Spring 2016 Regulations Update
The following regulatory actions are under development. For more information on regulation proposals or to learn about future opportunities for public participation, visit the Regulatory Actions page at www.bar.ca.gov.
BAR is moving forward with a regulation package to update its Disciplinary Guidelines. The guidelines, which are statutorily mandated to be adopted in regulation, are intended to be a resource for those involved in and affected by the disciplinary process, including registrants, licensees, and the general public. They are used in the administrative process to promote consistent and appropriate penalties when imposing disciplinary action.
The proposed changes to the Disciplinary Guidelines are necessary to address legislative and regulatory changes that have occurred since their last revision in May 1997. The guidelines will also be updated to ensure consistent use of titles and terms, to remove outdated and unnecessary terms and conditions of probation, to adopt a new probationary registration process, and clarify BAR’s enforcement authority in light of the licensing restructure implemented in 2012.
A public hearing was held on January 8, 2016. One written comment was received during the 45-day public comment period. As a result of changes made in response to the comment, an additional 15-day public comment period was provided. A Final Statement of Reasons will be submitted to the Office of Administrative Law for adoption this year.
Windshield Replacement Standards
Windshields are an important safety feature in motor vehicles. Windshields support the vehicle frame and are manufactured and installed according to certain standards to have sufficient strength and bonding to the vehicle to prevent ejection during a crash.
To address the issue of improper windshield replacement and vehicle occupant ejections, BAR is proposing a regulation to require that the products and procedures involved in windshield installation and replacement meet accepted trade standards. The proposed regulation also requires disclosures to the customer of the minimum cure time or “drive-away” time, the date and time upon which installation was completed, and whether the windshield supplied is an original equipment manufacturer part or non-original equipment manufacturer part.
A public hearing was held on January 19, 2016. Four written comments were received during the public comment period.
Mobile Automotive Repair Dealer Advertising
BAR is working with automotive repair industry stakeholders to address internet advertising of unlicensed repair services on various websites. In addition to consumer complaints, BAR enforcement staff continuously monitor public advertising forums to track the growing number of unlicensed individuals and businesses reaching consumers. After identifying unlicensed activity, BAR coordinates with law enforcement agencies to conduct sting operations throughout the State.
In 2014, BAR began posting on its website a list of citations issued to individuals and businesses found performing repairs without a valid automotive repair dealer (ARD) registration. Over 1,700 citations have been issued since regulations adopted in 2012 gave BAR authority to issue citations for unlicensed activity.
A Notice of Proposed Action was published on January 22, 2016. A public hearing was held on March 14, 2016.
Smog Check Training Institutions and Instructors
This proposed regulation will update and revise the requirements for certification of training institutions and instructors to create consistency with Smog Check licensing requirements. The regulation will also replace the technologically out-of-date Bureau of Automotive Repair Standards document with the new Bureau Training Programs Standards document. The new document provides the minimum standards to provide training for Smog Check licensees. Finally, the proposed regulation would allow vehicle manufacturer training to satisfy the renewal requirements for the Smog Check Repair Technician license.