Cal. Code Regs. Tit. 16, § 3303 - Definitions

In this chapter, unless the context otherwise requires:

(a) "Code" means the Business and Professions Code.

(b) "Department" means the Department of Consumer Affairs.

(c) "Act" means the Automotive Repair Act as contained in Chapter 20.3, Division 3 of the Business and Professions Code.

(d) "Passenger vehicle" means a motor vehicle used for private transportation or recreational purposes, including recreational vehicles and excluding commercial vehicles.

(e) "Commercial vehicle" means a vehicle designed, used or maintained primarily for the transportation of persons or property for hire, compensation or profit.

(f) "Recreational vehicle" means a motor vehicle designed or altered for recreational purposes or for human habitation and includes a motor vehicle used for transporting camper units.

(g) "Compensation" means any form of remuneration received for repairing or diagnosing malfunctions of motor vehicles. Where repair or diagnostic work is performed pursuant to a warranty, compensation is presumed to have been paid, whether the warranty has been obtained in connection with the purchase of a motor vehicle or otherwise.

(h) "Repair of motor vehicles" as used in subdivision (k) of Section 9880.1 of the Act shall not include the repair of that portion of a recreational vehicle which is intended for human habitation and which is unrelated to the operation of the vehicle.

(i) "Transmission fluid change" means changing the transmission fluid without removing the transmission pan or changing the transmission filter.

(j) "Building" means a permanent structure with walls, a floor, and a roof.

(k) "Auto body repair shop" means an automotive repair dealer who performs repairs or reconstruction of automobile or truck bodies, structures, or frames. Auto body repair shop does not include an automotive repair dealer also licensed by the department of Motor Vehicles as a motor vehicle dealer who engages in either the activity of up-fitting or down-fitting it's vehicle inventory, or performs those repairs that may be performed without utilizing the tools or equipment required by Section 3351.5.

(l) "Section" or "Sectioning" means the replacement of less than a whole part or component by splicing the part or component at non-factory seams.

(m) "Corrosion protection" means a coating applied to the vehicle to create a corrosion resistant barrier that protects the structure or component from the elements to which it is exposed.

(n) "Structure" means those components or parts that are designed to support weight, absorb collision energy, and absorb road shock.

(o) "Crash part" means a replacement for any of the non-mechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

(p) "Original Equipment Manufacturer crash part" or "OEM crash part" means a crash part made for or by the original vehicle manufacturer that manufactured, fabricated or supplied a vehicle or a component part.

(q) "Non-Original Equipment Manufacturer aftermarket crash part" or "non-OEM aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle.

(r) "Nationally Recognized and Industry-Accepted Educational Certification" means a diploma, certificate of completion, or a degree as defined in Section 94830 of the Education Code obtained after successful completion of any training on automotive repair, the diagnosis and repair of a motor vehicle, automotive technology, automotive service technology, or customer service related to automotive repair and/or testing provided by any of the following: a vehicle manufacturer, the Inter-Industry Conference on Auto Collision Repair (I-CAR), the National Institute for Automotive Service Excellence (ASE), or by an educational institution accredited by an accrediting agency recognized by the U.S. Department of Education.

(s) "Vehicle Safety System" is a system or combination of parts, as identified in the Vehicle Safety Systems Inspection Manual, referenced in section 3311.1 of this Chapter, that has the primary purpose of promoting the safety and security of the vehicle passengers by actively or passively working to prevent a collision and limiting damage and injuries in the event of a collision.

(t) "Change of ownership" means any change in legal ownership of the license or the licensed business, including the addition or deletion of a partner, the transfer of any ownership interest between members of a family, such as by sale, gift, or the death of the legal owner or one of the owners, change of the business entity by incorporation of the business, or any other form of entity change to the legal owner of the license.

(u) "Change of address" means any relocation of a licensed business not involving a change of ownership, and any change in the mailing address, including a change resulting from street renumbering.

(v) "Responsible Managing Employee (RME)" means an individual designated by the automotive repair dealer as responsible to oversee the day-to-day operations of the automotive repair dealer and ensure the automotive repair dealer's compliance with all laws and regulations in conducting its licensed activities.

(w) "Third-party payor" means an aftermarket warranty provider, insurer, or other entity who is responsible for, or has contracted with, the customer to provide payment for repairs to a vehicle.

Notes

Cal. Code Regs. Tit. 16, § 3303

Note: Authority cited: Sections 9882, 9884, 9884.9, 9884.19 and 9887.1, Business and Professions Code. Reference: Sections 9880.1(a), 9880.1(f), 9880.1(k), 9882, 9884, 9884.7(a)(2), 9884.9, 9888.5, 9889.50, 9889.51 and 9889.52, Business and Professions Code.

Note: Authority cited: Sections 9882, 9884, 9884.9, 9884.19 and 9887.1, Business and Professions Code. Reference: Sections 9880.1(a), 9880.1(f), 9880.1(k), 9882, 9884, 9884.7(a)(2), 9884.9, 9889.50, 9889.51 and 9889.52, Business and Professions Code.

1. New subsections (f) through (o) filed 12-29-72; effective thirtieth day thereafter (Register 72, No. 53).
2. Amendment of subsection (o) and new subsection (p) filed 6-9-78; effective thirtieth day thereafter (Register 78, No. 23).
3. Amendment filed 2-22-83; effective thirtieth day thereafter (Register 83, No. 9).
4. Amendment of subsection (e) filed 8-18-92; operative 9-17-92 (Register 92, No. 37).
5. Amendment of subsection (h), new subsection (i) and subsection relettering filed 3-7-97; operative 4-6-97 (Register 97, No. 10).
6. New subsections (m)-(s) and amendment of Note filed 10-20-97; operative 11-19-97 (Register 97, No. 43).
7. Amendment of subsection (k) and amendment of Note filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
8. Change without regulatory effect repealing subsection (j), relettering subsections and amending newly designated subsections (m) and (o)-(r) filed 6-5-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 23).
9. Repealer of subsection (j) and subsection relettering filed 9-13-2018; operative 9/13/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 37).
10. Change without regulatory effect amending subsection (h) and amending Note filed 6-4-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 23).
11. New subsection (r) and amendment of Note filed 5-1-2023; operative 7/1/2023 (Register 2023, No. 18).
12. New subsection (s) and amendment of NOTE filed 3-27-2024; operative 3/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 14).
13. New subsections (t)-(v) filed 2-5-2025; operative 4/1/2025 (Register 2025, No. 6).
14. New subsection (w) filed 5-29-2025; operative 7/1/2025 (Register 2025, No. 22).