1. (a) Solicits or advertises the repair of motor vehicles by telephone directory, newspaper, periodical, airwave transmission, the Internet, printed handbill, printed business card, printed poster, lettering on motor vehicles, or painted or electric sign, and repairs motor vehicles.
2. (b) Maintains an establishment for the repair of motor vehicles where within or outside the establishment is a sign, poster, or other representation which might reasonably lead a member of the public to believe that such establishment performs the repair of motor vehicles.
3. (c) Holds a retail sellers permit when such permit has been acquired for the purpose of, or has been used for, obtaining parts for the repair of motor vehicles.

4. (d) Holds themself out to the public as an automotive repair dealer and receives a motor vehicle from the public and transmits or renders control of the motor vehicle to another for repair.

   1. (1) A person will be deemed to be holding themself out to the public as an automotive repair dealer within the meaning of subdivision (d) above when such person solicits such business in a manner which might reasonably lead the public to believe that such person is an automotive repair dealer, or when the person receiving the service is billed on such person's own invoice.

5. (e) Engages in the business of collecting compensation for automotive repair services that are referred or sublet to another person or entity to perform.

   1. (1) A person or entity is deemed to be collecting compensation for automotive repair services that are referred or sublet to another person or entity to perform within the meaning of subdivision (e) above when the person or entity:

      1. (A) Is a referral, broker, or concierge service that collects payment for the repairs performed by another person or entity.
      2. (B) Is an online retailer of automotive parts that, in addition to selling parts, arranges for the installation of the parts and the installation is part of the purchase transaction.
   2. (2) For purposes of this section, engaging in the business of collecting compensation shall mean any payment or other benefit provided to the person or entity that confers value, including discounts, rebates, or gift cards, unless such offer is made to members of the public.

A person or entity shall be deemed to be an automotive repair dealer as defined by subdivision (a) of section 9880.1 of the Business and Professions Code when such person or entity does one or more of the following:

Note: Authority cited: Sections 9882 and 9884.19, Business and Professions Code. Reference: Sections 9880.1, 9884.19, 17500 and 17505, Business and Professions Code.

History

1. New section filed 4-16-90; operative 4-16-90 (Register 90, No. 19).

2. Amendment of subsection (a) and Note filed 11-16-2017; operative 11-16-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 46).

3. Amendment of section heading, section and Note filed 8-19-2025; operative 10-1-2025 (Register 2025, No. 34).