If you have a dispute with an auto repair shop, the more you know about the California Automotive Repair Act (Act), the better prepared you'll be to resolve the dispute. The Act can be found in the Business & Professions Code, Sections 9880 9889.68
The California Bureau of Automotive Repair (BAR) enforces the Act. BAR is part of the California Department of Consumer Affairs. Their web site is www.dca.ca. Gov, select the Bureau of Automotive Repair.
Under the Act, a company who repairs a car is called an automotive repair dealer. But, since most people think of a dealer as a company that sells a car, the term dealer is not used here.instead, the term Auto repair shop is used here.
According to the California Legislature, the protection of the public is the highest priority for the Bureau of Automotive Repair (BAR). Section 9880.3.
The Act requires the BAR to investigate complaints against auto repair shops made by the public. Section 9882.5.
The Act requires the BAR to appoint an Administration and Enforcement Monitor who is responsible for:
1)
Defining the term fraud (as it pertains to auto repair).
2)
Establishing a formal diagnostic and repair standard.
3)
Establishing a formal code of conduct for auto repair dealers and technicians.
4)
Revoking a shop's license for doing any of the following (the revocation can either be temporary or permanent):
A)
Making an untrue or misleading statement or authorizing someone to make an untrue or misleading statement. A statement can be oral or written.
B)
Causing a customer to sign a work order that does not state the repairs requested by the customer.
C)
Causing a customer to sign a work order without noting the car's odometer reading at the time of the repair (i.E., how many miles you have on the car).
D)
Failing or refusing to give a customer a copy of any document requiring the customer's signature at the time the customer is asked to sign the document.
E)
Engaging in any conduct that constitutes fraud.
F)
Engaging in any conduct that constitutes gross negligence.
G)
Failing to comply with the Automotive Repair Act or regulations adopted pursuant to the Act.
H)
Any willful departure from accepted trade standards for good and workmanlike repair without the consent of the owner.
I)
Making false promises to a customer to induce that customer to authorize a repair.
J)
Having repair work done by someone other than the dealer without the consent of the customer.
Other important sections of the Automotive Repair Act
1)
If an auto repair shops operates more than one store AND the BAR find that a store violated the Act, BAR may only revoke the license of that store UNLESS the BAR finds that the shop has repeatedly violated the Act (or regulations adopted pursuant to it). Section 9884.7.
2)
All work done by an auto repair shop must be recorded on an invoice and must describe the services performed and the parts used. Section 9884.8.
3)
If any used, rebuilt, or reconditioned parts are used, the invoice shall clearly state that fact. Some shops have been known to use what is known as junk-yard parts, which means they are used parts. Section 9884.8.
4)
The auto shop is required to give the customer a written estimate for the cost of parts and labor. Section 9884.9.
5)
At the request of the customer at the time the work order is written, the auto shop must return replaced parts to the customer when the work has been completed unless those parts must be returned to the manufacturer as part of a warranty program. So, if you want the old parts, you must make that request before the repairs are made. 9884.10.
6)
An auto repair shop must keep records required by the Act for a period of 3 years. 9884.11.
7)
The BAR may suspend, revoke or take other disciplinary action against an auto repair shop if the shop fails to make and keep records showing their transactions, or fails to make the records available to the BAR for a period of three years from when the records were created. Section 9889.3.
8)
If an auto repair shop violates the Auto Repair Act, the BAR can obtain an injunction from the Superior Court in the county where the auto repair shop is located to prohibit the auto repair shop from violating the Act. 9884.14.
9)
The BAR can also file charges with the district attorney or city attorney against a repair shop who violates the Auto Repair Act. 9884.15.
10)
The BAR is required to design a sign that every auto repair shop must display in their shop. The sign shall give notice that inquiries regarding service may be made to the BAR and shall contain the toll-free number and web address of the BAR. 9884.17.
11)
The BAR may adopt regulations necessary to carry out the provisions of the Auto Repair Act to protect the public from fraudulent or misleading advertising. Those regulations may include definitions for the words fraud, guarantee and negligence. 9884.19
12)
The BAR may adopt regulations that outline the guidelines for the suspension and revocation of a car repair shop's license.
How to file a complaint against an auto repair shop with the Bureau of Automotive Repair (BAR)
A)
Call 800-952-5210
B)
Go to www.dca.ca. Gov, select the Bureau of Automotive Repair button. Select the file a consumer complaint link at the bottom of the screen.
C)
You can either submit your complaint on-line or print the complaint form and submit it to the BAR office near you. There are offices in Sacramento, Hayward, El Monte and Riverside, California.
To read any section of the Automotive Repair Act yourself, follow these instructions.
A)
Go to www.leginfo.ca. Gov
B)
Select the blue California Law button at the bottom of the screen
C)
Select the Business and Professions Code option
D)
Select the search button without inputting anything in the search box.
E)
Scroll down until you find
Division 3 Professions and Vocations generally
Chapter 20.3 Automotive Repair
Articles 1-11
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