California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 1 - General Provisions › Section 3303 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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.