15 § 9884.16 § 9884.17 § 9884.18 § 9884.19 § 9884.20 § 9884.21 viii Return of replaced parts to customer 32 Maintenance and inspection of records 32 Provisions governing proceedings affecting registration 32 Administrative jurisdiction after expiration of valid registration 32 Enjoining violation 32 Filing charges with district or city attorney 33 Registration as prerequisite to lien or suit 33 Sign placed in dealer locations 33 Individual’s civil action against dealer 33 Bureau’s regulations 33 Limitations period for filing accusation against automotive repair dealers 33 Probationary registration; Terms and conditions; Dismissed conviction; Evidence of rehabilitation; Standard terms 33 § 9884.22 Revocation, suspension, or denial of registration; Statement of reasons for denial; Copy of criminal history record; Hearings 33 Article Revenue 34 § 9886 Vehicle and Inspection Repair Fund 34 § 9886.1 Director's report to State Controller and payment of revenues into State Treasury 34 § 9886.2 Availability of funding 34 § 9886.3 Registration fee schedule 34 § 9886.4 Payments from fund 34 Article Licenses 35 § 9887.1 Licensing for lamp and brake adjusting stations 35 § 9887.2 Application and fees 35 § 9887.3 Nontransferability, and cancellation and replacement or duplication, of licenses 35 § 9887.4 Illegality of violation of regulation 35 Article Lamp and Brake Adjusting Stations 35 § 9888.1 Definitions 35 § 9888.2 Adoption of regulations; Approval of testing equipment and laboratories 35 § 9888.3 Required licensing of stations and adjusters 35 § 9888.4 Licensing of, and certification by, fleet owner stations 36 Article Denial, Suspension and Revocation 36 § 9889.1 Authority of director; Provisions governing proceedings 36 § 9889.2 Grounds for denial of license 36 § 9889.3 Grounds for disciplinary action against licensee 36 § 9889.4 Conviction, and license suspension, revocation, or refusal thereon 36 § 9889.5 Permitted disciplinary actions 37 § 9889.6 Surrender of revoked or suspended license 37 § 9889.7 Continuance of director's jurisdiction 37 § 9889.8 Period of limitations for filing accusations 37 § 9889.9 Revocation or suspension of additional license 37 § 9889.10 Reinstatement of suspended or revoked license 37 Article Lamp and Brake Adjustment Certificates 37 § 9889.15 Definitions 37 § 9889.16 Lamp or brake adjustment certificate 37 § 9889.19 Charging fees for certificates 37 Article Penalties 37 § 9889.20 Misdemeanor offense and punishment therefor 37 § 9889.21 Infraction, and punishment therefor 38 § 9889.22 Perjury 38 Article 10.5 Auto Body Repair 38 § 9889.50 Legislative findings 38 § 9889.51 “Auto body repair shop” 38 § 9889.52 Application for registration 38 § 9889.53 Inclusion of repairer's identification number on check issued under collision insurance policy 38 Article 11 Auto Body Repair Study 38 § 9889.66 Registration form 38 § 9889.68 Identification requirement for insurance check or draft issued to repairer 38 INDEX MISDEMEANORS —Cont’d Licenses —Cont’d Examinations Subversion of examination, B&P §123 Use of licenses, B&P §119 Vehicle code violations, Veh §40000.7 MISREPRESENTING NATURE OF BUSINESS, B&P §17505 Recreation therapists, B&P §17505.2 MOTORCYCLES Defined, Veh §400 Equipment for vehicles Acetylene lamps, Veh §25451 Flashing or warning lights, Veh §25251.2 Lights Headlamps Mechanical testing, CCR §13.678, Veh §25650.5 Exhaust system, Veh §27202.1 MOTOR-DRIVEN CYCLES Headlamps, Veh §25651 Mechanical testing, CCR §13.679 MOTOR VEHICLE DEPARTMENT Smog impact fee refunds Duties as to refund, Veh §1673.2 MUFFLERS Adequate muffler required, Veh §27150 Certificates of compliance, Veh §27150.2 Dismissal of prosecutions, Veh §27150.7 Escape of excessive smoke or other residue, Veh §27153 Exhaust and noise emissions, Veh §24011.7 Gross polluters, Veh §27156 Modification of systems, Veh §27151 Off-highway vehicles, Veh §27150 Sale of exhaust systems, Veh §27150.1 Sale of non-complying systems, Veh §27150.5 Violations, Veh §42001.2 N NEW MOTOR VEHICLE BOARD Funding, Veh §3016 NEW MOTOR VEHICLE WARRANTIES Dispute resolution Arbitration certification program, CCR §§16.3396.1 to 3397.5 See ARBITRATION CERTIFICATION PROGRAM Certification, B&P §§472 to 472.5 Definitions, B&P §472 Program for certification, B&P §472.1 Providing dispute resolution to buyers or lessees, B&P §472.2 Requirements, CC §1793.22 Lemon law buyback, CC §1793.23 Notice Form of notice, CC §1793.24 Number of repair attempts, CC §1793.22 Service contract in lieu of express warranty, CC §1794.41 Transfer of vehicle, CC §1793.22 Gag orders, etc., restricted, CC §1793.26 Restitution under express warranty Sales tax reimbursement to manufacturer, CC §1793.25 Sellers’ disclosures, CC §1793.23 NOISE INSPECTIONS Conflict of laws, Veh §24007.6 NONREPAIRABLE VEHICLES Defined, Veh §431 NOTICE Emissions inspections Noncompliance, H&S §43012 Licentiate, notice that practitioner is licensed, B&P §138 Manner, B&P §124 Service contracts Cancellation, Ins §12825 Smog impact fee refunds Notice with refund, Veh §1673.7 Unlicensed activity enforcement Notice to appear in court, B&P §147 O OCCUPATIONAL ANALYSES Examination validation, B&P §139 OFFICIAL STATIONS Lamp and brake adjusting stations Generally See LAMP AND BRAKE ADJUSTING STATIONS P PARKING ENFORCEMENT VEHICLES Equipment for vehicles Flashing or warning lights, Veh §25277 PARTS Automotive parts sales, Veh §§12000 to 12003 Bureau of automotive repair Enforcement of provisions, Veh §12000 Defective parts, Veh §12002 Invoices Contents, Veh §12001 Misdemeanors for violations, Veh §12003 Violation of provisions Grounds for discipline, CCR §16.3395.3 False advertising Misrepresentations as to new, used, reconditioned, etc., parts, CCR §16.3374 PER DIEM Compensation of board and commission members, B&P §103 PERJURY Dealers, B&P §9889.22 Defined, Pen §118 Emissions inspections Conduct constituting, H&S §44059 Lamp and brake adjusting stations, B&P §9889.22 Punishment, Pen §126 Subornation of perjury, Pen §127 PET AMBULANCES Equipment for vehicles Flashing or warning lights, Veh §25271 PILOT CARS Equipment for vehicles Flashing or warning lights, Veh §25270 PIPELINE CONSTRUCTION OR REPAIR Equipment for vehicles Flashing or warning lights Pipeline construction or repair vehicles, Veh §25260.1 PRICES Differentials regarding more than one item within same class, B&P §17507 334 PRICES —Cont’d False advertising Dealers, price advertising, CCR §16.3372.1 Former price, advertising, B&P §17501 Goods sold in multiple units, B&P §17504 Lamp and brake adjusting stations Posting of prices, CCR §16.3307 PRISON TERMS Computer crimes, Pen §502 Insurance False or fraudulent claims, Pen §550 Perjury, Pen §126 Towing arrangements Inducements to public agencies to make towing arrangements, Veh §12110 PRIVATE SECURITY AGENCY VEHICLES Equipment for vehicles Flashing or warning lights, Veh §25279 PRIZES Advertising False advertising Inducement to visit or to attend sales pitch Disclosures, B&P §17537.1 Unfair trade practices, what constitutes, B&P §17537.2 PUBLIC AGENCIES Emissions inspections Certificate of compliance Public agency vehicles, H&S §44019 PUBLIC FUNDS Brake friction materials water pollution fund, H&S §25250.64 PUBLIC RECORDS Public records act Agency to assist in inspection, Gov §6253.1 Controlling disclosure of information Allowing party subject to disclosure to control, Gov §6253.3 Guidelines, Gov §6253 Inspection conditions, Gov §6253 Minimum standards for inspections, Gov §6253 Review, audit or report on agency, Gov §6253.31 PUBLIC SAFETY OFFICERS Violation of rights and protections of, Gov §3309.5 PUBLIC UTILITIES Equipment for vehicles Flashing or warning lights Public utility vehicles, Veh §25260 Warning devices Public utility vehicles, Veh §25301 R RECREATION THERAPISTS Misrepresenting nature of business, B&P §17505.2 RED CROSS Equipment for vehicles Flashing or warning lights, Veh §25259.5 REFUNDS Smog impact fee refunds See SMOG IMPACT FEE REFUNDS REGISTRATION Body repair Application, B&P §9889.52 335 REGISTRATION —Cont’d Dealers See DEALERS REGISTRATION OF VEHICLES, Veh §4000 Amnesty program, Veh §9565 Certificates of title Transfers of title or interest Emissions statement, Veh §5751.5 Fees, Veh §9255.2 Commercial vehicles Weight greater than 10,000 pounds, Veh §4000.6 Emissions inspections Initial registration, CCR §16.3340.6 Transfers of title or interest, Veh §5751.5 Exemption of vehicle from fees Free registration, Veh §4001 Exemption of vehicle under permit Not required to register, Veh §4002 One-trip permits Not required to register, Veh §4003 False, altered, etc., registration, title, etc., Veh §4463 Fees, Veh §9250.2 Collection of administrative fees, Veh §9250.18 Increase in fees, Veh §9250.1 Transfer of ownership, Veh §9255.2 One-trip permits Not required to register, Veh §4003 Original registration Temporary permits, Veh §§4156, 9257.5 Permits, exemption of vehicle under Not required to register, Veh §4002 One-trip permits Not required to register, Veh §4003 Pollution control devices Certificate of compliance, Veh §§4000.1, 4000.2 Biennial certification, Veh §4000.3 Refusal of registration Application for model year determination, Veh §4750.1 Required, Veh §4000 Use of vehicle primarily in California requires California registration, Veh §4000.4 Sacramento metropolitan air quality management district Surcharge on vehicle registration fees, H&S §41081 Salvage or dismantled vehicles, Veh §5505 Certificate of inspection or verification form, Veh §5506 Temporary permits, Veh §§4156, 9257.5 Transfers of title or interest Emissions statement, Veh §5751.5 Fees, Veh §9255.2 REGULATIONS Air pollution Vehicular air pollution control Used vehicles Heavy-duty vehicles, H&S §43701 Americans with disabilities act Conformity to act, B&P §313.2 Emissions inspections Suspension or revocation by director, H&S §44072 Equipment for vehicles Adoption of regulations, Veh §26103 Effect of future regulations on current equipment, Veh §26102 Lamp and brake adjusting stations Adoption, B&P §9888.2 Violation, B&P §9887.1 Procedure, B&P §313.1 INDEX REGULATIONS —Cont’d Violation Citations Issuance of citation, B&P §12.5 REPAIR DEALERS Generally, B&P §§9880 to 9889.68 See DEALERS REPLACED PARTS Return to customer, B&P §9884.10 REPORTS Air pollution Accelerated retirement of light-duty vehicles Progress reports, H&S §44104.5 Consumer affairs department Director’s report to governor and legislature, B&P §312 Reports from boards, etc., B&P §127 Emissions inspections Inspection and maintenance review committee, H&S §44021 Insurance claims handling Inspection of vehicles, Ins §1874.86 RESTITUTION Orders for restitution, B&P §125.5 Securities and commodities Enforcement of provisions, Gov §12658 RESTRAINING ORDERS Emissions inspections Violations, enjoining or restraining, H&S §44057 Unfair competition Specific or preventive relief, B&P §17202 Violations, orders restraining, B&P §125.7 Temporary orders, B&P §125.8 RETIREMENT OF VEHICLES Accelerated retirement of light-duty vehicles, H&S §§44100 to 44122 See AIR POLLUTION Voluntary retirement Consumer assistance program, CCR §§16.3394.1 to 16.3394.7 REVOLVING DOOR Boards Public members Prior business, professional, etc., pursuits, B&P §450.5 RIGHT OF ENTRY Emissions inspections, H&S §43012 S SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT Surcharge on vehicle registration fees, H&S §41081 SALES Automotive parts sales, Veh §§12000 to 12003 Bureau of automotive repair Enforcement of provisions, Veh §12000 Defective parts, Veh §12002 Invoices Contents, Veh §12001 Misdemeanors for violations, Veh §12003 Warranties, CC §§1792 to 1795 See WARRANTIES SALES AND USE TAXES Automobile sales warranties, manufacturer’s reimbursement for sales tax refunded to new buyer or lessee for restitution under, CC §1793.25 SALES AND USE TAXES —Cont’d Emissions control label, Rev&Tax §6263 Vehicles Sales warranties, manufacturer’s reimbursement for sales tax refunded to new buyer or lessee for restitution under, CC §1793.25 SALVAGE POOL Responsibilities, Veh §24007.6 SALVAGE VEHICLES Registration of salvage or dismantled vehicles, Veh §5505 Certificate of inspection or verification form, Veh §5506 Revived salvage vehicle, defined, Veh §521.5 Salvage vehicle rebuilder, defined, Veh §543.5 Total loss salvage vehicles, Veh §11515 SAN FRANCISCO Emissions inspections Enhanced inspection and maintenance program San Francisco Bay area basin, H&S §44003.5 SCHOOL BUSES Equipment for vehicles Flashing or warning lights, Veh §25257 Backup warning, Veh §25257.5 Developmentally disabled transporters, Veh §25257.2 Mechanical testing, CCR §13.682 Mounting requirements, CCR §13.696 Strobe lights, Veh §25257.7 Mounting requirements, CCR §13.695.5 Scope of regulation, CCR §13.819 Specifications, CCR §13.820 Side and fender lighting Lamps on sides of vehicles, Veh §25102.5 Scope of regulation, CCR §13.785 Specifications, CCR §13.786 Mechanical testing, CCR §13.681 Mounting requirements, CCR §13.695 Stop signal arm, Veh §25257 San Joaquin Valley unified air pollution control district High emitting school buses Voluntary program to replace or retrofit, H&S §44099 SCHOOL DISTRICT VEHICLES Equipment for vehicles Flashing or warning lights, Veh §25273 SECURITIES AND COMMODITIES Civil penalties for violations, Gov §12660 Definitions, Gov §12657 Enforcement of provisions, Gov §12658 Investigations, Gov §12659 Powers of enforcement under federal laws, Gov §12661 Willful misrepresentation in connection with investigations, Pen §131 SECURITY Equipment for vehicles Flashing or warning lights Private security agency vehicles, Veh §25279 SEMITRAILERS Equipment for vehicles Brakes, Veh §26302 SERVICE CONTRACTS, Ins §§12800 to 12825 Agreements not constituting insurance, Ins §12805 INDEX SERVICE CONTRACTS —Cont’d Definitions, Ins §12800 Forms, Ins §12820 Fronting companies prohibited, Ins §12810 Right to cancel, Ins §12825 Who may offer, Ins §12810 SERVICE OF PROCESS Manner of notice, B&P §124 State departments and agencies Investigations, Gov §11184 SERVICE STATIONS Disabled persons Refueling service for disabled persons, B&P §13660 SIGNS Buses Illuminated signs Santa Monica, illuminated advertising signs, Veh §25353.1 Illuminated signs on public transit buses, Veh §25353 Dealers Display, CCR §16.3351.3 Notice to public concerning contact with bureau, B&P §9884.17 Specifications, CCR §16.3351.4 Emissions inspections Smog check stations, CCR §16.3340.22 Repair cost limit signs, CCR §16.3340.22.2 Replacement, CCR §16.3340.22.3 Service signs, CCR §16.3340.22.1 Lamp and brake adjusting stations Official stations, CCR §16.3309 Service stations Refueling service for disabled persons, B&P §13660 SMOG Air pollution Emissions inspections, H&S §§44000 to 44122 See EMISSIONS INSPECTIONS Generally See AIR POLLUTION SMOG IMPACT FEE REFUNDS Claims, Veh §1673.4 Erroneous payment, Veh §1673.5 False claims, Veh §1673.6 Motor vehicle department Duties as to refund, Veh §1673.2 Notice with refund, Veh §1673.7 Registered owner or lessee Defined, Veh §1673 Interest, exclusion from gross income, Rev&Tax §17139.5 SOBRIETY CHECKPOINTS Sobriety checkpoint inspection Counties may establish, Veh §2814.2 Vehicle inspection and sobriety checkpoint program Inspection stickers and fees to fund program, Veh §2814 Use of fines from proceedings to fund program, Pen §1463.15 SOCIAL SECURITY NUMBERS Licensee to supply, B&P §30 SPECIAL HAZARD VEHICLES Equipment for vehicles Flashing or warning lights Warning lamp regulations, CCR §13.818 SPECIALLY CONSTRUCTED VEHICLES Emissions inspections Standards for inspections, H&S §44017.4 STATE DEPARTMENTS AND AGENCIES Investigations, Gov §§11180 to 11191 Assistance at request of attorney general, Gov §11180.5 Confidential information, Gov §11183 Contempt for failure to appear, Gov §11188 Delegation of powers, Gov §11182 Discovery, Gov §§11186, 11187, 11189 Matters that may be investigated, Gov §11180 Permissible activities, Gov §11181 Service of process and subpoenas, Gov §11184 Show cause orders, Gov §11188 Witnesses, Gov §§11185, 11186 Fees, Gov §11191 Right of party to attendance of, Gov §11190 STATIONS Lamp and brake adjusting stations See LAMP AND BRAKE ADJUSTING STATIONS STATUTE OF LIMITATIONS Computer crimes, civil actions, Pen §502 Emissions inspections Licenses, disciplinary proceedings, H&S §44072.7 Lamp and brake adjusting stations Licensing Denial, suspension and revocation Accusations against licenses, B&P §9889.8 Securities and commodities Civil penalties for violations, Gov §12660 Unfair competition, B&P §17208 SUBORNATION OF PERJURY, Pen §127 SUBPOENAS State departments and agencies Investigations, Gov §11184 T TANNER CONSUMER PROTECTION ACT New motor vehicle warranties Dispute resolution after attempts to conform, CC §1793.22 TELEMARKETING Solicitation of sales at residence or by telephone, B&P §17500.3 SOLICITATION OF SALES At residence or by telephone, B&P §17500.3 TELEPHONE DIRECTORY Advertising Unlicensed activity enforcement Notice to cease telephone directory advertising, B&P §149 SONG-BEVERLY CONSUMER WARRANTY ACT Warranties generally, CC §§1790 to 1795 See WARRANTIES TEMPORARY RESTRAINING ORDERS Emissions inspections Violations, enjoining or restraining, H&S §44057 336 TEMPORARY RESTRAINING ORDERS —Cont’d Unfair competition Specific or preventive relief, B&P §17202 Violations, orders restraining, B&P §125.8 TERMS OF OFFICE Board and agency members, B&P §130 TIRES California tire fee, Pub Res §42885 Tire recycling management fund, Pub Res §42885 Expenditures from fund, Pub Res §42889 TOWING Equipment for vehicles Brakes Towing vehicles, Veh §§26458, 26458.5 Flashing or warning lights, Veh §25253 Dismantler’s vehicle, Veh §25253.1 House towing trucks, Veh §25263 Inducements to public agencies to make towing arrangements, Veh §12110 Dealers, CCR §16.3368 Drivers’ license suspension for violation, Veh §13351.85 Lamps for tow trucks and towed vehicles, Veh §24605 Removal of parked or abandoned vehicles., Veh §22651.07 TRADEMARKS Equipment for vehicles Trademark or name to be included on equipment, Veh §24006 TRAILERS Equipment for vehicles Brakes, Veh §26302 Towing vehicles, Veh §26458.5 Trailer coaches and camp trailers, Veh §26303 Reflectors, Veh §24608 Exemptions, Veh §24611 TRUCK REFLECTORS, Veh §24608 Multiple unit truck reflectors, Veh §24610 TRUCKS, LONG LOAD WARNINGS Equipment for vehicles Flashing or warning lights, Veh §25275 U UNFAIR COMPETITION Attorney general Notice of appellate proceedings to attorney general, B&P §17209 Board within department of consumer affairs Defined, B&P §17201.5 Cumulative nature of penalties or remedies, B&P §17205 Defined, B&P §17200 Disabled person as victim Fines Additional civil penalty, B&P §17206.1 Fines Civil penalty, B&P §17206 Disabled person as victim Additional civil penalty, B&P §17206.1 Injunctions, violation, B&P §17207 Prosecution of action, B&P §17206.5 Senior citizen as victim Additional civil penalty, B&P §17206.1 Injunctions Prosecution, B&P §§17204, 17204.5 Remedies and jurisdiction, B&P §17203 337 INDEX UNFAIR COMPETITION —Cont’d Injunctions —Cont’d Specific and preventive relief, B&P §17202 Violation, B&P §17207 Limitation of actions, B&P §17208 Local consumer affairs agency Defined, B&P §17201.5 Person Defined, B&P §17201 Remedies, B&P §17203 Cumulative nature of penalties or remedies, B&P §17205 Senior citizen as victim Fines Additional civil penalty, B&P §17206.1 Specific or preventive relief, B&P §17202 UNIFORM COMMERCIAL CODE Warranties Conflict of laws, CC §1790.3 UNLICENSED ACTIVITY ENFORCEMENT, B&P §§145 to 149 Advertising Telephone directory advertisements Notice to cease, B&P §149 Citations Administrative citation system Authorized for unlicensed persons, B&P §148 Fines, B&P §§146, 146.5 Infractions for violations, B&P §§146, 146.5 Legislative intent, B&P §145 Notice to appear in court, B&P §147 USED CARS Transfer smog certificates, Veh §4000.1 V VEHICLE AND INSPECTION REPAIR FUND Abolition of predecessor funds and transfer of proceeds into vehicle inspection and repair fund, H&S §44062 Availability of funds, B&P §9886.2 Created, B&P §9886 Disposition of revenue collected, B&P §9886 Emissions inspections Fees deposited into fund, H&S §44060 Fines and fees deposited into fund, H&S §44061 Litigation proceeds from certain case transferred to fund, H&S §44063 Fee schedule, B&P §9886.3 Payments from fund, B&P §9886.4 Reports, B&P §9886.1 VEHICLE EQUIPMENT Generally See EQUIPMENT FOR VEHICLES VEHICLE IDENTIFICATION NUMBERS Definition, Veh §671 Trade standards for repairs Restrictions on things done to VIN, CCR §16.3364 VEHICLE INSPECTION AND REPAIR FUND Emissions inspections High polluter repair or removal account, H&S §§44090, 44091 VEHICLE INSPECTION AND SOBRIETY CHECKPOINT PROGRAM Inspection stickers and fees to fund program, Veh §2814 Use of fines from proceedings to fund program, Pen §1463.15 VEHICLE INSPECTION FUND Abolition and transfer of proceeds into vehicle inspection and repair fund, H&S §44062 VEHICLE REGISTRATION See REGISTRATION OF VEHICLES W WAGES Cash payments of employee wages Recordkeeping, B&P §140 WARRANTIES, CC §§1790 to 1795 Air pollution Vehicular air pollution control New motor vehicles, H&S §43204 Defects related to emissions Manufacturers to recommend diagnoses and repair procedures, H&S §43210.5 Light and medium duty vehicles, H&S §43205 Non-light and medium duty vehicles, H&S §43205.5 As is Defined, CC §1791.3 Sales warranties, CC §1792.5 Commercial code Conflict of laws, CC §1790.3 Construction and interpretation Severability of provisions, CC §1790.2 Cumulative nature of remedies, CC §1790.4 Definitions As is, CC §1791.3 Express warranties, CC §1791.2 Fitness, implied warranty, CC §1791.1 Merchantability, implied warranty, CC §1791.1 With all faults, CC §1791.3 Enforceability Waivers disfavored, CC §1790.1 Express warranties Defined, CC §1791.2 Sales warranties, CC §1793 Alternative repair suggestions, CC §1794.5 Independent service providers working on express warranties Manufacturer liability, CC §1793.6 Manufacturers’ duties, CC §1793.2 Nonmanufacturer making express warranty, CC §1795 Service contract in lieu of express warranty, CC §1794.4 Vehicle or appliance service contract, CC §1794.41 Service facility not provided, CC §1793.3 Manufacturer liability, CC §1793.5 Time to exercise service option, CC §1793.4 Implied warranties Disclaimer Sales warranties, CC §1792.3 Fitness Defined, CC §1791.1 Sales warranties, CC §§1792.1, 1792.2 Merchantability Defined, CC §1791.1 WARRANTIES —Cont’d Implied warranties —Cont’d Merchantability —Cont’d Sales warranties, CC §1792 Waiver Sales warranties, CC §1792.3 Insurance on automobiles What constitutes automobile insurance Express warranties covering lubricants, fluids or additives, Ins §116.5 Lemon law Sales or use tax refunded, reimbursement of manufacturer for, CC §1793.25 Reimbursement of manufacturer for sales or use tax refunded to buyer or lessee of new motor vehicle under warranty, CC §1793.25 Repairs Sales or use tax refunded to buyer or lessee of new motor vehicle under warranty, manufacturer’s reimbursement for, CC §1793.25 Sales warranties, CC §§1792 to 1795 As is, CC §1792.5 Damages for buyer, CC §1794 Damages for seller or service provider, CC §1794.1 Express warranties, CC §1793 Alternative repair suggestions, CC §1794.5 Independent service providers working on express warranties Manufacturer liability, CC §1793.6 Manufacturers’ duties, CC §1793.2 Motor vehicles Arbitration certification program See ARBITRATION CERTIFICATION PROGRAM Dispute resolution, CC §1793.22 Arbitration certification program, CCR §§16.3396.1 to 3397.5 Requirements for dispute resolution generally, CC §1793.22 Number of repair attempts, CC §1793.22 Returned vehicles, disclosures, CC §§1793.23, 1793.24 Transfer of vehicle, CC §1793.22 Gag orders, etc., restricted, CC §1793.26 Sales tax reimbursement to manufacturer, CC §1793.25 Nonmanufacturer making express warranty, CC §1795 Service contract in lieu of express warranty, CC §1794.4 Vehicle or appliance service contract, CC §1794.41 Service facility not provided, CC §1793.3 Manufacturer liability, CC §1793.5 Time to exercise service option, CC §1793.4 Fitness Disclaimer, CC §1792.4 Manufacturers’ implied warranty, CC §1792.2 Retailers’ or distributors’ implied warranty, CC §1792.2 Waiver, CC §1792.3 Merchantability Disclaimer, CC §1792.4 Implied warranty of merchantability, CC §1792 Waiver, CC §1792.3 INDEX WARRANTIES —Cont’d Sales warranties —Cont’d Motor vehicles Service contract in lieu of express warranty, CC §1794.41 Unauthorized or unreasonable use, CC §1794.3 With all faults, CC §1792.5 Service contracts Offer in lieu of express warranty, CC §1794.4 Vehicle or appliance service contract, CC §1794.41 Severability of provisions, CC §1790.2 Title of provisions, CC §1790 Unauthorized or unreasonable use, CC §1794.3 WARRANTIES —Cont’d Waivers Strict construction against, CC §1790.1 With all faults Defined, CC §1791.3 Sales warranties, CC §1792.5 WATER TENDERS Equipment for vehicles Flashing or warning lights Private water tender vehicles, Veh §25281 WITNESSES State departments and agencies Investigations, Gov §§11185, 11186 Fees, Gov §11191 Right of party to attendance of, Gov §11190 338 WRECKERS Equipment for vehicles Brakes Towing vehicles, Veh §§26458, 26458.5 Flashing or warning lights, Veh §25253 Dismantler’s vehicle, Veh §25253.1 Inducements to public agencies to make towing arrangements, Veh §12110 Drivers’ license suspension for violation, Veh §13351.85 Lamps for tow trucks and towed vehicles, Veh §24605 Notes Notes Notes Notes Notes Notes Notes PDF CD enclosed This CD contains: Laws and Regulations Relating to Automotive Repair Dealers Licensed Official Stations and Licensed Smog Check Stations฀- Includes Statutory Amendments Through January 1, 2012 and Regulations Through November 1, 2011 OSP 12 122193 ... purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other provision of law, any board, as defined in Section 22, and the State Bar and the Department of Real Estate... State of California Laws and Regulations Pertaining to Automotive Repair Dealers, Smog Check Stations and Technicians, Official Lamp and Brake Adjusting Stations and Adjusters Excerpts... Reduction of license fees in event of surplus funds 129 Handling of complaints; Reports to Legislature 130 Terms of office of agency members 135 Reexamination of applicants 136 Notification of change of