Cal. Code Regs. tit. 16 § 3371.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3371.1 - Presumption as Automotive Repair Dealer

A person 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:

(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, or

(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, or

(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, or

(d) holds himself or herself 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.

A person will be deemed to be holding himself or herself 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.

Cal. Code Regs. Tit. 16, § 3371.1

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).

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

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).