Automotive repair. SUNSET REVIEW: last review: 2014 next review: Bureau Advisory Group members. louis J. AnAPOlsKy JAsOn BArtAnEn denny BOwEn

Transcription

1 BUREAU OF AUTOMOTIVE REPAIR Automotive repair Registers/licenses and regulates automotive repair dealers, brake and lamp adjusters and stations, and smog Check stations and technicians. Administers the smog Check and Consumer Assistance Programs to reduce air pollution produced by motor vehicles. STAFF: 588 civil service positions 2 exempt REGISTRATIONS, LICENSES, AND PERMITS: 75,042 BUREAU STAFF: chief: Patrick dorais patrick.dorais@dca.ca.gov Assistant chief: doug Balatti douglas.balatti@dca.ca.gov deputy chief, Field Operations & Enforcement: dan Povey dan.povey@dca.ca.gov STRATEGIC PLAN ADOPTED: LAWS AND REGULATIONS: Business and Professions code health and safety code title 16, division 33, california code of regulations SUNSET REVIEW: last review: 2014 next review: 2018 ADVISORy AND EDUCATIONAL GROUP MEMBERS These groups are not created by statute or regulation. members are appointed by the Bureau Chief. Bureau Advisory Group members louis J. AnAPOlsKy JAsOn BArtAnEn denny BOwEn drew carlson JOhAn GAllO VincE GrEGOry GEOrGE hritz david lang BriAn maas JOn mcconnel JAcK molodanof JOnAthAn morrison tracy renee rosemary shahan chris walker susan monser ward Affiliation knox, Lemmon & Anapolsky, LLP Inter-Industry Conference on Auto Collision Repair Automotive Maintenance and Repair Association/Motorist Assurance Program California Automotive Teachers California Automotive Business Coalition AAA northern California California Automotive Teachers Automobile Club of Southern California California new Car Dealers Association Independent Automotive Professionals Association California Auto Body Association Auto Advisory Services, Inc. Automotive Service Councils of California Consumers for Auto Reliability and Safety nossaman, Guthner, knox & Elliott, LLP California Emission Testing Industries Association 30

2 CONTINUED educational Advisory Group members Jim custeau Phil FOurniEr mike morse KEVin rogers steve tomoroy Bud rice craig JOhnsOn mike PAlmEr GAry houseman FEEs Affiliation Cuyamaca College Contract Instructor Yuba College Cosumnes River College Rio Hondo College quality Tune-Up Craig Johnson Automotive Midas Muffler Smog Check Technician Automotive Repair Dealer Actual Fee statutory Limit APPLICATIOn fee $200 $200 REnEwAL fee (AnnUAL) $200 $200 smog Check station Actual Fee statutory Limit APPLICATIOn fee $100 reasonable cost REnEwAL fee (AnnUAL) $100 reasonable cost brake and/or Lamp station Actual Fee statutory Limit APPLICATIOn fee $10 $10 REnEwAL fee (AnnUAL) $5 $5 smog Check inspector and/or Repair technician Actual Fee statutory Limit APPLICATIOn fee $20 reasonable cost ExAM fee $45 reasonable cost REnEwAL fee (BIEnnIAL) $20 reasonable cost brake and/or Lamp Adjuster Actual Fee statutory Limit APPLICATIOn fee $10 $10 REnEwAL fee (four YEARS) $5 $5 reciprocity The Bureau offers no reciprocity with licenses obtained in other states. major ACComPlisHmEnts Retired 47,868 vehicles and provided financial assistance to repair an additional 5,630 vehicles through the Consumer Assistance Program, resulting in an estimated 6,822 tons of reduced emissions. Implemented an online application for repair assistance and vehicle retirement. Performed 15,542 roadside emission surveys of vehicles to evaluate the effectiveness of the Smog Check Program. Published the first complete evaluation of the Smog Check Program since implementation of major reforms set forth in AB 2289 (Eng, Chapter 258, Statutes of 2010), including the incentivebased performance program known as STAR. The results indicated marked improvement of the quality of inspections performed by the Smog Check industry. Worked with the California Air Resources Board (CARB) to identify and study certain vehicles that are unable to set a Malfunction Indicator Light (MIL) due to a problem with the vehicle s emission control system. ARB used this information to address these problems with vehicle manufacturers. Completed 2,217 audit inspections of test equipment used by licensed Smog Check stations and technicians to verify compliance with specifications designed to provide consistent and accurate testing of vehicles. Conducted a Smog Check occupational analysis that resulted in a new and improved repair technician licensing examination. Released online training for licensed technicians on hybrid vehicles, which were added to the Smog Check Program in April

3 BUREAU OF AUTOMOTIVE REPAIR CONTINUED Began implementing an electronic transmittal system for investigations in order to improve efficiency and reduce costs associated with the filing of administrative actions against registrants for violations of the Automotive Repair Act. Filed 95 administrative actions using data captured by new Smog Check test equipment for vehicles equipped with on-board diagnostic systems, a 579 percent increase over the prior year. Secured nearly 40 court-ordered interim suspension orders against licensed stations and technicians for issuing fraudulent Smog Check certificates of compliance. major new legislation or regulations (Extends through the 2016 calendar year) AB 2167 (Achadjian, Chapter 518, Statutes of 2016) will eliminate the existing requirement that businesses collect specified information from a tow truck operator within one day if a vehicle is dropped off after business hours, and instead clarify what information is required to be collected by a business that takes possession of a vehicle from a tow truck operator if the vehicle is dropped off after business hours. This clean-up bill will also allow businesses to accept a tow truck driver s identification number, issued by a motor club or other government authorized unique identifiers, in lieu of a driver s license number. AB 2387 (Mullin, Chapter 694, Statutes of 2016) will enhance restrictions against counterfeit airbags by prohibiting the deliberate manufacturing, importation, installation, reinstallation, distribution, sale, or offer for sale of a counterfeit or nonfunctional replacement airbag. This bill will also prohibit the intentional sale, installation, or reinstallation of any device that causes the vehicle s diagnostic system to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag, or when no airbag is installed. Finally, the bill will prescribe that violations of these provisions constitutes a misdemeanor punishable by a fine not exceeding $5,000, up to one year in county jail, or both fine and imprisonment. SB 1046 (Hill, Chapter 783, Statutes of 2016) will require a driving under the influence offender to install an ignition interlock device on his or her vehicle for a specified period of time in order to get a restricted license or to reinstate his or her license and to remove the required suspension time before a person can get a restricted license. This bill will also authorize the Bureau to issue a citation or suspend or revoke the registration of an automotive repair dealer who installs, maintains, or services ignition interlock devices in a manner inconsistent with specified provisions, including failing to comply with the fee schedule requirements. 32

4 summary of licensing Activity initial Registrations/Licenses/Certificates/Permits APPS RECEIvED ISSUED REnEwED AUTOMOTIvE REPAIR DEALER 4,047 3,392 34,864 TEST AnD REPAIR ,933 TEST OnLY ,976 REPAIR OnLY STAR CERTIfICATES 1, n/a BRAkE AnD LAMP ,021 REPAIR TECHnICIAn ,420 InSPECTOR 2,615 1,135 6,749 BRAkE AnD LAMP ADJUSTER 2, n/a Licensing Population by type CERTIfICATIOnS/ LICEnSES/ APPROvALS PERMITS REGISTRATIOnS AUTOMOTIvE n/a 36,788 n/a REPAIR DEALER n/a 5,306 n/a TEST AnD REPAIR TEST n/a 2,146 n/a OnLY n/a 42 n/a REPAIR OnLY STAR 4,557 n/a n/a CERTIfICATES BRAkE n/a 1,054 n/a LAMP n/a 1,042 n/a n/a 9,889 n/a REPAIR TECHnICIAn n/a 15,552 n/a InSPECTOR BRAkE ADJUSTER n/a 1,677 n/a LAMP ADJUSTER n/a 1,454 n/a Exam Results ExAM TITLE PASS fail TOTAL REPAIR TECHnICIAn InSPECTOR 1,141 1,049 2,190 BRAkE ADJUSTER LAMP ADJUSTER totals 2,187 1,922 4,109 Renewal and Continuing Education (CE) frequency Of REnEwAL number Of HOURS REqUIRED EACH CYCLE AUTOMOTIvE REPAIR DEALER TEST AnD REPAIR TEST OnLY REPAIR OnLY STAR CERTIfICATES n/a 0 BRAkE AnD LAMP REPAIR TECH EVEry 2 years 12 InSPECTOR EVEry 2 years 4 BRAkE AnD LAMP ADJUSTER EVEry 4 years n/a summary of Enforcement Activity Consumer Complaints intake 19,499 RECEIvED 509 CLOSED without REfERRAL for InvESTIGATIOn 18,948 REfERRED for InvESTIGATIOn 197 PEnDInG Conviction/Arrest Notification Complaints n/a RECEIvED n/a CLOSED/REfERRED for InvESTIGATIOn n/a PEnDInG inspections 26,403 InSPECTIOnS COnDUCTED 917 InSPECTIOnS CITATIOnS ISSUED Number of Days to Complete intake and investigations 17,612 UP TO 90 DAYS 1, TO 180 DAYS DAYS TO 1 YEAR 44 1 TO 2 YEARS 0 2 TO 3 YEARS 0 OvER 3 YEARS 43 AvERAGE number Of DAYS TO COMPLETE InTAkE AnD InvESTIGATIOnS Please refer to page 9 for an explanation of the definitions and criteria for data reported in the Enforcement section. 33

5 summary of Enforcement Activity continued investigations 18,949 OPEnED 18,946 CLOSED 2,384 PEnDInG Citations and Fines 3,381 ISSUED 642 ISSUED with A fine 8 withdrawn 205 DISMISSED 73 AvERAGE number Of DAYS TO ISSUE A CITATIOn AnD fine total Amount of Fines $1,174,500 ASSESSED* $393,000 REDUCED $605,000 COLLECTED * Assessed does not include citations currently under appeal. Criminal/Civil Actions 105 REfERRALS for CRIMInAL/CIvIL ACTIOn n/a n/a CRIMInAL ACTIOnS filed CIvIL ACTIOnS filed office of the Attorney General/Disciplinary Action 354 CASES OPEnED/InITIATED 237 CASES CLOSED* 559 CASES PEnDInG * BAR may have multiple licenses listed on a single case/accusation. Therefore, administrative outcomes/final orders does not match the number of cases closed. Administrative outcomes/final orders* 21 LICEnSE APPLICATIOnS DEnIED 266 REvOCATIOn 0 SURREnDER Of LICEnSE 62 PROBATIOn with SUSPEnSIOn 1 SUSPEnSIOn OnLY 85 PROBATIOn OnLY 0 PUBLIC REPRIMAnD 48 OTHER DECISIOnS * BAR may have multiple licenses listed in a single case/accusation. Therefore, administrative outcomes/final orders does not match the number of cases closed. Number of Days to Complete AG Cases 19 1 YEAR TO 2 YEARS 86 2 TO 3 YEARS 26 3 TO 4 YEARS 0 OvER 4 YEARS 721 AvERAGE number Of DAYS TO IMPOSE DISCIPLInE Formal Actions Filed/Withdrawn/Dismissed 43 STATEMEnTS Of ISSUES filed 231 ACCUSATIOnS filed 44 RESTRAInInG/RESTRICTIOn/SUSPEnSIOn ORDERS GRAnTED 16 STATEMEnTS Of ISSUES withdrawn/dismissed 6 ACCUSATIOnS withdrawn/dismissed Petition for Modification or termination of Probation 2 GRAnTED 0 DEnIED 2 TOTAL Petition for Reinstatement of Revoked License/ Registration/Certification 0 GRAnTED 0 DEnIED 0 TOTAL Cost Recovery to DCA $1,323,685 ORDERED $679,854 COLLECTED Consumer Restitution to Consumers/Refunds/savings $60,109 RESTITUTIOn ORDERED $2,556,476 AMOUnT REfUnDED $1,362,751 REwORk AT no CHARGE $1,093,820 ADJUSTMEnTS In MOnEY OwED/PRODUCT RETURnED/ExCHAnGED $5,073,156 TOTAL SAvInGS ACHIEvED for COnSUMERS Receipt of Complaint to Assignment to investigator 3 AvERAGE number Of DAYS investigations: opening to Closing of Case 43 AvERAGE number Of DAYS investigations: Closure of investigation to imposing Formal Discipline 556 AvERAGE number Of DAYS 34 Please refer to page 9 for an explanation of the definitions and criteria for data reported in the Enforcement section.